11.Export Restrictions. You may not export or
12.General. THIS AGREEMENT IS GOVERNED BY THE LAWS OF THE STATE OF CALIFORNIA, USA WITH JURISDICTION OF SANTA CLARA COUNTY, CALIFORNIA, UNLESS YOUR HEADQUARTERS IS LOCATED IN SWITZERLAND, THE EU, OR JAPAN. IF YOUR HEADQUARTERS IS LOCATED IN SWITZERLAND THE SWISS MATERIAL LAW SHALL BE USED AND THE JURISDICTION SHALL BE ZURICH. IF YOUR HEADQUARTERS IS LOCATED IN THE EU, AUSTRIAN LAW SHALL BE USED AND JURISDICTION SHALL BE INNSBRUCK. IF YOUR HEADQUARTERS IS LOCATED IN JAPAN, JAPANESE LAW SHALL BE USED AND JURISDICTION SHALL BE TOKYO. THIS AGREEMENT WILL NOT BE SUBJECT TO ANY CONFLICT-OF-LAWS PRINCIPLES IN ANY JURISDICTION. THIS AGREEMENT WILL NOT BE GOVERNED BY THE U.N. CONVENTION ON CONTRACTS FOR THE INTERNATIONAL SALES OF GOODS. This Agreement is the entire agreement between You and Barracuda Networks regarding the subject matter herein and supersedes any other communications with respect to the Software. If any provision of this Agreement is held invalid or unenforceable, the remainder of this Agreement will continue in full force and effect. Failure to prosecute a party's rights with respect to a default hereunder will not constitute a waiver of the right to enforce rights with respect to the same or any other breach.
13.Assignability. You may not assign any rights or obligations hereunder without prior written consent from Barracuda Networks.
14.Billing Issues. You must notify Barracuda of any billing problems or discrepancies within sixty (60) days after they first appear on the statement you receive from your bank, Credit Card Company, other billing company or Barracuda Networks. If you do not bring such problems or discrepancies to Barracuda Networks attention within the sixty (60) day period, you agree that you waive the right to dispute such problems or discrepancies.
15.Collection of Data. You agree to allow Barracuda Networks to collect information ("Statistics") from the Software in order to fight spam, virus, and other threats as well as optimize and monitor the Software. Information will be collected electronically and automatically. Statistics include, but are not limited to, the number of messages processed, the number of messages that are categorized as spam, the number of virus and types, IP addresses of the largest spam senders, the number of emails classified for Bayesian analysis, capacity and usage, and other statistics. Your data will be kept private and will only be reported in aggregate by Barracuda Networks.
16.Subscriptions. Software updates and subscription information provided by Barracuda Energize Updates or other services may be necessary for the continued operation of the Software. You acknowledge that such a subscription may be necessary. Furthermore some functionality may only be available with additional subscription purchases. Obtaining Software updates on systems where no valid subscription has been purchased or obtaining functionality where subscription has not been purchased is strictly forbidden and in violation of this Agreement. All initial subscriptions commence
Limited Warranty and License 57