Schedule 1: Software Use and Restrictions
In addition to the General Terms, the following terms govern Customer’s use of the Software.
License Grant. Subject to the terms of the Agreement and payment of all Fees, Barracuda grants Customer, for the duration of the applicable term, a nonexclusive and revocable license to use the Software solely for Customer’s internal business purposes. Barracuda reserves all rights not expressly granted to Customer. The rights granted are limited to the Software and do not include any other patent or Intellectual Property Rights. Barracuda retains ownership of the Software and all Intellectual Property Rights contained therein. If the Software has been licensed for evaluation use only, Customer may not use the Software in a production environment, or beyond the term of the evaluation license.
Permitted Uses. This Agreement allows Customer to use the Software only on the single Hardware device on which the Software was Delivered or on other hardware that meets the requirements set forth in the Software Specification. In addition, use of the Software shall be limited, as applicable and as set forth in Barracuda’s price list, quote, user Documentation and website, to a maximum number of: (a) seats (i.e., users with access to use the Software); (b) concurrent users, sessions, ports and/or issued and outstanding IP addresses; (c) usage volume; or (iv) central processing unit cycles or instructions per second.
Restrictions on Software Rights. Customer shall not: (a) modify, create derivative works from, distribute, publicly display, publicly perform or sublicense the Software; (b) use the Software for service bureau or time-sharing purposes or in any other way allow third parties to exploit the Software; (c) reverse engineer, decompile, disassemble or otherwise attempt to derive any of the Software’s source code; (d) make copies of the Software, other than one backup copy solely as necessary to use the Software in accordance with the Agreement; (e) transfer, rent, lease, lend or sublicense the Software or allow a third party to do so or otherwise transfer the Software or any of its rights and obligations under this Agreement; (f) utilize or run the Software on more computers than the number of licenses that were purchased; (g) operate the Software in a fashion that exceeds the capacity or capabilities that were purchased; (h) develop, disclose, publish or otherwise make publicly available any benchmarks, measurements, performance or comparison tests or other reports on the Software; (i) interfere with, disrupt the integrity or performance of, or attempt to gain unauthorized access to the Software, their related systems or networks or any third party data contained therein; (j) use the Software in any manner not authorized by the published Specifications for the applicable Software; (k) duplicate the Software, except for making a reasonable number of archival or backup copies, provided that Customer reproduces in its copy the copyright, trademark and other proprietary notices or markings that appear on the original copy of the Software (if any) as delivered to Customer; or (l) sell, resell, distribute, transfer, publish, disclose, rent, lend, lease or sublicense the Software.
Automatic Installation of Updates. Barracuda regularly makes Software and firmware Updates available to Customers with an active Support Service entitlement in order to correct errors, update configuration or prevent issues. To the extent possible within the specific Product, these are automatically installed unless Customer opts out in the system configuration.
Documentation Usage. Customer may reproduce the Documentation as reasonably necessary to support internal use of the Software.
Method of Delivery. Barracuda shall provide the Software to Customer, through a system of electronic download or via other media, in its discretion.
Software Audit. During the Term of this Agreement, and at any time during the two (2) years thereafter, Barracuda may audit Customer’s use of Software on thirty (30) days’ advance written notice. Customer shall cooperate with the audit, including by providing access to any books, computers, records or other information that relate to its use of the Software. Such audit shall not unreasonably interfere with Customer’s business activities. If Barracuda discovers unauthorized use, reproduction, distribution or other exploitation of the restrictions for the Software, and such unauthorized use exceeds five percent (5%), then Customer shall reimburse Barracuda for the reasonable cost of the audit, or of the next audit in case of discovery without an audit, in addition to such other rights and remedies that Barracuda may have. Barracuda may not conduct an audit more than once per year unless it reasonably believes Customer, its affiliate or an authorized user has engaged in any unauthorized use, reproduction, distribution or other exploitation of the Software.
Open Source Licensing. Products may include programs that are covered by the GNU General Public License (GPL), The Lesser General Public License (LGPL) or other open source license agreements, in particular the Linux operating system. 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. Barracuda owns the copyright in other programs.
Revised: September 22, 2020