QTHC GLOBAL, LLC (“QTHC”) STANDARD “TERMS AND CONDITIONS” OF SALE FOR TECHNOLOGY PRODUCTS AND SERVICES
(MANUFACTURER IS BARRACUDA NETWORKS)
QTHC GLOBAL is bound to the following terms for return of defective products or software and Purchaser agrees to be bound by these terms and to act in such a way as to follow these procedures in order to make a warranty claims against Barracuda Networks. This is the only procedure and the only warranty in connection with these products, software and services.
Warranty. Barracuda Networks warrants that the hardware will substantially comply with the Datasheet for the Product for a period of one (1) year from the date of shipment from Barracuda Networks and that the Software will substantially comply with the Datasheet for a period of thirty (30) days from the date of shipment for the Software, as set forth in the Barracuda Networks Limited Hardware Warranty located at https://www.barracuda.com/legal/warranty. Barracuda Networks warrants the Product solely to End Users. No warranties are extended to Reseller. Reseller expressly agrees that Reseller may not make any warranty or representation, whether express, implied or otherwise on behalf of Barracuda Networks. Reseller shall be solely responsible for being the point of contact with Barracuda Networks for any warranty or Service claims from Reseller’s End Users.
WARRANTY DISCLAIMER. EXCEPT AS PROVIDED BY EXPRESS WRITTEN WARRANTIES OFFERED BY BARRACUDA NETWORKS DIRECTLY TO END USERS, BARRACUDA NETWORKS DISCLAIMS ALL WARRANTIES, CONDITIONS OR OTHER TERMS, EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, ON PRODUCTS OR SERVICES FURNISHED HEREUNDER INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF DESIGN, NON- INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
Returns. Reseller shall promptly return any defective Product under warranty or under Support Services as follows: Reseller must first obtain a Return Material Authorization (“RMA”) number from Barracuda Networks. Reseller must return the entire contents of the defective Product marked with the RMA number, to a receiving point designated by Barracuda Networks within thirty (30) days of Reseller’s receipt of the RMA number. Reseller will pay the transportation charges (including taxes, duties and customs) for the return of the defective Product to Barracuda Networks. Replacement Products are shipped DAP (ship to location) (Incoterms 2010) from the Delivery Point. Products returned to Barracuda Networks may be repaired or replaced by Barracuda Networks at Barracuda Networks sole discretion in accordance with Barracuda Networks warranty to the End User. Replacement Products may be new or refurbished in Barracuda Networks sole discretion.
LIMITATION AND DISCLAIMER OF BARRACUDA NETWORKS LIABILITY TO QTHC AND TO PURCHASE
LIMITATION OF LIABILITY. NOTWITHSTANDING ANY PROVISION CONTAINED HEREIN TO THE CONTRARY, EXCEPT IN CASE OF BODILY INJURY OR DEATH WHERE, AND THEN ONLY TO THE EXTENT THAT, APPLICABLE LAW REQUIRES SUCH LIABILITY, THE MAXIMUM LIABILITY OF BARRACUDA NETWORKS TO RESELLER, OR TO ANY PARTY WHATSOEVER ARISING OUT OF OR IN CONNECTION WITH ANY SALE, USE, OR OTHER APPLICATION OF ANY PRODUCT OR SERVICE DELIVERED TO RESELLER HEREUNDER, WHETHER SUCH LIABILITY ARISES FROM A CLAIM BASED UPON CONTRACT, WARRANTY, TORT, OR OTHERWISE, SHALL NOT UNDER ANY CIRCUMSTANCE EXCEED THE ACTUAL AMOUNT PAID BY RESELLER FOR THE PRODUCT OR SERVICE GIVING RISE TO SUCH LIABILITY.
Limited Warranty and License
Barracuda Networks Limited Hardware Warranty (v 2.1)
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”) 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.
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.
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 (v 2.1)
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 MERCHANTIBILITY, 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. 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.
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, 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 Base 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 Networks 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 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 Energize Updates and Other Subscription Terms
Barracuda Networks Software License Agreement Appendix
The GNU General Public License (GPL) Version 2, June 1991 Copyright © 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.
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 terms and conditions. You may not impose any further restrictions on the recipients’ exercise of the rights granted herein. You are not responsible for enforcing compliance by third parties to this License.
