Barracuda Networks Warranty and Software License Agreement
Barracuda Networks Limited Hardware Warranty
1. Barracuda Networks, Inc., or the Barracuda Networks,
Inc. subsidiary or authorized Distributor selling the Barracuda Networks
product, if sale is not directly by Barracuda Networks, Inc., ("Barracuda
Networks" or “Barracuda”) warrants that commencing from the date of
delivery to Customer (but in case of resale by a Barracuda Networks reseller,
commencing not more than sixty (60) days after original shipment by Barracuda
Networks, Inc.), and continuing for a period of one (1) year: (a) its products
(excluding any software) will be free from material defects in materials and
workmanship under normal use; and (b) the software provided in connection with
its products, including any software contained or embedded in such products
will substantially conform to Barracuda Networks published specifications in
effect as of the date of manufacture. Except for the foregoing, the software is
provided as is. In no event does Barracuda Networks warrant that the software
is error free or that Customer will be able to operate the 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 software or any equipment, system or network on which the
software is used will be free of vulnerability to intrusion or attack. The
limited warranty extends only to you the original buyer of the Barracuda
Networks product and is non-transferable.
2. Exclusive Remedy.
Your sole and exclusive remedy and the entire liability of Barracuda
Networks under this limited warranty shall be, at Barracuda Networks or its
service centers option and expense, the repair, replacement or refund of the
purchase price of any products sold which do not comply with this warranty.
Hardware replaced under the terms of this limited warranty may be refurbished
or new equipment substituted at Barracuda Networks’ option. Barracuda Networks
obligations hereunder are conditioned upon the return of affected articles in
accordance with Barracuda Networks then-current Return Material Authorization
("RMA") procedures. All parts will be new or refurbished, at
Barracuda Networks’ discretion, and shall be furnished on an exchange basis.
All parts removed for replacement will become the property of Barracuda
Networks. In connection with warranty services hereunder, Barracuda Networks
may at its discretion modify the hardware of the product at no cost to you to
improve its reliability or performance. The warranty period is not extended if
Barracuda Networks repairs or replaces a warranted product or any parts.
Barracuda Networks may change the availability of limited warranties, at its
discretion, but any changes will not be retroactive. IN NO EVENT SHALL
BARRACUDA NETWORKS LIABILITY EXCEED THE PRICE PAID FOR THE PRODUCT FROM DIRECT,
INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES RESULTING FROM THE USE
OF THE PRODUCT, ITS ACCOMPANYING SOFTWARE, OR ITS DOCUMENTATION.
3. Exclusions and Restrictions. This limited warranty does not apply to Barracuda
Networks products that are or have been (a) marked or identified as
"sample" or "beta," (b) loaned or provided to you at no
cost, (c) sold "as is," (d) repaired, altered or modified except by
Barracuda Networks, (e) not installed, operated or maintained in accordance
with instructions supplied by Barracuda Networks, or (f) subjected to abnormal
physical or electrical stress, misuse, negligence or to an accident.
EXCEPT FOR THE ABOVE WARRANTY, BARRACUDA NETWORKS MAKES NO
OTHER WARRANTY, EXPRESS, IMPLIED OR STATUTORY, WITH RESPECT TO BARRACUDA
NETWORKS PRODUCTS, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTY OF TITLE,
AVAILABILITY, RELIABILITY, USEFULNESS, MERCHANTABILITY, FITNESS FOR A
PARTICULAR PURPOSE, NONINFRINGEMENT, OR ARISING FROM COURSE OF PERFORMANCE,
DEALING, USAGE OR TRADE. EXCEPT FOR THE ABOVE WARRANTY, BARRACUDA NETWORKS'
PRODUCTS AND THE SOFTWARE ARE PROVIDED "AS-IS" AND BARRACUDA NETWORKS
DOES NOT WARRANT THAT ITS PRODUCTS WILL MEET YOUR REQUIREMENTS OR BE
UNINTERRUPTED, TIMELY, AVAILABLE, SECURE OR ERROR FREE, OR THAT ANY ERRORS IN
ITS PRODUCTS OR THE SOFTWARE WILL BE CORRECTED. FURTHERMORE, BARRACUDA NETWORKS
DOES NOT WARRANT THAT BARRACUDA NETWORKS PRODUCTS, THE SOFTWARE OR ANY
EQUIPMENT, SYSTEM OR NETWORK ON WHICH BARRACUDA NETWORKS PRODUCTS WILL BE USED
WILL BE FREE OF VULNERABILITY TO INTRUSION OR ATTACK.
Barracuda Networks Software License Agreement
PLEASE READ THIS SOFTWARE LICENSE AGREEMENT
("AGREEMENT") CAREFULLY BEFORE USING THE BARRACUDA NETWORKS SOFTWARE. BY USING THE BARRACUDA SOFTWARE YOU ARE
AGREEING TO BE BOUND BY THE TERMS OF THIS LICENSE. IF YOU ARE A CORPORATION,
PARTNERSHIP OR SIMILAR ENTITY, THEN THE SOFTWARE LICENSE GRANTED UNDER THIS
AGREEMENT IS EXPRESSLY CONDITIONED UPON ACCEPTANCE BY A PERSON WHO IS AUTHORIZED
TO SIGN FOR AND BIND THE ENTITY. IF YOU ARE NOT AUTHORIZED TO SIGN FOR AND BIND
THE ENTITY OR DO NOT AGREE WITH ALL THE TERMS OF THIS AGREEMENT, DO NOT USE THE
SOFTWARE. IF YOU DO NOT AGREE TO THE
TERMS OF THIS LICENSE YOU MAY RETURN THE SOFTWARE OR HARDWARE CONTAINING THE
SOFTWARE FOR A FULL REFUND TO YOUR PLACE OF PURCHASE.
1. The software and documentation, whether on disk, in
flash memory, in read only memory, or on any other media or in any other form
(collectively "Barracuda Software") is licensed, not sold, to you by
Barracuda Networks, Inc. ("Barracuda") for use only under the terms
of this Agreement, and Barracuda reserves all rights not expressly granted to
you. The rights granted are limited to
Barracuda's intellectual property rights in the Barracuda Software and do not
include any other patent or intellectual property rights. You own the media on which the Software is
recorded but Barracuda retains ownership of the Software itself. If you have not completed a purchase of the
Software and made payment for the purchase, the Software may only be used for
evaluation purposes and may not be used in any production capacity. Furthermore the Software, when used for
evaluation, may not be secure and may use publicly available passwords.
2. Permitted License Uses and Restrictions. If you have purchased a Barracuda Networks
hardware product, this Agreement allows you to use the Software only on the
single Barracuda labeled hardware device on which the software was
delivered. You may not make copies of
the Software. You may not make a backup copy of the Software. If you
have purchased a Barracuda Networks Virtual Machine you may use the software
only in the licensed number of instances of the licensed sizes and you may not
exceed the licensed capacities. You may make a reasonable number of backup
copies of the Software. If you have
purchased client software you may install the software only on the number of
licensed clients. You may make a reasonable number of backup copies of the
Software. For all purchases you may not
modify or create derivative works of the Software except as provided by the
Open Source Licenses included below. You
may not make the Software available over a network where it could be utilized
by multiple devices or copied. Unless otherwise expressly provided in the
documentation, your use of the 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 you may have paid
Barracuda Networks the required license fee; and your use of the Software shall
also be limited, as applicable and set forth in your 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 install Software), (b)
concurrent users, sessions, ports, and/or issued and outstanding IP addresses,
and/or (c) central processing unit cycles or instructions per second. Your use
of the Software shall also be limited by any other restrictions set forth in your
purchase order or in Barracuda Networks' product catalog, user documentation or
Web site for the Software. The BARRACUDA SOFTWARE IS NOT INTENDED FOR USE IN
THE OPERATION OF NUCLEAR FACILITIES, AIRCRAFT NAVIGATION OR COMMUNICATION
SYSTEMS, LIFE SUPPORT MACHINES, OR OTHER EQUIPMENT IN WHICH FAILURE COULD LEAD
TO DEATH, PERSONAL INJURY, OR ENVIRONMENTAL DAMAGE. YOU EXPRESSLY AGREE NOT TO USE IT IN ANY OF
THESE OPERATIONS.
