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437 lines
35 KiB
HTML
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<p class="MsoNormal" style="margin-bottom:12.0pt;text-autospace:none"><span style="font-size:13.0pt;font-family:"Times New Roman"">CITRIX® LICENSE
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AGREEMENT</span></p>
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<p class="MsoNormal" style="margin-bottom:12.0pt;text-autospace:none"><span style="font-size:13.0pt;font-family:"Times New Roman"">This is a legal
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agreement ("AGREEMENT") between you, the Licensed User, and Citrix
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Systems, Inc., Citrix Systems International GmbH, or Citrix Systems Asia
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Pacific Pty Ltd. Your location of receipt of this product or feature release
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(both hereinafter "PRODUCT") or technical support (hereinafter
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"SUPPORT") determines the providing entity hereunder (the applicable
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entity is hereinafter referred to as "CITRIX"). Citrix Systems, Inc.,
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a Delaware corporation, licenses this PRODUCT in the Americas and Japan and
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provides SUPPORT in the Americas. Citrix Systems International GmbH, a Swiss
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company wholly owned by Citrix Systems, Inc., licenses this PRODUCT and
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provides SUPPORT in Europe, the Middle East, and Africa, and licenses the
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PRODUCT in Asia and the Pacific (excluding Japan). Citrix Systems Asia Pacific
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Pty Ltd. provides SUPPORT in Asia and the Pacific (excluding Japan). Citrix
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Systems Japan KK provides SUPPORT in Japan. BY INSTALLING AND/OR USING THE
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PRODUCT, YOU ARE AGREEING TO BE BOUND BY THE TERMS OF THIS AGREEMENT. IF YOU DO
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NOT AGREE TO THE TERMS OF THIS AGREEMENT, DO NOT INSTALL AND/OR USE THE
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PRODUCT.</span></p>
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<p class="MsoNormal" style="margin-bottom:12.0pt;text-autospace:none"><span style="font-size:13.0pt;font-family:"Times New Roman"">1. GRANT OF LICENSE. The
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PRODUCT is the Citrix proprietary software program in object code form
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distributed hereunder. This PRODUCT is licensed under a CPU socket model. The
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PRODUCT is activated by licenses that allow use of the Software in increments
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defined by the license model ("Licenses").</span></p>
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<p class="MsoNormal" style="margin-bottom:12.0pt;text-autospace:none"><span style="font-size:13.0pt;font-family:"Times New Roman"">Under the CPU socket
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model, a "CPU socket" is an individual CPU socket on a server running
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the PRODUCT, regardless of whether or not the socket contains a CPU.</span></p>
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<p class="MsoNormal" style="margin-bottom:12.0pt;text-autospace:none"><span style="font-size:13.0pt;font-family:"Times New Roman"">Licenses for other
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CITRIX PRODUCTS or other editions of the same PRODUCT may not be used to
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increase the allowable use for the PRODUCT. Licenses are version specific for
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the PRODUCT. They must be the same version or later than the PRODUCT being
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accessed. CITRIX grants to you the following worldwide and non-exclusive rights
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to the PRODUCT and accompanying documentation (collectively called the
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"SOFTWARE"):</span></p>
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<p class="MsoNormal" style="margin-top:0in;margin-right:0in;margin-bottom:13.0pt;
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margin-left:.5in;text-indent:-.5in;text-autospace:none"><span style="font-size:
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13.0pt;font-family:"Times New Roman"">a.<span style="font:7.0pt "Times New Roman"">
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</span></span><span style="font-size:13.0pt;font-family:"Times New Roman"">License.
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You may install the SOFTWARE on servers containing up to the number of CPU
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sockets for which you have purchased Licenses ("Production Servers").