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 simultaneously your obligations under this License and any other pertinent 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 you, then the only way you could satisfy both it and this License would be to refrain entirely from distribution of the Program.
If any portion of this section is held invalid or unenforceable under any particular circumstance, the balance of the section is intended to apply and the section as a whole is intended to apply in other circumstances.
It is not the purpose of this section to induce you to infringe any patents or other property right claims or to contest validity of any such claims; this section has the sole purpose of protecting the integrity of the free software distribution system, which is implemented by public license practices. Many people have made generous contributions to the wide range of software distributed through that system in reliance on consistent application of that system; it is up to the author/donor to decide if he or she is willing to distribute software through any other system and a licensee cannot impose that choice.
This section is intended to make thoroughly clear what is believed to be a consequence of the rest of this License.
8. If the distribution and/or use of the Program is 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 such case, this License incorporates the limitation as if written in the body of this License.
9. The Free Software Foundation may publish revised and/or new versions of the 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 version number. If the Program specifies a version number of this License which applies to it and “any later version”, you have the option of following the terms and conditions either of that version or of any later version published by the Free Software Foundation. If the Program does not specify a version number of this License, you may choose any version ever published by the Free Software Foundation.
10. If you wish to incorporate parts of the Program into other free programs whose distribution conditions are different, write to the author to ask for permission. For software which is copyrighted by the Free Software
Foundation, write to the Free Software Foundation; we sometimes make exceptions for this. Our decision will be guided by the two goals of preserving the free status of all derivatives of our free software and of promoting the sharing and reuse of software generally.
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 PARTIES PROVIDE THE PROGRAM “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE PROGRAM IS WITH YOU. SHOULD THE PROGRAM PROVE DEFECTIVE, YOU ASSUME THE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION.
12. IN NO EVENT UNLESS REQUIRED BY APPLICABLE LAW OR 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 DAMAGES, INCLUDING ANY GENERAL, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE OR INABILITY TO USE THE PROGRAM (INCLUDING BUT NOT LIMITED TO LOSS OF DATA OR DATA BEING RENDERED INACCURATE OR LOSSES SUSTAINED BY YOU OR THIRD PARTIES OR A FAILURE OF THE PROGRAM TO OPERATE WITH ANY OTHER PROGRAMS), EVEN IF SUCH HOLDER OR OTHER PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
END OF GNU TERMS AND CONDITIONS
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, firstname.lastname@example.org. 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 Software may include programs that are covered by the Apache License or other Open Source license agreements. 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
TERMS AND CONDITIONS FOR USE, REPRODUCTION, AND DISTRIBUTION
“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
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“You” (or “Your”) shall mean an individual or Legal Entity exercising permissions granted by this License.
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“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 the purposes of this License, Derivative Works shall not include works that remain separable from, or merely link (or bind by name) to the interfaces of, the Work and Derivative Works thereof.
“Contribution” shall mean any work of authorship, including the original version of the Work and any modifications or additions to that Work or Derivative Works thereof, that is intentionally submitted to Licensor for inclusion in the Work by the copyright owner or by an individual or Legal Entity authorized to submit on behalf of the copyright owner. For the purposes of this definition, “submitted” means any form of electronic, verbal, or written communication sent to the Licensor or its representatives, including but not limited to communication on electronic mailing lists, source code control systems, and issue tracking systems that are managed by, or on behalf of, the Licensor for the purpose of discussing and improving the Work, but excluding communication that is conspicuously marked or otherwise designated in writing by the copyright owner as “Not a Contribution.”
“Contributor” shall mean Licensor and any individual or Legal Entity on behalf of whom a Contribution has been received by Licensor and subsequently incorporated within the Work.
2. Grant of Copyright License. Subject to the terms and conditions of this License, each Contributor hereby grants to You a perpetual, worldwide, non-exclusive, no-charge, royalty-free, irrevocable copyright license to reproduce, prepare Derivative Works of, publicly display, publicly perform, sublicense, and distribute the Work and such Derivative Works in Source or Object form.