3. You may not transfer, rent, lease, lend, or sublicense
the Software or allow a third party to do so.
YOU MAY NOT OTHERWISE TRANSFER THE SOFTWARE OR ANY OF YOUR RIGHTS AND
OBLIGATIONS UNDER THIS AGREEMENT. You
agree that you will have no right and will not, nor will it assist others
to: (i) make unauthorized copies of all
or any portion of the Software; (ii) sell, sublicense, distribute, rent or
lease the Software; (iii) use the Software on a service bureau, time sharing
basis or other remote access system whereby third parties other than you can
use or benefit from the use of the Software; (iv) disassemble, reverse
engineer, modify, translate, alter, decompile or otherwise attempt to discern
the source code of all or any portion of the Software; (v) utilize or run the Software
on more computers than you have purchased license to; (vi) operate the Software
in a fashion that exceeds the capacity or capabilities that were purchased by
you.
4. THIS AGREEMENT SHALL BE EFFECTIVE UPON INSTALLATION OF
THE SOFTWARE OR PRODUCT AND SHALL TERMINATE UPON THE EARLIER OF: (A) YOUR
FAILURE TO COMPLY WITH ANY TERM OF THIS AGREEMENT OR (B) RETURN, DESTRUCTION OR
DELETION OF ALL COPIES OF THE SOFTWARE IN YOUR POSSESSION. Rights of Barracuda
Networks and your obligations shall survive any termination of this Agreement.
Upon termination of this Agreement by Barracuda Networks, You shall certify in
writing to Barracuda Networks that all copies of the Software have been
destroyed or deleted from any of your computer libraries, storage devices, or
any other location.
5. YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT THE USE OF THE
BARRACUDA SOFTWARE IS AT YOUR OWN RISK AND THAT THE ENTIRE RISK AS TO SATISFACTION,
QUALITY, PERFORMANCE, AND ACCURACY IS WITH YOU.
THE BARRACUDA SOFTWARE IS PROVIDED "AS IS" WITH ALL FAULTS AND
WITHOUT WARRANTY OF ANY KIND, AND BARRACUDA HEREBY DISCLAIMS ALL WARRANTIES AND
CONDITIONS WITH RESPECT TO THE BARRACUDA SOFTWARE, EITHER EXPRESSED OR IMPLIED
OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND/OR
CONDITIONS OF MERCHANTABILITY, OF SATISFACTORY
QUALITY, OF FITNESS FOR ANY APPLICATION, OF ACCURACY, AND OF NON-INFRINGEMENT
OF THIRD PARTY RIGHTS. BARRACUDA DOES
NOT WARRANT THE CONTINUED OPERATION OF THE SOFTWARE, THAT THE PERFORMANCE WILL
MEET YOUR EXPECTATIONS, THAT THE FUNCTIONS WILL MEET YOUR REQUIREMENTS, THAT
THE OPERATION WILL BE ERROR FREE OR CONTINUOUS, THAT CURRENT OR FUTURE VERSIONS
OF ANY OPERATING SYSTEM WILL BE SUPPORTED, OR THAT DEFECTS WILL BE CORRECTED. NO ORAL OR WRITTEN INFORMATION GIVEN BY
BARRACUDA OR AUTHORIZED BARRACUDA REPRESENTATIVE SHALL CREATE A WARRANTY. SHOULD THE BARRACUDA SOFTWARE PROVE
DEFECTIVE, YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR, OR
CORRECTION. FURTHERMORE BARRACUDA
NETWORKS SHALL ASSUME NO WARRANTY FOR ERRORS/BUGS, FAILURES OR DAMAGE WHICH
WERE CAUSED BY IMPROPER OPERATION, USE OF UNSUITABLE RESOURCES, ABNORMAL
OPERATING CONDITIONS (IN PARTICULAR DEVIATIONS FROM THE INSTALLATION
CONDITIONS) AS WELL AS BY TRANSPORTATION DAMAGE. In addition, due to the continual development of new techniques
for 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.
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.
11. Export Restrictions. You may not export or re-export the Software without:
(a) the prior written consent of Barracuda Networks, (b) complying with
applicable export control laws, including, but not limited to, restrictions and
regulations of the Department of Commerce or other United States agency or
authority and the applicable EU directives, and (c) obtaining any necessary
permits and licenses. In any event, you may not transfer or authorize the
transfer of the Software to a prohibited territory or country or otherwise in
violation of any applicable restrictions or regulations. If you are a United States Government agency
the Software and documentation qualify as "commercial items", as that
term is defined at Federal Acquisition Regulation ("FAR") (48 C.F.R.)
2.101, consisting of "commercial computer software" and
"commercial computer software documentation" as such terms are used
in FAR 12.212. Consistent with FAR 12.212 and DoD FAR Supp. 227.7202-1 through
227.7202-4, and notwithstanding any other FAR or other contractual clause to
the contrary in any agreement into which this Agreement may be incorporated, Government
end user will acquire the Software and documentation with only those rights set
forth in this Agreement. Use of either the Software or documentation or both
constitutes agreement by the Government that the Software and documentation are
"commercial computer software" and "commercial computer software
documentation", and constitutes acceptance of the rights and restrictions
herein.
12. General. THIS
AGREEMENT IS GOVERNED BY THE LAWS OF THE STATE OF CALIFORNIA, USA WITH
JURISDICTION OF SANTA CLARA COUNTY, CALIFORNIA, UNLESS YOUR HEADQUARTERS IS
LOCATED IN SWITZERLAND, THE EU, OR JAPAN.
IF YOUR HEADQUARTERS IS LOCATED IN SWITZERLAND THE SWISS MATERIAL LAW
SHALL BE USED AND THE JURISDICTION SHALL BE ZURICH. IF YOUR HEADQUARTERS IS LOCATED IN THE EU,
AUSTRIAN LAW SHALL BE USED AND JURISDICTION SHALL BE INNSBRUCK. IF YOUR HEADQUARTERS IS LOCATED IN JAPAN,
JAPANESE LAW SHALL BE USED AND JURISDICTION SHALL BE TOKYO. THIS AGREEMENT WILL
NOT BE SUBJECT TO ANY CONFLICT-OF-LAWS PRINCIPLES IN ANY JURISDICTION. THIS AGREEMENT WILL NOT BE GOVERNED BY THE
U.N. CONVENTION ON CONTRACTS FOR THE INTERNATIONAL SALES OF GOODS. This
Agreement is the entire agreement between You and Barracuda Networks regarding
the subject matter herein and supersedes any other communications with respect
to the Software. If any provision of this Agreement is held invalid or
unenforceable, the remainder of this Agreement will continue in full force and
effect. Failure to prosecute a party's rights with respect to a default
hereunder will not constitute a waiver of the right to enforce rights with
respect to the same or any other breach.
13. Assignability. You may not assign any rights or obligations
hereunder without prior written consent from Barracuda Networks.
14. Billing Issues.
You must notify Barracuda of any billing problems or discrepancies
within sixty (60) days after they first appear on the statement you receive
from your bank, Credit Card Company, other billing company or Barracuda
Networks. If you do not bring such
problems or discrepancies to Barracuda Networks attention within the sixty (60)
day period, you agree that you waive the right to dispute such problems or
discrepancies.
15. Collection of Data. You agree to allow Barracuda Networks to
collect information ("Statistics") from the Software in order to
fight spam, virus, and other threats as well as optimize and monitor the Software.
Information will be collected electronically and automatically. Statistics
include, but are not limited to, the number of messages processed, the number
of messages that are categorized as spam, the number of virus and types, IP
addresses of the largest spam senders, the number of emails classified for
Bayesian analysis, capacity and usage, websites not categorized, fingerprints
of emails, and other statistics. Your data will be kept private and will only
be reported in aggregate by Barracuda Networks.
