Barracuda Networks 4 - Manual (Page 58)

56 Barracuda Backup Service Administrator’s Guide
INTRUDING UPON AND ATTACKING NETWORKS, BARRACUDA NETWORKS DOES NOT
WARRANT THAT THE SOFTWARE OR ANY EQUIPMENT, SYSTEM OR NETWORK ON
WHICH THE SOFTWARE IS USED WILL BE FREE OF VULNERABILITY TO INTRUSION
OR ATTACK. YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT YOU WILL
PROVIDE AN UNLIMITED PERPETUAL ZERO COST LICENSE TO BARRACUDA FOR ANY
PATENTS OR OTHER INTELLECTUAL PROPERTY RIGHTS WHICH YOU EITHER OWN OR
CONTROL THAT ARE UTILIZED IN ANY BARRACUDA PRODUCT.
6. Termination and Fair Use Policy. BARRACUDA SHALL HAVE THE ABSOLUTE AND
UNILATERAL RIGHT AT ITS SOLE DISCRETION TO DENY USE OF, OR ACCESS TO
BARRACUDA SOFTWARE, IF YOU ARE DEEMED BY BARRACUDA TO BE USING THE
SOFTWARE IN A MANNER NOT REASONABLY INTENDED BY BARRACUDA OR IN
VIOLATION OF ANY LAW.
7. Limitation of Liability. TO THE EXTENT NOT PROHIBITED BY LAW, IN NO EVENT
SHALL BARRACUDA BE LIABLE FOR PERSONAL INJURY OR ANY INCIDENTAL
SPECIAL, INDIRECT, OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING,
WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA, BUSINESS
INTERRUPTION, OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, ARISING OUT
OF OR RELATED TO YOUR ABILITY TO USE OR INABILITY TO USE THE BARRACUDA
SOFTWARE HOWEVER CAUSED, REGARDLESS OF THE THEORY OF LIABILITY AND
EVEN IF BARRACUDA HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. In no
event shall Barracuda's total liability to you for all damages exceed the amount of one hundred
dollars.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.
8. Content Restrictions. YOU MAY NOT (AND MAY NOT ALLOW A THIRD PARTY TO)
COPY, REPRODUCE, CAPTURE, STORE, RETRANSMIT, DISTRIBUTE, OR BURN TO CD
(OR ANY OTHER MEDIUM) ANY COPYRIGHTED CONTENT THAT YOU ACCESS OR
RECEIVE THROUGH USE OF THE PRODUCT CONTAINING THE SOFTWARE. YOU
ASSUME ALL RISK AND LIABILITY FOR ANY SUCH PROHIBITED USE OF
COPYRIGHTED CONTENT. You agree not to publish any benchmarks, measurements, or reports
on the product without Barracuda Networks’ written express approval.
9. Third Party Software. Some Software which supports Bare Metal Disaster Recovery of Microsoft
Windows Vista and Microsoft Windows 2008 Operating Systems (DR6) contains and uses
components of the Microsoft Windows Pre-Installation Environment (WINPE) with the following
restrictions: (i) the WINPE components in the DR6 product are licensed and not sold and may only
be used with the DR6 product; (ii) DR6 is provided "as is"; (iii) Barracuda and its suppliers reserve
all rights not expressly granted; (iv) license to use DR6 and the WINPE components is limited to use
of the product as a recovery utility program only and not for use as a general purpose operating
system; (v) Reverse engineering, decompiling or disassembly of the WINPE components, except to
the extent expressly permitted by applicable law, is prohibited; (vi) DR6 contains a security feature
from Microsoft that will automatically reboot the system without warning after 24 hours of
continuous use; (vii) Barracuda alone will provide support for customer issues with DR6 and
Microsoft and its Affiliates are released of all liability related to its use and operation; and, (viii) DR6
is subject to U.S. export jurisdiction.
10. Trademarks. Certain portions of the product and names used in this Agreement, the Software and
the documentation may constitute trademarks of Barracuda Networks. You are not authorized to use
any such trademarks for any purpose.