Barracuda Networks VERSION SP4 manual

RESOURCES, ABNORMAL OPERATING CONDITIONS (IN PARTICULAR DEVIATIONS FROM THE INSTALLATION CONDITIONS) AS WELL AS BY TRANSPORTATION DAMAGE. IN ADDITION, DUE TO THE CONTINUAL DEVELOPMENT OF NEW TECHNIQUES FOR INTRUDING UPON AND ATTACKING NETWORKS, BARRACUDA NETWORKS DOES NOT WARRANT THAT THE SOFTWARE OR ANY EQUIPMENT, SYSTEM OR NETWORK ON WHICH THE SOFTWARE IS USED WILL BE FREE OF VULNERABILITY TO INTRUSION OR ATTACK. YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT YOU WILL PROVIDE AN UNLIMITED PERPETUAL ZERO COST LICENSE TO BARRACUDA FOR ANY PATENTS OR OTHER INTELLECTUAL PROPERTY RIGHTS WHICH YOU EITHER OWN OR CONTROL THAT ARE UTILIZED IN ANY BARRACUDA PRODUCT.

6.Termination and Fair Use Policy. BARRACUDA SHALL HAVE THE ABSOLUTE AND UNILATERAL RIGHT AT ITS SOLE DISCRETION TO DENY USE OF, OR ACCESS TO BARRACUDA SOFTWARE, IF YOU ARE DEEMED BY BARRACUDA TO BE USING THE SOFTWARE IN A MANNER NOT REASONABLY INTENDED BY BARRACUDA OR IN VIOLATION OF ANY LAW.

7.Limitation of Liability. TO THE EXTENT NOT PROHIBITED BY LAW, IN NO EVENT SHALL BARRACUDA BE LIABLE FOR PERSONAL INJURY OR ANY INCIDENTAL SPECIAL, INDIRECT, OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA, BUSINESS INTERRUPTION, OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, ARISING OUT OF OR RELATED TO YOUR ABILITY TO USE OR INABILITY TO USE THE BARRACUDA SOFTWARE HOWEVER CAUSED, REGARDLESS OF THE THEORY OF LIABILITY AND EVEN IF BARRACUDA HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. In no event shall Barracuda's total liability to you for all damages exceed the amount of one hundred dollars.

8.Content Restrictions. YOU MAY NOT (AND MAY NOT ALLOW A THIRD PARTY TO) COPY, REPRODUCE, CAPTURE, STORE, RETRANSMIT, DISTRIBUTE, OR BURN TO CD (OR ANY OTHER MEDIUM) ANY COPYRIGHTED CONTENT THAT YOU ACCESS OR RECEIVE THROUGH USE OF THE PRODUCT CONTAINING THE SOFTWARE. YOU ASSUME ALL RISK AND LIABILITY FOR ANY SUCH PROHIBITED USE OF COPYRIGHTED CONTENT. You agree not to publish any benchmarks, measurements, or reports on the product without Barracuda Networks’ written express approval.

9.Third Party Software. Some Software which supports Bare Metal Disaster Recovery of Microsoft Windows Vista and Microsoft Windows 2008 Operating Systems (DR6) contains and uses components of the Microsoft Windows Pre-Installation Environment (WINPE) with the following restrictions: (i) the WINPE components in the DR6 product are licensed and not sold and may only be used with the DR6 product; (ii) DR6 is provided "as is"; (iii) Barracuda and its suppliers reserve all rights not expressly granted; (iv) license to use DR6 and the WINPE components is limited to use of the product as a recovery utility program only and not for use as a general purpose operating system; (v) Reverse engineering, decompiling or disassembly of the WINPE components, except to the extent expressly permitted by applicable law, is prohibited; (vi) DR6 contains a security feature from Microsoft that will automatically reboot the system without warning after 24 hours of continuous use; (vii) Barracuda alone will provide support for customer issues with DR6 and Microsoft and its Affiliates are released of all liability related to its use and operation; and, (viii) DR6 is subject to U.S. export jurisdiction.

10.Trademarks. Certain portions of the product and names used in this Agreement, the Software and the documentation may constitute trademarks of Barracuda Networks. You are not authorized to use any such trademarks for any purpose.

11.Export Restrictions. You may not export or re-export the Software without: (a) the prior written consent of Barracuda Networks, (b) complying with applicable export control laws, including, but not limited to, restrictions and regulations of the Department of Commerce or other United States agency or authority and the applicable EU directives, and (c) obtaining any necessary permits and licenses. In any event, you may not transfer or authorize the transfer of the Software to a prohibited territory or country or otherwise in violation of any applicable restrictions or regulations. If you are a United States Government agency the Software and documentation qualify as "commercial items", as that term is defined at Federal Acquisition Regulation ("FAR") (48 C.F.R.) 2.101, consisting of "commercial computer software" and "commercial computer software documentation" as such terms are used in FAR 12.212. Consistent with FAR 12.212 and DoD FAR Supp. 227.7202-1 through 227.7202-4, and notwithstanding any other FAR or other contractual clause to the contrary in any agreement into which this Agreement may be incorporated, Government end user will acquire the Software and documentation with only those rights set forth in this Agreement. Use of either the Software or documentation or both constitutes agreement by the Government that the Software and documentation are "commercial computer software" and "commercial computer software documentation", and constitutes acceptance of the rights and restrictions herein.

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.

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