OBM Management Pack for Citrix 3.1

SOFTWARE EVALUATION LICENSE AGREEMENT

Version 1.1

IMPORTANT

PLEASE READ THIS HYCU EVALUATION LICENSE AGREEMENT CAREFULLY BEFORE DOWNLOADING THIS SOFTWARE PRODUCT. BY CLICKING ON THE ‘‘I ACCEPT’’ ICON BELOW, YOU (THE INDIVIDUAL OR LEGAL ENTITY) WILL BE AGREEING TO BE BOUND BY ALL OF THE TERMS AND CONDITIONS OF THIS EVALUATION LICENSE AGREEMENT. IF YOU DO NOT AGREE TO ANY OF THE TERMS OF THIS AGREEMENT, CLICK ON THE “I DO NOT ACCEPT” ICON IN WHICH CASE YOU WILL NOT BE ABLE TO DOWNLOAD THIS SOFTWARE PRODUCT AND WILL BE DIRECTED BACK TO ANOTHER WEB PAGE.

1. Grant of License.

Subject to the terms and conditions of this Agreement, HYCU hereby grants You a limited, non-transferable, non-exclusive, temporary, limited right to download, install, and use one copy of the Software in object code form in a non-production environment and for a limited time period for the sole purpose of evaluating the Software. “Software” means the software product that is licensed to You under this Agreement, including any related components provided with the Software, application programming interfaces, associated media, printed materials, online or electronic documentation, and any updates and maintenance releases thereto.

Except as expressly permitted by this Agreement or by applicable law, You may not (i) sell, lease, assign, license, sublicense, distribute or otherwise transfer in whole or in part the Software; (ii) permit any use of or access to the Software by any third party, or operate the Software on behalf of or for the benefit of any third party, including the operation of any service that is accessed by a third party; (iii) decompile, disassemble, reverse engineer, or otherwise attempt to derive source code from the Software; (iv) modify or create derivative works based upon the Software; (v) create, develop, license, install, use, or deploy any software or services to circumvent, enable, modify or provide access, permissions or rights which violate the technical restrictions in the Software; or (vi) put the Software into production environment.

You may not copy the Software or remove any titles, trademarks or trade names, copyright notices, legends, or other proprietary markings on the Software. You are not granted any rights to any trademarks or service marks of HYCU.

2. Ownership.

HYCU and/or its Affiliates and/or its licensors, retain all right, title, and interest in and to the Software and in all related copyrights, trade secrets, patents, trademarks, and any other intellectual and industrial property and proprietary rights, including registrations, applications, renewals, and extensions of such rights. You have no rights in the Software except as explicitly granted to You in this Agreement. This AGREEMENT confers no title or ownership and is not a sale of any rights in the Software or Documentation.

The Software may contain portions or components that are third party software programs available under open source or free software licenses (“Open Source Software”). Any such Open Source Software components are licensed to you under the terms of the applicable license agreements included with such open source software components. Notwithstanding any such open source or free software licenses, the Software as a whole is subject to all of the terms and conditions of this Agreement including, without limitation, the limited warranty and limitation of liability provisions herein.

3. Support.

HYCU will not provide any support services in connection with the Software or Documentation under this Agreement. This Agreement does not give any rights to any updates or upgrades to the Software or to any extensions or enhancements to the Software developed by HYCU at any time in the future.

4. Evaluation and use of Data

In consideration for the grant of license, You will provide the feedback about the Software product at the end of the Evaluation Term.

You agree that HYCU may (and may engage third parties to do so as well) collect, combine, use, and process individual user and device/system information provided by You to enable, optimize, and provide the Software and support services related to Software, make recommendations regarding usage of the Software, and/or to improve HYCU’s products and services in general, including by reviewing aggregate data for statistical analyses. HYCU will not use information in a form that personally identifies You. Any such collection and use of such information shall be subject to HYCU’s privacy policy in force from time to time.

