From f4c546c96e4b60929b64618766764f36c61ebe29 Mon Sep 17 00:00:00 2001 From: Christopher Clark Date: Wed, 13 Jan 2010 16:53:51 -0800 Subject: [PATCH] XC-1070 Host installer: Legal-approved EULA --- .../install/eula.txt | 449 +++++++++--------- 1 file changed, 236 insertions(+), 213 deletions(-) diff --git a/target/generic/target_xenclient_installer_skeleton/install/eula.txt b/target/generic/target_xenclient_installer_skeleton/install/eula.txt index 34a1e4a..4c29dae 100644 --- a/target/generic/target_xenclient_installer_skeleton/install/eula.txt +++ b/target/generic/target_xenclient_installer_skeleton/install/eula.txt @@ -1,215 +1,238 @@ -CITRIX SYSTEMS, INC. -BETA AGREEMENT +CITRIX® LICENSE AGREEMENT -This is a legal agreement (AGREEMENT) between you, -the recipient of the downloaded software (YOU), and -Citrix Systems, Inc. (CITRIX). BY INSTALLING OR -DOWNLOADING THE SOFTWARE, YOU ARE AGREEING TO BE -BOUND BY THE TERMS OF THIS AGREEMENT. IF YOU DO NOT -AGREE TO THE TERMS OF THIS AGREEMENT, PROMPTLY -RETURN THE UNUSED DISK PACKAGE AND THE DOCUMENTATION -TO THE PLACE WHERE YOU OBTAINED THEM OR DO NOT -DOWNLOAD THE SOFTWARE. THIS AGREEMENT IS PERSONAL -TO YOU AND YOU HEREBY AGREE NOT TO TRANSFER THE -SOFTWARE OR ASSIGN THIS AGREEMENT TO A THIRD PARTY -WITHOUT PRIOR WRITTEN CONSENT OF CITRIX. +This is a legal agreement (“AGREEMENT”) between you, +the Licensed User, and Citrix Systems, Inc., Citrix +Systems International GmbH, or Citrix Systems Asia +Pacific Pty Ltd. Your location of receipt of this +product or feature release (both hereinafter +“PRODUCT”) determines the providing entity hereunder +(the applicable entity is hereinafter referred to as +“CITRIX”). Citrix Systems, Inc., a Delaware +corporation, licenses this PRODUCT in the Americas +and Japan. Citrix Systems International GmbH, a +Swiss company wholly owned by Citrix Systems, Inc., +licenses this PRODUCT in Europe, the Middle East, +and Africa, and licenses the PRODUCT in Asia and the +Pacific (excluding Japan). BY INSTALLING AND/OR +USING THE PRODUCT, YOU ARE AGREEING TO BE BOUND BY +THE TERMS OF THIS AGREEMENT. IF YOU DO NOT AGREE TO +THE TERMS OF THIS AGREEMENT, DO NOT INSTALL AND/OR +USE THE PRODUCT. +1. GRANT OF LICENSE. +Grant. This PRODUCT contains software that provides +services on a personal computer or equivalent device +(“Personal Computer”). This PRODUCT is licensed for +an unlimited quantity of Personal Computers. CITRIX +grants to you a worldwide, nonexclusive, perpetual +right to use the PRODUCT on Personal Computers, but +with NO RIGHT TO RECEIVE UPDATES, NO WARRANTY and NO +INFRINGEMENT INDEMNIFICATION. You may make one (1) +copy of the software and accompanying documentation +(“SOFTWARE”) in machine-readable form solely for +backup purposes, provided that you reproduce all +proprietary notices on the copy. +2. DESCRIPTION OF OTHER RIGHTS, LIMITATIONS, AND +OBLIGATIONS. Unless expressly permitted by +applicable law, you may not transfer, rent, +timeshare, or lease the SOFTWARE. Except as +specifically licensed herein, you may not modify, +translate, reverse engineer, decompile, disassemble, +create derivative works based on, or copy (except +for backup 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. +Notwithstanding the foregoing, this AGREEMENT shall +not prevent or restrict you from exercising +additional or different rights to any free, open +source code, documentation and materials contained +in or provided with the SOFTWARE in accordance with +the applicable free, open source license for such +code, documentation, and materials. +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. +3. WARRANTY DISCLAIMER. +TO THE EXTENT PERMITTED BY APPLICABLE LAW, 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 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, 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 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. +4. 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. +5. 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. +6. 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 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 +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 $100.00 (U.S.). 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. +7. 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. 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. +8. 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. +9. 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. +10. 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. +11. 