End User License Agreement

NComputing Support and Subscription Terms and Conditions As of Nov-20, 2012
NComputing Support and Subscription (SnS)
Terms and Conditions
NComputing, Inc. (“NComputing”), shall provide technical Support and Subscription (“SnS”)
services (collectively, the “Services”) to the individual or entity purchasing such Services for their
internal use (“Customer”), per the terms of these NComputing SnS Terms and Conditions (the
“Agreement”). The Services apply solely to the Software (as defined below) and not to any
hardware products, which, if applicable, are separately covered under NComputing’s Limited
Hardware Warranty available at www.ncomputing.com/support/documentation.
1. DEFINITIONS.
a. Documentation means any user instructions, manuals or other materials, and on-line files
regarding the use of the Software, as revised by NComputing from time to time, that are
generally provided by NComputing in connection with the Software.
b. Effective Date means the date specified in the Order.
c. Error means a reproducible failure in the Software to materially conform to the
specifications described in the applicable Documentation.
d. License Administrator means the Customer employee designated on the Order as being
responsible for: (a) facilitating the election, purchase, and, if applicable, renewal of the
Services; (b) receiving and administering Software licenses, Major Upgrades, Minor
Upgrades and Updates from NComputing; and (c) Customer’s compliance with the terms
and conditions of this Agreement. Customer may change its License Administrator at any
time upon reasonable advance written notice to NComputing.
e. Modified Code means any modification, addition and/or development of code scripts
(whether created by NComputing, Customer or any third party) that deviates from the
predefined product code tree(s)/module(s) developed by NComputing for production
deployment and/or use, and specifically excludes (i) customizable Software options made
generally available by NComputing and for which Services are available; and (ii) Major
Upgrades, Minor Upgrades, and Updates.
f. Order means the Customer’s ordering document specifying the applicable Service
Provider, the Effective Date, the Software for which the Services are requested (e.g.,
vSpace Server, vSpace Management Center), the Support Plan (e.g., Premium,
Standard), the Services Period (e.g., 1 year), the customer License Administrator, and the
customer Support Administrator.
g. Services Fees means the fees for the provision of Services as set forth in a
corresponding NComputing or an authorized Service Provider.
h. Services Period means the Initial Services Period and any Renewal Services Period as
such terms are defined in Section 6.a.
i. Service Provider means the named entity (e.g., NComputing or its authorized reseller) in
the NComputing entitlement confirmation e-mail that will provide Technical Support to the
customer.
j. Service Level means the level of service associated with the type of Support Plan
ordered by the Customer, as more particularly described in Addendum A.
k. Software refers to NComputing Software for which the Services are requested in an
Order, and which is eligible to receive the Services as set forth in this Agreement.
l. Subscription Advantage means the provision of Major Upgrades, Minor Upgrades, and
Updates, if any, with respect to the Software and/or the corresponding Documentation.
Versioning for Subscription Advantage is provided in the following format:
major.minor.update (x.y.z). More particularly: