1. Acceptance of Terms.
These Terms of Service contain the complete terms and conditions that apply to your use of these services, including any included client software (“Services”) which are provided by Citrix Systems, Inc. (“Citrix”) and the Citrix User Group Community (“CUGC”). Citrix reserves the right to make changes to the Terms from time to time. By accessing the Services or using any part of the site or any content or services hereof, you agree to become bound by the most current terms and conditions, which are posted at: http://www.citrix.com/buy/licensing/agreements.html. If you do not agree to all the terms and conditions, then you may not access the site or use these Services. If you are a person barred from receiving the Services under the laws of the United States or other countries, including the country in which you are resident or from which you use the Services. You affirm that you are over the age of 18 and are of the age of majority in the applicable jurisdiction from which you are using the services or accessing this site.
2. Your Account and Use of the Services.
If you are required to set up an account in order to use the Services, you will be responsible for any and all activities that occur under your account, including those of your employees, contractors or agents. If you are permitted or required to download or install software from Citrix in connection with the Services and such software is not accompanied by a corresponding license, then Citrix grants you a limited, personal, non-exclusive, non-transferable, non-sublicensable, non-assignable license to use the software provided to you by Citrix in connection with the Services. Such license is for the sole purpose of enabling you to use the Services in the manner permitted by the Terms of Service. You may not (and you may not permit anyone else to): (a) copy, modify, create a derivative work of, reverse engineer, decompile or otherwise attempt to extract the source code of the Services or any part thereof, unless this is expressly permitted by applicable mandatory by law, or unless you have been specifically permitted to do so in writing (e.g., through an applicable click through or open source software license); (b) attempt to disable or circumvent any security mechanisms used by the Services or any applications running on the Services, or (c) use the Services in connection with infringement analysis concerning any Citrix product or service. Notwithstanding anything set forth in these Terms, your use of any open source components in such software shall in all ways be governed by the open source licenses indicated as applicable to the software at http://www.citrix.com/buy/licensing/open-source.html. You must maintain the confidentiality of your account and password, and you agree to notify CUGC promptly of any unauthorized access or of any suspected breach of your account’s security. You may be held liable for losses incurred by Citrix and/or another party due to a third party using your account or password.
3. Your Content.
While using the Services, you may be asked to provide feedback regarding your use of the Services. You agree that you will not be entitled to any compensation or reimbursement from Citrix in connection with any feedback, and you hereby grant to Citrix a perpetual, non-revocable, royalty-free worldwide license to use and/or incorporate such feedback into the Services or any other Citrix product or service at any time at the sole discretion of Citrix.
5. No Technical Support.
Citrix does not, and is not obligated to provide any maintenance, technical or other support for the Services. Citrix strongly recommends that you back up all data and information prior to using the Services.
6. Acceptable Use Policy.
You hereby acknowledge that Citrix (or Citrix licensors) own all legal rights, titles and interests, in and to the Services, including any intellectual property rights which subsist in the Services (whether those rights are registered or unregistered, and wherever in the world those rights may exist). You will not modify, adapt, translate, prepare derivative works from, decompile, reverse engineer, disassemble or otherwise attempt to derive source code from any of our services, software, or documentation, or create or attempt to create a substitute or similar service or product through use of or access to the Services or proprietary information related thereto.
8. Modification and Termination.
You may discontinue your use of the Services at any time. Notwithstanding any provision of these Terms of Service, Citrix and CUGC reserve the right to discontinue provision of the Services or restrict access at any time in its sole discretion with or without notice to you.
