CITRIX SYSTEMS, INC. CLIENT SOFTWARE LICENSE AGREEMENT
This is a legal agreement (AGREEMENT) between you, the licensed user or the authorized representative of the licensed user, and Citrix Systems, Inc. (CITRIX).
BY DOWNLOADING, INSTALLING, COPYING OR OTHERWISE USING THIS PACKAGE 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 THIS SOFTWARE.
1GRANT 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 the user the following non-exclusive rights to the Client Software and accompanying documentation (collectively called the "SOFTWARE"):
a) Installation, Use, and Transfer of Client Software. The licensed user may use the Client Software to access a Server. The licensed user may install anduse the Client Software on an unlimited number of computers operating remotely or on one or more networks. However, the number of concurrent logins to the Server will be limited to the number of user logins that the licensed user is entitled to based on the licensed user's purchase of CITRIX licenses for the Server and any additional CITRIX User License Packs which increase the number of allowable concurrent logins. Any attempt to defeat or circumvent these software-enforced login limitations is a breach of this AGREEMENT. The media on which the Client Software resides may contain several copies of the Client Software, each of which is compatible with a different personal computer or operating system. The licensed user may install the Client Software for use with any of thosesystems at any given time. The licensed user may make copies of the SOFTWARE in machine readable form, provided that the licensed user reproduces all proprietary notices on the copy.
b) Export Notice. The licensed user may not export or re-export the SOFTWARE in any form without the appropriate United States and foreign government licenses. The licensed user is responsible for maintaining the security of the environment in which the SOFTWARE is used. None of the SOFTWARE or underlying information or technology may be exported or re-exported (i) into (or to a national or resident of) Cuba, Iraq, Libya, Sudan, North Korea, Iran, Syria or any other country to which the United States has embargoed goods; or (ii) to anyone on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Commerce Department's Table of Denial Orders. By installing or using the SOFTWARE, the licensed user is agreeing to the foregoing and is representing and warranting that such licensed user is not located in, under the control of, or a national or resident of any such country or on any such list. In addition, the licensed user is responsible for complying with any local laws in such licensed user's jurisdiction which may impact such licensed user's right to import, export or use the SOFTWARE. If the SOFTWARE is identified as a North American or not-for-export product (for example, on the box, media or in the installation process), then, unless the licensed user has an exemption from the United States Department of State, the following applies:
EXCEPT FOR EXPORT TO CANADA FOR USE IN CANADA BY CANADIAN CITIZENS, THE SOFTWARE AND ANY UNDERLYING TECHNOLOGY MAY NOT BE EXPORTED OUTSIDE THE UNITED STATES OR TO ANY FOREIGN ENTITY OR "FOREIGN PERSON" AS DEFINED BY U.S. GOVERNMENT REGULATIONS, INCLUDING WITHOUT LIMITATION, ANYONE WHO IS NOT A CITIZEN, NATIONAL OR LAWFUL PERMANENT RESIDENT OF THE UNITED STATES. BY INSTALLING OR USING THE SOFTWARE, THE LICENSED USER IS AGREEING TO THE FOREGOING AND THE LICENSED USER IS WARRANTING THAT SUCH LICENSED USER IS NOT A "FOREIGN PERSON" OR UNDER THE CONTROL OF A "FOREIGN PERSON." THE LICENSED USER ALSO AGREES NOT TO INSTALL "STRONG" ENCRYPTION (defined as encryption using a key of greater than 40 bits) ON ANY COMPUTERS THAT RESIDE OR COULD TEMPORARILY RESIDE IN A COUNTRY OTHER THAN THE UNITED STATES AND CANADA.
c) Other. Notice to Users - The licensed user 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," this license only permits use for demonstration, test, or evaluation purposes.
2. DESCRIPTION OF OTHER RIGHTS AND LIMITATIONS. For all SOFTWARE - The licensed user may not rent or lease the SOFTWARE, but the licensed user may transfer the SOFTWARE and accompanying written materials on a permanent basis, provided no copies are retained and the recipient agrees to the terms of this AGREEMENT. The licensed user may not modify, translate, reverse engineer, decompile, or disassemble, create derivative works based on, or copy (except for the backup copy of the SOFTWARE) any part of the SOFTWARE, except to the extent such foregoing restriction is expressly prohibited by applicable law. The licensed user may not remove any proprietary notices, labels, or marks on the SOFTWARE and accompanying documentation.
