End User License Agreement

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21. ASSIGNMENT. You may not transfer, assign or delegate any of your rights or obligations under
this EULA, in whole or in part, whether voluntarily, by operation of law, by merger or sale of
all or substantially all of your stock or assets, or otherwise, without the prior written consent
of NComputing. Any purported transfer, assignment, or delegation by You 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 EULA to one or more third parties without Your
consent, including through reorganization, reincorporation, merger, change of control, or a sale
of all or substantially all of NComputings stocks or assets. Subject to the foregoing, this EULA
shall bind and inure to the benet of each party’s successors and permitted assigns.
22. NO WAIVER. Any waiver of any right or remedy by NComputing is not valid and eective,
unless, and to the extent that it is express and in writing that states such right and remedy to
be waived. Selection by NComputing of a specic remedy does not constitute, and shall not
be interpreted to constitute, a waiver of any other remedy of NComputing, and NComputing’s
failure to select a specic remedy does not constitute, and shall not be interpreted to constitute,
a waiver of such remedy.
23. SEVERABILITY. Should any section, or portion thereof, of this EULA be held invalid by reason
of any law existing now or in the future in any jurisdiction by any court of competent authority
or by a legally enforceable directive of any governmental body, such section or portion thereof
shall be validly reformed so as to approximate the intent of the parties as nearly as possible and,
if unreformable, shall be deemed divisible and deleted with respect to such jurisdiction; this
EULA shall not otherwise be aected.
24. INTEGRATION. This EULA constitutes the entire understanding of the parties, and revokes
and supersedes all prior agreements, oral or written, between the parties, and is intended as a
nal expression of their agreement, regarding the subject matter of this EULA other than any
document expressly incorporated herein by reference. It shall not be modied or amended
except in writing signed by the parties hereto and specically referring to this EULA.
YOU HEREBY ACKNOWLEDGE THAT YOU HAVE READ THIS EULA, UNDERSTAND IT AND AGREE TO
BE BOUND BY ITS TERMS AND CONDITIONS.