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223 Barracuda Networks Warranty and Software License Agreement
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 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