-CITRIX SYSTEMS, INC.
-BETA AGREEMENT
+CITRIX® LICENSE AGREEMENT
-This is a legal agreement (AGREEMENT) between you,
-the recipient of the downloaded software (YOU), and
-Citrix Systems, Inc. (CITRIX). BY INSTALLING OR
-DOWNLOADING THE SOFTWARE, YOU ARE AGREEING TO BE
-BOUND BY THE TERMS OF THIS AGREEMENT. IF YOU DO NOT
-AGREE TO THE TERMS OF THIS AGREEMENT, PROMPTLY
-RETURN THE UNUSED DISK PACKAGE AND THE DOCUMENTATION
-TO THE PLACE WHERE YOU OBTAINED THEM OR DO NOT
-DOWNLOAD THE SOFTWARE. THIS AGREEMENT IS PERSONAL
-TO YOU AND YOU HEREBY AGREE NOT TO TRANSFER THE
-SOFTWARE OR ASSIGN THIS AGREEMENT TO A THIRD PARTY
-WITHOUT PRIOR WRITTEN CONSENT OF CITRIX.
+This is a legal agreement (“AGREEMENT”) between you,
+the Licensed User, and Citrix Systems, Inc., Citrix
+Systems International GmbH, or Citrix Systems Asia
+Pacific Pty Ltd. Your location of receipt of this
+product or feature release (both hereinafter
+“PRODUCT”) determines the providing entity hereunder
+(the applicable entity is hereinafter referred to as
+“CITRIX”). Citrix Systems, Inc., a Delaware
+corporation, licenses this PRODUCT in the Americas
+and Japan. Citrix Systems International GmbH, a
+Swiss company wholly owned by Citrix Systems, Inc.,
+licenses this PRODUCT in Europe, the Middle East,
+and Africa, and licenses the PRODUCT in Asia and the
+Pacific (excluding Japan). BY INSTALLING AND/OR
+USING THE PRODUCT, YOU ARE AGREEING TO BE BOUND BY
+THE TERMS OF THIS AGREEMENT. IF YOU DO NOT AGREE TO
+THE TERMS OF THIS AGREEMENT, DO NOT INSTALL AND/OR
+USE THE PRODUCT.
+1. GRANT OF LICENSE.
+Grant. This PRODUCT contains software that provides
+services on a personal computer or equivalent device
+(“Personal Computer”). This PRODUCT is licensed for
+an unlimited quantity of Personal Computers. CITRIX
+grants to you a worldwide, nonexclusive, perpetual
+right to use the PRODUCT on Personal Computers, but
+with NO RIGHT TO RECEIVE UPDATES, NO WARRANTY and NO
+INFRINGEMENT INDEMNIFICATION. You may make one (1)
+copy of the software and accompanying documentation
+(“SOFTWARE”) in machine-readable form solely for
+backup purposes, provided that you reproduce all
+proprietary notices on the copy.
+2. DESCRIPTION OF OTHER RIGHTS, LIMITATIONS, AND
+OBLIGATIONS. Unless expressly permitted by
+applicable law, you may not transfer, rent,
+timeshare, or lease the SOFTWARE. Except as
+specifically licensed herein, you may not modify,
+translate, reverse engineer, decompile, disassemble,
+create derivative works based on, or copy (except
+for backup as permitted above) the SOFTWARE, except
+to the extent such foregoing restriction is
+expressly prohibited by applicable law. You may not
+remove any proprietary notices, labels, or marks on
+any SOFTWARE. To the extent permitted by applicable
+law, you agree to allow CITRIX to audit your
+compliance with the terms of this AGREEMENT upon
+prior written notice during normal business hours.
+Notwithstanding the foregoing, this AGREEMENT shall
+not prevent or restrict you from exercising
+additional or different rights to any free, open
+source code, documentation and materials contained
+in or provided with the SOFTWARE in accordance with
+the applicable free, open source license for such
+code, documentation, and materials.
