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authorwiz <wiz>2005-09-29 13:12:45 +0000
committerwiz <wiz>2005-09-29 13:12:45 +0000
commitb999a8e876ef8dcd846aaf87ff50380637d2d767 (patch)
tree40dc7084445f19e863a56f63b78443bfcfa06e3e /licenses
parent50238736b7ac486206d2c5a04462b390a1946d62 (diff)
downloadpkgsrc-b999a8e876ef8dcd846aaf87ff50380637d2d767.tar.gz
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+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.