ByteMobile EULA (English)

ByteMobile EULA (English)
v5c
End User License and Product Agreement
BY INSTALLING AND/OR USING THE ACCOMPANYING PRODUCT, YOU ARE AGREEING TO
BE BOUND BY THE TERMS OF THIS END USER LICENSE AND PRODUCT AGREEMENT. IF
YOU DO NOT AGREE TO THE TERMS OF THE END USER LICENSE AND PRODUCT
AGREEMENT, DO NOT INSTALL AND/OR USE THE PRODUCT.
This End User License and Product Agreement ("Agreement") is a legal agreement governing this Citrix
ByteMobile product ("Product"). The Agreement is between you, the Customer, and one of the following
three Citrix companies: (i) Citrix Systems, Inc. (a Delaware corporation) if you received this Product in
the Americas; (ii) Citrix Systems International GmbH (a Swiss company) if you received this Product
in Europe, the Middle East, Africa, Asia or the Pacific (excluding Japan) and (iii) Citrix System Japan
KK (a Japanese company) if you received this Product in Japan. In this Agreement, the applicable Citrix
contracting party is referred to as "Citrix".
1. TERMS AND CONDITIONS / GRANT OF LICENSE. The following terms and conditions
govern this Product including, without limitation, your use of software as embedded in the Product
and accompanying documentation ("Software") except for certain third-party programs, including
"open source" software, which are licensed separately as indicated below.
Additional Definitions: "Open Source Software" means software distributed by Citrix under an open
source licensing model (e.g., the GNU General Public License, BSD or a license similar to those
approved by the Open Source Initiative). Notwithstanding anything set forth in this Agreement:
Customer’s use of Open Source Code shall in all ways be governed by the open source license
indicated at http://www.citrix.com/buy/licensing/open-source.html and/or indicated in the source code
itself.
Grant. Subject to the terms and conditions of and except as otherwise provided in this Agreement,
Citrix, and its suppliers grant you (the "Customer") a nonexclusive and nontransferable license to use
the Software for which Customer has paid the relevant fees, in object code form only, solely for
Customer’s internal business purpose. In addition, the foregoing license shall also be subject to each
of the following limitations:
(a) Customer shall use the Software solely as embedded in the Product, for execution on the Product,
and only in accordance with the accompanying Software user documentation;
(b) Notwithstanding any term to the contrary in this Agreement, Customer’s license for evaluation or
beta copies permits use for Customer’s internal demonstration, test, or evaluation purposes only on an
'AS IS' basis.
2. DESCRIPTION OF OTHER RIGHTS, LIMITATIONS, AND OBLIGATIONS. Except as
otherwise expressly provided under this Agreement, Customer shall have no right, and Customer
specifically agrees not to: (i) unless expressly permitted by applicable law, rent, share, lease, transfer,
assign or sublicense its license rights to any other person, or use the Software on unauthorized or
secondhand Citrix equipment, and any such attempted transfer, assignment or sublicense shall be
void, except to a purchaser of substantially all of the business or assets of Customer that agrees to be
bound by all of the terms and conditions of this Agreement; (ii) make error corrections to or otherwise
modify or adapt the Software or create derivative works based upon the Software, or to permit third
parties to do the same; (iii) decompile, decrypt, reverse engineer, disassemble or otherwise reduce the
Software to human-readable form to gain access to trade secrets or confidential information in the
Software, except to the extent the foregoing restriction is expressly prohibited by applicable law; (iv)
use, copy, or distribute the Software without Citrix’s authorization, except that Customer may make
one (1) copy of the Software in machine-readable form solely for archival or backup purposes only,
provided that Customer reproduces all proprietary notices on the copy; or (v) remove any proprietary
notices, labels, or marks on any Software. To the extent permitted by applicable law, Customer agrees
to allow Citrix to audit Customer’s 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 Customer 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.
CUSTOMER 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.
Customer hereby agrees, 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 Customer the right to perform any of the aforementioned activities without the consent of Citrix
to gain certain information about the Software, before Customer exercises any such rights, Customer
shall first request such information from Citrix in writing detailing the purpose for which Customer
needs the information. Only if and after Citrix at its sole discretion, partly or completely denies
Customer’s request, shall Customer exercise its statutory rights. Customer shall observe strict
obligations of confidentiality with respect to such information, and accordingly shall not provide or
disclose such information to any third party or use such information other than as expressly provided
in this Agreement.
