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.
Restricted Rights. Barracuda Networks' commercial software and commercial computer software documentation is provided to United States
Government agencies in accordance with the terms of this Agreement, and per subparagraph “(c)” of the “Commercial Computer Software -
Restricted Rights” clause at FAR 52.227-19 (June 1987). For DOD agencies, the restrictions set forth in the “Technical Data-Commercial Items”
clause at DFARS 252.227-7015 (Nov 1995) shall also apply.
No Warranty. The Energize Update Software is provided AS IS. Customer's sole and exclusive remedy and the entire liability of Barracuda
Networks under this Energize Update Software License Agreement will be, at Barracuda Networks option, repair, replacement, or refund of the
Energize Update Software.
Renewal. At the end of the Energize Update Service Period, Customer may have the option to renew the Energize Update Service at the current
list price, provided such Energize Update Service is available. All initial subscriptions commence at the time of sale of the unit and all renewals
commence at the expiration of the previous valid subscription.
In no event does Barracuda Networks warrant that the Energize Update Software is error free or that Customer will be able to operate the
Energize Update Software without problems or interruptions. In addition, due to the continual development of new techniques for intruding upon
and attacking networks, Barracuda Networks does not warrant that the Energize Update Software or any equipment, system or network on which
the Energize Update Software is used will be free of vulnerability to intrusion or attack.
DISCLAIMER OF WARRANTY. ALL EXPRESS OR IMPLIED CONDITIONS, REPRESENTATIONS, AND WARRANTIES INCLUDING,
WITHOUT LIMITATION, ANY IMPLIED WARRANTY OR CONDITION OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE,
NONINFRINGEMENT, SATISFACTORY QUALITY OR ARISING FROM A COURSE OF DEALING, LAW, USAGE, OR TRADE PRACTICE, ARE
HEREBY EXCLUDED TO THE EXTENT ALLOWED BY APPLICABLE LAW. TO THE EXTENT AN IMPLIED WARRANTY CANNOT BE
EXCLUDED, SUCH WARRANTY IS LIMITED IN DURATION TO THE WARRANTY PERIOD. BECAUSE SOME STATES OR JURISDICTIONS
DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY ALSO HAVE OTHER RIGHTS WHICH VARY FROM
JURISDICTION TO JURISDICTION.
General Terms Applicable to the Energize Update Software License Disclaimer of Liabilities. IN NO EVENT WILL BARRACUDA NETWORKS BE
LIABLE FOR ANY LOST REVENUE, PROFIT, OR DATA, OR FOR SPECIAL, INDIRECT, CONSEQUENTIAL, INCIDENTAL, OR PUNITIVE
DAMAGES HOWEVER CAUSED AND REGARDLESS OF THE THEORY OF LIABILITY ARISING OUT OF THE USE OF OR INABILITY TO
USE THE ENERGIZE UPDATE SOFTWARE EVEN IF BARRACUDA NETWORKS OR ITS SUPPLIERS HAVE BEEN ADVISED OF THE
POSSIBILITY OF SUCH DAMAGES. In no event shall Barracuda Networks' liability to Customer, whether in contract, tort (including negligence),
or otherwise, exceed the price paid by Customer. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW LIMITATION OR
EXCLUSION OF CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
This Energize Update Software License shall be governed by and construed in accordance with the laws of the State of California, without
reference to principles of conflict of laws, provided that for Customers located in a member state of the European Union, Norway or Switzerland,
English law shall apply. The United Nations Convention on the International Sale of Goods shall not apply. If any portion hereof is found to be void
or unenforceable, the remaining provisions of the Energize Update Software License shall remain in full force and effect. Except as expressly
provided herein, the Energize Update Software License constitutes the entire agreement between the parties with respect to the license of the
Energize Update Software and supersedes any conflicting or additional terms contained in the purchase order.
Open Source Licensing
Barracuda products may include programs that are covered by the GNU General Public License (GPL) or other “open source” license
agreements. The GNU license is re-printed below for you reference. These programs are copyrighted by their authors or other parties, and the
authors and copyright holders disclaim any warranty for such programs. Other programs are copyright by Barracuda Networks.
GNU GENERAL PUBLIC LICENSE, (GPL) Version 2, June 1991
Copyright (C) 1989, 1991 Free Software Foundation, Inc. 51 Franklin St, Fifth Floor, Boston, MA 02110-1301 USA
Everyone is permitted to copy and distribute verbatim copies of this license document, but changing it is not allowed.
Preamble
The licenses for most software are designed to take away your freedom to share and change it. By contrast, the GNU General Public