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In addition, you may install the management portion of the SOFTWARE on
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management servers as required to support the SOFTWARE running on the
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Production Servers. You may use the SOFTWARE to provide cloud services for
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internal users or third parties. Each License that is installed in both a
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production and disaster recovery environment may be used only in one of the
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environments at any one time, except for duplicate use during routine testing
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of the disaster recovery environment. You have the right to customize the
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SOFTWARE Web user interface only. </span></p>
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<p class="MsoNormal" style="margin-top:0in;margin-right:0in;margin-bottom:13.0pt;
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margin-left:.5in;text-indent:-.5in;text-autospace:none"><span style="font-size:
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13.0pt;font-family:"Times New Roman"">b.<span style="font:7.0pt "Times New Roman"">
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</span></span><span style="font-size:13.0pt;font-family:"Times New Roman"">Perpetual
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License. If the SOFTWARE is "Perpetual License SOFTWARE," the
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SOFTWARE is licensed on a perpetual basis. </span></p>
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<p class="MsoNormal" style="margin-top:0in;margin-right:0in;margin-bottom:13.0pt;
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margin-left:.5in;text-indent:-.5in;text-autospace:none"><span style="font-size:
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13.0pt;font-family:"Times New Roman"">c.<span style="font:7.0pt "Times New Roman"">
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</span></span><span style="font-size:13.0pt;font-family:"Times New Roman"">Annual
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PRODUCT. If the SOFTWARE is "Annual License SOFTWARE," your license
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is for one (1) year. To extend an Annual License, you must purchase and install
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a new license prior to the expiration of the current License. Note that if a
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new License is not purchased and installed, Annual License SOFTWARE is not
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licensed for use beyond the expiration of the license period. Annual License
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SOFTWARE may disable itself upon expiration of the license period. </span></p>
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<p class="MsoNormal" style="margin-top:0in;margin-right:0in;margin-bottom:13.0pt;
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margin-left:.5in;text-indent:-.5in;text-autospace:none"><span style="font-size:
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13.0pt;font-family:"Times New Roman"">d.<span style="font:7.0pt "Times New Roman"">
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</span></span><span style="font-size:13.0pt;font-family:"Times New Roman"">Partner
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Demo. If this SOFTWARE is labeled "Partner Demo," notwithstanding any
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term to the contrary in this AGREEMENT, your License permits use only if you
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are a current CITRIX authorized distributor or reseller and then only for demonstration,
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test, or evaluation purposes in support of your customers. Partner Demo
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SOFTWARE may not be used for customer training. Note that Partner Demo SOFTWARE
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disables itself on the "time-out" date identified on the SOFTWARE
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packaging. </span></p>
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<p class="MsoNormal" style="margin-top:0in;margin-right:0in;margin-bottom:13.0pt;
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margin-left:.5in;text-indent:-.5in;text-autospace:none"><span style="font-size:
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13.0pt;font-family:"Times New Roman"">e.<span style="font:7.0pt "Times New Roman"">
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</span></span><span style="font-size:13.0pt;font-family:"Times New Roman"">Evaluation.
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If this SOFTWARE is labeled "Evaluation," notwithstanding any term to
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the contrary in this AGREEMENT, your License permits use only for your internal
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demonstration, test, or evaluation purposes. Note that Evaluation SOFTWARE
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disables itself on the "time-out" date identified on the SOFTWARE
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packaging. </span></p>
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<p class="MsoNormal" style="margin-top:0in;margin-right:0in;margin-bottom:13.0pt;
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margin-left:.5in;text-indent:-.5in;text-autospace:none"><span style="font-size:
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13.0pt;font-family:"Times New Roman"">f.<span style="font:7.0pt "Times New Roman"">
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</span></span><span style="font-size:13.0pt;font-family:"Times New Roman"">Archive
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Copy. You may make one (1) copy of the SOFTWARE in machine-readable form solely
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for back-up purposes, provided that you reproduce all proprietary notices on
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the copy. </span></p>
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<p class="MsoNormal" style="margin-bottom:12.0pt;text-autospace:none"><span style="font-size:13.0pt;font-family:"Times New Roman"">2. MAINTENANCE. You must
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purchase maintenance ("Maintenance") with new licenses for either
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Perpetual or</span></p>
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<p class="MsoNormal" style="margin-bottom:12.0pt;text-autospace:none"><span style="font-size:13.0pt;font-family:"Times New Roman"">Annual License SOFTWARE.
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Your initial Maintenance shall begin on the date the Licenses are delivered to
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you by email. Maintenance shall continue for a one (1) year term subject to
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your purchase of annual renewals (the "Maintenance Term"). During the
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initial or a renewal Maintenance Term, CITRIX will provide SUPPORT and Updates.
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For the purposes of this AGREEMENT, an "Update" shall mean a
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generally available release of the same SOFTWARE which Citrix makes available
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from time to time. Updates shall be considered SOFTWARE under the terms of this
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AGREEMENT, except they are not covered by the Limited Warranty applicable to
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SOFTWARE, to the extent permitted by applicable law. Maintenance may be
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purchased for the SOFTWARE until it is no longer offered in accordance with the
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CITRIX PRODUCT Support Lifecycle Policy posted at <span style="color:#0200FE">www.citrix.com.
