End User License Agreement
3 of 8
NComputing provide You such rights to copy, modify, distribute or otherwise use such Open
Source Software that are inconsistent with the limited rights granted to You in this EULA, then
such rights in the applicable Open Source Software license shall take precedence over the rights
and restrictions granted in this EULA, but solely with respect to such Open Source Software and
solely to the extent of such inconsistency. You acknowledge that all Third Party Software license
terms are solely between you and the applicable licensor of such Third Party Software. You shall
comply with the terms of all applicable Third Party Software licenses.
8. UPDATE SERVICES. NComputing may make use of Internet-based services in the Firmware
(the “Update Services”) to deliver to you Updates (as dened below) and/or notications
in connection with the Firmware. NComputing reserves the right to change its method of
delivering the Update Services at any time. You must not interfere in any way with the Update
Services. NComputing shall not be responsible for any errors in the Firmware that would have
been xed by Updates to the Firmware that NComputing attempted to provide but that were
not applied because of interference with the Update Services.
a. From time to time, NComputing may, at its own discretion, create updates and/or patches
(hereinafter collectively referred to as “Updates”) to the Firmware. Updates may include
support for and compatibility with operating system updates or service packs, bug xes,
and incremental improvements. Updates do NOT include major upgrades to the Firmware,
which may contain major feature additions, support for previously unsupported operating
systems, or support for new hardware products; such major upgrades constitute new
Firmware for which NComputing may charge additional fees and which may or may not be
made available via the Update Services.
b. If available, you may obtain Updates at no additional charge within one (1) year after the
date of your purchase of the Thin Client on which this Firmware is installed.
c. After one year from the date of your purchase the Thin Client on which this Firmware is
installed, NComputing may make further updates available to you for an additional fee per
its Support and Subscription (SnS Terms and Conditions).
d. You may obtain Updates only from NComputing or its authorized sources.
e. The Firmware is designed to be compatible with currently supported operating systems
and server hardware. Notwithstanding the foregoing, NComputing does not warrant and/
or represent that the Firmware will be compatible with any operating systems, applications,
hardware or software, or any updates or upgrades thereto. If you upgrade your Server
Software, operating system, applications, hardware or other software, NComputing will
not be liable for any problems that may occur as a result of an incompatibility between the
Firmware and any such upgraded hardware or software product.
f. You may not use these Update Services in any way that could harm them or impair anyone
else’s use of the Firmware and/or the Update Services. You may not use these Update
Services to try to gain unauthorized access to the Firmware, Server Software, or any other
software, service, data or network.
9. DATA USE RIGHTS. You acknowledge and agree that NComputing may collect and use any
information generated by the Firmware, including, but not limited to, error reports, connection
logs and other reports related to the Firmware and its usage and maintenance, to improve
NComputing’s rmware and services. This information may be collected when you register the
Firmware with, or download it from, NComputing or when you contact us regarding support.
NComputing may also share any such information with Citrix Systems and other third parties,
such as other hardware and software vendors, who may use it to improve their own products
and services.
10. TERM AND TERMINATION. This EULA will remain in eect until terminated. Unauthorized
copying of the Firmware or failure to comply with the terms of this EULA will result in automatic
termination of this EULA and all licenses granted herein, and will make available to NComputing
other legal remedies. This EULA and all licenses granted herein will automatically terminate
if You go into liquidation, suer or make any winding up petition, make an arrangement with