Merge from vendor branch TNF:

[pkgsrc.git] / licenses / citrix_ica-license

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.