16. Subscriptions.
Software updates and subscription information provided by Barracuda
Energize Updates or other services may be necessary for the continued operation
of the Software. You acknowledge that
such a subscription may be necessary. Furthermore
some functionality may only be available with additional subscription
purchases. Obtaining Software updates
on systems where no valid subscription has been purchased or obtaining
functionality where subscription has not been purchased is strictly forbidden
and in violation of this Agreement. All
initial subscriptions commence at the time of activation and all renewals
commence at the expiration of the previous valid subscription. Unless otherwise
expressly provided in the documentation, you shall use the Energize Updates Service
and other subscriptions 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 you. All subscriptions are
non-transferrable. Barracuda Networks
makes no warranty that subscriptions will continue un-interrupted. Subscription may be terminated without notice
by Barracuda Networks for lack of full payment.
17. Auto Renewals.
If your Software purchase is a time-based license, includes software
maintenance, or includes a subscription, you hereby agree to automatically
renew this purchase when it expires unless you notify Barracuda 15 days before
the renewal date. Barracuda Networks
will automatically bill you or charge you unless notified 15 days before the
renewal date.
18. Time-Based License.
If your Software purchase is a time-based license you expressly
acknowledge that the Software will stop functioning at the time the license
expires. You expressly indemnify and
hold harmless Barracuda Networks for any and all damages that may occur because
of this.
19. Support.
Telephone, email and other forms of support will be provided to you if
you have purchased a product that includes support. The hours of support vary based on country
and the type of support purchased.
Barracuda Energize Updates typically include Basic Support.
20. Changes. Barracuda Networks reserves the right at any
time not to release or to discontinue release of any Software or Subscription
and to alter prices, features, specifications, capabilities, functions,
licensing terms, release dates, general availability or other characteristics
of any future releases of the Software or Subscriptions.
21. Open Source Licensing. Barracuda Networks products may include
programs that are covered by the GNU General Public License (GPL) or other Open
Source license agreements, in particular the Linux operating system. It is
expressly put on record that the Software does not constitute an edited version
or further development of the operating system. 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.
Further details may be provided in an
appendix to this agreement where the licenses are re-printed. Barracuda Networks makes available the source
code used to build Barracuda products available at source.barracuda.com. This
directory includes all the open source programs that are distributed on the
Barracuda products. Obviously not all of these programs are utilized, but since
they are distributed on the Barracuda product we are required to make the
source code available.
Barracuda Networks Software License Agreement Appendix
The following license agreements may apply to the software
provided by Barracuda Networks.
The GNU General Public License (GPL) Version 2, June 1991
Copyright (C) 1989, 1991 Free Software Foundation, Inc.
59 Temple Place, Suite 330, Boston, MA 02111-1307 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
License is intended to guarantee your freedom to share and change free
software--to make sure the software is free for all its users. This General
Public License applies to most of the Free Software Foundation's software and to
any other program whose authors commit to using it. (Some other Free Software
Foundation software is covered by the GNU Library General Public License
instead.) You can apply it to your programs, too.
When we speak of free software, we are referring to freedom,
not price. Our General Public Licenses are designed to make sure that you have
the freedom to distribute copies of free software (and charge for this service
if you wish), that you receive source code or can get it if you want it, that
you can change the software or use pieces of it in new free programs; and that
you know you can do these things.
To protect your rights, we need to make restrictions that
forbid anyone to deny you these rights or to ask you to surrender the rights.
These restrictions translate to certain responsibilities for you if you
distribute copies of the software, or if you modify it.
For example, if you distribute copies of such a program,
whether gratis or for a fee, you must give the recipients all the rights that
you have. You must make sure that they, too, receive or can get the source
code. And you must show them these terms so they know their rights.
We protect your rights with two steps: (1) copyright the
software, and (2) offer you this license which gives you legal permission to
copy, distribute and/or modify the software.
Also, for each author's protection and ours, we want to
make certain that everyone understands that there is no warranty for this free
software. If the software is modified by someone else and passed on, we want
its recipients to know that what they have is not the original, so that any
problems introduced by others will not reflect on the original authors'
reputations.
Finally, any free program is threatened constantly by
software patents. We wish to avoid the danger that redistributors of a free
program will individually obtain patent licenses, in effect making the program
proprietary. To prevent this, we have made it clear that any patent must be
licensed for everyone's free use or not licensed at all.
The precise terms and conditions for copying, distribution
and modification follow.
TERMS AND CONDITIONS FOR COPYING, DISTRIBUTION AND
MODIFICATION
0. This License applies to any program or other work which
contains a notice placed by the copyright holder saying it may be distributed
under the terms of this General Public License. The "Program", below,
refers to any such program or work, and a "work based on the Program"
means either the Program or any derivative work under copyright law: that is to
say, a work containing the Program or a portion of it, either verbatim or with
modifications and/or translated into another language. (Hereinafter,
translation is included without limitation in the term
"modification".) Each licensee is addressed as "you".
Activities other than copying, distribution and modification
are not covered by this License; they are outside its scope. The act of running
the Program is not restricted, and the output from the Program is covered only
if its contents constitute a work based on the Program (independent of having
been made by running the Program). Whether that is true depends on what the
Program does.
1. You may copy and distribute verbatim copies of the
Program's source code as you receive it, in any medium, provided that you
conspicuously and appropriately publish on each copy an appropriate copyright
notice and disclaimer of warranty; keep intact all the notices that refer to
this License and to the absence of any warranty; and give any other recipients
of the Program a copy of this License along with the Program.
You may charge a fee for the physical act of transferring
a copy, and you may at your option offer warranty protection in exchange for a
fee.
2. You may modify your copy or copies of the Program or
any portion of it, thus forming a work based on the Program, and copy and
distribute such modifications or work under the terms of Section 1 above,
provided that you also meet all of these conditions:
a) You must cause the modified files to carry prominent
notices stating that you changed the files and the date of any change.
b) You must cause any work that you distribute or publish,
that in whole or in part contains or is derived from the Program or any part
thereof, to be licensed as a whole at no charge to all third parties under the
terms of this License.
c) If the modified program normally reads commands
interactively when run, you must cause it, when started running for such
interactive use in the most ordinary way, to print or display an announcement
including an appropriate copyright notice and a notice that there is no
warranty (or else, saying that you provide a warranty) and that users may
redistribute the program under these conditions, and telling the user how to
view a copy of this License. (Exception: if the Program itself is interactive
but does not normally print such an announcement, your work based on the
Program is not required to print an announcement.)
These requirements apply to the modified work as a whole.
If identifiable sections of that work are not derived from the Program, and can
be reasonably considered independent and separate works in themselves, then
this License, and its terms, do not apply to those sections when you distribute
them as separate works. But when you distribute the same sections as part of a
whole which is a work based on the Program, the distribution of the whole must
be on the terms of this License, whose permissions for other licensees extend
to the entire whole, and thus to each and every part regardless of who wrote
it.
Thus, it is not the intent of this section to claim rights
or contest your rights to work written entirely by you; rather, the intent is
to exercise the right to control the distribution of derivative or collective
works based on the Program.
In addition, mere aggregation of another work not based on
the Program with the Program (or with a work based on the Program) on a volume
of a storage or distribution medium does not bring the other work under the
scope of this License.
3. You may copy and distribute the Program (or a work
based on it, under Section 2) in object code or executable form under the terms
of Sections 1 and 2 above provided that you also do one of the following:
a) Accompany it with the complete corresponding
machine-readable source code, which must be distributed under the terms of
Sections 1 and 2 above on a medium customarily used for software interchange;
or,
b) Accompany it with a written offer, valid for at least
three years, to give any third party, for a charge no more than your cost of
physically performing source distribution, a complete machine-readable copy of
the corresponding source code, to be distributed under the terms of Sections 1
and 2 above on a medium customarily used for software interchange; or,
c) Accompany it with the information you received as to
the offer to distribute corresponding source code. (This alternative is allowed
only for noncommercial distribution and only if you received the program in
object code or executable form with such an offer, in accord with Subsection b
above.)
The source code for a work means the preferred form of the
work for making modifications to it. For an executable work, complete source
code means all the source code for all modules it contains, plus any associated
interface definition files, plus the scripts used to control compilation and
installation of the executable. However, as a special exception, the source
code distributed need not include anything that is normally distributed (in
either source or binary form) with the major components (compiler, kernel, and
so on) of the operating system on which the executable runs, unless that
component itself accompanies the executable.
