| End-User License Agreement |
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| NoMachine - Luxembourg |
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| NoMachine Product License |
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| Copyright (c) 2002-2015 NoMachine S.à.r.l. All Rights Reserved. |
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| This is a legal agreement ("Agreement") between you, the "Licensee", |
| and NoMachine S.à.r.l. ("NoMachine"), owner and titleholder of all |
| copyrights, intellectual property and trademarks of the NoMachine |
| Software. |
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| Notice to User: |
| This NoMachine Software Technology License Agreement ("License Agree- |
| ment") covers your use of NoMachine Software that accompanies this |
| License Agreement and related software components, which may include |
| associated media, printed materials, and "online" or electronic |
| documentation. If you do not agree to the terms of this License |
| Agreement, do not install or use the Software. By explicitly accepting |
| this License Agreement, however, or by installing, copying, downloading, |
| accessing, or otherwise using the Software, you are acknowledging and |
| agreeing to be bound by the following terms. |
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| 1.Definitions |
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| "Permitted Number" means one (1) unless indicated otherwise by a valid |
| license certificate. |
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| "Documentation" means the online documentation and printed documentation, |
| if any, provided to Licensee in connection with Software, except for |
| documentation provided under third party or open source licenses as |
| provided in Sections 4.2 and 4.3 below. Whenever the context reasonably |
| permits, any reference in this Agreement to Software shall also apply to |
| Documentation. The Documentation may be used by Licensee, but only |
| in connection with this Software. |
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| "Software" means (a) all of the contents of the files (delivered electron- |
| ically or on physical media), or disk(s) or other media with which this |
| agreement is provided, which may include (i) NoMachine software, |
| Open Source Software or Third Party Software; (ii) related explanatory |
| written materials or files ("Documentation"); and (iii) fonts; and |
| (b)images, sounds, clip art and other artistic works ("Media") bundled |
| with NoMachine software; and (c) upgrades, modified versions, updates, |
| additions, and copies of the foregoing, provided to you by NoMachine at |
| any time (collectively, "Updates"). |
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| "Open Source Software" components (or portions thereof) included |
| with this NoMachine software product are distributed under the original |
| license terms. Copyright statements and licenses applied to Open Source |
| Software components (or portions thereof) can be found in the |
| "credits" file. |
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| "Third-Party Software". Some of the Software Programs included in the |
| Software are distributed under the terms of agreements with third parties |
| which may expand or limit your rights to use certain Software Programs |
| as set forth in Sections 2, 3 and 4. |
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| 2. GRANT OF LICENSE AND TERMS OF USE |
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| 2.1 Subject to your compliance with the terms and conditions of this |
| Agreement, NoMachine and its authorized suppliers grant you a limited, |
| nonexclusive and nontransferable license to install and use the Software |
| on a compatible device or Computer in the manner and for the purposes in |
| accordance with (i) the Documentation; (ii) the License Type for which you |
| have paid the fees where applicable. |
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| (a) Individual Use. You may install and use the Permitted Number of copies |
| of the Software on a compatible Computer for your private non-commercial |
| use unless otherwise specified in the Software documentation. |
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| (b) Commercial Use. Commercial use of the Software is governed by the |
| accompanying License Type acquired separately from NoMachine and for which, |
| where applicable, a fee has been paid. Unless otherwise provided in the |
| Software Documentation, you may install and use the Permitted Number of |
| copies of the Software on a compatible device. A "Commercial User" is |
| defined as an individual or entity, or an individual acting on behalf of |
| an entity, who uses the Software for commercial or business purposes. |
