Schedule 4: Additional Terms for Phishline
In addition to the General Terms, the following terms govern Customer’s use of the Phishline Hosted Service.
1. If Customer has purchased training, the following additional terms apply:
1.1. License Grants and Restrictions.
1.1.1. Use of Barracuda Materials. Subject to the restrictions and limitations contained in this Agreement, the Product license granted by Barracuda to Customer in the Agreement shall include a license to use the Barracuda Materials for Customer’s own internal business training purposes during the Term, and any subsequent renewal terms, as defined in the Order.
1.1.2. Modifications and Derivative Works. Customer shall not have the right to utilize the Barracuda Materials to modify or create its own custom training materials including, but not limited to, combining Barracuda Materials with content developed by Customer or another third party.
1.2. Restrictions. Customer expressly acknowledges and agrees that its license for the use of the Barracuda Materials is intended for Customer’s own internal training and business purposes. This use includes all Customer affiliated companies. Customer shall not use the Barracuda Materials to provide consulting services to any third party, operate as an independent contractor or service bureau to any third party, certify any third party, or otherwise sell, license, sublicense, disseminate, disclose or otherwise make public the Barracuda Materials to any third party.
1.3. No Circumvention. Customer acknowledges and agrees that the intent of the license granted in this Section 1 is to enable Customer to train its own employees and contract personnel. Accordingly, Customer agrees that it will not use, or knowingly allow others to use, the Barracuda Materials for the purpose of creating similar training materials or programs, and Customer shall not furnish any information, data or copies of Barracuda Materials to any third party to assist in the creation or design of training materials or programs.
1.4. Trademark and Copyright Notices and Disclaimers. In using the Barracuda Materials, Customer will ensure that it identifies Barracuda as the owner of the Barracuda Materials and Customer shall not remove, cover up or alter any trademark, trademark notice, copyright notice or other similar disclaimer. All rights not expressly granted herein are reserved by Barracuda.
2. If Customer has purchased the Phishline Outlook plugin, the following addition terms also apply:
2.1. License Grant. Barracuda grants to the Customer, during the Term, and any subsequent renewal terms, a non-exclusive, perpetual, limited license to Use the PhishLine Plugin. “Use” means storing, copying, loading, installing, executing, modifying or displaying the PhishLine Plugin on an unlimited number of computers solely for Customer’s own internal business purposes. Customer acknowledges and agrees that Barracuda shall not have any duty or obligation to provide Customer with any updates, modifications, bug fixes or support with respect to the PhishLine Plugin.
2.2. Restrictions. Customer may not disable any licensing or control features of the PhishLine Plugin. Customer shall only access the source code for the PhishLine Plugin for the limited purpose of testing and inspecting the operation of the Plugin. Except for open source code used in connection with the installation kit for the PhishLine Plugin, Customer acknowledges that the source code for the PhishLine Plugin, and any modifications made to the PhishLine Plugin source code by Customer, shall be and remain proprietary and confidential to Barracuda. Customer shall not transfer, disclose or otherwise provide any third party with copies of the PhishLine Plugin or any modifications to the PhishLine Plugin source code.
2.3. Ownership. Apart from open source code used in connection with the installation kit, the PhishLine Plugin is owned and copyrighted by Barracuda. The license set forth in this Agreement does not grant Customer any rights, title or ownership in or to the PhishLine Plugin. This Agreement shall not constitute a sale of any rights in the PhishLine Plugin.
3. If Customer has purchased Simple Message Services (SMS), the following addition terms also apply:
If Customer contracts with Barracuda to provide Products that utilize
SMS/texting, automated or manual telephone calls, or similar
telecommunications technology, Customer shall be solely responsible for
obtaining prior approval from the owner of any device that may receive such
messages from Barracuda in strict compliance with the Telephone Consumer
Protection Act of 1991 (TCPA) or any similar law or regulation in any
country; and Customer shall be solely responsible for, and shall indemnify
Barracuda from, any charges or fees charged by any carrier to Customer or
the device owner.