3. Grant of Patent License. Subject to the terms and conditions of this License, each Contributor hereby grants to You a perpetual, worldwide, non-exclusive, no-charge, royalty-free, irrevocable (except as stated in this section) patent license to make, have made, use, offer to sell, sell, import, and otherwise transfer the Work, where such license applies only to those patent claims licensable by such Contributor that are necessarily infringed by their Contribution(s) alone or by combination of their Contribution(s) with the Work to which such Contribution(s) was submitted. If You institute patent litigation against any entity (including a cross-claim or counterclaim in a lawsuit) alleging that the Work or a Contribution incorporated within the Work constitutes direct or contributory patent infringement, then any patent licenses granted to You under this License for that Work shall terminate as of the date such litigation is filed.
4. Redistribution. You may reproduce and distribute copies of the Work or Derivative Works thereof in any medium, with or without modifications, and in Source or Object form, provided that You meet the following conditions:
(a) You must give any other recipients of the Work or Derivative Works a copy of this License; and
(b) You must cause any modified files to carry prominent notices stating that You changed the files; and
(c) You must retain, in the Source form of any Derivative Works that You distribute, all copyright, patent, trademark, and attribution notices from the Source form of the Work, excluding those notices that do not pertain to any part of the Derivative Works; and
(d) If the Work includes a “NOTICE” text file as part of its distribution, then any Derivative Works that You distribute must include a readable copy of the attribution notices contained within such NOTICE file, excluding those notices that do not pertain to any part of the Derivative Works, in at least one of the following places: within a NOTICE text file distributed as part of the Derivative Works; within the Source form or documentation, if provided along with the Derivative Works; or, within a display generated by the Derivative Works, if and wherever such third-party notices normally appear. The contents of the NOTICE file are for informational purposes only and do not modify the License. You may add Your own attribution notices within Derivative Works that You distribute, alongside or as an addendum to the NOTICE text from the Work, provided that such additional attribution notices cannot be construed as modifying the License.
You may add Your own copyright statement to Your modifications and may provide additional or different license terms and conditions for use, reproduction, or distribution of Your modifications, or for any such Derivative Works as a whole, provided Your use, reproduction, and distribution of the Work otherwise complies with the conditions stated in this License.
5. Submission of Contributions. Unless You explicitly state otherwise, any Contribution intentionally submitted for inclusion in the Work by You to the Licensor shall be under the terms and conditions of this License, without any additional terms or conditions. Notwithstanding the above, nothing herein shall supersede or modify the terms of any separate license agreement you may have executed with Licensor regarding such Contributions.
6. Trademarks. This License does not grant permission to use the trade names, trademarks, service marks, or product names of the Licensor, except as required for reasonable and customary use in describing the origin of the Work and reproducing the content of the NOTICE file.
7. Disclaimer of Warranty. Unless required by applicable law or agreed to in writing, Licensor provides the Work (and each Contributor provides its Contributions) on an “AS IS” BASIS, WITHOUT WARRANTIES OR CONDITIONS OF ANY KIND, either express or implied, including, without limitation, any warranties or conditions of TITLE, NON-INFRINGEMENT, MERCHANTABILITY, or FITNESS FOR A PARTICULAR PURPOSE. You are solely responsible for determining the appropriateness of using or redistributing the Work and assume any risks associated with Your exercise of permissions under this License.
8. Limitation of Liability. In no event and under no legal theory, whether in tort (including negligence), contract, or otherwise, unless required by applicable law (such as deliberate and grossly negligent acts) or agreed to in writing, shall any Contributor be liable to You for damages, including any direct, indirect, special, incidental, or consequential damages of any character arising as a result of this License or out of the use or inability to use the Work (including but not limited to damages for loss of goodwill, work stoppage, computer failure or malfunction, or any and all other commercial damages or losses), even if such Contributor has been advised of the possibility of such damages.
9. Accepting Warranty or Additional Liability. While redistributing the Work or Derivative Works thereof, You may
choose to offer, and charge a fee for, acceptance of support, warranty, indemnity, or other liability obligations and/or rights consistent with this License. However, in accepting such obligations, You may act only on Your own behalf and on Your sole responsibility, not on behalf of any other Contributor, and only if You agree to indemnify, defend, and hold each Contributor harmless for any liability incurred by, or claims asserted against, such Contributor by reason of your accepting any such warranty or additional liability.
END OF TERMS AND CONDITIONS
Barracuda Networks makes available the source code used to build Barracuda products available at source.barracuda.com. This directory includes all the 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.