If distribution of executable or object code is made by
offering access to copy from a designated place, then offering equivalent
access to copy the source code from the same place counts as distribution of
the source code, even though third parties are not compelled to copy the source
along with the object code.
4. You may not copy, modify, sublicense, or distribute the
Program except as expressly provided under this License. Any attempt otherwise
to copy, modify, sublicense or distribute the Program is void, and will
automatically terminate your rights under this License. However, parties who
have received copies, or rights, from you under this License will not have
their licenses terminated so long as such parties remain in full compliance.
5. You are not required to accept this License, since you
have not signed it. However, nothing else grants you permission to modify or
distribute the Program or its derivative works. These actions are prohibited by
law if you do not accept this License. Therefore, by modifying or distributing
the Program (or any work based on the Program), you indicate your acceptance of
this License to do so, and all its terms and conditions for copying,
distributing or modifying the Program or works based on it.
6. Each time you redistribute the Program (or any work
based on the Program), the recipient automatically receives a license from the
original licensor to copy, distribute or modify the Program subject to these
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7. If, as a consequence of a court judgment or allegation
of patent infringement or for any other reason (not limited to patent issues),
conditions are imposed on you (whether by court order, agreement or otherwise)
that contradict the conditions of this License, they do not excuse you from the
conditions of this License. If you cannot distribute so as to satisfy
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obligations, then as a consequence you may not distribute the Program at all.
For example, if a patent license would not permit royalty-free redistribution
of the Program by all those who receive copies directly or indirectly through
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If any portion of this section is held invalid or
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It is not the purpose of this section to induce you to
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This section is intended to make thoroughly clear what is
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restricted in certain countries either by patents or by copyrighted interfaces,
the original copyright holder who places the Program under this License may add
an explicit geographical distribution limitation excluding those countries, so
that distribution is permitted only in or among countries not thus excluded. In
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9. The Free Software Foundation may publish revised and/or
new versions of the General Public License from time to time. Such new versions
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address new problems or concerns.
Each version is given a distinguishing version number. If
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NO WARRANTY
11. BECAUSE THE PROGRAM IS LICENSED FREE OF CHARGE, THERE
IS NO WARRANTY FOR THE PROGRAM, TO THE EXTENT PERMITTED BY APPLICABLE LAW.
EXCEPT WHEN OTHERWISE STATED IN WRITING THE COPYRIGHT HOLDERS AND/OR OTHER
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AGREED TO IN WRITING WILL ANY COPYRIGHT HOLDER, OR ANY OTHER PARTY WHO MAY
MODIFY AND/OR REDISTRIBUTE THE PROGRAM AS PERMITTED ABOVE, BE LIABLE TO YOU FOR
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END OF GNU TERMS AND CONDITIONS
Barracuda Networks products may include
programs that are covered by the GNU General Public License. The GNU General
Public License is re-printed below for you reference.
Copyright © 2007 Free Software
Foundation, Inc. <http://fsf.org/>
Everyone is permitted to copy and
distribute verbatim copies of this license document, but changing it is not
allowed.
Preamble
The GNU General Public License is a
free, copyleft license for software and other kinds of works.
The licenses for most software and
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sure it remains free software for all its users. We, the Free Software
Foundation, use the GNU General Public License for most of our software; it
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For example, if you distribute copies
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Developers that use the GNU GPL protect
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Some devices are designed to deny users
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TERMS AND CONDITIONS
0. Definitions.
“This License” refers to version 3 of the GNU
General Public License.
“Copyright” also means copyright-like
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“The Program” refers to any
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To “propagate” a work means to do
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1. Source Code.
The “source code” for a work means the
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The Corresponding Source need not
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the Corresponding Source.
The Corresponding Source for a work in
source code form is that same work.
2. Basic Permissions.
All rights granted under this License
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You may make, run and propagate covered
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Those thus making or running the covered works for you must do so exclusively
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Conveying under any other circumstances
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When you convey a covered work, you
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You may charge any price or no price
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This License will therefore apply, along with any applicable section 7
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work need not make them do so.
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the individual works permit. Inclusion of a covered work in an aggregate does
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6. Conveying Non-Source Forms.
You may convey a covered work in object
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the machine-readable Corresponding Source under the terms of this License, in
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embodied in, a physical product (including a physical distribution medium),
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* b) Convey the object code in, or
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If you convey an object code work under
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The requirement to provide Installation
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7. Additional Terms.
“Additional permissions” are terms that
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its conditions. Additional permissions that are applicable to the entire
Program shall be treated as though they were included in this License, to the
extent that they are valid under applicable law. If additional permissions
apply only to part of the Program, that part may be used separately under those
permissions, but the entire Program remains governed by this License without
regard to the additional permissions.
When you convey a copy of a covered
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or from any part of it. (Additional permissions may be written to require their
own removal in certain cases when you modify the work.) You may place
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you have or can give appropriate copyright permission.
Notwithstanding any other provision of
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the copyright holders of that material) supplement the terms of this License
with terms:
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terms of sections 15 and 16 of this License; or
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in the Appropriate Legal Notices displayed by works containing it; or
* c) Prohibiting misrepresentation of
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All other non-permissive additional
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If the Program as you received it, or any part of it, contains a notice stating
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Additional terms, permissive or
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8. Termination.
You may not propagate or modify a
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your rights under this License (including any patent licenses granted under the
third paragraph of section 11).
However, if you cease all violation of
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and finally terminates your license, and (b) permanently, if the copyright
holder fails to notify you of the violation by some reasonable means prior to
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Moreover, your license from a
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notifies you of the violation by some reasonable means, this is the first time
you have received notice of violation of this License (for any work) from that
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Termination of your rights under this
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9. Acceptance Not Required for Having
Copies.
You are not required to accept this
License in order to receive or run a copy of the Program. Ancillary propagation
of a covered work occurring solely as a consequence of using peer-to-peer
transmission to receive a copy likewise does not require acceptance. However,
nothing other than this License grants you permission to propagate or modify
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License. Therefore, by modifying or propagating a covered work, you indicate
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10. Automatic Licensing of Downstream
Recipients.
Each time you convey a covered work,
the recipient automatically receives a license from the original licensors, to
run, modify and propagate that work, subject to this License. You are not
responsible for enforcing compliance by third parties with this License.
An “entity transaction” is a
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assets of one, or subdividing an organization, or merging organizations. If
propagation of a covered work results from an entity transaction, each party to
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licenses to the work the party's predecessor in interest had or could give
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or can get it with reasonable efforts.
You may not impose any further restrictions
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example, you may not impose a license fee, royalty, or other charge for
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litigation (including a cross-claim or counterclaim in a lawsuit) alleging that
any patent claim is infringed by making, using, selling, offering for sale, or
importing the Program or any portion of it.
11. Patents.
A “contributor” is a copyright holder
who authorizes use under this License of the Program or a work on which the
Program is based. The work thus licensed is called the contributor's
“contributor version”.
A contributor's “essential patent
claims” are all patent claims owned or controlled by the contributor, whether
already acquired or hereafter acquired, that would be infringed by some manner,
permitted by this License, of making, using, or selling its contributor
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consequence of further modification of the contributor version. For purposes of
this definition, “control” includes the right to grant patent sublicenses in a
manner consistent with the requirements of this License.
Each contributor grants you a
non-exclusive, worldwide, royalty-free patent license under the contributor's
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In the following three paragraphs, a
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not to enforce a patent (such as an express permission to practice a patent or
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If you convey a covered work, knowingly
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accessible means, then you must either (1) cause the Corresponding Source to be
so available, or (2) arrange to deprive yourself of the benefit of the patent
license for this particular work, or (3) arrange, in a manner consistent with
the requirements of this License, to extend the patent license to downstream
recipients. “Knowingly relying” means you have actual knowledge that, but for
the patent license, your conveying the covered work in a country, or your recipient's
use of the covered work in a country, would infringe one or more identifiable
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If, pursuant to or in connection with a
single transaction or arrangement, you convey, or propagate by procuring
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parties receiving the covered work authorizing them to use, propagate, modify
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grant is automatically extended to all recipients of the covered work and works
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A patent license is “discriminatory” if
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of, or is conditioned on the non-exercise of one or more of the rights that are
specifically granted under this License. You may not convey a covered work if
you are a party to an arrangement with a third party that is in the business of
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the extent of your activity of conveying the work, and under which the third
party grants, to any of the parties who would receive the covered work from
you, a discriminatory patent license (a) in connection with copies of the
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patent license was granted, prior to 28 March 2007.