+YOU MAY NOT USE, COPY, MODIFY, OR TRANSFER THE
+SOFTWARE OR ANY COPY IN WHOLE OR IN PART, OR GRANT
+ANY RIGHTS IN THE SOFTWARE OR ACCOMPANYING
+DOCUMENTATION, EXCEPT AS EXPRESSLY PROVIDED IN THIS
+AGREEMENT. ALL RIGHTS NOT EXPRESSLY GRANTED ARE
+RESERVED BY CITRIX OR ITS SUPPLIERS.
+You hereby agree, that to the extent that any
+applicable mandatory laws (such as, for example,
+national laws implementing EC Directive 91/250 on
+the Legal Protection of Computer Programs) give you
+the right to perform any of the aforementioned
+activities without the consent of CITRIX to gain
+certain information about the SOFTWARE, before you
+exercise any such rights, you shall first request
+such information from CITRIX in writing detailing
+the purpose for which you need the information. Only
+if and after CITRIX, at its sole discretion, partly
+or completely denies your request, shall you
+exercise your statutory rights.
+3. WARRANTY DISCLAIMER.
+TO THE EXTENT PERMITTED BY APPLICABLE LAW, CITRIX
+AND ITS SUPPLIERS MAKE AND YOU RECEIVE NO WARRANTIES
+OR CONDITIONS, EXPRESS, IMPLIED, STATUTORY, OR
+OTHERWISE; AND CITRIX AND ITS SUPPLIERS SPECIFICALLY
+DISCLAIM WITH RESPECT TO SOFTWARE ANY CONDITIONS OF
+QUALITY, AVAILABILITY, RELIABILITY, SECURITY, LACK
+OF VIRUSES, BUGS, OR ERRORS, AND ANY IMPLIED
+WARRANTIES, INCLUDING, WITHOUT LIMITATION, ANY
+WARRANTY OF TITLE, QUIET ENJOYMENT, QUIET
+POSSESSION, MERCHANTABILITY, NONINFRINGEMENT, OR
+FITNESS FOR A PARTICULAR PURPOSE. THE SOFTWARE IS
+NOT DESIGNED, MANUFACTURED, OR INTENDED FOR USE OR
+DISTRIBUTION WITH ANY EQUIPMENT THE FAILURE OF WHICH
+COULD LEAD DIRECTLY TO DEATH, PERSONAL INJURY, OR
+SEVERE PHYSICAL OR ENVIRONMENTAL DAMAGE. YOU ASSUME
+THE RESPONSIBILITY FOR THE SELECTION OF THE SOFTWARE
+AND HARDWARE TO ACHIEVE YOUR INTENDED RESULTS, AND
+FOR THE INSTALLATION OF, USE OF, AND RESULTS
+OBTAINED FROM THE SOFTWARE AND HARDWARE.
+4. PROPRIETARY RIGHTS. No title to or ownership of
+the SOFTWARE is transferred to you. CITRIX and/or
+its licensors own and retain all title and ownership
+of all intellectual property rights in and to the
+SOFTWARE, including any adaptations or copies. You
+acquire only a limited License to use the SOFTWARE.
+5. EXPORT RESTRICTION. You agree that you will not
+export, re-export, or import the SOFTWARE in any
+form without the appropriate government licenses.
+You understand that under no circumstances may the
+SOFTWARE be exported to any country subject to U.S.
+embargo or to U.S.-designated denied persons or
+prohibited entities or U.S. specially designated
+nationals.
