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Limited Warranty and License 55
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 EQUIPEMENT 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 NON-INFRINGEMENT OF THIRD PARTY RIGHTS. BARRACUDA DOES NOT
WARRANT THE CONTINUED OPERATION OF THE SOFTWARE, THAT THE
PERFORMANCE WILL MEET YOUR EXPECTATIONS, THAT THE FUNCTIONS WILL
MEET YOUR REQUIREMENTS, THAT THE OPERATION WILL BE ERROR FREE OR
CONTINUOUS, THAT CURRENT OR FUTURE VERSIONS OF ANY OPERATING SYSTEM
WILL BE SUPPORTED, OR THAT DEFECTS WILL BE CORRECTED. NO ORAL OR
WRITTEN INFORMATION GIVEN BY BARRACUDA OR AUTHORIZED BARRACUDA
REPRESENTATIVE SHALL CREATE A WARRANTY. SHOULD THE BARRACUDA
SOFTWARE PROVE DEFECTIVE, YOU ASSUME THE ENTIRE COST OF ALL NECESSARY
SERVICING, REPAIR, OR CORRECTION. FURTHERMORE BARRACUDA NETWORKS
SHALL ASSUME NO WARRANTY FOR ERRORS/BUGS, FAILURES OR DAMAGE WHICH
WERE CAUSED BY IMPROPER OPERATION, USE OF UNSUITABLE 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