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author | wiz <wiz@pkgsrc.org> | 2005-09-29 13:12:45 +0000 |
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committer | wiz <wiz@pkgsrc.org> | 2005-09-29 13:12:45 +0000 |
commit | 54ae0df6060858f52820a7d511527286f9c0c56b (patch) | |
tree | 40dc7084445f19e863a56f63b78443bfcfa06e3e /licenses/citrix_ica-license | |
parent | 78e093c1a61f3b39c33adc28085ecd3d9b8db08c (diff) | |
download | pkgsrc-54ae0df6060858f52820a7d511527286f9c0c56b.tar.gz |
Add license file for net/citrix_ica.
Diffstat (limited to 'licenses/citrix_ica-license')
-rw-r--r-- | licenses/citrix_ica-license | 342 |
1 files changed, 342 insertions, 0 deletions
diff --git a/licenses/citrix_ica-license b/licenses/citrix_ica-license new file mode 100644 index 00000000000..cc4a9ecd7cb --- /dev/null +++ b/licenses/citrix_ica-license @@ -0,0 +1,342 @@ +CITRIX(R) LICENSE AGREEMENT + +This is a legal agreement ("AGREEMENT") between you, the Licensed +User, and Citrix Systems, Inc., or Citrix Systems International GmbH. +Your location of receipt of this PRODUCT determines the licensing +entity hereunder (the applicable entity is hereinafter referred to as +"CITRIX"). Citrix Systems, Inc., a Delaware corporation, markets and +supports this product or feature release (both hereinafter "PRODUCT") +in the Americas. Citrix Systems International GmbH, a Swiss company +wholly owned by Citrix Systems, Inc., markets and supports this +PRODUCT in Europe, the Middle East, Africa, Asia, and the Pacific. BY +SELECTING "I ACCEPT" BELOW, YOU ARE AGREEING TO BE BOUND BY THE TERMS +OF THIS AGREEMENT. IF YOU DO NOT AGREE TO THE TERMS OF THIS +AGREEMENT, SELECT "I DO NOT ACCEPT" BELOW AND DO NOT INSTALL OR USE +THE PRODUCT. + +1. GRANT OF LICENSE. This PRODUCT contains software that +provides services on a computer called a server ("Server Software") +and may contain software that allows a computer to access or utilize +the services provided by the Server Software ("Client Software"). +This PRODUCT is licensed under a concurrent user model. Server +Software is activated by user licenses that allow use of the Server +Software in increments defined by the license model ("User +Licenses"). Client Software is not activated by User Licenses but +will not operate in conjunction with the Server Software without the +Server Software being activated. User Licenses for other Citrix +products or other editions of the same PRODUCT may not be used to +increase the allowable use for the PRODUCT. CITRIX grants to you the +following worldwide, non-exclusive and perpetual rights (except as +subject to termination as set forth below and as to Evaluation +PRODUCTS) to the Server Software and Client Software, if any, and +accompanying documentation (collectively called the "SOFTWARE"): + +a. Server Software. You may install and use the Server Software +on one or more computers ("Server(s)"). Each User License for the +Server Software may be installed and used only on a single license +server within your production environment and a single license server +within your disaster recovery environment. The Server Software may be +used only to support up to the allowable number of ICA, RDP, or other +managed connections within each environment based on your total +purchases of User Licenses. Each User License that is installed in +both a production and disaster recovery environment may be used only +in one of the environments at any one time, except for duplicate use +during routine testing of the disaster recovery environment. + +b. Client Software. The Client Software, if any, may be +installed and used on an unlimited number of Client Devices. You may +use the Client Software only to access the Server Software up to the +allowable number of connections based on your total purchase of User +Licenses. + +c. MetaFrame Presentation Server, Enterprise Edition, Component +Limitations on Use. The "Web Interface Extension" of Enterprise +Edition Server Software may be used only in support of Enterprise +Edition Servers or MetaFrame Presentation Server for UNIX(R) +Operating Systems Servers. The "Installer" component of the +Enterprise Edition Server Software may be installed only on a Server +on which Enterprise Edition is installed. The "Packager" component of +Enterprise Edition Server Software may be installed and used only +with a Server on which Enterprise Edition is installed, or with +Microsoft(R) Windows(R) NT Server 4.0, Terminal Server Edition, +Windows 2000 Server or Windows Server 2003, Standard Edition, Windows +2000 Advanced Server or Windows Server 2003, Enterprise Edition, or +Windows 2000 Datacenter Server or Windows Server 2003, Datacenter +Edition or their successors. The "Installer" component may be +installed on a separate Server from the "Packager" component as +recommended in the accompanying documentation. + +d. Microsoft License. If you access terminal server +functionality provided by Microsoft operating system products, you +need to purchase additional licenses to use such products. Consult +the license agreements for the Microsoft operating system products +you are using to determine which licenses you must acquire. + +e. Not For Resale. If this SOFTWARE is labeled "Not For Resale," +notwithstanding any term to the contrary in this Agreement, your +license permits use only if you are a current Citrix authorized +distributor or reseller and then only for demonstration, test, or +evaluation purposes in support of your customers. Not for Resale +Software may not be used for customer training. Note that Not for +Resale SOFTWARE disables itself on the "time-out" date identified on +the SOFTWARE packaging. + +f. Evaluation. If this SOFTWARE is labeled "Evaluation," +notwithstanding any term to the contrary in this Agreement, your +license permits use only for your internal demonstration, test, or +evaluation purposes. Note that Evaluation SOFTWARE disables itself on +the "time-out" date identified on the SOFTWARE packaging. + +g. Developers' Edition. If this SOFTWARE is labeled "Developers' +Edition," notwithstanding any term to the contrary in this Agreement, +your license permits use only for your internal development of +product(s) to operate in conjunction with the SOFTWARE. You receive +no license hereunder to incorporate the SOFTWARE or any portion +thereof in your own product(s). + +h. Archive Copy. You may make one (1) copy of the SOFTWARE in +machine-readable form solely for back-up purposes, provided that you +reproduce all proprietary notices on the copy. + +2. HOSTING RIGHTS. You may use the Server Software to provide +application services to third parties ("Hosting"). As a part of such +Hosting, you may copy and distribute the Client Software, with its +electronic, click-to-accept license, to such third parties. + +3. SUBSCRIPTION RIGHTS. Your subscription for the SOFTWARE +("Subscription") shall begin on the date the User Licenses are +delivered to you by e-mail. Should User Licenses be delivered to you +on a tangible license card, Subscription shall instead begin on the +date you request that the User Licenses be allocated to you through +mycitrix.com. Subscription shall continue for a term of one year +thereafter unless terminated sooner (the "Subscription Term"). During +the Subscription Term, CITRIX may, from time to time, generally make +Updates available for licensing to the public. For the purposes of +this AGREEMENT, an Update shall mean a generally available release of +the same SOFTWARE. Upon general availability of Updates during the +Subscription Term, CITRIX shall provide you with one (1) copy of each +such Update for each copy of the SOFTWARE originally licensed to you +pursuant to this AGREEMENT to support up to the number of User +Licenses you are entitled to based on your purchase of Subscription +for such User Licenses, without additional charge. Any such Updates +so delivered to you shall be considered SOFTWARE under the terms of +this AGREEMENT, except they are not covered by the Limited Warranty +applicable to SOFTWARE, to the extent permitted by applicable law. + +You acknowledge that CITRIX may develop and market new or different +computer programs or editions of the SOFTWARE that use portions of +the SOFTWARE and that perform all or part of the functions performed +by the SOFTWARE. Nothing contained in this AGREEMENT shall give you +any rights with respect to such new or different computer programs or +editions. You also acknowledge that CITRIX is not obligated under +this AGREEMENT to make any Updates available to the public. Any +deliveries of Updates shall be Exworks CITRIX (Incoterms 2000). + +4. DESCRIPTION OF OTHER RIGHTS, LIMITATIONS AND OBLIGATIONS. +Unless expressly permitted by applicable law, you may not rent, +timeshare, or lease the SOFTWARE, but you may make a permanent +transfer of the SOFTWARE and accompanying written materials to a +third party, provided you promptly notify Citrix of the transfer and +retain no copies and the third party agrees to the terms of this +AGREEMENT prior to the transfer. If you purchased User Licenses in +the SOFTWARE to replace other Citrix licenses for other Citrix +software and such replacement is a condition of the transaction, you +agree to destroy those other Citrix licenses and retain no copies +after installation of the new User Licenses and SOFTWARE. You shall +provide the serial numbers of such replaced licenses and +corresponding replacement User Licenses to the reseller, and upon +request, directly to Citrix for license tracking purposes. If the +SOFTWARE is the Web