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. +12. TRADEMARKS. Citrix and XenClient are trademarks +and/or registered trademarks of Citrix Systems, +Inc., in the U.S. and other countries. -1. License Grant. Citrix grants to You, subject to -the terms and conditions of this Agreement, a -temporary, limited, royalty-free, non-transferable, -non-sublicenseable and non-exclusive license to use, -for testing purposes only, this Citrix Beta product -and documentation (hereinafter collectively referred -to as the "Product"). The Product code must be -deleted in its entirety within thirty (30) days -after expiration of the license. Please note that -the Product may contain a time bomb to prevent use -beyond the expiration of the license. - -2. Term and Termination. This Agreement including -the license granted hereunder will automatically -terminate with the timed shut down of the Product. -In the event that You shall at any time neglect, or -fail or refuse to comply with the terms of this -Agreement, Citrix, at its option, may terminate this -Agreement without prior notice. Either party may -terminate this Agreement without cause by providing -thirty (30) days' prior written notice to the other -party. - -3. Delivery of Test Programs. You acknowledge that -this Agreement shall not create any obligation on -the part of Citrix to make the Product commercially -available. - -4. Use of Product. You certify that this software -will only be used for beta testing purposes, and -will not be rented, leased, sold, sublicensed, -assigned, or otherwise transferred. Further, You -certify that You will not transfer or export any -product, process, or service that is the direct -product of the software. You shall not use or rely -on the software, or any excerpts, variations or -derivations thereof, in connection with the -development by You of any programs, writings or -works or in connection with the production of -products or the performance of services for third -parties without the prior written authorization of -Citrix. - -5. Title. All right, title and interest in and to -the Product and all copies and revisions thereof -shall at all times remain vested in Citrix. You -shall not, and shall not permit any of Your -employees to: (i) reproduce or copy any Product -except as expressly provided in this Agreement; (ii) -remove any copyright or proprietary notice contained -or included in the Product; or (iii) decompile, -disassemble or reverse engineer the Product. You -shall not incorporate any Product in any product -designed, developed, marketed, sold or licensed by -You. You shall not copy, alter or modify the -Product, or any part thereof, without the prior -written authorization of Citrix. Your obligations -hereunder shall not depend on the presence or -absence of any copyright and/or proprietary legends -on any Product. All improvements, updates, -modifications or enhancements ("Revisions") made to -the Product, whether or not conceived or made in the -course of or as a result of Your performance -hereunder, are and shall remain the property of -Citrix, and You acknowledge and expressly agree that -any contribution in the form of services, -suggestions, ideas, reports, listing of defects or -deficiencies, expenditures, logs or otherwise by You -to any Revision shall not give or grant You any -right, title or interest in any such Revision. You -agree to allow Citrix to incorporate into any -commercial product derived from a Product any -suggested Revisions of any kind, without -compensation and without retention by You of any -proprietary claim. Further, Citrix shall be free to -use, disclose, reproduce, license or otherwise -distribute the Revisions as it sees fit, without -obligation or restriction of any kind. - -6. Maintenance. Citrix shall be under no obligation -to make any tests, revisions, or repairs to the -Product requested by You, or to maintain any Product -at any desired level of performance, or to keep it -in operating condition, or even to continue to -market or sell the Product. - -7. Disclaimer of Warranty and Risk of Use. It is -understood by You that the Product MAY CONTAIN -DEFECTS and that CITRIX MAKES NO EXPRESS OR IMPLIED -REPRESENTATIONS OR WARRANTIES WHATSOEVER REGARDING -ITS USE, PERFORMANCE, OPERATION OR SUPPORT. By way -of example, but not of limitation, CITRIX MAKES NO -REPRESENTATIONS OR WARRANTIES OF NONINFRINGEMENT, -MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. -USER ACKNOWLEDGES THAT THE PRODUCT IS DELIVERED ON -AN "AS IS" BASIS AND THAT USER'S USE OF THE PRODUCT -SHALL BE AT USER'S SOLE RISK. USER SHALL HAVE THE -SOLE RESPONSIBILITY FOR ADEQUATE PROTECTION AND -BACK-UP OF ANY DATA USED IN