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 License Agreement. 

LICENSE AGREEMENT. This is a legal agreement between you (either an individual 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 uninstalled software 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 your owned 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 the appropriate 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 from object 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, or for the processing of third party data, or for rental, lease, or sublicense; (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 a Computer System, a Virtual System or another System that provides a service for other Systems connected to it via the Internet, an extranet, an intranet, another network, or otherwise and is a single logical operating 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 per server basis. You may use the "Test/Development Server" software for the sole purpose of designing, developing and testing. "Test/Development Server Components" must not be used as separate components or be used for building ASP.NET applications or standalone applications in any platform or environment besides a Citrix XenApp Server. Test/Development Server Components" may not be used on a production server. You may not redistribute 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 upon which the Software or any of its components is installed.
(b) Use of Production Server Components. These components are licensed on a per server/per named user model. The "Production Server Components" may only be used on one and the same server. A Production Server license is required for each additional server on which you will be installing and running any of the "Production Server Components". "Production Server Components" must not be used as separate components or be used for building ASP.NET applications or standalone applications in any platform or environment besides a Citrix XenApp Server. "Production Server Components" cost is determined based the maximum number of individual employees or contractors to whom access has been granted to the Product on a server. You agree to purchase, install and upgrade (when necessary) a version of the Software that complies with the amount of named users in your Citrix XenApp server implementation. You may not redistribute the Production Server Components without the express written consent of Licensor which will be granted through an OEM Agreement.

4.COPYRIGHT. The SOFTWARE is owned by Software FX, Inc. and is protected by 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 the original 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 over an internal network; however, you must acquire and dedicate a License for each separate computer on which the Software is installed or run from the storage device. A License for the Software may not be shared or used concurrently on different computers. You may not make multiples copies of SOFTWARE 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 the intellectual 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 ownership rights extend to any images, photographs, animations, videos, audio, music, text and "applets" incorporated into the Software and all accompanying 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 use of 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 or pre-installed with the Software, including all copies, updates and prior versions, and all copies of font software converted into other formats, to such person or entity; (b) you retain no copies, including backups and copies stored on a computer; (c) the receiving party secures a personalized serial number from Software FX; and (d) the receiving party accepts the terms and conditions of this Software License Agreement a