OS/2 Shareware BBS: OtherApp/OtherApp.zip/icav6012.zip/EULA.txt

Text File | 2001-09-10 | 10KB | 193 lines

CITRIX CLIENT SOFTWARE LICENSE AGREEMENT

This is a legal agreement ("AGREEMENT") between you, the
Licensed User or representative of the Licensed User and
Citrix Systems, Inc. or Citrix Systems International GmbH.
Citrix Systems, Inc., a Delaware corporation, markets and
supports the attached client software in the Americas.
Citrix Systems International GmbH, a Swiss company wholly
owned by Citrix Systems, Inc., markets and supports the
client software in Europe, the Middle East, Africa, Asia
and the Pacific.  Your location of receipt of the client
software determines which is the licensing entity hereunder
(the applicable entity is hereinafter referred to as "CITRIX").
BY DOWNLOADING, INSTALLING, COPYING OR OTHERWISE
USING THE ATTACHED CLIENT SOFTWARE, YOU ARE INDICATING
THAT YOU ARE AUTHORIZED TO BIND THE LICENSED USER IN
CONTRACT AND THAT THE LICENSED USER ACCEPTS THE TERMS
OF THIS AGREEMENT. IF YOU, AS THE LICENSED USER OR
REPRESENTATIVE OF THE LICENSED USER DO NOT AGREE TO
THE TERMS OF THIS AGREEMENT, DO NOT DOWNLOAD, INSTALL,
COPY OR OTHERWISE USE THE CLIENT SOFTWARE.

1. GRANT OF LICENSE.  This CITRIX product contains software
("Client Software") that allows a computer to access or
utilize the services provided by a computer called a Server.
CITRIX grants to you the following non-exclusive rights to
the Client Software and accompanying documentation
(collectively called the "SOFTWARE"):

a) Installation, Use, and Transfer of Client Software. You may
install and use the Client Software on an unlimited number of
client devices and make a reasonable number of back-up copies.

b) Other.  Notice to Users - You shall inform all users of the
SOFTWARE of the terms and conditions of this AGREEMENT.
Not For Resale Software - If this SOFTWARE is labeled "Not For
Resale" or "NFR", your license only permits use for
demonstration, test, or evaluation purposes.

2. DESCRIPTION OF OTHER RIGHTS AND LIMITATIONS. You may not
rent or lease the SOFTWARE, but you may transfer the SOFTWARE
on a permanent basis, provided you retain no copies and the
recipient agrees to the terms of this AGREEMENT. You may not
modify, translate, reverse engineer, decompile, or disassemble,
create derivative works based on, or copy (other than as
expressly 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 the SOFTWARE and accompanying documentation.
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 CITRIX's consent in order to
gain certain information about the SOFTWARE for purposes
specified in the respective statutes, 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.
If you are a U.S. Government agency, in accordance with Section
12.212 of the Federal Acquisition Regulation (48 CFR 12.212),
you hereby acknowledge that use, duplication and disclosure
of the SOFTWARE by the U.S. Government or any of its agencies
is governed by, and subject to, all of the terms, conditions,
restrictions and limitations set forth in this AGREEMENT.
In the event that, for any reason, Section 12.212 is not
applicable, you hereby acknowledge that use, duplication and
disclosure of the SOFTWARE by U.S. Government agencies is
subject to the Commercial Computer Software Restricted Rights
clause at 48 CFR Section 52.227-19(c)(1) and (2), or the Rights
in technical Data and Computer Software clause at DFARS
252.227-7013, as applicable.  Manufacturer is Citrix
Systems, Inc., 6400 Northwest Sixth Way, Fort Lauderdale,
Florida, 33309.
If you have downloaded the SOFTWARE, your right to use the
SOFTWARE as provided in this AGREEMENT, shall arise at the
location of the computer on which the SOFTWARE is first used
(the "destination computer") after you accept and agree to
the terms of this AGREEMENT.  Delivery of the SOFTWARE
copy(ies) and documentation supplied hereunder shall be
deemed to occur when download is completed successfully
at the destination computer.
ALL RIGHTS NOT EXPRESSLY GRANTED UNDER THIS AGREEMENT ARE
RESERVED BY CITRIX OR ITS SUPPLIERS.

3. 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 Client 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 CITRIX's option, to replace the media
or to refund the purchase price and terminate this AGREEMENT.
EXCEPT FOR THE ABOVE EXPRESS LIMITED WARRANTIES, CITRIX AND
ITS SUPPLIERS MAKE AND YOU RECEIVE NO WARRANTIES OR
CONDITIONS, EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, AND
CITRIX AND ITS SUPPLIERS SPECIFICALLY DISCLAIM ANY CONDITIONS
OF QUALITY AND ANY IMPLIED WARRANTIES, INCLUDING, WITHOUT
LIMITATION, ANY WARRANTY OF MERCHANTABILITY, NONINFRINGEMENT,
OR FITNESS FOR A PARTICULAR PURPOSE.  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.  CITRIX DOES NOT WARRANT THAT USE OF
THE SOFTWARE WILL BE UNINTERRUPTED OR ERROR FREE.

4. Proprietary Rights. Copyrights and all other intellectual
property rights in the SOFTWARE and accompanying documentation
and any copies made by you remain with CITRIX or its suppliers.

5. 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, LOSS OF INCOME, LOSS OF
OPPORTUNITY OR PROFITS, COST OF RECOVERY 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, 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.  IN NO
EVENT SHALL THE LIABILITY OF CITRIX, ITS AFFILIATES, SUPPLIERS
OR AUTHORIZED DISTRIBUTORS EXCEED THE AMOUNT PAID FOR THE
LICENSED 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.

6. Export Restriction.  You agree that you will not export or
re-export the SOFTWARE in any form without the appropriate
government licenses.  Your failure to comply with this
provision is a material breach of this AGREEMENT.

7. Termination.  This AGREEMENT is effective until terminated.
You may terminate this AGREEMENT at any time by removing from
your computer and destroying all copies of the SOFTWARE.
Unauthorized copying of the SOFTWARE or the accompanying
documentation or otherwise failing to comply with the terms
and conditions of this AGREEMENT will result in automatic
termination of this license and will make available to CITRIX
other legal remedies. 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.

8. Choice of Law, Personal Jurisdiction and Venue.  If licensor
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 licensor
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 Zürich.  Notwithstanding
the foregoing, CITRIX shall have the right to pursue protection
of its intellectual property rights in any court of
competent jurisdiction.

Should you have any questions concerning this AGREEMENT, or
wish to contact licensor for any reason, please write to
licensor at the following address:
Citrix Systems, Inc.,
Customer Service, 6400 Northwest Sixth Way,
Fort Lauderdale, Florida, 33309;
or Citrix Systems International GmbH,
Rheinweg 9, CH-8200 Schaffhausen, Switzerland.


Click CONTINUE to accept this AGREEMENT
(accept this agreement to proceed).

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