PowerGadgets Mobile for XenApp License Agreement
READ CAREFULLY BEFORE INSTALLING THE SOFTWARE.
By installing the PowerGadgets Mobile for XenApp software (hereinafter"the Software" or "Software"), you are accepting the following LicenseAgreement.
LICENSE AGREEMENT. This is a legal agreement between you (either anindividual or an entity) and Software FX, Inc. By installing the software
you are agreeing to be bound by the terms of this agreement. If you do
not agree to the terms of this agreement, promptly return the uninstalledsoftware to the place you purchased it for a full refund.
1.GRANT OF LICENSE. Subject to the terms of this Agreement, Software FX
grants you a non-exclusive, perpetual license to exercise the following
rights to the Software up to the licensed Capacity: (a) install on yourowned or leased hardware at a facility owned or controlled by you; (b)operate solely for processing your own data in your business operations,and (c) make one copy of the Product for archival purposes only(collectively a "License"). The rights granted under this Agreement are
only effective upon payment of license fees and possession of theappropriate License Agreement (if applicable). The software is licensed,
not sold.
2. RESTRICTIONS. You agree to not: (a) disassemble, reverse engineer,
decompile or otherwise attempt to derive any Software source code fromobject code, except to the extent expressly permitted by applicable law
despite this limitation; (b) distribute or provide the Software to any
third party or use it in a service bureau, outsourcing environment, orfor the processing of third party data, or for rental, lease, orsublicense; (c) provide a third party with the results of any functional
evaluation, or performance tests, without Software FX’s prior written
approval; (d) attempt to disable or circumvent any of the licensing
mechanisms within the Software; or (e) violate any other usage
restrictions contained in the Software Documentation.
3. INSTALLATION. The software contains portions known as "Production
Server Components" and "Test/Development Server Components" are provided
to enable services on a computer called a server. Server shall mean aComputer System, a Virtual System or another System that provides aservice for other Systems connected to it via the Internet, an extranet,an intranet, another network, or otherwise and is a single logicaloperating system image. Examples of servers which are distinguished by
the nature of the service they provide include (but are not limited to)file servers, database servers, transaction servers, application servers,
object servers, middleware servers, and web servers. This license
agreement grants you one (1) license of the software portions known as"Production Server" and one (1) License of "Test/Development Server
Components".
(a) Use of Test Server Components. These components are licensed on a perserver basis. You may use the "Test/Development Server" software for thesole purpose of designing, developing and testing. "Test/Development
Server Components" must not be used as separate components or be used forbuilding ASP.NET applications or standalone applications in any platformor environment besides a Citrix XenApp Server. Test/Development ServerComponents" may not be used on a production server. You may notredistribute the Test Server Components without the express writtenconsent of Licensor which will be granted through an OEM Agreement. An
additional Test server license is required for each Test Server uponwhich the Software or any of its components is installed.
(b) Use of Production Server Components. These components are licensed ona per server/per named user model. The "Production Server Components" mayonly be used on one and the same server. A Production Server license isrequired for each additional server on which you will be installing andrunning any of the "Production Server Components". "Production ServerComponents" must not be used as separate components or be used forbuilding ASP.NET applications or standalone applications in any platformor environment besides a Citrix XenApp Server. "Production ServerComponents" cost is determined based the maximum number of individual
employees or contractors to whom access has been granted to the Producton a server. You agree to purchase, install and upgrade (when necessary)a version of the Software that complies with the amount of named users inyour Citrix XenApp server implementation. You may not redistribute theProduction Server Components without the express written consent ofLicensor which will be granted through an OEM Agreement.
4.COPYRIGHT. The SOFTWARE is owned by Software FX, Inc. and is protectedby United States copyright laws and international treaty provisions.
Therefore, you must treat the SOFTWARE like any other copyrighted
material (e.g. a book or a musical recording) except that you may either(a) make one copy of the SOFTWARE solely for backup or archival purposes;(b) transfer the SOFTWARE to a single hard disk provided you keep theoriginal solely for backup or archival purposes or (d) you may store or
install a copy of the Software on a storage device, such as a network
server, used only to install or run the Software on other computers overan internal network; however, you must acquire and dedicate a License foreach separate computer on which the Software is installed or run from thestorage device. A License for the Software may not be shared or usedconcurrently on different computers. You may not make multiples copies ofSOFTWARE or the written materials accompanying the SOFTWARE.
5.REDISTRIBUTABLE CODE. No Portions of the software are designated as"Redistributable Code".
6.INTELLECTUAL PROPERTY RIGHTS. You acknowledge that the Software and any
copies that you are authorized by Software FX to make are theintellectual property of and are owned by Software FX and its suppliers.
The structure, organization and code of the Software are the valuable
trade secrets and confidential information of Software FX and its
suppliers. The Software is protected by copyright, including without
limitation by United States Copyright Law, international treaty
provisions and applicable laws in the country in which it is being used.
You acknowledge that Software FX retains the ownership of all patents,
copyrights, trade secrets, trademarks and other intellectual property
rights pertaining to the Software, and that Software FX's ownershiprights extend to any images, photographs, animations, videos, audio,music, text and "applets" incorporated into the Software and allaccompanying printed materials. You will take no actions which adversely
affect Software FX's intellectual property rights in the Software.
Trademarks shall be used in accordance with accepted trademark practice,including identification of trademark owners' names. Trademarks may only
be used to identify printed output produced by the Software, and such useof any trademark does not give you any right of ownership in that
trademark. Chart FX, Grid FX, PowerGadgets, and Software FX are
trademarks of Software FX Inc.. Except as expressly stated above, thisSoftware License Agreement does not grant you any intellectual property
rights in the Software. Notifications of claimed copyright infringement
should be sent to Software FX's copyright agent as further provided on
the Software FX Web Site.
7.LIMITED TRANSFER RIGHTS Notwithstanding the foregoing, you may transfer
all your rights to use the Software to another person or legal entity
provided that: (a) you also transfer each of this Software License
Agreement, the Software and all other software or hardware bundled orpre-installed with the Software, including all copies, updates and priorversions, and all copies of font software converted into other formats,to such person or entity; (b) you retain no copies, including backups andcopies stored on a computer; (c) the receiving party secures apersonalized serial number from Software FX; and (d) the receiving party
accepts the terms and conditions of this Software License Agreement a