5. Term and Termination.

This Agreement is effective as of the date the Software is downloaded (“Effective Date”). The Software License is temporary and it lasts until the expiration of the Evaluation Term as defined in Your installation package. Upon expiry You agree to cease use of and destroy the Software. HYCU reserves the right to include features in the Software that will cause Software to stop functioning after expiry of the Evaluation Term.

You may terminate this AGREEMENT at any time by ceasing all use of the Software and Documentation and deleting, or otherwise destroying, all copies of the Software and Documentation.

HYCU may terminate this Agreement immediately upon notice if You fail to comply with any term of this Agreement. Following receipt of any such notice, You must forthwith cease all use of the Software and Documentation and delete, or otherwise destroy, all copies of the Software and Documentation. The provisions regarding title, exclusion of warranty, and limitation of liability will survive termination or expiration of this Agreement.

6. Exclusion of Warranty.

THE SOFTWARE IS PROVIDED “AS IS”.TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE MANDATORY LAW, HYCU, ITS AFFILIATES, AND LICENSORS, PROVIDE THE SOFTWARE WITHOUT ANY WARRANTIES OF ANY KIND, EXPRESS, IMPLIED, STATUTORY, OR IN ANY OTHER PROVISION OF THIS AGREEMENT OR COMMUNICATION WITH YOU, AND HYCU AND ITS LICENSORS SPECIFICALLY DISCLAIM ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

7. Limitation of Liability.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL HYCU OR ITS AFFILIATES, AND LICENSORS, BE LIABLE FOR ANY LOST PROFITS OR BUSINESS OPPORTUNITIES, LOSS OF USE, BUSINESS INTERRUPTION, LOSS OF DATA, OR ANY OTHER INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES UNDER ANY THEORY OF LIABILITY, WHETHER BASED IN CONTRACT, TORT, NEGLIGENCE, PRODUCT LIABILITY, OR OTHERWISE. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE PRECEDING LIMITATION MAY NOT APPLY TO YOU. HYCU’S AND ITS LICENSORS’ LIABILITY UNDER THIS AGREEMENT WILL NOT, IN ANY EVENT, EXCEED THE LICENSE FEES YOU PAID FOR THE SOFTWARE, IF ANY. THE FOREGOING LIMITATIONS SHALL APPLY REGARDLESS OF WHETHER HYCU OR ITS LICENSORS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND REGARDLESS OF WHETHER ANY REMEDY FAILS OF ITS ESSENTIAL PURPOSE.

8. General.

You shall not disclose any part of the Software or your feedback with any third party without HYCU’s prior consent. You shall impose a duty of confidentiality upon your employees with regard to construction principles or design details in the Software and for the content of the documentation and other materials licensed to You under this Agreement.

This Agreement is the complete and exclusive agreement between You and HYCU relating to the Software and supersedes any conflicting terms of any previous or contemporaneous oral or written communications, proposals, and representations with respect to its subject matter.

No failure of either party to exercise or enforce any of its rights under this Agreement will act as a waiver of those rights. This Agreement may only be modified, or any rights under it waived, by a written document executed by the party against which it is asserted.

If any provision of this Agreement is found illegal or unenforceable, it will be enforced to the maximum extent permissible, and the legality and enforceability of the other provisions of this Agreement will not be affected.

This Agreement will be governed by the laws of the Commonwealth of Massachusetts, USA without regard to its choice of law principles. The United Nations Convention for the International Sale of Goods will not apply. Any action regarding any matter covered by this Agreement or regarding the relationship of the parties shall be brought in a federal or state court located in Boston, Massachusetts, USA.

In addition to any and all other remedies that may be available at law, in the event of any breach of this Agreement by You, HYCU shall be entitled to specific performance of the agreements and obligations hereunder and to such other injunctive or other equitable relief as may be granted by a court of competent jurisdiction. You agree that such remedies are appropriate in order to protect HYCU’s rights in the Software.

THIS IS THE END OF THIS EVALUATION LICENSE AGREEMENT.


I, the Licensee, hereby state that I have read, that I understand and agree to this Agreement.

I accept