”) describe the terms and conditions under which you (and, if applicable, your employer, employees, agents, contractors and any entity on whose behalf you accept these terms) (collectively, “you
” and “your
”) may access and use the product demonstrations and related resources (collectively “Demos
”) that Citrix Systems, Inc. (“Citrix
” and “our
”) makes available on this site.
By using the Demos or by clicking to accept or agree to the Agreement when this option is made available to you, you represent that you have read and understood, and agree to be bound by this Agreement. You may use the Demos only in compliance with this Agreement, and only if you have the power to form a contract with Citrix and are not barred under any applicable laws from doing so. If you are using the Demos on behalf of an entity, you are agreeing to this Agreement on behalf of that entity and acknowledge and agree that you have the authority to bind that entity to the terms of this Agreement. If you cannot or do not agree to be bound by this Agreement, you must not use the Demos.
- Rights. Subject to these terms, we hereby grant you a limited, revocable, non-exclusive, non-transferable worldwide license to use and access the Demos solely for demonstration, training, and evaluation purposes. If you are a Citrix authorized reseller, you may also provision Demos for your customers as permitted by Citrix in its sole discretion, whose use of the Demos is also subject to the terms of this Agreement.
- Accounts. To access portions of the Demos or certain resources, you may be asked to provide certain registration details or other information. All information you provide must be correct, current and complete. You are solely responsible to us for all activities identified with your access and registration including in the case of a Citrix authorized reseller, any access and registration completed for the benefit of your customers. Citrix has the absolute right to disable any user name or password, at any time, for any reason, including, if in our sole discretion we believe that you have failed to comply with any provision of this Agreement.
- Tech Previews. Certain Demos are for Citrix products and/or services that are still in development and not yet generally available. The Demos may contain bugs, errors, and other problems. The development, release and timing of any features or functionality described in such Demos remains at our sole discretion and are subject to change at any time and without notice or consultation. These Demos are provided for informational purposes only and are not a commitment, promise or legal obligation to deliver any material, code or functionality, and they should not be relied upon in making purchasing decisions or incorporated into any contract.
- Limitations on Use. Except to the extent permitted by applicable law, you may not (i) modify, distribute, prepare derivative works of, reverse engineer, reverse assemble, disassemble, decompile or attempt to decipher any code relating to the Demos and/or Citrix technology; (ii) knowingly or negligently access or use the Demos in a manner that abuses or disrupts the networks, security systems, accounts, or products of Citrix or any third party, or attempt to gain unauthorized access to any of the above through unauthorized means, (iii) transmit through or post on the Demos any material that is deemed abusive, harassing, obscene, slanderous, fraudulent, libelous or otherwise objectionable or unlawful; (iv) market, offer to sell, and/or resell the Demos alone (v) use the Demos to send unsolicited or unauthorized advertising, junk mail, or spam; (vi) harvest, collect, or gather information or data regarding other users without their consent unless permitted by applicable law; (vii) transmit through or post on the Demos any material that may infringe the intellectual property rights or other rights of third parties, including, without limitation, trademark, copyright, data privacy or right of publicity; (viii) transmit or post on the Demos any material that contains software viruses or other harmful or deleterious computer code, files or programs; (ix) use the Demos directly or indirectly for competitive benchmarking or other competitive analysis, unless permitted under applicable law; (x) use or access (or permit someone to use or access) the Demos in a manner that violates the terms of this Agreement; (xi) upload any PHI to the Demos; or (xii) make any representations with respect to Citrix or this Agreement (including, without limitation, that Citrix is a warrantor or co-seller of any of your products and/or services).
- Intellectual Property. Except for the specific rights granted in this Agreement, we retain all ownership of our intellectual property related to the Demos, including any Citrix trademarks. We do not grant you the right to use any branding or logos used in our Demos, and any use of our trademarks and copyrights is subject to our Trademark & Copyright Guidelines.
- Feedback. We welcome any feedback based on your use of the Demos. You agree that we may use any feedback or suggestions for any purpose without any obligation or compensation to you.
- Modification and Termination. We may modify, terminate, or limit access to the Demos, in whole or in part, in our sole discretion, for any reason. You may discontinue use of the Demos at any time.
