Legal
The Citrix Aidrien™ software (“Citrix Aidrien”) is a tool which contains a generative artificial intelligence component for responding to product related questions regarding Citrix or NetScaler Products, and which is hosted on a Cloud Software Group, Inc. (“Company”) managed network. Citrix Aidrien aims to address all Customer product queries by leveraging your organization’s product usage telemetry data as well as public product documentation data sources and providing responses within the product itself. Citrix Aidrien is licensed to you in accordance with the Company End User Agreement available at: https://www.cloud.com/content/dam/cloud/documents/legal/end-user-agreement.pdf (“Agreement”). Capitalized terms not defined herein have the meanings ascribed to such terms in the Agreement.
Company reserves the right to Update, interrupt, or cease operation of Citrix Aidrien (either in whole, or in part) at any time and without notice to Customer for any reason, including, without limitation, where it considers it necessary to comply with applicable law or changes thereto. In such circumstances, the Company will use commercially reasonable efforts to provide alternative arrangements to Citrix Aidrien and any such interruption, delay or inability to use (in whole or in part) by the Customer shall not entitle Customer to any refund, compensation or termination of the EUA.
Customer hereby grants Company and its third party providers a limited, worldwide, non-exclusive, non-transferable and royalty-free right and license to ingest, access, process, copy, distribute, export, display and use Customer Content submitted by or on behalf of the Customer to Citrix Aidrien (i) for the purpose of generating output to support the installation and configuration of the applicable Product(s) and (ii) to maintain and improve the customer experience. Customer shall ensure that all Personal Data or other confidential and/or proprietary information is removed prior to its submission to Citrix Aidrien.
NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THE AGREEMENT, WITH RESPECT TO CITRIX AIDRIEN SPECIFICALLY, CUSTOMER HEREBY ACKNOWLEDGES AND AGREES THAT CITRIX AIDRIEN IS PROVIDED BY COMPANY ON AN “AS IS” BASIS AND “AS AVAILABLE”, AND CUSTOMER ACCESS TO AND/OR USE OF CITRIX AIDRIEN IS AT CUSTOMER’S SOLE RISK. TO THE EXTENT PERMITTED BY APPLICABLE LAW, COMPANY EXPRESSLY DISCLAIMS ALL, AND CUSTOMER RECEIVES 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. COMPANY MAKES NO WARRANTY THAT CITRIX AIDRIEN WILL MEET CUSTOMER’S REQUIREMENTS AND/OR THAT THE USE OF CITRIX AIDRIEN WILL BE UNINTERRUPTED, TIMELY OR ERROR-FREE, NOR DOES COMPANY MAKE ANY WARRANTY AS TO THE RESULTS AND OUTPUT THAT MAY BE OBTAINED FROM THE USE OF CITRIX AIDRIEN OR THE ACCURACY OF ANY OTHER INFORMATION OBTAINED THROUGH CITRIX AIDRIEN OR THAT ANY DEFECTS WILL BE CORRECTED. NO INFORMATION OR ADVICE, WHETHER ORAL OR WRITTEN, OBTAINED BY CUSTOMER FROM COMPANY OR THROUGH CITRIX AIDRIEN 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 CUSTOMER.
NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THE AGREEMENT, IN NO EVENT SHALL COMPANY BE LIABLE FOR ANY INDIRECT, SPECIAL, CONSEQUENTIAL AND/OR INCIDENTAL LOSS, EXEMPLARY OR OTHER DAMAGES RELATED TO CITRIX AIDRIEN WHETHER DIRECT OR INDIRECT INCLUDING BUT NOT LIMITED TO: (i) LOSS OF DATA, (ii) LOSS OF INCOME, (iii) LOSS OF OPPORTUNITY, (iv) LOST PROFITS, AND (v) COSTS OF RECOVERY OR RECONFIGURATION OR DATA RECONSTRUCTION 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 COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. TO THE EXTENT PERMITTED BY APPLICABLE LAW, COMPANY LIABILITY HEREUNDER IS LIMITED TO $1,000.00. 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 CUSTOMER.