CONNECTION WITH THE -TESTING OF THE PRODUCT. - -8. Limitation of Liability. YOU AGREE THAT IN NO -EVENT SHALL CITRIX BE LIABLE FOR (i) SPECIAL, -INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES SUCH -AS, BUT NOT LIMITED TO, EQUIPMENT DOWN-TIME, LOSS OF -DATA, LOST PROFITS, OR EXEMPLARY OR PUNITIVE -DAMAGES, WHETHER OR NOT FORESEEABLE AND EVEN IF -CITRIX OR ITS REPRESENTATIVE HAS BEEN ADVISED OF THE -POSSIBILITY OF SUCH DAMAGES, OR (ii) ANY OTHER -CLAIM, DEMAND OR DAMAGES WHATSOEVER RESULTING FROM -OR ARISING OUT OF OR IN CONNECTION WITH THIS -AGREEMENT OR ITS TERMINATION, OR THE DELIVERY, USE -OR PERFORMANCE OF THE PRODUCT, WHETHER IN AN ACTION -IN CONTRACT, TORT, INCLUDING NEGLIGENCE, OR -OTHERWISE. CITRIX SHALL IN NO EVENT BE LIABLE FOR -DAMAGES WHICH EXCEED $100.00. - -9. Confidentiality. The Product and Citrix’s -communications to You about the Product are the -Confidential Information of Citrix. You shall -maintain the Confidential Information in confidence -and disclose the Confidential Information only to -Your employees, subcontractors and consultants who -have a need to know such Confidential Information in -order to use the Product for beta testing purposes, -and who have signed confidentiality agreements with -You at least as restrictive as this Agreement. You -remain responsible for breaches of this Agreement -arising from the acts of Your employees, -subcontractors and consultants. The Confidential -Information is to be used only for the purpose of -beta testing the Product. Your duty to protect the -Confidential Information expires three years from -the date you received it, or when the Confidential -Information is made public by Citrix. You shall -protect Confidential Information by using the same -degree of care as You use to protect Your own -information of a like nature, but no less than a -reasonable degree of care, to prevent the -unauthorized use, disclosure, dissemination, or -publication of the Confidential Information. You -shall promptly return or certify destruction of all -copies of Confidential Information upon request by -Citrix or upon the expiration or earlier termination -of this Agreement. - -10. Survival. Your obligations under Section 4, Use -of Product, and the provisions of Section 5, Title, -Section 7, Disclaimer of Warranty and Risk of Use, -Section 8, Limitation of Liability, and Section 9, -Confidentiality, hereof shall survive termination or -expiration of this Agreement. - -11. Equitable Relief. You hereby acknowledge that -unauthorized disclosure or use of the Product would -cause irreparable harm and significant injury to -Citrix that may be difficult to ascertain. -Accordingly, You agree that Citrix will have the -right to obtain immediate injunctive relief to -enforce Your obligations under this Agreement in -addition to any other rights and remedies Citrix may -have. - -12. Notices. Any notice, request, instruction, or -other document to be given by a party under this -Agreement shall be delivered to the other party (i) -in person, (ii) by one day express courier service, -(iii) by first class mail, certified or registered, -return receipt requested, or (iv) by telex or -telefax (such telex or telefax to be confirmed -within 12 hours by letter posted by first class -mail, certified or registered, return receipt -requested, or by one day express courier service). - -13. Miscellaneous. This Agreement contains the -entire understanding of the parties with respect to -the matters contained herein. There are no -promises, covenants or undertakings other than those -expressly set forth herein. This Agreement may not -be modified except by a writing, executed by -authorized representatives of Citrix and You. This -Agreement and the other licenses granted hereby are -not assignable by You without the prior express -written consent of Citrix. The headings and -captions contained herein shall not be considered to -be part hereof for purposes of interpretation or -application hereof, but are for convenience only. -This Agreement shall be governed by and construed -and enforced in accordance with the internal laws of -the State of Florida, without giving effect to the -principles of conflicts of laws of such state, and -shall be binding upon the parties hereto in the -United States and worldwide. Any claims or legal -actions by one party against the other arising under -this Agreement or concerning any rights under this -Agreement shall be commenced and maintained in any -state or federal court located in the State of -Florida and both parties hereby submit to the -jurisdiction and venue of any such court. -- 2.39.5