Interface for Presentation Server, you may use +the scripting capability to customize the look, feel, and +functionality of the SOFTWARE. You may not otherwise modify, +translate, reverse engineer, decompile, disassemble, create +derivative works based on, or copy (except for back-up 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. + +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. + +5. INFRINGEMENT INDEMNIFICATION. Citrix shall indemnify and +defend, or at its option, settle any claim, suit or proceeding +brought against you based on an allegation that the SOFTWARE +infringes upon any patent or copyright of any third party +("Infringement Claim"), provided you promptly notify Citrix in +writing of your notification or discovery of an Infringement Claim +such that Citrix is not prejudiced by any delay in such notification. +Citrix will have sole control over the defense or settlement of any +Infringement Claim and you will provide reasonable assistance in the +defense of the same. Following notice of an Infringement Claim, or if +Citrix believes such a claim is likely, Citrix may at its sole +expense and option: (i) procure for you the right to continue to use +the alleged infringing SOFTWARE; (ii) replace or modify the SOFTWARE +to make it non-infringing; or (iii) accept return of the SOFTWARE and +provide you with a refund as appropriate. Citrix assumes no liability +for any Infringement Claims or allegations of infringement based on: +(i) your use of any SOFTWARE after notice that you should cease use +of such SOFTWARE due to an Infringement Claim; (ii) any modification +of the SOFTWARE by you or at your direction; or (iii) your +combination of SOFTWARE with non-Citrix programs, data, hardware, or +other materials, if such Infringement Claim would have been avoided +by the use of the SOFTWARE alone. THE FOREGOING STATES YOUR EXCLUSIVE +REMEDY WITH RESPECT TO ANY INFRINGEMENT CLAIM. + +6. LIMITED WARRANTY AND DISCLAIMER. CITRIX warrants that, for a +period of ninety (90) days from the date of delivery of the SOFTWARE +to you, the media on which the SOFTWARE is furnished, if any, under +normal use will be free from defects in materials and workmanship, +and that the SOFTWARE will perform substantially in accordance with +the CITRIX product documentation published by CITRIX and included +with the SOFTWARE. CITRIX and its suppliers' entire liability and +your exclusive remedy under this warranty (which is subject to you +returning the SOFTWARE to CITRIX or an authorized reseller) will be, +at the sole option of CITRIX and subject to applicable law, to +replace the media and/or SOFTWARE or to refund the purchase price and +terminate this AGREEMENT. + +TO THE EXTENT PERMITTED BY APPLICABLE LAW AND EXCEPT FOR THE ABOVE +LIMITED WARRANTY FOR SOFTWARE, 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 AND SUBSCRIPTION 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, NON-INFRINGEMENT, 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. + +7. 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. + +8. 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 US embargo or to US designated +denied persons or prohibited entities or US specially designated +nationals. + +9. 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 PARTICIPATION IN HOSTING OR 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, REFERENCE MATERIALS, OR +ACCOMPANYING DOCUMENTATION, OR YOUR EXPORTATION, RE-EXPORTATION, 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 THE AMOUNT PAID FOR THE +SOFTWARE AT ISSUE. YOU ACKNOWLEDGE THAT THE LICENSE 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. + +10. 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 and providing written +notice to Citrix with the serial numbers of the terminated licenses. +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 back-up copies thereof. + +11. 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. + +12. 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. + +13. CHOICE OF LAW AND VENUE. If licensor is Citrix Systems, Inc., +this AGREEMENT is 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 licensor is Citrix +Systems International GmbH, this AGREEMENT is 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 any +provision of this Agreement is invalid or unenforceable under +applicable law, then 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. + +14. 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; or Citrix Systems International GmbH, Rheinweg 9, +CH-8200 Schaffhausen, Switzerland. + +15. TRADEMARKS. Citrix, MetaFrame, and MetaFrame XP are +registered trademarks of Citrix Systems, Inc., in the US and other +countries. Microsoft and Windows are registered trademarks of +Microsoft Corporation in the US and other countries. |