End User License Agreement

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SOME JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OF IMPLIED WARRANTIES, SO THE
DISCLAIMER OF IMPLIED WARRANTIES ABOVE MAY NOT APPLY TO YOU, IN WHICH CASE THE
DURATION OF ANY SUCH IMPLIED WARRANTIES SHALL BE LIMITED TO NINETY (90) DAYS
FROM THE DATE YOU PURCHASED THE SOFTWARE; PROVIDED, HOWEVER, THAT IN SUCH CASE
NCOMPUTING’S OR ITS SUPPLIERS’ SOLE LIABILITY AND YOUR EXCLUSIVE REMEDY FOR BREACH
OF SUCH IMPLIED WARRANTIES SHALL IN ANY CASE BE, AT NCOMPUTING’S OPTION, (i) TO REPAIR
OR REPLACE THE SOFTWARE TO CONFORM IT TO SUCH APPLICABLE WARRANTY, OR (ii) TO
TERMINATE THIS EULA AND RETURN THE AMOUNT PAID BY YOU FOR THE AFFECTED SOFTWARE.
NCOMPUTING DOES NOT WARRANT THAT THE OPERATION OF THE SOFTWARE WILL BE
UNINTERRUPTED OR ERROR FREE OR THAT THE SOFTWARE WILL MEET YOUR SPECIFIC
REQUIREMENTS. YOU ACKNOWLEDGE AND AGREE THAT PERFORMANCE OF THE SOFTWARE MAY
VARY DEPENDING ON THE LICENSED COMPUTER, CLIENT DEVICE, THE SOFTWARE PROGRAMS
RUNNING ON THE FOREGOING (INCLUDING THE SOFTWARE), AND THE BANDWIDTH AND
CONFIGURATION OF THE NETWORK CONNECTING THEM. SINCE ALL CLIENT DEVICES SHARE THE
LICENSED COMPUTER’S RESOURCES, A CLIENT DEVICE’S PERFORMANCE MAY DECREASE IF THE
LICENSED COMPUTER’S PROCESSOR(S) OR OTHER RESOURCES BECOME OVERLOADED AS MORE
CLIENT DEVICES ARE CONNECTED TO THE LICENSED COMPUTER OR IF A USER RUNS RESOURCE
INTENSIVE APPLICATIONS.
16. LIMITATION OF LIABILITY. EXCEPT TO THE EXTENT THAT LIABILITY MAY NOT BY LAW BE
LIMITED OR EXCLUDED, IN NO EVENT WILL NCOMPUTING OR ITS SUPPLIERS BE LIABLE FOR LOSS
OR CORRUPTION OF DATA, LOST PROFITS OR LOSS OF CONTRACTS, COST OF PROCUREMENT
OF SUBSTITUTE PRODUCTS OR OTHER SPECIAL, INCIDENTAL, PUNITIVE, CONSEQUENTIAL
OR INDIRECT DAMAGES ARISING FROM THE SUPPLY OR USE OF THE SOFTWARE, HOWEVER
CAUSED AND ON ANY THEORY OF LIABILITY (INCLUDING, WITHOUT LIMITATION, NEGLIGENCE).
THIS LIMITATION WILL APPLY EVEN IF NCOMPUTING OR AN AUTHORIZED DISTRIBUTOR
OF NCOMPUTING HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND
NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. IN NO EVENT
SHALL NCOMPUTING’S OR ITS SUPPLIERS’ LIABILITY EXCEED THE AMOUNT PAID BY YOU FOR
THE AFFECTED SOFTWARE. YOU ACKNOWLEDGE AND AGREE THAT THIS PROVSION REFLECTS A
REASONABLE ALLOCATION OF RISK BETWEEN THE PARTIES.
17. LIMITED HARDWARE WARRANTY AND LIABILITY. Licensed Devices are covered by a separate
limited hardware warranty which is available for download in the Support section of the
NComputing website at www.ncomputing.com
18. COMPLIANCE WITH LAW. You agree to use the Software and the Licensed Devices solely in
accordance with, and within the limits permitted, by applicable laws, rules, regulations and
orders.
19. U.S. Government End User Purchasers. The Software and any other NComputing
software covered under this EULA are “commercial items” as that term is dened at 48 C.F.R.
2.101; consisting of “commercial computer software” and “commercial computer software
documentation” as such terms are used in 48 C.F.R. 12.212. Consistent with 48 C.F.R. 12.212 and 48
C.F.R. 227.7202-1 through 227.7202-4, all U.S. Government end users acquire the Software and any
other NComputing software and documentation covered under this EULA with only those rights
set forth herein.
20. JURISDICTION AND DISPUTES. Except as otherwise set forth in Attachment A (if applicable),
of this EULA, including all revisions and amendments thereto, is governed by and construed
in accordance with the laws of the Republic of Korea, without regard to its conict or choice
of law principles. Notwithstanding any choice of law provision or otherwise, and the United
States Uniform Computer Information Transactions Act the United Nations Convention on the
International Sale of Goods shall not apply.
21. ARBITRATION. Except as otherwise set forth in Attachment A (if applicable), Customer
unconditionally consents and agrees that: (i) any claim, dispute or controversy (whether in
contract, tort, or otherwise) Customer may have against NComputing or its ocers, directors,
agents and employees arising out of, relating to, or connected in any way with the Software or