9. DISCLAIMER OF WARRANTIES.
YOU HEREBY ACKNOWLEDGE AND AGREE THAT THE SERVICES ARE PROVIDED BY CITRIX ON AN “AS IS” BASIS AND “AS AVAILABLE” BASIS, AND MAY CONTAIN BUGS, ERRORS, AND OTHER DEFECTS. YOUR ACCESS TO AND/OR USE OF THE SERVICES, CITRIX WEBSITES, AND/OR LINKED SITES, IS AT YOUR SOLE RISK. TO THE EXTENT PERMITTED BY APPLICABLE LAW, CITRIX EXPRESSLY DISCLAIMS ALL AND YOU RECEIVE NO WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THOSE OF MERCHANTABILITY, SATISFACTORY QUALITY, SUPPORT, TITLE, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. CITRIX MAKES NO WARRANTY THAT ANY OF THE SERVICES WILL MEET YOUR REQUIREMENTS AND/OR THAT THE SERVICES WILL BE UNINTERRUPTED, TIMELY OR ERROR-FREE, NOR DOES CITRIX MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES OR THE ACCURACY OF ANY OTHER INFORMATION OBTAINED THROUGH THE SERVICES OR THAT ANY DEFECTS IN THE SERVICES WILL BE CORRECTED. CITRIX MAKES NO WARRANTIES OR GUARANTEES REGARDING THE SECURITY OF THE SERVICES. YOU ASSUME ALL RISKS AND ALL COSTS ASSOCIATED WITH YOUR USE OF THE SERVICES, INCLUDING, WITHOUT LIMITATION, ANY INTERNET ACCESS FEES, BACK-UP EXPENSES, COSTS INCURRED FOR THE USE OF YOUR DEVICE AND PERIPHERALS, AND ANY DAMAGE TO ANY SOFTWARE, INFORMATION, DATA OR EQUIPMENT. YOU UNDERSTAND AND AGREE THAT ANY MATERIAL AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED (INCLUDING PLUG-INS) THROUGH THE USE OF ANY OF THE SERVICES IS AT YOUR OWN RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM AND/OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL AND/OR DATA. NO INFORMATION OR ADVICE, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM CITRIX OR THROUGH THE SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES AND CONDITIONS, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.
10. LIMITATION ON LIABILITY.
IN NO EVENT SHALL CITRIX BE LIABLE FOR ANY INDIRECT, SPECIAL, CONSEQUENTIAL AND/OR INCIDENTAL LOSS, EXEMPLARY OR OTHER DAMAGES RELATED TO THE SERVICE, AND/OR WHETHER DIRECT OR INDIRECT: (i) LOSS OF DATA, (ii) LOSS OF INCOME, (iii) LOSS OF OPPORTUNITY, (iv) LOST PROFITS, AND (v) COSTS OF RECOVERY OR ANY OTHER DAMAGES, HOWEVER CAUSED AND BASED ON ANY THEORY OF LIABILITY, AND WHETHER OR NOT FOR BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), VIOLATION OF STATUTE, OR OTHERWISE, AND WHETHER OR NOT CITRIX HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. TO THE EXTENT PERMITTED BY APPLICABLE LAW, CITRIX LIABILITY HEREUNDER IS LIMITED TO $50.00. SOME JURISDICTIONS DO NOT ALLOW LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
You agree to hold harmless and indemnify Citrix, its parent company, affiliates and subsidiaries, officers, directors, members of each and all agents, employees, advertisers, licensors, suppliers and/or partners, from and against any third party claim arising from or in any way related to (i) your breach of these Terms of Service, (ii) your use of the Service, (iii) your violation of applicable laws, rules or regulations in connection with the Services, or (iv) your user content, including any liability or expense arising from all claims, losses, damages (actual and consequential), suits, judgments, litigation costs and attorneys' fees, of every kind and nature. In such a case, Citrix will provide you with written notice of such claim, suit or action.
12. High-Risk Use.
You acknowledge that the Services are not designed or intended for access and/or use in or during high-risk activities including, but not limited to: medical procedures; online control of aircraft, air traffic, aircraft navigation or aircraft communications; or the design, construction, operation or maintenance of any nuclear facility. Citrix hereby expressly disclaims any express or implied warranty of fitness for such purposes.
13. Compliance with Laws.
You agree to comply with all applicable local, state, national and foreign laws, rules, and regulations applicable to your use of the Services.
14. Governing Law.
These Terms shall be governed by and construed in accordance with the laws of the State of Florida, exclusive of any provisions of the United Nations Convention on Contracts for Sale of Goods, including any amendments thereto, and without regard to principles of conflicts of law. Any litigation or other dispute resolution between you and Citrix arising out of or relating to these Terms or your use of the Services shall be instituted in a state or federal court in Broward County, Florida. You and Citrix hereby consent to the personal jurisdiction of and exclusive venue of these state and federal courts with respect to any such litigation or dispute resolution.