Barracuda Control Server, Administrator'S Manual

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38 Barracuda Control Server Administrator’s Guide
YOU MAY RETURN THE SOFTWARE FOR A FULL REFUND, OR, IF THE SOFTWARE IS
SUPPLIED AS PART OF ANOTHER PRODUCT, YOU MAY RETURN THE ENTIRE
PRODUCT FOR A FULL REFUND. YOUR RIGHT TO RETURN AND REFUND EXPIRES 30
DAYS AFTER PURCHASE FROM BARRACUDA NETWORKS OR AN AUTHORIZED
BARRACUDA NETWORKS RESELLER, AND APPLIES ONLY IF YOU ARE THE ORIGINAL
PURCHASER.
The following terms govern your use of the Energize Update Software except to the extent a particular
program (a) is the subject of a separate written agreement with Barracuda Networks or (b) includes a
separate “click-on” license agreement as part of the installation and/or download process. To the
extent of a conflict between the provisions of the foregoing documents, the order of precedence shall
be (1) the written agreement, (2) the click-on agreement, and (3) this Energize Update Software
License.
License. Subject to the terms and conditions of and except as otherwise provided in this Agreement,
Barracuda Networks, Inc., or a Barracuda Networks, Inc. subsidiary (collectively “Barracuda
Networks”), grants to the end-user (“Customer”) a nonexclusive and nontransferable license to use
the Barracuda Networks Energize Update program modules and data files for which Customer has
paid the required license fees (the “Energize Update Software”). In addition, the foregoing license
shall also be subject to the following limitations, as applicable:
Unless otherwise expressly provided in the documentation, Customer shall use the Energize Update
Software solely as embedded in, for execution on, or (where the applicable documentation permits
installation on non-Barracuda Networks equipment) for communication with Barracuda Networks
equipment owned or leased by Customer; Customer's use of the Energize Update 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 Customer may have paid Barracuda
Networks the required license fee; and Customer's use of the Energize Update Software shall also be
limited, as applicable and set forth in Customer's 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
the installed Energize Update Software), (b) concurrent users, sessions, ports, and/or issued and
outstanding IP addresses, and/or (c) central processing unit cycles or instructions per second.
Customer's use of the Energize Update Software shall also be limited by any other restrictions set
forth in Customer's purchase order or in Barracuda Networks' product catalog, user documentation or
web site for the Energize Update Software.
General Limitations. Except as otherwise expressly provided under this Agreement, Customer shall
have no right, and Customer specifically agrees not to:
i.
transfer, assign or sublicense its license rights to any other person, or use the Energize
Update Software on unauthorized or secondhand Barracuda Networks equipment, and any
such attempted transfer, assignment or sublicense shall be void;
ii.
make error corrections to or otherwise modify or adapt the Energize Update Software or
create derivative works based upon the Energize Update Software, or to permit third parties
to do the same; or
iii.
decompile, decrypt, reverse engineer, disassemble or otherwise reduce the Energize Update
Software to human-readable form to gain access to trade secrets or confidential
information in the Energize Update Software.
Upgrades and Additional Copies. For purposes of this Agreement, “Energize Update Software” shall
include (and the terms and conditions of this Agreement shall apply to) any Energize Update
upgrades, updates, bug fixes or modified versions (collectively, “Upgrades”) or backup copies of the
Energize Update Software licensed or provided to Customer by Barracuda Networks or an authorized
distributor/reseller for which Customer has paid the applicable license fees. NOTWITHSTANDING
ANY OTHER PROVISION OF THIS AGREEMENT: (1) CUSTOMER HAS NO LICENSE OR
RIGHT TO USE ANY SUCH ADDITIONAL COPIES OR UPGRADES UNLESS CUSTOMER,