FOR AND BIND THE ENTITY. IF YOU ARE NOT AUTHORIZED TO SIGN FOR AND BIND THE ENTITY OR DO NOT AGREE WITH ALL THE TERMS OF THIS AGREEMENT, DO NOT USE THE SOFTWARE. IF YOU DO NOT AGREE TO THE TERMS OF THIS LICENSE YOU MAY RETURN THE SOFTWARE OR HARDWARE CONTAINING THE SOFTWARE FOR A FULL REFUND TO YOUR PLACE OF PURCHASE.
1.The software and documentation, whether on disk, in flash memory, in read only memory, or on any other media or in any other form (collectively "Barracuda Software") is licensed, not sold, to you by Barracuda Networks, Inc. ("Barracuda") for use only under the terms of this Agreement, and Barracuda reserves all rights not expressly granted to you. The rights granted are limited to Barracuda's intellectual property rights in the Barracuda Software and do not include any other patent or intellectual property rights. You own the media on which the Software is recorded but Barracuda retains ownership of the Software itself. If you have not completed a purchase of the Software and made payment for the purchase, the Software may only be used for evaluation purposes and may not be used in any production capacity. Furthermore the Software, when used for evaluation, may not be secure and may use publicly available passwords.
2.Permitted License Uses and Restrictions. If you have purchased a Barracuda Networks hardware product, this Agreement allows you to use the Software only on the single Barracuda labeled hardware device on which the software was delivered. You may not make copies of the Software. You may not make a backup copy of the Software. If you have purchased a Barracuda Networks Virtual Machine you may use the software only in the licensed number of instances of the licensed sizes and you may not exceed the licensed capacities. You may make a reasonable number of backup copies of the Software. If you have purchased client software you may install the software only on the number of licensed clients. You may make a reasonable number of backup copies of the Software. For all purchases you may not modify or create derivative works of the Software except as provided by the Open Source Licenses included below. You may not make the Software available over a network where it could be utilized by multiple devices or copied. Unless otherwise expressly provided in the documentation, your use of the Software shall be limited to use on a single hardware chassis, on a single central processing unit, as applicable, or use on such greater number of chassis or central processing units as you may have paid Barracuda Networks the required license fee; and your use of the Software shall also be limited, as applicable and set forth in your purchase order or in Barracuda Networks' product catalog, user documentation, or web site, to a maximum number of (a) seats (i.e. users with access to install Software), (b) concurrent users, sessions, ports, and/or issued and outstanding IP addresses, and/or (c) central processing unit cycles or instructions per second. Your use of the Software shall also be limited by any other restrictions set forth in your purchase order or in Barracuda Networks' product catalog, user documentation or Web site for the Software. The BARRACUDA SOFTWARE IS NOT INTENDED FOR USE IN THE OPERATION OF NUCLEAR FACILITIES, AIRCRAFT NAVIGATION OR COMMUNICATION SYSTEMS, LIFE SUPPORT MACHINES, OR OTHER EQUIPMENT IN WHICH FAILURE COULD LEAD TO DEATH, PERSONAL INJURY, OR ENVIRONMENTAL DAMAGE. YOU EXPRESSLY AGREE NOT TO USE IT IN ANY OF THESE OPERATIONS.
3.You may not transfer, rent, lease, lend, or sublicense the Software or allow a third party to do so. YOU MAY NOT OTHERWISE TRANSFER THE SOFTWARE OR ANY OF YOUR RIGHTS AND OBLIGATIONS UNDER THIS AGREEMENT. You agree that you will have no right and will not, nor will it assist others to: (i) make unauthorized copies of all or any portion of the Software; (ii) sell, sublicense, distribute, rent or lease the Software; (iii) use the Software on a service bureau, time sharing basis or other remote access system whereby third parties other than you can use or benefit from the use of the Software; (iv) disassemble, reverse engineer, modify, translate, alter, decompile or otherwise attempt to discern the source code of all or any portion of the Software; (v) utilize or run the Software on more computers than you have purchased license to; (vi) operate the Software in a fashion that exceeds the capacity or capabilities that were purchased by you.
4.THIS AGREEMENT SHALL BE EFFECTIVE UPON INSTALLATION OF THE SOFTWARE OR PRODUCT AND SHALL TERMINATE UPON THE EARLIER OF: (A) YOUR FAILURE TO COMPLY WITH ANY TERM OF THIS AGREEMENT OR (B) RETURN, DESTRUCTION OR DELETION OF ALL COPIES OF THE SOFTWARE IN YOUR POSSESSION. Rights of Barracuda Networks and your obligations shall survive any termination of this Agreement. Upon termination of this Agreement by Barracuda Networks, You shall certify in writing to Barracuda Networks that all copies of the Software have been destroyed or deleted from any of your computer libraries, storage devices, or any other location.
5.YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT THE USE OF THE BARRACUDA SOFTWARE IS AT YOUR OWN RISK AND THAT THE ENTIRE RISK AS TO SATISFACTION, QUALITY, PERFORMANCE, AND ACCURACY IS WITH YOU. THE BARRACUDA SOFTWARE IS PROVIDED "AS IS" WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND, AND BARRACUDA HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH RESPECT TO THE BARRACUDA SOFTWARE, EITHER EXPRESSED OR IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND/OR CONDITIONS OF MERCHANTIBILITY, OF SATISFACTORY QUALITY, OF FITNESS FOR ANY APPLICATION, OF ACCURACY, AND OF