+6. LIMITATION OF LIABILITY. TO THE EXTENT PERMITTED
+BY APPLICABLE LAW, YOU AGREE THAT NEITHER CITRIX NOR
+ITS AFFILIATES, SUPPLIERS, OR AUTHORIZED
+DISTRIBUTORS SHALL BE LIABLE FOR ANY LOSS OF DATA OR
+PRIVACY, LOSS OF INCOME, LOSS OF OPPORTUNITY OR
+PROFITS, COST OF RECOVERY, LOSS ARISING FROM YOUR
+USE OF THE SOFTWARE, OR DAMAGE ARISING FROM YOUR USE
+OF THIRD PARTY SOFTWARE OR HARDWARE OR ANY OTHER
+SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR INDIRECT
+DAMAGES ARISING OUT OF OR IN CONNECTION WITH THIS
+AGREEMENT; OR THE USE OF THE SOFTWARE OR
+ACCOMPANYING DOCUMENTATION; OR YOUR EXPORTATION,
+REEXPORTATION, OR IMPORTATION OF THE SOFTWARE,
+HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY. THIS
+LIMITATION WILL APPLY EVEN IF CITRIX, ITS
+AFFILIATES, SUPPLIERS, OR AUTHORIZED DISTRIBUTORS
+HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH
+DAMAGES. TO THE EXTENT PERMITTED BY APPLICABLE LAW,
+IN NO EVENT SHALL THE LIABILITY OF CITRIX, ITS
+AFFILIATES, SUPPLIERS, OR AUTHORIZED DISTRIBUTORS
+EXCEED $100.00 (U.S.). YOU ACKNOWLEDGE THAT THE
+LICENSE OR SUPPORT FEE REFLECTS THIS ALLOCATION OF
+RISK. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION
+OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR
+CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR
+EXCLUSION MAY NOT APPLY TO YOU. For purposes of this
+AGREEMENT, the term “CITRIX AFFILIATE” shall mean
+any legal entity fifty percent (50%) or more of the
+voting interests in which are owned directly or
+indirectly by Citrix Systems, Inc. Affiliates,
+suppliers, and authorized distributors are intended
+to be third party beneficiaries of this AGREEMENT.
+7. TERMINATION. This AGREEMENT is effective until
+terminated. You may terminate this AGREEMENT at any
+time by removing the SOFTWARE from your computers
+and destroying all copies. CITRIX may terminate this
+AGREEMENT at any time for your breach of this
+AGREEMENT. Unauthorized copying of the SOFTWARE or
+the accompanying documentation or otherwise failing
+to comply with the license grant of this AGREEMENT
+will result in automatic termination of this
+AGREEMENT and will make available to CITRIX all
+other legal remedies. You agree and acknowledge that
+your material breach of this AGREEMENT shall cause
+CITRIX irreparable harm for which monetary damages
+alone would be inadequate and that, to the extent
+permitted by applicable law, CITRIX shall be
+entitled to injunctive or equitable relief without
+the need for posting a bond. Upon termination of
+this AGREEMENT, the License granted herein will
+terminate and you must immediately destroy the
+SOFTWARE and accompanying documentation, and all
+backup copies thereof.
+8. U.S. GOVERNMENT END-USERS. If you are a U.S.
+Government agency, in accordance with Section 12.212
+of the Federal Acquisition Regulation (48 CFR 12.212
+(October 1995)) and Sections 227.7202-1 and
+227.7202-3 of the Defense Federal Acquisition
+Regulation Supplement (48 CFR 227.7202-1, 227.7202-3
+(June 1995)), you hereby acknowledge that the
+SOFTWARE constitutes “Commercial Computer Software”
+and that the use, duplication, and disclosure of the
+SOFTWARE by the U.S. Government or any of its
+agencies is governed by, and is subject to, all of
+the terms, conditions, restrictions, and limitations
+set forth in this standard commercial license
+AGREEMENT. In the event that, for any reason,
+Sections 12.212, 227.7202-1 or 227.7202-3 are deemed
+not applicable, you hereby acknowledge that the
+Government’s right to use, duplicate, or disclose
+the SOFTWARE are “Restricted Rights” as defined in
+48 CFR Section 52.227-19(c)(1) and (2) (June 1987),
+or DFARS 252.227-7014(a)(14) (June 1995), as
+applicable. Manufacturer is Citrix Systems, Inc.,
+851 West Cypress Creek Road, Fort Lauderdale,
+Florida, 33309.