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| (c) Distribution: Redistribution of Software developed by NoMachine is |
| strictly forbidden without written permission by NoMachine. |
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| (d) Back up Copy. You may not copy the Software except for a reasonable |
| number of machine-readable copies of the Software for backup or archival |
| purposes and except as expressly permitted in this EULA. All copies of the |
| Software must reproduce all proprietary notices, labels, or marks. |
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| Notwithstanding the foregoing, this Agreement shall not prevent or restrict |
| you from exercising additional or different rights to any free, Open Source |
| Software, documentation and materials contained in or provided with the |
| Software in accordance with the applicable free, open source license for |
| such code, documentation, and materials. |
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| 3. DESCRIPTION OF OTHER RIGHTS, LIMITATIONS, AND OBLIGATIONS |
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| 3.1 Transfer. You may not rent, lease, sublicense, assign or trans- |
| fer your rights in the Software, or authorize all or any portion of |
| the Software to be copied onto another user's Computer except as may |
| be expressly permitted by this Agreement. You may, however, transfer all |
| your rights to use the Software to another person or legal entity provided |
| that (a) you also transfer ( i) this agreement, and (ii) the Software and |
| all other Software or hardware bundled or pre-installed with the Software, |
| including all copies, updates prior versions, to such person or entity (b) |
| you retain no copies, including backups and copies stored on a Computer, |
| and (c) the receiving party accepts the terms and conditions of this Agreement |
| and any other terms and conditions upon which you obtained a valid license to |
| the Software. Notwithstanding the foregoing you may not transfer pre-release, |
| or not for resale copies of the Software. |
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| 3.2 No Modification, Reverse Engineering or Leasing. No modification, |
| adaptation, translation of the software is permitted, including modification |
| to the graphical contents, without specific and prior permission from |
| NoMachine. You may not decompile, decrypt, reverse engineer, disassemble |
| or otherwise reduce the Software to human-readable form to gain access to |
| trade secrets or confidential information in the Software, except to the |
| extent the foregoing restriction is expressly prohibited by applicable law. |
| Nor shall you, or permit any other person to do, the foregoing without |
| explicit permission from NoMachine; (ii) remove, alter, cover or obfuscate |
| any copyright notices or other proprietary rights notices placed or embedded |
| by NoMachine on or in any Software or Documentation; (iii) sell, resell |
| for a profit, rent, lease or lend the Software or Documentation or use it |
| for commercial time sharing, rental or service bureau use; (iv) use the |
| Software or any component thereof for any illegal purposes; or (v) use |
| the Software or Documentation, or any component thereof, to enable |
| copyright protection-circumvention devices or to violate or circumvent |
| in any manner any content copyright, content protection scheme, or content |
| copy policies. Notwithstanding the foregoing, this Agreement shall not |
| prevent or restrict you from exercising additional or different rights to |
| any free, open source code, documentation and materials contained in or |
| provided with the Software in accordance with the applicable free, open |
| source license for such code, documentation, and materials. |
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| 3.3 Licensed, Not Sold. The Software, including Third Party Software, is |
| not sold, but is licensed and distributed to Licensee. Any reference to the |
| purchase or sale of a product means, with respect to NoMachine Software |
| and Third Party Software, a purchase or sale of the applicable licenses. |
| The license fees for such licenses are included in the product purchase |
| price. No fee is charged for any Open Source Software license, but a fee |
| for distribution (e.g., transferring a copy or copies to Licensee) is |
| included in the product purchase price. Ownership of copies of Open |
| Source Software, NoMachine Software and Third Party Software is governed |
| by the applicable license agreement. |
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| 3.4 Proprietary Rights. No title to or ownership of the Software is |
| transferred to you. NoMachine and/or its licensors own and retain all title |
