End User License Agreement

NComputing Support and Subscription (SnS) Terms and Conditions As of June 25, 2013
only be provided in accordance with Section 2.2 above. To the extent that Customer has
pre-paid any Services Fees in connection with a discontinued or retired Software version,
NComputing shall, at its option, either (i) refund to Customer a pro-rata portion (applicable to
the period after the date of such discontinuation or retirement) of such Services Fees, or (ii)
provide credit for a pro-rata portion (applicable to the period after the date of such
discontinuation or retirement) of such Services Fees to Customer’s account.
2.6 Requirements. Unless the Customer has previously ordered and is already receiving
Services in connection with other releases of the Software, Customer may order new
Services only for the most current, generally available release of the Software. Limited
exceptions may apply for specific Software releases as further described at
www.NComputing.com/support.
a. To obtain Technical Support, Customer must notify Service Provider immediately of any
suspected Error and submit a support case which shall include: (i) reasonable detail of
the nature of the circumstances surrounding the Error; (ii) complete software, hardware
and network configuration information for systems using the Software; (iii) all information
needed to reproduce such Error; and (iv) all other information as may reasonably be
requested by Service Provider. Service Provider shall determine the severity level of the
Error based on the severity definitions set forth in Addendum A. Customer agrees that
Service Provider may perform remote diagnostics on Customer’s hardware and software
to determine the existence and nature of an Error.
b. If the Customer is renewing this Agreement for a Renewal Services Period, Customer
must purchase and/or renew Services during such Renewal Services Period at the
same Service Level as that ordered during the Initial Services Period. For most
Software, a minimum of one (1) year of Services must be purchased, as further set forth
at www.NComputing.com/support.
c. Service Provider, during the provision of Technical Support, may analyze whether or not
a reported Error is related to Modified Code. Where Service Provider suspects that a
problem may be related to Modified Code, Service Provider, in its sole discretion, may
require that all Modified Code be removed from the Software before any Services are
provided. Customer must comply with any such request. If Service Provider cannot
correct the Error despite commercially reasonable efforts, or reasonably suspects that
the problem is related to Modified Code, Customer shall be informed that additional
assistance may be obtained by Customer directly from various product discussion
forums or via engagement for an additional fee with NComputing’s services group.
d. NComputing shall have no obligation to provide Services for any software that is not
properly licensed from NComputing.
2.7 Eligibility. Problems caused by the following situations are not included in Services but may
be addressed separately upon request at NComputing’s then-current hourly rates for
consulting services, subject to personnel availability and the then-current standard
consulting services terms and conditions:
a. accident; unusual physical, electrical or electromagnetic stress; neglect; misuse; failure
of electric power, air conditioning or humidity control; operation of the Software with
other media not in accordance with specifications; or causes other than ordinary use;
b. improper installation by Customer or use of the Software that deviates from any
operating procedures as specified in the Documentation;
c. actual or attempted modification, alteration or addition to the Software undertaken by
Customer or any third party other than the Service Provider;
d. Third Party Products, other than the interface of the Software with such Third Party
Products;
e. Modified Code;
f. any customized deliverables created by NComputing specifically for Customer; or
g. any technical issue unrelated to an Error.