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</span>You acknowledge that CITRIX may develop and market new or different
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computer programs or editions of the SOFTWARE that use portions of the SOFTWARE
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and that perform all or part of the functions performed by the SOFTWARE.
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Nothing contained in this AGREEMENT shall give you any rights with respect to
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such new or different computer programs or editions. You also acknowledge that
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CITRIX is not obligated under this AGREEMENT to make any Updates available to
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the public. Any deliveries of Updates shall be electronic. SUPPORT includes
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unlimited Incidents, unlimited named contacts and 24x7x365 worldwide coverage.
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You may also purchase technical relationship management coverage and consulting
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services as part of SUPPORT. The offering you purchase determines your
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entitlement. An "Incident" is defined as a single SUPPORT issue and
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reasonable effort(s) needed to resolve it. An Incident may require multiple
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telephone calls and offline research to achieve final resolution. The Incident
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severity will determine the response levels for the SOFTWARE. Unused
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entitlements expire at the end of each annual term. SUPPORT may be purchased
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for the SOFTWARE until it is no longer offered in accordance with the CITRIX
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PRODUCT Support Lifecycle Policy posted at <span style="color:#0200FE">www.citrix.com.
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</span>SUPPORT will be provided remotely from CITRIX to your locations. Where
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on-site visits are mutually agreed, you will be billed for reasonable travel
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and living expenses in accordance with your travel policy. CITRIX’ performance
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is predicated upon the following responsibilities being fulfilled by you: (i)
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you will designate a Customer Support Manager ("CSM") who will be the
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primary administrative contact; (ii) you agree to perform reasonable problem
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determination activities and to perform reasonable problem resolution
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activities as suggested by CITRIX; (iii) you are responsible for implementing
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procedures necessary to safeguard the integrity and security of SOFTWARE and
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data from unauthorized access and for reconstructing any lost or altered files
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resulting from catastrophic failures; (iv) you are responsible for procuring,
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installing, and maintaining all equipment, telephone lines, communications
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interfaces, and other hardware at your site and providing CITRIX with access to
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your facilities as required to operate the SOFTWARE and permitting CITRIX to
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perform the service called for by this AGREEMENT; and (v) you are required to
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implement all currently available and applicable hotfixes, hotfix rollup packs,
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and service packs or their equivalent to the SOFTWARE in a timely manner.
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CITRIX is not required to provide any SUPPORT relating to problems arising out
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of: (i) your or any third party’s alterations or additions to the SOFTWARE,
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operating system or environment that adversely affects the SOFTWARE (ii) Citrix
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provided alterations or additions to the SOFTWARE that do not address Errors or
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Defects; (ii) any functionality not defined in the PRODUCT documentation
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published by CITRIX and included with the PRODUCT; (iii) use of the SOFTWARE on
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a processor and peripherals other than the processor and peripherals defined in
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the documentation; (iv) SOFTWARE that has reached End-of-Life; and (v) any
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consulting deliverables from any party. An "Error" is defined as a
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failure in the SOFTWARE to materially conform to the functionality defined in
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the documentation. A "Defect" is defined as a failure in the SOFTWARE
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to conform to the specifications in the documentation. In situations where
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CITRIX cannot provide a satisfactory resolution to your critical problem
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through normal SUPPORT methods, CITRIX may engage its product development team
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to create a private fix. Private fixes are designed to address your specific
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situation and may not be distributed by you outside your organization without
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written consent from CITRIX. CITRIX retains all right, title, and interest in
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and to all private fixes. Any hotfixes or private fixes are not SOFTWARE under
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the terms of this AGREEMENT and they are not covered by the Limited Warranty or
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Infringement Indemnification applicable to SOFTWARE, to the extent permitted by
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applicable law. With respect to consulting services, all intellectual property
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||
rights in all reports, preexisting works and derivative works of such
|
||
preexisting works, as well as installation scripts and other deliverables and