| and ownership of all intellectual property rights in and to the Software, |
| including any adaptations or copies. |
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| 4. LIMITED WARRANTY AND DISCLAIMER & LIABILITIES |
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| 4.1 NoMachine Software. NoMachine warrants that if Software fails |
| to substantially conform to the specifications in the Documentation or to |
| any other Software specifications published by NoMachine, and if the non- |
| conformity is reported in writing by Licensee to NoMachine within 30 days |
| from the date the License is purchased, then NoMachine shall either remedy |
| the nonconformity or offer to refund the purchase price, if applicable, |
| to Licensee. In the event of a refund, the License shall terminate. |
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| 4.2 Third Party Software. Warranties, if any, applicable to Third Party |
| Software will be the warranties made by the third party licensors in the |
| applicable license agreements. |
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| 4.3 Open Source Software. Pursuant to the various open source licenses |
| there is no warranty applicable to Open Source Software. |
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| 4.4 Disclaimer Of Warranties. NOMACHINE MAKES NO WARRANTY, PROMISE OR |
| REPRESENTATION NOT EXPRESSLY SET FORTH IN THIS AGREEMENT. EXCEPT AS |
| EXPRESSLY WARRANTED HEREIN, THE Software IS PROVIDED "AS IS" WITHOUT |
| WARRANTY OR REPRESENTATION OF ANY KIND. NOMACHINE MAKES NO WARRANTY OR |
| REPRESENTATION WITH RESPECT TO THIRD PARTY SOFTWARE. OPEN SOURCE SOFT- |
| WARE IS PROVIDED "AS IS" WITHOUT WARRANTY OR REPRESENTATION OF ANY KIND. |
| NOMACHINE DISCLAIMS AND EXCLUDES ALL IMPLIED WARRANTIES INCLUDING, |
| WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF NONINFRINGEMENT, MERCH- |
| ANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. NOMACHINE DOES NOT |
| WARRANT THAT ANY SOFTWARE WILL SATISFY LICENSEE'S REQUIREMENTS OR |
| THAT IT IS WITHOUT DEFECT OR ERROR OR THAT THE OPERATION THEREOF WILL |
| BE UNINTERRUPTED. THIS AGREEMENT GIVES LICENSEE SPECIFIC LEGAL RIGHTS. |
| LICENSEE MIGHT HAVE OTHER RIGHTS, WHICH VARY FROM STATE/JURISDICTION |
| TO STATE/JURISDICTION. The provisions of Section 3 shall survive the |
| termination of this Agreement, howsoever caused, but this shall not |
| imply or create any continued right to use the Software after term- |
| ination of this Agreement. |
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| 4.5 Limitation On Liability. IN NO EVENT WILL NOMACHINE OR ITS |
| SUPPLIERS BE LIABLE TO YOU FOR ANY DAMAGES, CLAIMS OR COSTS WHAT- |
| SOEVER OR ANY CONSEQUENTIAL, INDIRECT, INCIDENTAL, DAMAGES, OR ANY |
| LOST PROFITS OR LOST SAVINGS. THE FOREGOING LIMITATIONS AND EXCLUS- |
| IONS APPLY TO THE EXTENT PERMITTED BY APPLICABLE LAW IN YOUR JURIS- |
| DICTION. THE AGGREGATE LIABILITY OF NOMACHINE ARISING FROM OR RELAT- |
| ING TO THIS AGREEMENT OR ANY OF THE SOFTWARE (REGARDLESS OF THE FORM |
| OF ACTION OR CLAIM - E.G., CONTRACT,WARRANTY, TORT, STRICT LIABILITY, |
| MALPRACTICE, FRAUD AND/OR OTHERWISE) SHALL NOT EXCEED THE TOTAL PAYMENT |
| MADE BY LICENSEE TO PURCHASE THE SOFTWARE. NOMACHINE SHALL NOT IN ANY |
| CASE BE LIABLE FOR ANY SPECIAL, INCIDENTAL, CONSEQUENTIAL, INDIRECT OR |
| PUNITIVE DAMAGES, OR FOR LOSS OF PROFIT, REVENUE, DATA, OR PROGRAMS, EVEN |
| IF NOMACHINE HAS BEEN ADVISED OF THE POSSIBILITY THEREOF. |
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| 5. AUTHORIZED DISTRIBUTORS AND RESELLERS |
| NoMachine authorized distributors and resellers do not have the right to |
| make modifications to this Agreement or to make any additional represent- |
| ations, commitments, or warranties binding on NoMachine. |
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| 6. RESPONSIBILITY FOR DECISIONS |
| Licensee is responsible for decisions made and actions taken based on the |
| Software. |
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| 7. NON-PARTIES |
| The officers, directors, employees, shareholders and representatives of |
| NoMachine are not parties to this Agreement and shall have no obligation |
| or liability to Licensee relating to this Agreement or the Software. |
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| 8. SOLE REMEDY AND ALLOCATION OF RISK |
| Licensee's sole and exclusive remedy is set forth in this agreement.This |
| Agreement defines a mutually agreed-upon allocation of risk and the |
| License fees reflect such allocation of risk. |
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| 9. SUPPORT |
| Nothing in this Agreement entitles Licensee to any support, maintenance |
| or new versions or distributions of any Software. Licensee may contact |
| NoMachine to determine the availability of support, maintenance and new |