+9. AUTHORIZED DISTRIBUTORS AND RESELLERS. CITRIX
+authorized distributors and resellers do not have
+the right to make modifications to this AGREEMENT or
+to make any additional representations, commitments,
+or warranties binding on CITRIX.
+10. CHOICE OF LAW AND VENUE. If provider is Citrix
+Systems, Inc., this AGREEMENT will be governed by
+the laws of the State of Florida without reference
+to conflict of laws principles and excluding the
+United Nations Convention on Contracts for the
+International Sale of Goods, and in any dispute
+arising out of this AGREEMENT, you consent to the
+exclusive personal jurisdiction and venue in the
+State and Federal courts within Broward County,
+Florida. If provider is Citrix Systems International
+GmbH, this AGREEMENT will be governed by the laws of
+Switzerland without reference to the conflict of
+laws principles, and excluding the United Nations
+Convention on Contracts for the International Sale
+of Goods, and in any dispute arising out of this
+AGREEMENT, you consent to the exclusive personal
+jurisdiction and venue of the competent courts in
+the Canton of Zurich. If provider is Citrix Systems
+Asia Pacific Pty Ltd, this AGREEMENT will be
+governed by the laws of the State of New South
+Wales, Australia and excluding the United Nations
+Convention on Contracts for the International Sale
+of Goods, and in any dispute arising out of this
+AGREEMENT, you consent to the exclusive personal
+jurisdiction and venue of the competent courts
+sitting in the State of New South Wales. If any
+provision of this AGREEMENT is invalid or
+unenforceable under applicable law, it shall be to
+that extent deemed omitted and the remaining
+provisions will continue in full force and effect.
+To the extent a provision is deemed omitted, the
+parties agree to comply with the remaining terms of
+this AGREEMENT in a manner consistent with the
+original intent of the AGREEMENT.
+11. HOW TO CONTACT CITRIX. Should you have any
+questions concerning this AGREEMENT or want to
+contact CITRIX for any reason, write to CITRIX at
+the following address: Citrix Systems, Inc.,
+Customer Service, 851 West Cypress Creek Road, Ft.
+Lauderdale, Florida 33309; Citrix Systems
+International GmbH, Rheinweg 9, CH-8200
+Schaffhausen, Switzerland; or Citrix Systems Asia
+Pacific Pty Ltd., Level 3, 1 Julius Ave., Riverside
+Corporate Park, North Ryde NSW 2113, Sydney,
+Australia.
+12. TRADEMARKS. Citrix and XenClient are trademarks
+and/or registered trademarks of Citrix Systems,
+Inc., in the U.S. and other countries.
-1. License Grant. Citrix grants to You, subject to
-the terms and conditions of this Agreement, a
-temporary, limited, royalty-free, non-transferable,
-non-sublicenseable and non-exclusive license to use,
-for testing purposes only, this Citrix Beta product
-and documentation (hereinafter collectively referred
-to as the "Product"). The Product code must be
-deleted in its entirety within thirty (30) days
-after expiration of the license. Please note that
-the Product may contain a time bomb to prevent use
-beyond the expiration of the license.
-
-2. Term and Termination. This Agreement including
-the license granted hereunder will automatically
-terminate with the timed shut down of the Product.
-In the event that You shall at any time neglect, or
-fail or refuse to comply with the terms of this
-Agreement, Citrix, at its option, may terminate this
-Agreement without prior notice. Either party may
-terminate this Agreement without cause by providing
-thirty (30) days' prior written notice to the other
-party.
-
-3. Delivery of Test Programs. You acknowledge that
-this Agreement shall not create any obligation on
-the part of Citrix to make the Product commercially
-available.
