End User License Agreement
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its method of delivering the Update Services at any time. You must not interfere in any way
with the Update Services. NComputing shall not be responsible for any errors in the Server
Software or the Management Center License Keys that would have been xed by Updates to the
Server Software that NComputing attempted to provide but that were not applied because of
interference with the Update Services.
a. From time to time, NComputing may, at its own discretion, create updates and/or patches
(hereinafter collectively referred to as “Updates”) to the Server Software. Updates may
include support for and compatibility with operating system updates or service packs, bug
xes, and incremental improvements. Updates do NOT include major upgrades to the Server
Software, which may contain major feature additions, support for previously unsupported
operating systems, or support for new hardware products; such major upgrades constitute
new software for which NComputing may charge additional fees and which may or may not
be made available via the Update Services.
b. If available, you may obtain Updates at no additional charge within one (1) year after the
date of your purchase of a license for the Server Software, provided that you have properly
registered such Server Software and assigned it to your Server Device.
c. After one year from the date of your purchase, NComputing may make further updates
available to you for an additional fee per its Support and Subscription (SnS Terms and
Conditions).
d. You may obtain Updates only from NComputing or its authorized sources.
e. The Server Software is designed to be compatible with currently supported operating
systems and server hardware. Notwithstanding the foregoing, NComputing does not
warrant and/or represent that the Server 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
Server 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 Server Software and/or the Update Services. You may not use these Update
Services to try to gain unauthorized access to the Server Software, any Server Device(s) or
Client Device(s), or any other software, service, data or network.
11. DATA USE RIGHTS. You acknowledge and agree that NComputing may collect and use
any information generated by the Server Software, including, but not limited to, error
reports, connection logs and other reports related to the Server 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. SUPPORT SERVICES. You may purchase maintenance and support services from NComputing
pursuant to a separately executed support agreement (e.g. NComputing’s Premium Support
subscription). Maintenance and support terms for the Server Device and/or Client Device(s) are
outside the scope of this EULA and are covered separately in the Limited Hardware Warranty
documentation available online for download in the Support section of NComputing’s website
at: www.ncomputing.com.
13. TERM AND TERMINATION. This EULA will remain in eect until terminated. Unauthorized
copying of the Server 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, suer or make any winding up petition, make an
arrangement with Your creditors, or suer or le 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 14 below. Upon any termination of this EULA, You shall
cease all use of and destroy all of your copies of the Server Software. Notwithstanding the
expiration or termination of this EULA, it is acknowledged that those rights and obligations that