- DISCLAIMER OF WARRANTIES. YOU HEREBY ACKNOWLEDGE AND AGREE THAT THE DEMOS ARE PROVIDED BY CITRIX ON AN “AS IS” BASIS AND AS AVAILABLE, AND YOUR ACCESS TO AND/OR USE OF THE DEMOS OR ANY RELATED ASSETS 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, TITLE, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. CITRIX MAKES NO WARRANTY THAT ANY OF THE DEMOS WILL MEET YOUR REQUIREMENTS AND/OR THAT THE DEMOS 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 DEMOS OR THE ACCURACY OF ANY OTHER INFORMATION OBTAINED THROUGH THE DEMOS OR THAT ANY DEFECTS WILL BE CORRECTED. YOU UNDERSTAND AND AGREE THAT ANY MATERIAL AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED (INCLUDING PLUG-INS) THROUGH THE USE OF ANY OF THE DEMOS IS DONE AT YOUR SOLE 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 AND/OR USE OF THE DEMOS. NO INFORMATION OR ADVICE, WHETHER ORAL OR WRITTEN, YOU OBTAIN FROM CITRIX OR THROUGH THE DEMOS 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.
- 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 THESE TERMS 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.
- Indemnification. You agree to hold harmless and indemnify Citrix, its 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 the Agreement, (ii) your use of the Demos, (iii) your violation of applicable laws, rules and regulations in connection with the Demos, or (iv) your 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 your with written notice of such claim, suit or action.
- Agreement Modifications. We may modify this Agreement at any time by posting a new version at https://demo.citrix.com/tos.
- Assignment. You may not assign your rights or delegate your duties under this Agreement either in whole or in part, by operation of law or otherwise and any such attempted assignment or delegation shall be void.
- Choice of Law and Location for Resolving Disputes. This Agreement and any dispute or claim arising out of, or related hereto (including non‑contractual disputes or claims) shall be governed by and construed in accordance with the laws of the State of Florida in the United States without giving effect to any choice or conflict of laws provision or rule (whether of the State of Florida or any other jurisdiction). Any legal suit, action or proceeding arising out of, or related to, this Agreement or the Demos shall be instituted exclusively in the federal courts of the United States or the courts of the State of Florida, in each case located in Broward County, Florida. We retain the right to bring any suit, action or proceeding against you for breach of this Agreement in your country of residence or any other relevant country. You hereby irrevocably waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts
- Compliance with Laws. Both parties agree to comply with all applicable local, state, national and foreign laws, rules, and regulations, including, but not limited to, all applicable export and import laws and regulations, in connection with their performance, access and/or use of the Demos under this Agreement.
- Entire Agreement. This Agreement sets forth the entire agreement and understanding of the parties relating to the subject matter hereof and supersedes all prior and contemporaneous oral and written agreements and understandings with respect to the same. In the event of any conflict between the content of this Agreement and the documents incorporated by reference, this Agreement shall control with respect to your use of the Demos. No waiver or amendment of any term or condition of this Agreement shall be valid or binding on either party unless agreed to in writing by both parties.
- No Third Party Beneficiaries. No person or entity not a party to this Agreement will be deemed to be a third party beneficiary of this Agreement or any provision hereof.
- No Waiver. The failure of either party in any one or more instance(s) to insist upon strict performance of any of the terms of this Agreement will not be construed as a waiver or relinquishment of the right to assert or rely upon any such term(s) on any future occasion(s).
- Relationship of the Parties. You and Citrix are independent contractors. This Agreement does not create a partnership, franchise, joint venture, agency, fiduciary or employment relationship between the parties.
- Severability. If any provision of this Agreement is declared by a court of competent jurisdiction to be invalid, illegal, or unenforceable, such provision shall be severed from this Agreement and the other provisions shall remain in full force and effect and the parties agree to comply with the remaining terms of this Agreement in a manner consistent with the original intent of the Agreement.
- Third Party Services. You are responsible for any third party services or software that you use or access with any of the Demos, and acknowledge that you are governed by their respective license(s). We have no obligations or liability for any third party services or software.