Nothing in this License shall be
construed as excluding or limiting any implied license or other defenses to
infringement that may otherwise be available to you under applicable patent
law.
12. No Surrender of Others' Freedom.
If conditions are imposed on you
(whether by court order, agreement or otherwise) that contradict the conditions
of this License, they do not excuse you from the conditions of this License. If
you cannot convey a covered work so as to satisfy simultaneously your
obligations under this License and any other pertinent obligations, then as a
consequence you may not convey it at all. For example, if you agree to terms
that obligate you to collect a royalty for further conveying from those to whom
you convey the Program, the only way you could satisfy both those terms and
this License would be to refrain entirely from conveying the Program.
13. Use with the GNU Affero General
Public License.
Notwithstanding any other provision of
this License, you have permission to link or combine any covered work with a
work licensed under version 3 of the GNU Affero General Public License into a
single combined work, and to convey the resulting work. The terms of this
License will continue to apply to the part which is the covered work, but the
special requirements of the GNU Affero General Public License, section 13,
concerning interaction through a network will apply to the combination as such.
14. Revised Versions of this License.
The Free Software Foundation may
publish revised and/or new versions of the GNU General Public License from time
to time. Such new versions will be similar in spirit to the present version,
but may differ in detail to address new problems or concerns.
Each version is given a distinguishing
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of any later version published by the Free Software Foundation. If the Program
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If the Program specifies that a proxy
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you to choose that version for the Program.
Later license versions may give you
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follow a later version.
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Barracuda Networks Software may include
programs that are covered by the Mozilla Public License Version 1.1
1. Definitions.
1.0.1
"Commercial Use" means distribution or otherwise making the
Covered Code available to a third party.
1.1
"Contributor" means each entity that creates or contributes to
the creation of Modifications.
1.2
"Contributor Version" means the combination of the Original
Code, prior Modifications used by a Contributor, and the Modifications made by
that particular Contributor.
1.3
"Covered Code" means the Original Code or Modifications or the
combination of the Original Code and Modifications, in each case including
portions thereof.
1.4
"Electronic Distribution Mechanism" means a mechanism
generally accepted in the software development community for the electronic
transfer of data.
1.5
"Executable" means Covered Code in any form other than Source
Code.
1.6
"Initial Developer'' means the individual or entity identified as
the Initial Developer in the Source Code notice required by Exhibit A.
1.7
"Larger Work'' means a work which combines Covered Code or portions
thereof with code not governed by the terms of this License.
1.8
"License'' means this document.
1.9
"Modifications'' means any addition to or deletion from the
substance or structure of either the Original Code or any previous
Modifications. When Covered Code is released as a series of files, a
Modification is:
•
A. Any addition to or deletion from the contents of a file
•
containing Original Code or previous Modifications.
•
B. Any new file that contains any part of the Original Code or
•
previous Modifications.
1.10.
"Original Code'' means Source Code of computer software code which
is described in the Source Code notice required by Exhibit A as Original Code,
and which, at the time of its release under this License is not already Covered
Code governed by this License.
•
"Patent Claims" means any patent claim(s), now owned or
hereafter acquired, including without limitation, method, process, and
apparatus claims, in any patent Licensable by grantor.
1.11.
"Source Code" means the preferred form of the Covered Code for
making modifications to it, including all modules it contains, plus any
associated interface definition files, scripts used to control compilation and
installation of an Executable, or source code differential comparisons against
either the Original Code or another well known, available Covered Code of the
Contributor's choice. The Source Code can be in a compressed or archival form,
provided the appropriate decompression or de-archiving software is widely
available for no charge.
1.12.
"You" (or "Your") means an individual or a legal
entity exercising rights under, and complying with all of the terms of, this
License or a future version of this License issued under Section 6.1. For legal
entities, "You" includes any entity which controls, is controlled by,
or is under common control with You. For purposes of this definition,
"control" means (a) the power, direct or indirect, to cause the
direction or management of such entity, whether by contract or otherwise, or
(b) ownership of more than fifty percent (50 %) of the outstanding shares or
beneficial ownership of such entity.
2. Source Code License.
2.1 The Initial Developer Grant.
The Initial Developer hereby grants You
a world-wide, royalty-free, non-exclusive license, subject to third party
intellectual property claims:
(a) under intellectual property rights
(other than patent or trademark) Licensable by Initial Developer to use,
reproduce, modify, display, perform, sublicense and distribute the Original
Code (or portions thereof) with or without Modifications, and/or as part of a
Larger Work; and
(b) under Patents Claims infringed by
the making, using or selling of Original Code, to make, have made, use,
practice, sell, and offer for sale, and/or otherwise dispose of the Original
Code (or portions thereof).
(c) the licenses granted in this
Section 2.1(a) and (b) are effective on the date Initial Developer first
distributes Original Code under the terms of this License.
(d) Notwithstanding Section 2.1(b)
above, no patent license is granted: 1) for code that You delete from the
Original Code; 2) separate from the Original Code; or 3) for infringements
caused by: i) the modification of the Original Code or ii) the combination of
the Original Code with other software or devices.
2.2
Contributor Grant.
Subject to third party intellectual
property claims, each Contributor hereby grants You a world-wide, royalty-free,
non-exclusive license:
(a) under intellectual property rights
(other than patent or trademark) Licensable by Contributor, to use, reproduce,
modify, display, perform, sublicense and distribute the Modifications created
by such Contributor (or portions thereof) either on an unmodified basis, with
other Modifications, as Covered Code and/or as part of a Larger Work; and
(b) under Patent Claims infringed by
the making, using, or selling of Modifications made by that Contributor either
alone and/or in combination with its Contributor Version (or portions of such
combination), to make, use, sell, offer for sale, have made, and/or otherwise
dispose of: 1) Modifications made by that Contributor (or portions thereof);
and 2) the combination of Modifications made by that Contributor with its
Contributor Version (or portions of such combination).
(c) the licenses granted in Sections
2.2(a) and 2.2(b) are effective on the date Contributor first makes Commercial
Use of the Covered Code.
(d) Notwithstanding Section 2.2(b)
above, no patent license is granted: 1) for any code that Contributor has
deleted from the Contributor Version; 2) separate from the Contributor Version;
3) for infringements caused by: i) third party modifications of Contributor
Version or ii) the combination of Modifications made by that Contributor with
other software (except as part of the Contributor Version) or other devices; or
4) under Patent Claims infringed by Covered Code in the absence of
Modifications made by that Contributor.
3. Distribution Obligations.
3.1
Application of License.
The Modifications which You create or
to which You contribute are governed by the terms of this License, including
without limitation Section 2.2. The Source Code version of Covered Code may be
distributed only under the terms of this License or a future version of this
License released under Section 6.1, and You must include a copy of this License
with every copy of the Source Code You distribute. You may not offer or impose
any terms on any Source Code version that alters or restricts the applicable
version of this License or the recipients' rights hereunder. However, You may
include an additional document offering the additional rights described in
Section 3.5.
3.2
Availability of Source Code.
Any Modification which You create or to
which You contribute must be made available in Source Code form under the terms
of this License either on the same media as an Executable version or via an
accepted Electronic Distribution Mechanism to anyone to whom you made an
Executable version available; and if made available via Electronic Distribution
Mechanism, must remain available for at least twelve (12) months after the date
it initially became available, or at least six (6) months after a subsequent
version of that particular Modification has been made available to such
recipients. You are responsible for ensuring that the Source Code version
remains available even if the Electronic Distribution Mechanism is maintained
by a third party.