3. INFRINGEMENT INDEMNIFICATION. Citrix shall indemnify and defend, or at its option, settle
any claim, suit or proceeding brought against Customer based on an allegation that the Product
(excluding Open Source Software, Microsoft Windows Server and Red Hat software) infringes upon
any patent or copyright of any third party ("Infringement Claim"), provided Customer promptly
notifies Citrix in writing of Customer’s 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 Customer 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 Customer the right to continue to
use the alleged infringing Product; (ii) replace or modify the Product to make it non-infringing; or
(iii) accept return of the Product and provide Customer with a refund as appropriate. Citrix assumes
no liability for any Infringement Claims or allegations of infringement based on: (i) Customer’s use
of any Product after notice that Customer should cease use of the same due to an Infringement Claim;
(ii) any modification of the Product by Customer or at Customer’s direction; or (iii) Customer’s
combination of Product with other programs, data, hardware, or other materials, if such Infringement
Claim would have been avoided by the use of the Product alone. THE FOREGOING STATES
CUSTOMER’S EXCLUSIVE REMEDY WITH RESPECT TO ANY INFRINGEMENT CLAIM.
4. LIMITED WARRANTY AND DISCLAIMER. Citrix warrants that, for a period of one (1) year
from the date of delivery of the Product to Customer that the Software (excluding Open Source
Software) will perform substantially in accordance with the Citrix product documentation published
by Citrix and included with the Product and, for a period of one (1) year from that date of purchase,
that the hardware will be free from defects in material and workmanship in normal use. Customer’s
exclusive remedy and the entire liability of Citrix, its licensors and its suppliers under this warranty
(which is subject to Customer returning the Product to Citrix or an authorized reseller) will be, at the
sole discretion of Citrix and subject to applicable law and the return policy below, to replace the
Software or Product or to refund the Software or Product purchase price and terminate this
Agreement. This warranty does not cover any loss or damage which occurs in shipment or which is
due to any of the following: (1) improper installation, maintenance, adjustment, repair or modification
by Customer or a third party; (2) misuse, neglect, or any other cause other than ordinary use,
including without limitation, accidents or acts of God; (3) improper environment, excessive or
inadequate heating or air conditioning, electrical power failures, surges, or other irregularities; or (4)
third party technology.
TO THE EXTENT PERMITTED BY APPLICABLE LAW AND EXCEPT FOR THE ABOVE
LIMITED WARRANTIES, CITRIX AND ITS SUPPLIERS MAKE AND CUSTOMER RECEIVES
NO WARRANTIES OR CONDITIONS, EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE;
AND CITRIX AND ITS SUPPLLIERS SPECIFICALLY DISCLAIM WITH RESPECT TO
SOFTWARE, PRODUCT AND UPDATES, 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 PRODUCT 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. CUSTOMER ASSUMES THE
RESPONSIBILITY FOR THE SELECTION OF THE PRODUCT TO ACHIEVE CUSTOMER’S
INTENDED RESULTS, AND FOR THE INSTALLATION OF, USE OF, AND RESULTS
OBTAINED FROM THE PRODUCT.
5. PROPRIETARY RIGHTS. No title to or ownership of the Software is transferred to Customer.
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. Customer acquires only a limited license to
use the Software.
6. EXPORT RESTRICTION. Customer agrees that Customer will not export, re-export, or import the
Product or any part of the Product (including, for the avoidance of doubt, the Software or any part
thereof) in any form without the appropriate government licenses. Customer understands that under
no circumstances may the Product or 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.
7. LIMITATION OF LIABILITY. TO THE EXTENT PERMITTED BY APPLICABLE LAW,
CUSTOMER AGREES 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 CUSTOMER’S USE OF THE PRODUCT, OR DAMAGE
ARISING FROM CUSTOMER’S 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
PRODUCT, REFERENCE MATERIALS, OR ACCOMPANYING DOCUMENTATION; OR
CUSTOMER’S EXPORTATION, REEXPORTATION, OR IMPORTATION OF THE PRODUCT,
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 PRODUCT AT ISSUE. CUSTOMER ACKNOWLEDGES THAT THE PRODUCT 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
CUSTOMER. For purposes of this AGREEMENT, the term "Citrix Affiliate" shall mean any legal
entity in which fifty percent (50%) or more of the voting interests are owned directly or indirectly by
Citrix or its ultimate parent company. Citrix Affiliates, suppliers, and authorized distributors are
intended to be third party beneficiaries of this Agreement.
