Barracuda Networks VERSION SP4 - Manual (Page 253)

251 Barracuda Networks Warranty and Software License Agreement
e. You may distribute the Executable Files and Source Code only under the terms of this License, and You must include a
copy of, or the Uniform Resource Identifier for, this License with every copy of the Executable Files or Source Code You
distribute and ensure that anyone receiving such Executable Files and Source Code agrees that the terms of this License
apply to such Executable Files and/or Source Code. You may not offer or impose any terms on the Work that alter or restrict
the terms of this License or the recipients' exercise of the rights granted hereunder. You may not sublicense the Work. You
must keep intact all notices that refer to this License and to the disclaimer of warranties. You may not distribute the
Executable Files or Source Code with any technological measures that control access or use of the Work in a manner
inconsistent with the terms of this License.
f. You agree not to use the Work for illegal, immoral or improper purposes, or on pages containing illegal, immoral or
improper material. The Work is subject to applicable export laws. You agree to comply with all such laws and regulations that
may apply to the Work after Your receipt of the Work.
6. Representations, Warranties and Disclaimer. THIS WORK IS PROVIDED "AS IS", "WHERE IS" AND "AS AVAILABLE",
WITHOUT ANY EXPRESS OR IMPLIED WARRANTIES OR CONDITIONS OR GUARANTEES. YOU, THE USER, ASSUME ALL RISK
IN ITS USE, INCLUDING COPYRIGHT INFRINGEMENT, PATENT INFRINGEMENT, SUITABILITY, ETC. AUTHOR EXPRESSLY
DISCLAIMS ALL EXPRESS, IMPLIED OR STATUTORY WARRANTIES OR CONDITIONS, INCLUDING WITHOUT LIMITATION,
WARRANTIES OR CONDITIONS OF MERCHANTABILITY, MERCHANTABLE QUALITY OR FITNESS FOR A PARTICULAR
PURPOSE, OR ANY WARRANTY OF TITLE OR NON-INFRINGEMENT, OR THAT THE WORK (OR ANY PORTION THEREOF) IS
CORRECT, USEFUL, BUG-FREE OR FREE OF VIRUSES. YOU MUST PASS THIS DISCLAIMER ON WHENEVER YOU DISTRIBUTE
THE WORK OR DERIVATIVE WORKS.
7. Indemnity. You agree to defend, indemnify and hold harmless the Author and the Publisher from and against any claims,
suits, losses, damages, liabilities, costs, and expenses (including reasonable legal or attorneys’ fees) resulting from or relating
to any use of the Work by You.
8. Limitation on Liability. EXCEPT TO THE EXTENT REQUIRED BY APPLICABLE LAW, IN NO EVENT WILL THE AUTHOR OR
THE PUBLISHER BE LIABLE TO YOU ON ANY LEGAL THEORY FOR ANY SPECIAL, INCIDENTAL, CONSEQUENTIAL, PUNITIVE
OR EXEMPLARY DAMAGES ARISING OUT OF THIS LICENSE OR THE USE OF THE WORK OR OTHERWISE, EVEN IF THE
AUTHOR OR THE PUBLISHER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
9. Termination.
a. This License and the rights granted hereunder will terminate automatically upon any breach by You of any term of this
License. Individuals or entities who have received Derivative Works from You under this License, however, will not have their
licenses terminated provided such individuals or entities remain in full compliance with those licenses. Sections 1, 2, 6, 7, 8, 9,
10 and 11 will survive any termination of this License.
b. If You bring a copyright, trademark, patent or any other infringement claim against any contributor over infringements
You claim are made by the Work, your License from such contributor to the Work ends automatically.
c. Subject to the above terms and conditions, this License is perpetual (for the duration of the applicable copyright in the
Work). Notwithstanding the above, the Author reserves the right to release the Work under different license terms or to stop
distributing the Work at any time; provided, however that any such election will not serve to withdraw this License (or any
other license that has been, or is required to be, granted under the terms of this License), and this License will continue in full
force and effect unless terminated as stated above.
10. Publisher. The parties hereby confirm that the Publisher shall not, under any circumstances, be responsible for and shall
not have any liability in respect of the subject matter of this License. The Publisher makes no warranty whatsoever in
connection with the Work and shall not be liable to You or any party on any legal theory for any damages whatsoever,
including without limitation any general, special, incidental or consequential damages arising in connection to this license.
The Publisher reserves the right to cease making the Work available to You at any time without notice
11. Miscellaneous
a. This License shall be governed by the laws of the location of the head office of the Author or if the Author is an individual,
the laws of location of the principal place of residence of the Author.
b. If any provision of this License is invalid or unenforceable under applicable law, it shall not affect the validity or
enforceability of the remainder of the terms of this License, and without further action by the parties to this License, such
provision shall be reformed to the minimum extent necessary to make such provision valid and enforceable.
c. No term or provision of this License shall be deemed waived and no breach consented to unless such waiver or consent
shall be in writing and signed by the party to be charged with such waiver or consent.
d. This License constitutes the entire agreement between the parties with respect to the Work licensed herein. There are no
understandings, agreements or representations with respect to the Work not specified herein. The Author shall not be bound
by any additional provisions that may appear in any communication from You. This License may not be modified without the
mutual written agreement of the Author and You.