| versions and distributions of the Software, and the fees, terms and cond- |
| itions applicable there to. |
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| 10. GOVERNING LAW |
| This Agreement shall be governed by the laws of the state of Luxembourg |
| without giving effect to conflict or choice of law principles. The parties |
| agree to exclude application of the "United Nations Convention on Contracts |
| for the International Sale of Goods" to this Agreement. Any litigation between |
| the Parties shall be conducted exclusively by the courts of Luxembourg City. |
| The parties agree and submit to such exclusive jurisdiction and venue. |
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| 11. ENTIRE AGREEMENT |
| This Agreement sets forth the entire understanding and agreement between |
| the parties relating to the subject matter of this Agreement and may be |
| amended only in a writing signed by both parties. No vendor, distributor, |
| OEM, VAR, reseller, dealer, retailer, sales person or other person is |
| authorized by NoMachine to modify this Agreement or to make any warranty, |
| representation or promise which is different than, or in addition to, the |
| warranties, representations and promises of this Agreement. |
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| 12. TERMINATION |
| The License shall automatically terminate if Licensee materially breaches |
| this Agreement. Upon termination of the License, Licensee shall cease all |
| use of the Software and shall destroy all copies of the Software within |
| the possession or control of Licensee and shall return the original Soft- |
| ware and Documentation, if any, to NoMachine. |
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| 13. EXPORT LAWS |
| Licensee shall not export, disclose or distribute any Software in violation |
| of any applicable laws or regulations, including the export laws and |
| regulations of Luxembourg, and shall comply with all such laws and regulations. |
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| 14. CONSTRUCTION |
| In the construction and interpretation of this Agreement, no rule of strict |
| construction shall apply against either party. |
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| 15. SEVERABILITY |
| If any provision in this Agreement is invalid or unenforceable or contrary to |
| applicable law, such provision shall be construed, limited, or altered, as |
| necessary, to eliminate the invalidity or unenforceability or the conflict |
| with applicable law, and all other provisions of this Agreement |
| shall remain in effect. |
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| 16. H.264/AVC NOTICE |
| THIS PRODUCT IS LICENSED UNDER THE AVC PATENT PORTFOLIO LICENSE FOR THE |
| PERSONAL USE OF A CONSUMER OR OTHER USES IN WHICH IT DOES NOT RECEIVE |
| REMUNERATION TO (i) ENCODE VIDEO IN COMPLIANCE WITH THE AVC STANDARD |
| ("AVC VIDEO") AND/OR (ii) DECODE AVC VIDEO THAT WAS ENCODED BY A CONSUMER |
| ENGAGED IN A PERSONAL ACTIVITY AND/OR WAS OBTAINED FROM A VIDEO PROVIDER |
| LICENSED TO PROVIDE AVC VIDEO. NO LICENSE IS GRANTED OR SHALL BE IMPLIED |
| FOR ANY OTHER USE. ADDITIONAL AVC PATENT PORTFOLIO LICENSE INFORMATION |
| MAY BE OBTAINED FROM MPEG LA, L.L.C. SEE HTTP://WWW.MPEGLA.COM |
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| NoMachine's End User License Agreement is subject to revisions. Please see |
| http://www.nomachine.com/ for any updates. |
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| ACKNOWLEDGEMENTS |
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| NoMachine Software contains Open Source software for which this |
| EULA does not apply. Such software, which are subject to other terms and |
| conditions, are listed together with their original copyright statements |
| and license terms in the "credits" file accompanying this Software. |
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| Certain components of the NoMachine Software have been released by |
| NoMachine under an open source license. Such components are listed in the |
| "credits" file and must be used in accordance with the applicable open source |
| license terms and conditions. |
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| In accordance with Open Source Software license terms, NoMachine makes |
| available the corresponding source files at: |
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| http://www.nomachine.com/opensource |
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| For those components not eventually available for download, upon request |
| NoMachine will deliver all the relative third-party source code, consistent |
| with the licensing terms of the original software, and documentation at the |
| cost of the postage charges incurred. |