End User License Agreement
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Your creditors, or suer or le any similar action in any jurisdiction in consequence of debt. This
EULA and all licenses granted herein may also be terminated by NComputing as set forth in
Section 11 below. Upon any termination of this EULA, You shall cease all use of and destroy all
of your copies of the Firmware. Notwithstanding the expiration or termination of this EULA, it
is acknowledged that those rights and obligations that by their nature are intended to survive
such expiration or termination will survive, including, without limitation, the disclaimers of
warranties and limitations of liability provided herein.
11. LIMITED WARRANTY; DISCLAIMER OF WARRANTIES. NComputing warrants that the
Firmware (and any Updates thereto) will perform substantially in accordance with the
applicable user documentation for a period of ninety (90) days from the date of your purchase
of the Thin Client on which the Firmware is installed (the “Limited Warranty”). NComputing’s
and its suppliers’ sole liability, and your exclusive remedy, for any breach of this Limited
Warranty or for breach of any other warranty related to the performance of the Firmware shall
be, at NComputing’s option, (i) to terminate this EULA and return the amount paid by you for
the Thin Client on which the aected Firmware was installed; or (ii) to repair or replace the
Firmware to make it perform substantially in accordance with the Limited Warranty. This Limited
Warranty shall not apply (i) if you make any unauthorized modications to the Firmware, or
misuse, abuse of the Firmware; (ii) if you use the Firmware for purposes other than its intended
use; or (ii) if you violate any terms and conditions of this EULA. NComputing and its suppliers
make no warranties, and provide no remedies, in connection with any defects discovered after
the ninety-day Limited Warranty period.
EXCEPT FOR THE LIMITED WARRANTY PROVIDED ABOVE, THE FIRMWARE, INCLUDING
WITHOUT LIMITATION ANY OPEN SOURCE SOFTWARE INCORPORATED THEREIN OR PROVIDED
THEREWITH, AND ANY ACCOMPANYING DOCUMENTATION, ARE PROVIDED “AS IS”.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE WARRANTIES EXPRESSLY
STATED HEREIN ARE EXCLUSIVE AND IN LIEU OF ALL OTHER WARRANTIES, WHETHER IMPLIED,
STATUTORY OR OTHERWISE, INCLUDING THE WARRANTIES OF MERCHANTABILITY, NON-
INFRINGEMENT, TITLE, FITNESS FOR A PARTICULAR PURPOSE OR SATISFACTORY QUALITY,
WHICH NCOMPUTING SPECIFICALLY DISCLAIMS, FOR ITSELF AND ON BEHALF OF ITS SUPPLIERS,
TOGETHER WITH ANY AND ALL WARRANTIES ARISING FROM COURSE OF DEALING OR USAGE
IN TRADE. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM
NCOMPUTING OR ELSEWHERE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THIS
AGREEMENT.
SOME JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OF IMPLIED WARRANTIES, SO THE
DISCLAIMER OF IMPLIED WARRANTIES ABOVE MAY NOT APPLY TO YOU, IN WHICH CASE THE
DURATION OF ANY SUCH IMPLIED WARRANTIES SHALL BE LIMITED TO NINETY (90) DAYS
FROM THE DATE YOU PURCHASED THE FIRMWARE; PROVIDED, HOWEVER, THAT IN SUCH CASE
NCOMPUTING’S OR ITS SUPPLIERS’ SOLE LIABILITY AND YOUR EXCLUSIVE REMEDY FOR BREACH
OF SUCH IMPLIED WARRANTIES SHALL IN ANY CASE BE, AT NCOMPUTING’S OPTION, (i) TO
REPAIR OR REPLACE THE FIRMWARE TO CONFORM IT TO SUCH APPLICABLE WARRANTY, OR (ii)
TO TERMINATE THIS EULA AND RETURN THE AMOUNT PAID BY YOU FOR THE THIN CLIENT ON
WHICH THE AFFECTED FIRMWARE WAS INSTALLED.
NCOMPUTING DOES NOT WARRANT THAT THE OPERATION OF THE FIRMWARE WILL BE
UNINTERRUPTED OR ERROR FREE OR THAT THE FIRMWARE WILL MEET YOUR SPECIFIC
REQUIREMENTS. YOU ACKNOWLEDGE AND AGREE THAT PERFORMANCE OF THE FIRMWARE
MAY VARY DEPENDING ON THE LICENSED SERVER, THIN CLIENT, THE SOFTWARE PROGRAMS
RUNNING ON THE FOREGOING (INCLUDING THE FIRMWARE), AND THE BANDWIDTH AND
CONFIGURATION OF THE NETWORK CONNECTING THEM.
12. LIMITATION OF LIABILITY. EXCEPT TO THE EXTENT THAT LIABILITY MAY NOT BY LAW BE
LIMITED OR EXCLUDED, IN NO EVENT WILL NCOMPUTING OR ITS SUPPLIERS BE LIABLE FOR LOSS
OR CORRUPTION OF DATA, LOST PROFITS OR LOSS OF CONTRACTS, COST OF PROCUREMENT
OF SUBSTITUTE PRODUCTS OR OTHER SPECIAL, INCIDENTAL, PUNITIVE, CONSEQUENTIAL
OR INDIRECT DAMAGES ARISING FROM THE SUPPLY OR USE OF THE FIRMWARE, HOWEVER