End User License Agreement

and/or represent that the Management Software will be compatible with any operating
systems, applications, hardware or software, or any updates or upgrades thereto. If you
upgrade your operating system, applications, hardware or software, NComputing will not be
liable for any problems that may occur as a result of an incompatibility between the
Management Software and any such upgraded hardware or software product.
f. You may not use these Update Services in any way that could harm them or impair anyone
else's use of the Management Software and/or the Update Services. You may not use these
Update Services to try to gain unauthorized access to the Management Software, any
Licensed Server(s) or Client Device(s), or any service, data or network.
10. REQUIREMENTS FOR ADDITIONAL SOFTWARE LICENSES. Additional third party licenses may
be required for some operating systems and software applications to be used with the Management
Software. Check each of your end user license agreements for the foregoing to determine if such
additional licenses are required. NComputing is under no obligation to advise, consult or otherwise
provide guidance to you regarding any third-party software licensing. You shall indemnify and hold
NComputing and its distributors harmless from any and all claims, damages, costs, liabilities, etc.
arising from your improper or unauthorized use of the Management Software and/or any third party
software.
11. DATA USE RIGHTS. You acknowledge and agree that NComputing may collect and use any
information generated by the Management Software, including, but not limited to, error reports,
connection logs and other reports related to the Management Software and its usage and
maintenance, to improve NComputing’s software and services. NComputing may also share such
information with third parties, such as other hardware and software vendors, who may use it to
improve their own products and services.
12. TERM AND TERMINATION. This EULA will remain in effect until terminated. Unauthorized copying
of the Management Software or failure to comply with the terms of this EULA will result in automatic
termination of this EULA and all licenses granted herein, and will make available to NComputing other
legal remedies. This EULA and all licenses granted herein will automatically terminate if You go into
liquidation, suffer or make any winding up petition, make an arrangement with Your creditors, or
suffer or file any similar action in any jurisdiction in consequence of debt. This EULA and all licenses
granted herein may also be terminated by NComputing as set forth in Section 13 below. Upon any
termination of this EULA, You shall cease all use of and destroy all of your copies of the Management
Software. Notwithstanding the expiration or termination of this EULA, it is acknowledged that those
rights and obligations that by their nature are intended to survive such expiration or termination will
survive, including, without limitation, the disclaimers of warranties and limitations of liability provided
herein.
13. LIMITED WARRANTY; DISCLAIMER OF WARRANTIES. NComputing warrants that the
Management Software (and any Updates thereto) will perform substantially in accordance with the
applicable user documentation for a period of ninety (90) days from the date of your purchase of the
Management Software (the “Limited Warranty”). NComputing’s and its suppliers’ sole liability, and
your exclusive remedy, for any breach of this Limited Warranty or for breach of any other warranty
related to the performance of the Management Software shall be, at NComputing’s option, (i) to
terminate this EULA and return the amount paid by you for the affected Management Software; or (ii)
to repair or replace the Management Software to make it perform substantially in accordance with the
Limited Warranty. This Limited Warranty shall not apply (i) if you make any unauthorized
modifications to the Management Software, or misuse, abuse of the Management Software; (ii) if you