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developments made, conceived, created, discovered, invented, or reduced to
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practice in the performance of the assessment are and shall remain the sole and
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||
absolute property of CITRIX, subject to a worldwide, nonexclusive License to
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you for internal use.</span></p>
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<p class="MsoNormal" style="margin-bottom:12.0pt;text-autospace:none"><span style="font-size:13.0pt;font-family:"Times New Roman"">3. DESCRIPTION OF OTHER
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RIGHTS, LIMITATIONS, AND OBLIGATIONS. You may not transfer, rent, timeshare,
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grant rights in or lease the SOFTWARE except to the extent such foregoing
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||
restriction is expressly prohibited by applicable law. If you purchased
|
||
Licenses for the SOFTWARE to replace other CITRIX Licenses for other CITRIX
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SOFTWARE and such replacement is a condition of the transaction, you agree to
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destroy</span></p>
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<p class="MsoNormal" style="text-autospace:none"><span style="font-family:Times"><img id="Picture 1" src="eula_files/image001.png" height="3" width="47"></span></p>
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<p class="MsoNormal" style="text-autospace:none"><span style="font-family:Times"><img id="Picture 2" src="eula_files/image002.png" height="3" width="47"></span></p>
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<p class="MsoNormal" style="margin-bottom:12.0pt;text-autospace:none"><span style="font-size:13.0pt;font-family:"Times New Roman"">those other CITRIX
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Licenses and retain no copies after installation of the new Licenses and
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SOFTWARE. You shall provide the serial numbers of such replaced Licenses and
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corresponding replacement Licenses to the reseller, and upon request, directly
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to CITRIX for license tracking purposes. You may not modify, translate, reverse
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engineer, decompile, disassemble, create derivative works based on, or copy the
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SOFTWARE except as specifically licensed herein or to the extent such foregoing
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restriction is expressly prohibited by applicable law. You may not remove any
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proprietary notices, labels, or marks on any SOFTWARE. To the extent permitted
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by applicable law, you agree to allow CITRIX to audit your compliance with the
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terms of this AGREEMENT upon prior written notice during normal business hours.
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Notwithstanding the foregoing, this AGREEMENT shall not prevent or restrict you
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from exercising additional or different rights to any free, open source code,
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documentation and materials contained in or provided with the SOFTWARE in
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accordance with the applicable free or open source license for such code,
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documentation, and materials.</span></p>
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<p class="MsoNormal" style="margin-bottom:12.0pt;text-autospace:none"><span style="font-size:13.0pt;font-family:"Times New Roman"">ALL RIGHTS IN THE
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SOFTWARE NOT EXPRESSLY GRANTED ARE RESERVED BY CITRIX OR ITS SUPPLIERS.</span></p>
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<p class="MsoNormal" style="margin-bottom:12.0pt;text-autospace:none"><span style="font-size:13.0pt;font-family:"Times New Roman"">You hereby agree, that
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to the extent that any applicable mandatory laws (such as, for example,
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national laws implementing EC Directive 91/250 on the Legal Protection of
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Computer Programs) give you the right to perform any of the aforementioned
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activities without the consent of CITRIX to gain certain information about the
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SOFTWARE, before you exercise any such rights, you shall first request such
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information from CITRIX in writing detailing the purpose for which you need the
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information. Only if and after CITRIX, at its sole discretion, partly or
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completely denies your request, shall you exercise your statutory rights.</span></p>
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<p class="MsoNormal" style="margin-top:0in;margin-right:0in;margin-bottom:13.0pt;
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margin-left:.5in;text-indent:-.5in;text-autospace:none"><span style="font-size:
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13.0pt;font-family:"Times New Roman"">4.<span style="font:7.0pt "Times New Roman"">
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</span></span><span style="font-size:13.0pt;font-family:"Times New Roman"">INFRINGEMENT
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INDEMNIFICATION. CITRIX shall indemnify and defend, or at its option, settle
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any claim, suit, or proceeding brought against you based on an allegation that
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the SOFTWARE (excluding Open Source Software) infringes upon any patent or
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||
copyright of any third party ("Infringement Claim"), provided you
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promptly notify CITRIX in writing of your notification or discovery of an
|
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Infringement Claim such that CITRIX is not prejudiced by any delay in such
|
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notification. For purposes of this Section 4, "Open Source Software"
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means software distributed by Citrix under an open source licensing model
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(e.g., the GNU General Public License, BSD or a license similar to those
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approved by the Open Source Initiative). CITRIX will have sole control over the
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defense or settlement of any Infringement Claim and you will provide reasonable
