End User License Agreement
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f. You may not use these Update Services in any way that could harm them or impair anyone
else’s use of the Software and/or the Update Services. You may not use these Update
Services to try to gain unauthorized access to the Software, any Licensed Computer(s) or
Client Device(s), or any other software, service, data or network.
12. DATA USE RIGHTS. You acknowledge and agree that NComputing may collect and use any
information generated by the Software, including, but not limited to, error reports, connection
logs and other reports related to the 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.
13. 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 Software 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.
14. TERM AND TERMINATION. This EULA will remain in eect until terminated. Unauthorized
copying of the 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 15 below. Upon any termination of this EULA, You shall cease all use of and destroy all
of your copies of the 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.
15. LIMITED SOFTWARE WARRANTY; DISCLAIMER OF WARRANTIES. NComputing warrants
that the 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 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 Software shall be, at NComputing’s option, (i) to terminate
this EULA and return the amount paid by you for the aected Software; or (ii) to repair or
replace the Software to make it perform substantially in accordance with the Limited Warranty.
This Limited Warranty shall not apply (i) if you make any unauthorized modications to the
Software, or misuse, abuse of the Software; (ii) if you use the Software for purposes other than
its intended use; or (ii) if you violate any terms and conditions of this EULA. NComputing and
its suppliers make no warranties, and provide no remedies, in connection with any defects
discovered after the ninety-day Limited Warranty period.
EXCEPT FOR THE LIMITED WARRANTY PROVIDED ABOVE, THE SOFTWARE, INCLUDING
WITHOUT LIMITATION ANY OPEN SOURCE SOFTWARE INCORPORATED THEREIN OR PROVIDED
THEREWITH, AND ANY ACCOMPANYING DOCUMENTATION, ARE PROVIDED “AS IS”.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE WARRANTIES EXPRESSLY
STATED HEREIN ARE EXCLUSIVE AND IN LIEU OF ALL OTHER WARRANTIES, WHETHER IMPLIED,
STATUTORY OR OTHERWISE, INCLUDING THE WARRANTIES OF MERCHANTABILITY, NON-
INFRINGEMENT, TITLE, FITNESS FOR A PARTICULAR PURPOSE OR SATISFACTORY QUALITY,
WHICH NCOMPUTING SPECIFICALLY DISCLAIMS, FOR ITSELF AND ON BEHALF OF ITS SUPPLIERS,
TOGETHER WITH ANY AND ALL WARRANTIES ARISING FROM COURSE OF DEALING OR USAGE
IN TRADE. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM
NCOMPUTING OR ELSEWHERE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THIS
AGREEMENT.