End User License Agreement

NComputing Support and Subscription (SnS) Terms and Conditions As of June 25, 2013
Major Upgrade means a generally available release of the Software that contains new
features, enhancements and bug fixes, identified by change in the .z (major) position of
the version; (e.g., 7.1
8.0).
Minor Upgrade means a generally available release of the Software that introduces a
limited amount of enhancements and bug fixes, identified by change in the .y (minor)
position of the version (e.g., 7.0
7.1).
Update, also known generally as a Maintenance Release, means a generally
available release of the Software that typically provides maintenance corrections or
minor fixes only, Identified by change in the .z (update) position of the version (e.g.,
7.0.1
7.0.2).
m. Support Administrator means the Customer employee designated on the Order as being
responsible for communicating with and engaging the Service Provider for Technical
Support services.
n. Support Plan means the specific Services offering that was specified in the Order (e.g.,
Premium SnS, Standard SnS).
o. Technical Support means the provision of technical assistance by the Service Provider to
the Support Administrator(s) with respect to installation, analysis of problem reports, and
Errors, in accordance with the Support Plan purchased by Customer.
p. Third Party Products means any third party proprietary software or hardware that is not
incorporated into the Software or the Services provided by a Service Provider.
2. SERVICE TERMS
2.1 Provision of Services. Service Provider shall provide the Services during the Services
Period, in accordance with the applicable Support Plan and subject to Section 2.2 below.
Please see Addendum A for information on response times associated with each Service
Plan. Further information on business hours and contact information is provided online at:
www.NComputing.com/support.
2.2 Supported Versions of Software. Our general policy is that the Current Release (as
provided on our website) and the most recent Prior Release (as provided on our website)
are considered “Active” and are supported by NComputing as described herein, while
earlier releases of the Software are considered Retired". NComputing will attempt to assist
Customers using Retired releases but may require additional fees or a Customer to upgrade
to an Active release to provide effective support or to address a Software issue. When a
Software release is to be retired, NComputing will provide advance notice, generally by
posting a notice online at: www.ncomputing.com/support/lifecycle. You agree that you will
periodically check online throughout the Service Period for information on which Software
releases are currently Active and supported by NComputing as described herein.
2.3 Subscription Advantage. Subscription Advantage is made available to customers who
have an active Support Plan. Subscription Advantage provides customers access to the
Major Upgrades, Minor Upgrades and Updates made generally available by NComputing
during to the Services Period.
2.4 Error Correction. Service Provider will make reasonable commercial efforts to correct
Errors reported to it by the Customer, provided that such Errors are reproducible by Service
Provider. Customer will promptly provide Service Provider with all information requested by
Service Provider to reproduce such Errors. For each such Error, Service Provider will use
reasonable commercial efforts to provide Customer with a workaround or software Update. If
Service Provider is unable to provide customer with either of the foregoing, a specific action
plan for addressing the Error, including a good faith estimate of the time required to correct
and resolve such Error will be communicated to the Customer.
2.5 End of Life. NComputing may, at its discretion, decide to end-of-life or retire the Software
and/or any Services (“End of Life”) in accordance with its Product Lifecycle policies
available at www.ncomputing.com/support/lifecycle. Notice of End of Availability, last date of
general commercial availability and applicable support lifecycle policies and timelines for
discontinuance shall be provided via the NComputing Support website at
www.ncomputing.com/support/lifecycle. Support for “Retired” versions of the Software would