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assistance in the defense of the same. Following notice of an Infringement
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Claim, or if CITRIX believes such a claim is likely, CITRIX may at its sole
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expense and option: (i) procure for you the right to continue to use the
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alleged infringing SOFTWARE; (ii) replace or modify the SOFTWARE to make it
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non-infringing; or (iii) accept return of the SOFTWARE and provide you with a
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refund as appropriate. CITRIX assumes no liability for any Infringement Claims
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or allegations of infringement based on: (i) your use of any SOFTWARE after notice
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that you should cease use of such SOFTWARE due to an Infringement Claim; (ii)
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any modification of the SOFTWARE by you or at your direction; or (iii) your
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combination of SOFTWARE with non-CITRIX programs, data, hardware, or other
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materials, if such Infringement Claim would have been avoided by the use of the
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SOFTWARE alone. THE FOREGOING STATES YOUR EXCLUSIVE REMEDY WITH RESPECT TO ANY
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INFRINGEMENT CLAIM. </span></p>
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<p class="MsoNormal" style="margin-top:0in;margin-right:0in;margin-bottom:13.0pt;
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margin-left:.5in;text-indent:-.5in;text-autospace:none"><span style="font-size:
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13.0pt;font-family:"Times New Roman"">5.<span style="font:7.0pt "Times New Roman"">
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</span></span><span style="font-size:13.0pt;font-family:"Times New Roman"">LIMITED
|
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WARRANTY AND DISCLAIMER. CITRIX warrants that for a period of ninety (90) days
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||
from the date of delivery of the SOFTWARE to you, the SOFTWARE will perform
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substantially in accordance with the PRODUCT documentation published by CITRIX
|
||
and included with the PRODUCT. CITRIX and its suppliers’ entire liability and
|
||
your exclusive remedy under this warranty (which is subject to you returning
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||
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. This limited
|
||
warranty does not cover any modification of the SOFTWARE by you or related
|
||
issues. CITRIX will provide the SUPPORT requested by you in a professional and
|
||
workmanlike manner, but CITRIX cannot guarantee that every question or problem
|
||
raised by you will be resolved or resolved in a certain amount of time. With
|
||
respect to SUPPORT, CITRIX and its suppliers’ entire liability and your
|
||
exclusive remedy under this warranty is re-performance of the services.
TO
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||
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, UPDATES, </span></p>
|
||
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<p class="MsoNormal" style="margin-bottom:12.0pt;text-autospace:none"><span style="font-size:13.0pt;font-family:"Times New Roman"">SUBSCRIPTION ADVANTAGE,
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AND SUPPORT ANY CONDITIONS OF QUALITY, AVAILABILITY, RELIABILITY, SECURITY,
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||
LACK OF VIRUSES, BUGS, OR ERRORS, AND ANY IMPLIED WARRANTIES, INCLUDING,
|
||
WITHOUT LIMITATION, ANY WARRANTY OF TITLE, QUIET ENJOYMENT, QUIET POSSESSION,
|
||
MERCHANTABILITY, NONINFRINGEMENT, 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
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||
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.</span></p>
|
||
|
||
<p class="MsoNormal" style="margin-top:0in;margin-right:0in;margin-bottom:13.0pt;
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margin-left:.5in;text-indent:-.5in;text-autospace:none"><span style="font-size:
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13.0pt;font-family:"Times New Roman"">6.<span style="font:7.0pt "Times New Roman"">
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</span></span><span style="font-size:13.0pt;font-family:"Times New Roman"">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,
|
||
modifications, translations, derivative works or copies. You acquire only a
|
||
limited License to use the SOFTWARE. </span></p>
|
||
|
||
<p class="MsoNormal" style="margin-top:0in;margin-right:0in;margin-bottom:13.0pt;
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||
margin-left:.5in;text-indent:-.5in;text-autospace:none"><span style="font-size:
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13.0pt;font-family:"Times New Roman"">7.<span style="font:7.0pt "Times New Roman"">
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</span></span><span style="font-size:13.0pt;font-family:"Times New Roman"">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 U.S. embargo or to U.S.-designated denied persons or
|
||
prohibited entities or U.S. specially designated nationals. </span></p>
|
||
|
||
<p class="MsoNormal" style="margin-top:0in;margin-right:0in;margin-bottom:13.0pt;
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margin-left:.5in;text-indent:-.5in;text-autospace:none"><span style="font-size:
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13.0pt;font-family:"Times New Roman"">8.<span style="font:7.0pt "Times New Roman"">
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</span></span><span style="font-size:13.0pt;font-family:"Times New Roman"">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
|
||
SUPPORT, OR DAMAGE ARISING FROM YOUR 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 OR SUPPORT,
|
||
REFERENCE MATERIALS, OR ACCOMPANYING DOCUMENTATION; OR YOUR EXPORTATION,
|
||
REEXPORTATION, 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, SUBSCRIPTION (INCLUDING SUBSCRIPTION
|
||
WITH SUPPORT) OR SUPPORT AT ISSUE. YOU ACKNOWLEDGE THAT THE LICENSE OR SUPPORT
|
||
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. </span></p>
|
||
|
||
<p class="MsoNormal" style="margin-top:0in;margin-right:0in;margin-bottom:13.0pt;
|
||
margin-left:.5in;text-indent:-.5in;text-autospace:none"><span style="font-size:
|
||
13.0pt;font-family:"Times New Roman"">9.<span style="font:7.0pt "Times New Roman"">
|
||
</span></span><span style="font-size:13.0pt;font-family:"Times New Roman"">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 backup copies thereof. </span></p>
|
||
|
||
<p class="MsoNormal" style="margin-top:0in;margin-right:0in;margin-bottom:13.0pt;
|
||
margin-left:.5in;text-indent:-.5in;text-autospace:none"><span style="font-size:
|
||
13.0pt;font-family:"Times New Roman"">10.<span style="font:7.0pt "Times New Roman"">
|
||
</span></span><span style="font-size:13.0pt;font-family:"Times New Roman"">U.S.