-
-4. Use of Product. You certify that this software
-will only be used for beta testing purposes, and
-will not be rented, leased, sold, sublicensed,
-assigned, or otherwise transferred. Further, You
-certify that You will not transfer or export any
-product, process, or service that is the direct
-product of the software. You shall not use or rely
-on the software, or any excerpts, variations or
-derivations thereof, in connection with the
-development by You of any programs, writings or
-works or in connection with the production of
-products or the performance of services for third
-parties without the prior written authorization of
-Citrix.
-
-5. Title. All right, title and interest in and to
-the Product and all copies and revisions thereof
-shall at all times remain vested in Citrix. You
-shall not, and shall not permit any of Your
-employees to: (i) reproduce or copy any Product
-except as expressly provided in this Agreement; (ii)
-remove any copyright or proprietary notice contained
-or included in the Product; or (iii) decompile,
-disassemble or reverse engineer the Product. You
-shall not incorporate any Product in any product
-designed, developed, marketed, sold or licensed by
-You. You shall not copy, alter or modify the
-Product, or any part thereof, without the prior
-written authorization of Citrix. Your obligations
-hereunder shall not depend on the presence or
-absence of any copyright and/or proprietary legends
-on any Product. All improvements, updates,
-modifications or enhancements ("Revisions") made to
-the Product, whether or not conceived or made in the
-course of or as a result of Your performance
-hereunder, are and shall remain the property of
-Citrix, and You acknowledge and expressly agree that
-any contribution in the form of services,
-suggestions, ideas, reports, listing of defects or
-deficiencies, expenditures, logs or otherwise by You
-to any Revision shall not give or grant You any
-right, title or interest in any such Revision. You
-agree to allow Citrix to incorporate into any
-commercial product derived from a Product any
-suggested Revisions of any kind, without
-compensation and without retention by You of any
-proprietary claim. Further, Citrix shall be free to
-use, disclose, reproduce, license or otherwise
-distribute the Revisions as it sees fit, without
-obligation or restriction of any kind.
-
-6. Maintenance. Citrix shall be under no obligation
-to make any tests, revisions, or repairs to the
-Product requested by You, or to maintain any Product
-at any desired level of performance, or to keep it
-in operating condition, or even to continue to
-market or sell the Product.
-
-7. Disclaimer of Warranty and Risk of Use. It is
-understood by You that the Product MAY CONTAIN
-DEFECTS and that CITRIX MAKES NO EXPRESS OR IMPLIED
-REPRESENTATIONS OR WARRANTIES WHATSOEVER REGARDING
-ITS USE, PERFORMANCE, OPERATION OR SUPPORT. By way
-of example, but not of limitation, CITRIX MAKES NO
-REPRESENTATIONS OR WARRANTIES OF NONINFRINGEMENT,
-MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
-USER ACKNOWLEDGES THAT THE PRODUCT IS DELIVERED ON
-AN "AS IS" BASIS AND THAT USER'S USE OF THE PRODUCT
-SHALL BE AT USER'S SOLE RISK. USER SHALL HAVE THE
-SOLE RESPONSIBILITY FOR ADEQUATE PROTECTION AND
-BACK-UP OF ANY DATA USED IN CONNECTION WITH THE
-TESTING OF THE PRODUCT.
-
-8. Limitation of Liability. YOU AGREE THAT IN NO
-EVENT SHALL CITRIX BE LIABLE FOR (i) SPECIAL,
-INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES SUCH
-AS, BUT NOT LIMITED TO, EQUIPMENT DOWN-TIME, LOSS OF
-DATA, LOST PROFITS, OR EXEMPLARY OR PUNITIVE
-DAMAGES, WHETHER OR NOT FORESEEABLE AND EVEN IF
-CITRIX OR ITS REPRESENTATIVE HAS BEEN ADVISED OF THE
-POSSIBILITY OF SUCH DAMAGES, OR (ii) ANY OTHER
-CLAIM, DEMAND OR DAMAGES WHATSOEVER RESULTING FROM
-OR ARISING OUT OF OR IN CONNECTION WITH THIS
-AGREEMENT OR ITS TERMINATION, OR THE DELIVERY, USE
-OR PERFORMANCE OF THE PRODUCT, WHETHER IN AN ACTION
-IN CONTRACT, TORT, INCLUDING NEGLIGENCE, OR
-OTHERWISE. CITRIX SHALL IN NO EVENT BE LIABLE FOR
-DAMAGES WHICH EXCEED $100.00.
