-This is an early access PRIVATE BETA release of
-XenClient.
+CITRIX SYSTEMS, INC.
+BETA AGREEMENT
-This is pre-release, unsupported software and should
-not be used in an environment where data loss is not
-expected or acceptable.
+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.
-Any software or data installed is vulnerable to
-irrevocable loss at any time. This system should not
-be connected to any production network.
+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.
-This is a EULA placeholder, where the legal EULA will
-be displayed in the release version.
+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.
-Your interest and feedback is sincerely appreciated.
+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