|
||
GOVERNMENT END-USERS. If you are a U.S. Government agency, in accordance with
|
||
Section 12.212 </span></p>
|
||
|
||
<p class="MsoNormal" style="margin-bottom:12.0pt;text-autospace:none"><span style="font-size:13.0pt;font-family:"Times New Roman"">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.</span></p>
|
||
|
||
<p class="MsoNormal" style="margin-top:0in;margin-right:0in;margin-bottom:13.0pt;
|
||
margin-left:.5in;text-indent:-.5in;text-autospace:none"><span style="font-size:
|
||
13.0pt;font-family:"Times New Roman"">11.<span style="font:7.0pt "Times New Roman"">
|
||
</span></span><span style="font-size:13.0pt;font-family:"Times New Roman"">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. </span></p>
|
||
|
||
<p class="MsoNormal" style="margin-top:0in;margin-right:0in;margin-bottom:13.0pt;
|
||
margin-left:.5in;text-indent:-.5in;text-autospace:none"><span style="font-size:
|
||
13.0pt;font-family:"Times New Roman"">12.<span style="font:7.0pt "Times New Roman"">
|
||
</span></span><span style="font-size:13.0pt;font-family:"Times New Roman"">CHOICE
|
||
OF LAW AND VENUE. If provider 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 provider 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
|
||
Zurich. If provider is Citrix Systems Asia Pacific Pty Ltd, this AGREEMENT will
|
||
be governed by the laws of the State of New South Wales, Australia 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 sitting in
|
||
the State of New South Wales. If any provision of this AGREEMENT is invalid or
|
||
unenforceable under applicable law, 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. </span></p>
|
||
|
||
<p class="MsoNormal" style="margin-top:0in;margin-right:0in;margin-bottom:13.0pt;
|
||
margin-left:.5in;text-indent:-.5in;text-autospace:none"><span style="font-size:
|
||
13.0pt;font-family:"Times New Roman"">13.<span style="font:7.0pt "Times New Roman"">
|
||
</span></span><span style="font-size:13.0pt;font-family:"Times New Roman"">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; Citrix Systems International GmbH, Rheinweg 9,
|
||
CH-8200 Schaffhausen, Switzerland; or Citrix Systems Asia Pacific Pty Ltd.,
|
||
Level 3, 1 Julius Ave., Riverside Corporate Park, North Ryde NSW 2113, Sydney,
|
||
Australia. </span></p>
|
||
|
||
<p class="MsoNormal" style="margin-top:0in;margin-right:0in;margin-bottom:13.0pt;
|
||
margin-left:.5in;text-indent:-.5in;text-autospace:none"><span style="font-size:
|
||
13.0pt;font-family:"Times New Roman"">14.<span style="font:7.0pt "Times New Roman"">
|
||
</span></span><span style="font-size:13.0pt;font-family:"Times New Roman"">TRADEMARKS.
|
||
Citrix is a trademark and/or registered trademark of Citrix Systems, Inc., in
|
||
the U.S. and other countries. </span></p>
|
||
|
||
<p class="MsoNormal" style="margin-bottom:12.0pt;text-autospace:none"><span style="font-size:13.0pt;font-family:"Times New Roman"">CTX_code: CS_P_A118407</span></p>
|
||
|
||
<p class="MsoNormal"> </p>
|
||
|