-
-9. Confidentiality. The Product and Citrix’s
-communications to You about the Product are the
-Confidential Information of Citrix. You shall
-maintain the Confidential Information in confidence
-and disclose the Confidential Information only to
-Your employees, subcontractors and consultants who
-have a need to know such Confidential Information in
-order to use the Product for beta testing purposes,
-and who have signed confidentiality agreements with
-You at least as restrictive as this Agreement. You
-remain responsible for breaches of this Agreement
-arising from the acts of Your employees,
-subcontractors and consultants. The Confidential
-Information is to be used only for the purpose of
-beta testing the Product. Your duty to protect the
-Confidential Information expires three years from
-the date you received it, or when the Confidential
-Information is made public by Citrix. You shall
-protect Confidential Information by using the same
-degree of care as You use to protect Your own
-information of a like nature, but no less than a
-reasonable degree of care, to prevent the
-unauthorized use, disclosure, dissemination, or
-publication of the Confidential Information. You
-shall promptly return or certify destruction of all
-copies of Confidential Information upon request by
-Citrix or upon the expiration or earlier termination
-of this Agreement.
-
-10. Survival. Your obligations under Section 4, Use
-of Product, and the provisions of Section 5, Title,
-Section 7, Disclaimer of Warranty and Risk of Use,
-Section 8, Limitation of Liability, and Section 9,
-Confidentiality, hereof shall survive termination or
-expiration of this Agreement.
-
-11. Equitable Relief. You hereby acknowledge that
-unauthorized disclosure or use of the Product would
-cause irreparable harm and significant injury to
-Citrix that may be difficult to ascertain.
-Accordingly, You agree that Citrix will have the
-right to obtain immediate injunctive relief to
-enforce Your obligations under this Agreement in
-addition to any other rights and remedies Citrix may
-have.
-
-12. Notices. Any notice, request, instruction, or
-other document to be given by a party under this
-Agreement shall be delivered to the other party (i)
-in person, (ii) by one day express courier service,
-(iii) by first class mail, certified or registered,
-return receipt requested, or (iv) by telex or
-telefax (such telex or telefax to be confirmed
-within 12 hours by letter posted by first class
-mail, certified or registered, return receipt
-requested, or by one day express courier service).
-
-13. Miscellaneous. This Agreement contains the
-entire understanding of the parties with respect to
-the matters contained herein. There are no
-promises, covenants or undertakings other than those
-expressly set forth herein. This Agreement may not
-be modified except by a writing, executed by
-authorized representatives of Citrix and You. This
-Agreement and the other licenses granted hereby are
-not assignable by You without the prior express
-written consent of Citrix. The headings and
-captions contained herein shall not be considered to
-be part hereof for purposes of interpretation or
-application hereof, but are for convenience only.
-This Agreement shall be governed by and construed
-and enforced in accordance with the internal laws of
-the State of Florida, without giving effect to the
-principles of conflicts of laws of such state, and
-shall be binding upon the parties hereto in the
-United States and worldwide. Any claims or legal
-actions by one party against the other arising under
-this Agreement or concerning any rights under this
-Agreement shall be commenced and maintained in any
-state or federal court located in the State of
-Florida and both parties hereby submit to the
-jurisdiction and venue of any such court.
projects / xenclient / build.git / commitdiff