THE LICENSED USER 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 LICENSE.
ALL RIGHTS NOT EXPRESSLY GRANTED ARE RESERVED BY CITRIX OR ITS SUPPLIERS.
LIMITED WARRANTY AND DISCLAIMER. CITRIX warrants that, for a period of ninety (90) days from the date of delivery of the SOFTWARE to the licensed user as evidenced by a copy of the licensed user's receipt, the media on which the SOFTWARE is furnished under normal use will be free from defects in materials and workmanship. CITRIX and its suppliers' entire liability and the licensed user's exclusive remedy under this warranty (which is subject to the licensed user's return of the SOFTWARE to CITRIX or an authorized reseller with a copy of the licensed user's receipt) 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 THE LICENSED USER RECEIVES NO WARRANTIES OR CONDITIONS, EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, AND CITRIX AND ITS SUPPLIERS SPECIFICALLY DISCLAIM ANY IMPLIED WARRANTIES OF MERCHANTABILITY, NONINFRINGEMENT, TITLE, AND FITNESS FOR A PARTICULAR PURPOSE. CITRIX does not warrant that the SOFTWARE will be uninterrupted or error free. The licensed user assumes the responsibility for the selection of the software and hardware to achieve the licensed user's intended results; and for the installation, use, and results obtained from the SOFTWARE.
PROPRIETARY RIGHTS. This license is not a sale. Title and copyrights to the SOFTWARE, accompanying documentation and any copy made by the licensed user remain with CITRIX or its suppliers.
LIMITATION OF LIABILITY. IN NO EVENT WILL CITRIX OR ITS SUPPLIERS 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 FROM 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 SUPPLIERS OR AUTHORIZED DISTRIBUTORS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. IN NO EVENT SHALL THE LIABILITY OF CITRIX EXCEED THE AMOUNT PAID FOR THE LICENSED SOFTWARE AT ISSUE. THE LICENSED USER ACKNOWLEDGES THAT THE LICENSE FEE REFLECTS THIS ALLOCATION OF RISK. SOME STATES DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO THE LICENSED USER.
TERMINATION. This AGREEMENT is effective until terminated. The licensed user may terminate this AGREEMENT at any time by removing the SOFTWARE from such licensed user's computer and destroying all copies of it. 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 the licensed user must immediately destroy the SOFTWARE and accompanying documentation, and all backup copies thereof.
GOVERNMENT END-USERS. The SOFTWARE and accompanying documentation are "commercial items," developed exclusively at private expense, consisting of "commercial computer software" and "commercial computer software documentation" as such terms are defined in the applicable acquisition regulations. If the SOFTWARE and the documentation are licensed hereunder for distribution to Government End-Users, such SOFTWARE and documentation are licensed (i) only as a commercial item, and (ii) with only those rights as are granted to all other end users pursuant to the terms and conditions of this Agreement. If this Agreement fails to meet a Government End-User's minimum needs or is inconsistent with Federal Procurement law, the licensed user agrees to notify Citrix. The following additional statement applies only to procurements governed by DFARS Subpart 227.4 (1988): "Restricted Rights - Use, duplication, and disclosure by the Government is subject to restrictions set forth in subparagraph (c)(1)(ii) of the Rights in Technical Data and Computer Software clause at DFARS 252.227-7013 (1988)."
This AGREEMENT will be governed by the laws of the State of Florida, without reference to conflict of laws principles. In any dispute arising out of this AGREEMENT, the licensed user and CITRIX each consent to the exclusive personal jurisdiction and venue in the State and Federal courts within Broward County, Florida.
Should you have any questions concerning this AGREEMENT, or if you desire to contact Citrix Systems, Inc. for any reason, please write: Citrix Systems,Inc., Customer Service, 6400 Northwest Sixth Way, Fort Lauderdale, Florida, 33309.