8. TERM AND TERMINATION. This Agreement is effective until terminated. Customer may
terminate this Agreement at any time by destroying all copies of Software including any
documentation and providing written notice to Citrix with the serial numbers of the terminated
licenses. Citrix may terminate this Agreement at any time for Customer’s breach of this Agreement.
Unauthorized copying of the Software or the accompanying documentation or otherwise failing to
comply with the material terms of this Agreement will result in automatic termination of this
Agreement and will make available to Citrix all other legal remedies. Customer agrees and
acknowledges that Customer’s 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 Customer
must immediately destroy the Software and accompanying documentation, and all backup copies
thereof.
9. U.S. GOVERNMENT END-USERS. IF CUSTOMER IS 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)), Customer hereby acknowledges 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, Customer hereby acknowledges 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.
10. 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.
11. CHOICE OF LAW AND VENUE. 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,
Customer consents to the exclusive personal jurisdiction and venue in the State and Federal courts
within Broward County, Florida. If any portion of this Agreement is found to be void 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.
12. 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.,
Customer Service, 851 West Cypress Creek Road, Ft. Lauderdale, Florida 33309.
13. DATA AND PRIVICY. Citrix agrees to deal with any personal data relevant to your employees in
accordance with applicable data protection laws and regulations and Citrix privacy policy available
on www.citrix.com. You acknowledge that Citrix may use such personal data (and other Customer
data), and provide it to third parties (including, but not limited to, Citrix ASCs) only in connection
with the provision of Citrix products and services to you. You agree to obtain any necessary consent
from such employees for the above purposes. Citrix may from time to time remotely collect Product
usage statistic data from Products installed at Customer’s site in order (i) to verify that usage of the
Product complies with the terms of this Agreement, (ii) to perform data analysis, and (iii) to publish,
as Citrix sees fit, reports containing findings on an aggregate, anonymous basis. Customer permits
and shall facilitate such collection and publication of data.
14. RED HAT. Supply of Red Hat software contained in Product is be subject to the Red Hat EULA:
http://www.redhat.com/licenses/rhel_rha_eula.html
Warranty Returns. Customer may return to Citrix any defective Product subject to the limited warranties
above, unless the Software is the issue and can be replaced without return. Prior to such return, Customer
shall verify that the Product is defective and shall obtain from Citrix a Return Material Authorization
("RMA") number. Customer shall request each RMA number from Citrix in accordance with Citrix’s
RMA procedures including providing the part number, serial number and reason for return, an
explanation of all failure symptoms and other relevant information. Citrix shall use commercially
reasonable efforts to send to Customer an RMA form and RMA number within five (5) business days of
Customer's request. Within five (5) business days after receiving an RMA number for the Product,
Customer shall package the Product in its original packing material or equivalent, write the RMA number
on the outside of the package and return the Product at Citrix's risk and expense, EXW (Incoterms 2010)
Citrix’s designated facility. Customer shall enclose with the returned Product the applicable RMA form,
and any other documentation or information requested by Citrix. Customer shall assume any and all risk
of loss of or damage to the Product during shipping. Citrix shall elect to repair or replace the Product
using new or reconditioned parts (of better or equivalent quality) at Citrix’s sole discretion, and shall pay
the shipping costs shipped properly insured, freight prepaid, DDP (INCOTERMS 2010) to return the
Product to the location from which it was returned by Customer. Any Product that has been returned, but
that Citrix determines not to be defective, or that is not otherwise covered under the limited warranty
above, shall be returned to Customer at Customer's sole expense and risk. Title to any Product hardware
and the license to Product software returned under warranty shall at all times remain with Customer
unless and until Citrix either replaces the Product or pays Customer the Price of the Product in lieu of
repair or replacement, at which time title shall pass to Citrix. The warranty period of any repaired or
replaced Product shall be the longer of (a) ninety (90) calendar days from Citrix’s return shipment of the
Product or (b) the original warranty period for the Product. Citrix shall not be responsible for any
software, firmware, information, memory, data or the like of Customer or other’s contained in, stored on
or integrated with any Product returned to Citrix for repair, whether or not under warranty.
CTX_code: BM_P_122060
Was this manual useful for you? yes no
Thank you for your participation!

* Your assessment is very important for improving the work of artificial intelligence, which forms the content of this project

Download PDF

advertising