End User License Agreement

NComputing Support and Subscription (SnS) Terms and Conditions As of June 25, 2013
is lawfully disclosed to the other party by a third party without restriction on the disclosure; or
(d) is independently developed by the other party. The receiving party shall only use the
Confidential Information of the disclosing party only with respect to performance of its
obligations under this Agreement and shall keep and instruct its employees and agents to
keep Confidential Information confidential by using at least the same care and discretion as
used with that party’s own confidential information, but in no case less than a prudent and
reasonable standard of care. Nothing shall prevent either party from disclosing the terms or
pricing under your order in any legal proceeding arising from or in connection with your order
or disclosing the confidential information to a federal or state governmental entity as required
by law. If any party, its employees or agents breaches or threatens to breach the
confidentiality obligations or obligations relating to use of the Confidential Information, the
affected party may obtain injunctive relief from a court of competent jurisdiction, in addition
to its other remedies, inadequate monetary damages and irreparable harm being
acknowledged.
8. Data Use Rights. Customer acknowledges and agrees that NComputing may collect and
use any information generated during the provision of Services to Customer, including, but
not limited to, Error reports, connection logs and other reports related to the Services, to
improve NComputing’s software and services. NComputing may also share such
information with other Service Providers and third parties, such as other hardware and
software vendors, who may use it to improve their own products and services.
9. Modifications. NComputing may modify or update this Agreement after the Initial Services
Period with thirty (30) days advance notice to Customer of any changes that may have a
potential adverse material impact on Customer. For all Renewal Services Period(s),
NComputing’s then-current terms and conditions for the Services will apply. This Agreement
may not be amended by Customer except in a written document signed by both parties.
10. Miscellaneous. Customer may not transfer, assign or delegate any of its rights or
obligations under this Agreement, in whole or in part, whether voluntarily, by operation of
law, by merger or sale of all or substantially all of its stock or assets, or otherwise, without
the prior written consent of NComputing. Any purported transfer, assignment, or delegation
by Customer without such prior written consent shall be null and void. NComputing has the
right to transfer, assign or delegate any of its rights or obligations under this Agreement to
one or more third parties without Customer’s consent, including through reorganization,
reincorporation, merger, change of control, or a sale of all or substantially all of
NComputing’s stocks or assets. Subject to the foregoing, this Agreement shall bind and
inure to the benefit of each party’s successors and permitted assigns. This Agreement shall
be governed by the laws of the State of California without regard to conflict of laws
principles. The parties consent to the exclusive jurisdiction of the state and federal courts
located in Santa Clara County, California. This Agreement constitutes the entire agreement
of the parties with respect to the provision of the Services by NComputing to Customer, and
supersedes all prior written or oral communications, understandings and agreements. Any
waiver of the provisions of this Agreement must be in writing to be effective. Failure by either
party to enforce any provisions of this Agreement shall not be deemed a waiver of future
enforcement of that or any other provision. NComputing may, in its sole discretion, use third
party contractors to fulfill its obligations under this Agreement. Except as expressly set forth
herein, no terms of any purchase order or other business form that Customer may use will
affect the obligations of the parties under this Agreement, and any such purchase order or
other business form of Customer which contains additional or conflicting terms are hereby
expressly rejected by NComputing. Customer agrees that any Orders or purchase orders do
not have to be signed to be valid and enforceable. If any provision of this Agreement is
found to be invalid or unenforceable, the remaining terms will continue to be valid and
enforceable to the fullest extent permitted by law. The version of the Technical Support
guide found at www.NComputing.com/support is the governing version of such document;
any translation into other languages is for convenience only. NComputing may update the
Technical Support guide periodically, without prior notice.