Barracuda Control Server, Administrator'S Manual

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Limited Warranty and License 39
AT THE TIME OF ACQUIRING SUCH COPY OR UPGRADE, ALREADY HOLDS A VALID
LICENSE TO THE ORIGINAL ENERGIZE UPDATE SOFTWARE AND HAS PAID THE
APPLICABLE FEE FOR THE UPGRADE; (2) USE OF UPGRADES IS LIMITED TO
BARRACUDA NETWORKS EQUIPMENT FOR WHICH CUSTOMER IS THE ORIGINAL END
USER PURCHASER OR LESSEE OR WHO OTHERWISE HOLDS A VALID LICENSE TO USE
THE ENERGIZE UPDATE SOFTWARE WHICH IS BEING UPGRADED; AND (3) USE OF
ADDITIONAL COPIES IS LIMITED TO BACKUP PURPOSES ONLY.
Energize Update Changes. Barracuda Networks reserves the right at any time not to release or to
discontinue release of any Energize Update Software and to alter prices, features, specifications,
capabilities, functions, licensing terms, release dates, general availability or other characteristics of
any future releases of the Energize Update Software.
Proprietary Notices. Customer agrees to maintain and reproduce all copyright and other proprietary
notices on all copies, in any form, of the Energize Update Software in the same form and manner that
such copyright and other proprietary notices are included on the Energize Update Software. Except
as expressly authorized in this Agreement, Customer shall not make any copies or duplicates of any
Energize Update Software without the prior written permission of Barracuda Networks. Customer
may make such backup copies of the Energize Update Software as may be necessary for Customer's
lawful use, provided Customer affixes to such copies all copyright, confidentiality, and proprietary
notices that appear on the original.
Protection of Information. Customer agrees that aspects of the Energize Update Software and
associated documentation, including the specific design and structure of individual programs,
constitute trade secrets and/or copyrighted material of Barracuda Networks. Customer shall not
disclose, provide, or otherwise make available such trade secrets or copyrighted material in any form
to any third party without the prior written consent of Barracuda Networks. Customer shall implement
reasonable security measures to protect and maintain the confidentiality of such trade secrets and
copyrighted material. Title to Energize Update Software and documentation shall remain solely with
Barracuda Networks.
Indemnity. Customer agrees to indemnify, hold harmless and defend Barracuda Networks and its
affiliates, subsidiaries, officers, directors, employees and agents at Customers expense, against any
and all third-party claims, actions, proceedings, and suits and all related liabilities, damages,
settlements, penalties, fines, costs and expenses (including, without limitation, reasonable attorneys
fees and other dispute resolution expenses) incurred by Barracuda Networks arising out of or relating
to Customers (a) violation or breach of any term of this Agreement or any policy or guidelines
referenced herein, or (b) use or misuse of the Barracuda Networks Energize Update Software.
Term and Termination. This License is effective upon date of delivery to Customer of the initial
Energize Update Software (but in case of resale by a Barracuda Networks distributor or reseller,
commencing not more than sixty (60) days after original Energize Update Software purchase from
Barracuda Networks) and continues for the period for which Customer has paid the required license
fees. Customer may terminate this License at any time by notifying Barracuda Networks and ceasing
all use of the Energize Update Software. By terminating this License, Customer forfeits any refund
of license fees paid and is responsible for paying any and all outstanding invoices. Customer's rights
under this License will terminate immediately without notice from Barracuda Networks if Customer
fails to comply with any provision of this License. Upon termination, Customer must cease use of all
copies of Energize Update Software in its possession or control.
Export. Software, including technical data, may be subject to U.S. export control laws, including the
U.S. Export Administration Act and its associated regulations, and may be subject to export or import
regulations in other countries. Customer agrees to comply strictly with all such regulations and
acknowledges that it has the responsibility to obtain licenses to export, re-export, or import Energize
Update Software.