From: Christopher Clark Date: Thu, 3 Dec 2009 19:15:35 +0000 (+0000) Subject: XC-696: Proper legal EULA for Private Beta into host installer X-Git-Url: http://xenbits.xen.org/gitweb?a=commitdiff_plain;h=ff3ff87078e0dbce08ec0037255d0a31b767eee8;p=xenclient%2Fbuild.git XC-696: Proper legal EULA for Private Beta into host installer --- diff --git a/target/generic/target_xenclient_installer_skeleton/install/eula.txt b/target/generic/target_xenclient_installer_skeleton/install/eula.txt index 3101e05..34a1e4a 100644 --- a/target/generic/target_xenclient_installer_skeleton/install/eula.txt +++ b/target/generic/target_xenclient_installer_skeleton/install/eula.txt @@ -1,15 +1,215 @@ -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.