End User License Agreement

NComputing Support and Subscription (SnS) Terms and Conditions As of June 25, 2013
Service Provider shall have no obligation to provide Services if Customer is not in full
compliance with the other terms of this Agreement, the terms of any applicable license
agreement or any other agreement between NComputing and Customer. Service Provider's
support obligations under this Agreement shall not include those arising from computer
hardware, computer network, electrical, telephone, interconnection, or the installation or
repair of accessories, alterations, parts or devices not furnished by Service Provider.
2.8 Customer Responsibilities. Customer shall reasonably cooperate with Service Provider.
Notwithstanding the generality of the foregoing, Customer’s obligations regarding Services
shall include the following:
a. Customer will provide Service Provider with reasonable access (via remote
telecommunications or on-site access at Customer's premises) to Customer's copies of
the Software and any systems that the Software is installed upon, to the extent
necessary, in Service Provider 's discretion, to enable Service Provider to meet its
support obligations as set forth in this Agreement. Service Provider shall have no liability
to Customer if the ability to render support or other Services is impaired by Customer's
inability to provide telecommunications functionality required for remote support.
b. Customer agrees to receive from NComputing communications via e-mail, telephone,
and other formats, regarding renewals, quotes, and other topics relating to Services
(such as communications concerning an Error or other technical issue and the
availability of new releases).
c. Customer’s Support Administrator(s) shall cooperate with the Service Provider to enable
Service Provider to deliver the Services. Customer’s Support Administrator(s) shall be
the sole liaison between Customer and Service Provider in connection with the Services.
Support Administrator(s) shall have, at minimum, initial basic product training for the
Software and, as needed, supplemental training appropriate for specific role or
implementation phase, specialized product usage, and/or migration. Support
Administrator(s) must be knowledgeable about the Software and the IT environment in
which it operates in order to help resolve IT system issues and to assist Service
Provider in analyzing and resolving Errors. Customer’s Support Administrator(s) shall be
responsible for (i) overseeing Customer’s service request activity, and (ii) developing
and deploying troubleshooting processes within Customer’s organization. Customer
shall notify NComputing immediately of any changes in the individuals designated as the
Support Administrator(s). In connection with the Services, Service Provider will
communicate directly and solely with Customer's currently-designated Support
Administrator(s). If Customer requires Service Provider to provide technical support to
Customer’s employees, representatives or consultants other than Customer’s Support
Administrator, NComputing may charge additional fees for such extended support
obligations at its sole discretion.
d. Customer is solely responsible for the use of the Software by its personnel (including
any authorized contractors) and shall properly train its personnel in the use and
application of the Software.
e. Customer shall promptly report to Service Provider all Errors or other problems with the
Software, and shall implement any corrective procedures provided by Service Provider
reasonably promptly after receipt.
f. Customer shall back up all data or information on any systems affected by an Error.
Customer shall be solely responsible for lost data or information in the event of Errors or
other malfunction of the Software or computers on which the Software is used.
3. SERVICES FEES
3.1 Services Fee Schedule
a. Unless otherwise indicated on the Order, Services Fees are payable on the Effective
Date or, in the case of a Renewal Services Period, no later than the date of
commencement of the applicable Renewal Services Period, and are due in accordance
with Section 3.3 below. All Services Fees are non-refundable. NComputing reserves the
right, at its sole discretion, to charge additional amounts to any Customer who requests
and receives additional or excessive support during the applicable Services Period.