3.3
Description of Modifications.
You must cause all Covered Code to
which You contribute to contain a file documenting the changes You made to
create that Covered Code and the date of any change. You must include a
prominent statement that the Modification is derived, directly or indirectly,
from Original Code provided by the Initial Developer and including the name of
the Initial Developer in (a) the Source Code, and (b) in any notice in an
Executable version or related documentation in which You describe the origin or
ownership of the Covered Code.
3.4
Intellectual Property Matters
(a) Third Party Claims.
If Contributor has knowledge that a
license under a third party's intellectual property rights is required to
exercise the rights granted by such Contributor under Sections 2.1 or 2.2,
Contributor must include a text file with the Source Code distribution titled
"LEGAL" which describes the claim and the party making the claim in
sufficient detail that a recipient will know whom to contact. If Contributor
obtains such knowledge after the Modification is made available as described in
Section 3.2, Contributor shall promptly modify the LEGAL file in all copies
Contributor makes available thereafter and shall take other steps (such as
notifying appropriate mailing lists or newsgroups) reasonably calculated to
inform those who received the Covered Code that new knowledge has been
obtained.
(b) Contributor APIs.
If Contributor's Modifications include
an application programming interface and Contributor has knowledge of patent
licenses which are reasonably necessary to implement that API, Contributor must
also include this information in the LEGAL file.
(c) Representations
Contributor represents that, except as
disclosed pursuant to Section 3.4(a) above, Contributor believes that
Contributor's Modifications are Contributor's original creation(s) and/or
Contributor has sufficient rights to grant the rights conveyed by this License.
3.5
Required Notices.
You must duplicate the notice in
Exhibit A in each file of the Source Code. If it is not possible to put such
notice in a particular Source Code file due to its structure, then You must
include such notice in a location (such as a relevant directory) where a user
would be likely to look for such a notice. If You created one or more
Modification(s) You may add your name as a Contributor to the notice described
in Exhibit A. You must also duplicate this License in any documentation for the
Source Code where You describe recipients' rights or ownership rights relating
to Covered Code. You may choose to offer, and to charge a fee for, warranty,
support, indemnity or liability obligations to one or more recipients of
Covered Code. However, You may do so only on Your own behalf, and not on behalf
of the Initial Developer or any Contributor. You must make it absolutely clear
than any such warranty, support, indemnity or liability obligation is offered
by You alone, and You hereby agree to indemnify the Initial Developer and every
Contributor for any liability incurred by the Initial Developer or such
Contributor as a result of warranty, support, indemnity or liability terms You
offer.
3.6.
Distribution of Executable Versions.
You may distribute Covered Code in
Executable form only if the requirements of Section 3.1-3.5 have been met for
that Covered Code, and if You include a notice stating that the Source Code
version of the Covered Code is available under the terms of this License,
including a description of how and where You have fulfilled the obligations of
Section 3.2. The notice must be conspicuously included in any notice in an
Executable version, related documentation or collateral in which You describe
recipients' rights relating to the Covered Code. You may distribute the
Executable version of Covered Code or ownership rights under a license of Your
choice, which may contain terms different from this License, provided that You
are in compliance with the terms of this License and that the license for the
Executable version does not attempt to limit or alter the recipient's rights in
the Source Code version from the rights set forth in this License. If You
distribute the Executable version under a different license You must make it
absolutely clear that any terms which differ from this License are offered by
You alone, not by the Initial Developer or any Contributor. You hereby agree to
indemnify the Initial Developer and every Contributor for any liability
incurred by the Initial Developer or such Contributor as a result of any such
terms You offer.
3.7.
Larger Works.
You may create a Larger Work by
combining Covered Code with other code not governed by the terms of this
License and distribute the Larger Work as a single product. In such a case, You
must make sure the requirements of this License are fulfilled for the Covered
Code.
4. Inability to Comply Due to Statute
or Regulation.
If it is impossible for You to comply
with any of the terms of this License with respect to some or all of the
Covered Code due to statute, judicial order, or regulation then You must: (a)
comply with the terms of this License to the maximum extent possible; and (b)
describe the limitations and the code they affect. Such description must be
included in the LEGAL file described in Section 3.4 and must be included with
all distributions of the Source Code. Except to the extent prohibited by
statute or regulation, such description must be sufficiently detailed for a
recipient of ordinary skill to be able to understand it.
5. Application of this License.
This License applies to code to which
the Initial Developer has attached the notice in Exhibit A, and to related
Covered Code.
6. Versions of the License.
6.1
New Versions.
Netscape Communications Corporation
("Netscape") may publish revised and/or new versions of the License
from time to time. Each version will be given a distinguishing version number.
6.2
Effect of New Versions.
Once Covered Code has been published
under a particular version of the License, You may always continue to use it
under the terms of that version. You may also choose to use such Covered Code
under the terms of any subsequent version of the License published by Netscape.
No one other than Netscape has the right to modify the terms applicable to
Covered Code created under this License.
6.3
Derivative Works.
If You create or use a modified version
of this License (which you may only do in order to apply it to code which is
not already Covered Code governed by this License), You must (a) rename Your
license so that the phrases "Mozilla", "MOZILLAPL",
"MOZPL", "Netscape", "MPL", "NPL" or
any confusingly similar phrase do not appear in your license (except to note
that your license differs from this License) and (b) otherwise make it clear that
Your version of the license contains terms which differ from the Mozilla Public
License and Netscape Public License. (Filling in the name of the Initial
Developer, Original Code or Contributor in the notice described in Exhibit A
shall not of themselves be deemed to be modifications of this License.)
7. DISCLAIMER OF WARRANTY.
COVERED CODE IS PROVIDED UNDER THIS
LICENSE ON AN "AS IS" BASIS, WITHOUT WARRANTY OF ANY KIND, EITHER
EXPRESSED OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES THAT THE COVERED
CODE IS FREE OF DEFECTS, MERCHANTABLE, FIT FOR A PARTICULAR PURPOSE OR
NON-INFRINGING. THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE
COVERED CODE IS WITH YOU. SHOULD ANY COVERED CODE PROVE DEFECTIVE IN ANY
RESPECT, YOU (NOT THE INITIAL DEVELOPER OR ANY OTHER CONTRIBUTOR) ASSUME THE
COST OF ANY NECESSARY SERVICING, REPAIR OR CORRECTION. THIS DISCLAIMER OF
WARRANTY CONSTITUTES AN ESSENTIAL PART OF THIS LICENSE. NO USE OF ANY COVERED
CODE IS AUTHORIZED HEREUNDER EXCEPT UNDER THIS DISCLAIMER.
8. TERMINATION.
8.1
This License and the rights granted hereunder will terminate
automatically if You fail to comply with terms herein and fail to cure such
breach within 30 days of becoming aware of the breach. All sublicenses to the Covered
Code which are properly granted shall survive any termination of this License.
Provisions which, by their nature, must remain in effect beyond the termination
of this License shall survive.
8.2.
If You initiate litigation by asserting a patent infringement claim
(excluding declatory judgment actions) against Initial Developer or a
Contributor (the Initial Developer or Contributor against whom You file such
action is referred to as "Participant") alleging that:
(a) such Participant's Contributor Version
directly or indirectly infringes any patent, then any and all rights granted by
such Participant to You under Sections 2.1 and/or 2.2 of this License shall,
upon 60 days notice from Participant terminate prospectively, unless if within
60 days after receipt of notice You either: (i) agree in writing to pay
Participant a mutually agreeable reasonable royalty for Your past and future
use of Modifications made by such Participant, or (ii) withdraw Your litigation
claim with respect to the Contributor Version against such Participant. If
within 60 days of notice, a reasonable royalty and payment arrangement are not
mutually agreed upon in writing by the parties or the litigation claim is not
withdrawn, the rights granted by Participant to You under Sections 2.1 and/or
2.2 automatically terminate at the expiration of the 60 day notice period
specified above.
(b) any software, hardware, or device,
other than such Participant's Contributor Version, directly or indirectly
infringes any patent, then any rights granted to You by such Participant under
Sections 2.1(b) and 2.2(b) are revoked effective as of the date You first made,
used, sold, distributed, or had made, Modifications made by that Participant.
