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Limited Warranty and License 57
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.
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