8.3
If You assert a patent infringement claim against Participant alleging
that such Participant's Contributor Version directly or indirectly infringes
any patent where such claim is resolved (such as by license or settlement)
prior to the initiation of patent infringement litigation, then the reasonable
value of the licenses granted by such Participant under Sections 2.1 or 2.2
shall be taken into account in determining the amount or value of any payment
or license.
8.4
In the event of termination under Sections 8.1 or 8.2 above, all end
user license agreements (excluding distributors and resellers) which have been
validly granted by You or any distributor hereunder prior to termination shall
survive termination.
9. LIMITATION OF LIABILITY.
UNDER NO CIRCUMSTANCES AND UNDER NO
LEGAL THEORY, WHETHER TORT (INCLUDING NEGLIGENCE), CONTRACT, OR OTHERWISE,
SHALL YOU, THE INITIAL DEVELOPER, ANY OTHER CONTRIBUTOR, OR ANY DISTRIBUTOR OF
COVERED CODE, OR ANY SUPPLIER OF ANY OF SUCH PARTIES, BE LIABLE TO ANY PERSON
FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY
CHARACTER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF GOODWILL, WORK
STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR ANY AND ALL OTHER COMMERCIAL
DAMAGES OR LOSSES, EVEN IF SUCH PARTY SHALL HAVE BEEN INFORMED OF THE
POSSIBILITY OF SUCH DAMAGES. THIS LIMITATION OF LIABILITY SHALL NOT APPLY TO
LIABILITY FOR DEATH OR PERSONAL INJURY RESULTING FROM SUCH PARTY'S NEGLIGENCE
TO THE EXTENT APPLICABLE LAW PROHIBITS SUCH LIMITATION. SOME JURISDICTIONS DO
NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES,
SO THIS EXCLUSION AND LIMITATION MAY NOT APPLY TO YOU.
10. U.S. GOVERNMENT END USERS.
The Covered Code is a "commercial
item," as that term is defined in 48 C.F.R. 2.101 (Oct. 1995), consisting
of "commercial computer software" and "commercial computer
software documentation," as such terms are used in 48 C.F.R. 12.212 (Sept.
1995). Consistent with 48 C.F.R. 12.212 and 48 C.F.R. 227.7202-1 through
227.7202-4 (June 1995), all U.S. Government End Users acquire Covered Code with
only those rights set forth herein.
11. MISCELLANEOUS.
This License represents the complete
agreement concerning subject matter hereof. If any provision of this License is
held to be unenforceable, such provision shall be reformed only to the extent
necessary to make it enforceable. This License shall be governed by California
law provisions (except to the extent applicable law, if any, provides
otherwise), excluding its conflict-of-law provisions. With respect to disputes
in which at least one party is a citizen of, or an entity chartered or
registered to do business in the United States of America, any litigation
relating to this License shall be subject to the jurisdiction of the Federal
Courts of the Northern District of California, with venue lying in Santa Clara
County, California, with the losing party responsible for costs, including
without limitation, court costs and reasonable attorneys' fees and expenses.
The application of the United Nations Convention on Contracts for the
International Sale of Goods is expressly excluded. Any law or regulation which
provides that the language of a contract shall be construed against the drafter
shall not apply to this License.
12. RESPONSIBILITY FOR CLAIMS.
As between Initial Developer and the
Contributors, each party is responsible for claims and damages arising,
directly or indirectly, out of its utilization of rights under this License and
You agree to work with Initial Developer and Contributors to distribute such
responsibility on an equitable basis. Nothing herein is intended or shall be
deemed to constitute any admission of liability.
13. MULTIPLE-LICENSED CODE.
Initial Developer may designate
portions of the Covered Code as "Multiple-Licensed".
"Multiple-Licensed" means that the Initial Developer permits you to
utilize portions of the Covered Code under Your choice of the NPL or the
alternative licenses, if any, specified by the Initial Developer in the file
described in Exhibit A.
EXHIBIT A -Mozilla Public License.
"The contents of this file are
subject to the Mozilla Public License Version 1.1 (the "License");
you may not use this file except in compliance with the License. You may obtain
a copy of the License at http://www.mozilla.org/MPL/
Software distributed under the License
is distributed on an "AS IS" basis, WITHOUT WARRANTY OF ANY KIND,
either express or implied. See the License for the specific language governing
rights and limitations under the License.
Barracuda Networks Products may contain programs that are
copyright (c)1995-2005 International Business Machines Corporation and others.
All rights reserved. These programs are covered by the following License: "Permission
is hereby granted, free of charge, to any person obtaining a copy of this
software and associated documentation files (the "Software"), to deal
in the Software without restriction, including without limitation the rights to
use, copy, modify, merge, publish, distribute, and/or sell copies of the
Software, and to permit persons to whom the Software is furnished to do so,
provided that the above copyright notice(s) and this permission notice appear
in all copies of the Software and that both the above copyright notice(s) and
this permission notice appear in supporting documentation."
Barracuda Networks Products may include programs that are
covered by the BSD License: "Redistribution and use in source and binary
forms, with or without modification, are permitted provided that the following
conditions are met:
Redistributions of source code must retain the above
copyright notice, this list of conditions and the following disclaimer.
Redistributions in binary form must reproduce the above
copyright notice, this list of conditions and the following disclaimer in the
documentation and/or other materials provided with the distribution.
The names of the authors may not be used to endorse or
promote products derived from this software without specific prior written
permission.
THIS SOFTWARE IS PROVIDED ''AS IS'' AND WITHOUT ANY
EXPRESS OR IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE IMPLIED
WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE."
Barracuda Networks Products may include the libspf library
which is Copyright (c) 2004 James Couzens & Sean Comeau, All rights
reserved. It is covered by the following agreement: Redistribution and use in
source and binary forms, with or without modification, are permitted provided
that the following conditions are met: 1. Redistributions of source code must
retain the above copyright notice, this list of conditions and the following
disclaimer. 2. Redistributions in binary form must reproduce the above
copyright notice, this list of conditions and the following disclaimer in the
documentation and/or other materials provided with the distribution. THIS
SOFTWARE IS PROVIDED ''AS IS'' AND ANY EXPRESSED OR IMPLIED WARRANTIES,
INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND
FITNESS FOR A PARTICULAR PURPOSE ARE DISCLAIMED. IN NO EVENT SHALL THE AUTHORS
MAKING USE OF THIS LICENSE OR ITS CONTRIBUTORS BE LIABLE FOR ANY DIRECT,
INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING,
BUT NOT LIMITED TO, PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; LOSS OF USE,
DATA, OR PROFITS; OR BUSINESS INTERRUPTION) HOWEVER CAUSED AND ON ANY THEORY OF
LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY, OR TORT (INCLUDING NEGLIGENCE
OR OTHERWISE) ARISING IN ANY WAY OUT OF THE USE OF THIS SOFTWARE, EVEN IF
ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.
Barracuda Networks Products may contain programs that are
Copyright (c) 1998-2003 Carnegie Mellon University. All rights reserved.
Redistribution and use in source and binary forms, with or without
modification, are permitted provided that the following conditions are met: 1.
Redistributions of source code must retain the above copyright notice, this
list of conditions and the following disclaimer. 2. Redistributions in binary
form must reproduce the above copyright notice, this list of conditions and the
following disclaimer in the documentation and/or other materials provided with
the distribution. The name "Carnegie Mellon University" must not be
used to endorse or promote products derived from this software without prior
written permission. For permission or any other legal details, please contact
Office of Technology Transfer, Carnegie
Mellon University, 5000 Forbes Avenue, Pittsburgh, PA 15213-3890 (412)
268-4387, fax: (412) 268-7395, tech-transfer@andrew.cmu.edu . Redistributions
of any form whatsoever must retain the following acknowledgment: "This
product includes software developed by Computing Services at Carnegie Mellon
University (http://www.cmu.edu/computing/)." CARNEGIE MELLON UNIVERSITY
DISCLAIMS ALL WARRANTIES WITH REGARD TO THIS SOFTWARE, INCLUDING ALL IMPLIED
WARRANTIES OF MERCHANTABILITY AND FITNESS, AND IN NO EVENT SHALL CARNEGIE
MELLON UNIVERSITY BE LIABLE FOR ANY SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES
OR ANY DAMAGES WHATSOEVER RESULTING FROM LOSS OF USE, DATA OR PROFITS, WHETHER
IN AN ACTION OF CONTRACT, NEGLIGENCE OR OTHER TORTIOUS ACTION, ARISING OUT OF
OR IN CONNECTION WITH THE USE OR PERFORMANCE OF THIS SOFTWARE.
Barracuda Networks Products may contain
programs and software that are copyright (c) 2000, 2001, 2002, 2003, 2004 John
Lim All rights reserved. Redistribution and use in source and binary forms,
with or without modification, are permitted provided that the following
conditions are met: Redistributions of source code must retain the above
copyright notice, this list of conditions and the following disclaimer.
Redistributions in binary form must reproduce the above copyright notice, this
list of conditions and the following disclaimer in the documentation and/or
other materials provided with the distribution. Neither the name of the John
Lim nor the names of its contributors may be used to endorse or promote
products derived from this software without specific prior written permission. DISCLAIMER:THIS
SOFTWARE IS PROVIDED BY THE COPYRIGHT HOLDERS AND CONTRIBUTORS "AS
IS" AND ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO,
THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE
ARE DISCLAIMED. IN NO EVENT SHALL JOHN LIM OR CONTRIBUTORS BE LIABLE FOR ANY
DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES
(INCLUDING, BUT NOT LIMITED TO, PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES;
LOSS OF USE, DATA, OR PROFITS; OR BUSINESS INTERRUPTION) HOWEVER CAUSED AND ON
ANY THEORY OF LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY, OR TORT
(INCLUDING NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY OUT OF THE USE OF THIS
SOFTWARE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.
Barracuda Networks Products may contain
programs and software that are copyright protected by: AMCC 215 Moffett Park
Drive, Sunnyvale California, CA-94089, USA www.amcc.com. AMCC grants to you a
non-exclusive, non-transferable, non-sublicensable license to use the Product.
LIMITS
You may not copy, modify, rent, sell,
distribute, or transfer any part of the Software except as provided in this Agreement,
and you agree to prevent unauthorized copying of the Software; (2) you may not
reverse engineer, decompile, or disassemble the Software; and (3) you many not
sublicense the Software.
OWNERSHIP OF SOFTWARE AND COPYRIGHTS
Title to all copies of the Software
will remain with AMCC or its suppliers. The Software is copyrighted and
protected by United States and Austrian copyright laws and international treaty
provisions. You may not remove any copyright, patent, or other proprietary
notices from the Software. AMCC and Barracuda Networks or its suppliers may
make changes to the Software, or to items referenced therein, at any time
without notice, but is not obligated to support or update the Software. Except
as otherwise expressly provided, AMCC grants no express or implied right under
AMCC patents, copyrights, trademarks, or other intellectual property rights.
You may transfer the Software only if the recipient agrees to be fully bound by
these terms and if you retain no copies of the Software.
LIMITATION OF LIABILITY
IN NO EVENT SHALL AMCC AND BARRACUDA
NETWORKS OR ITS SUPPLIERS BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING,
WITHOUT LIMITATION, LOST PROFITS, BUSINESS INTERRUPTION, OR LOST INFORMATION)
ARISING OUT OF THE USE OF OR INABILITY TO USE THE SOFTWARE, EVEN IF AMCC HAS
BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS PROHIBIT
EXCLUSION OR LIMITATION OF LIABILITY FOR IMPLIED WARRANTIES OR CONSEQUENTIAL OR
INCIDENTAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU. YOU MAY ALSO
HAVE OTHER LEGAL RIGHTS THAT VARY FROM JURISDICTION TO JURISDICTION.
TERMINATION
This agreement will be terminated at
any time if you violate its terms. Upon termination, you will immediately
destroy the software.
RESTRICTED RIGHTS LEGEND
The AMCC Software Products are
“Restricted Computer Software.” If the Software Products are licensed for use
by the United States or for use in the performance of a United States
government prime contract or subcontract, Customer agrees that the Software Products
are delivered as: (i) “commercial computer software” as defined in DFARS
252.227-7013, Rights in Technical Data – Noncommercial Items; DFARS
252.227-7014, Rights In Noncommercial Computer Software and Noncommercial
Computer Software Documentation; and DFARS 252.227-7015, Technical Data
Commercial Items; (ii) as a “commercial item” as defined in FAR 2.101; or (iii)
as “restricted commercial software” as defined in FAR 52.227-19, Commercial
Computer Software – Restricted Rights; whichever is applicable. The use, duplication, and disclosure of the
Software Products by the Department of Defense shall be subject to the terms
and conditions set forth in the accompanying license agreement as provided in
DFARS 227.7202. All other use,
duplication and disclosure of the Software Products and Documentation by the
United States shall be subject to the terms and conditions set forth in the
accompanying license agreement and the restrictions contained in subsection (c)
of FAR 52.227-19, Commercial Computer Software – Restricted Rights, or FAR
52.227-14, Rights in Data.
Contractor/licensor is AMCC, 6290 Sequence Drive, San Diego, CA 92121.
Barracuda Networks Software may include
programs that are covered by the Apache License. The Apache 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.
Version 2.0, January 2004
http://www.apache.org/licenses/
TERMS AND CONDITIONS FOR USE,
REPRODUCTION, AND DISTRIBUTION
1. Definitions.
"License" shall mean the
terms and conditions for use, reproduction, and distribution as defined by
Sections 1 through 9 of this document.
"Licensor" shall mean the
copyright owner or entity authorized by the copyright owner that is granting
the License.
"Legal Entity" shall mean the
union of the acting entity and all other entities that control, are controlled
by, or are under common control with that entity. For the purposes of this
definition, "control" means (i) the power, direct or indirect, to
cause the direction or management of such entity, whether by contract or
otherwise, or (ii) ownership of fifty percent (50%) or more of the outstanding
shares, or (iii) beneficial ownership of such entity.
"You" (or "Your")
shall mean an individual or Legal Entity exercising permissions granted by this
License.
"Source" form shall mean the
preferred form for making modifications, including but not limited to software
source code, documentation source, and configuration files.
"Object" form shall mean any
form resulting from mechanical transformation or translation of a Source form,
including but not limited to compiled object code, generated documentation, and
conversions to other media types.
"Work" shall mean the work of
authorship, whether in Source or Object form, made available under the License,
as indicated by a copyright notice that is included in or attached to the work
(an example is provided in the Appendix below).
"Derivative Works" shall mean
any work, whether in Source or Object form, that is based on (or derived from)
the Work and for which the editorial revisions, annotations, elaborations, or
other modifications represent, as a whole, an original work of authorship. For
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==============================================
This product includes cryptographic
software written by Eric Young (eay@cryptsoft.com). This product includes
software written by Tim Hudson (tjh@cryptsoft.com).Original SSLeay License
Copyright (C) 1995-1998 Eric Young (eay@cryptsoft.com) All rights reserved.
This package is an SSL implementation written by Eric Young
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long as the following conditions are adhered to. The following conditions apply
to all code found in this distribution, be it the RC4, RSA, lhash, DES, etc.,
code; not just the SSL code. The SSL documentation included with this
distribution is covered by the same copyright terms except that the holder is
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related :-). 4. If you include any
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code) you must include an acknowledgement: "This product includes software
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---- Part 2: Networks Associates
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---- Part 3: Cambridge Broadband Ltd.
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This LICENSE AGREEMENT is between the Python Software Foundation
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LIMITED TO, PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; LOSS OF USE,
DATA, OR PROFITS; OR BUSINESS
INTERRUPTION) HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, WHETHER IN CONTRACT, STRICT
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OR OTHERWISE) ARISING IN ANY WAY OUT OF THE USE OF THIS SOFTWARE, EVEN IF
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Obviously not all of these programs are utilized, but since they are
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(v2.5)