| End-User License Agreement |
| |
| NoMachine - Rome - Italy |
| |
| NoMachine NX Products License |
| |
| Copyright (c) 2002-2007 NoMachine. All Rights Reserved. |
| |
| Do not install or use NX products until you have read and accepted this |
| Agreement. By installing or using NX products you accept this Agreement. |
| |
| If you do not agree to the terms of this license, you must not install |
| or use the NoMachine NX products. When applicable you may return NX |
| product you purchased, including all packaging, media, and documentation, |
| to the place of purchase for a refund, provided that the return is made |
| within ten days of the date of purchase. |
| |
| 1. Licensee |
| |
| "Licensee" is the person, company or entity who uses this NX Product. |
| The Licensee must accept and agree to this Agreement before installing |
| or using the NX Product. |
| |
| 2. License of NoMachine NX Product |
| |
| Subject to the other provisions of this Agreement, NoMachine grants to |
| Licensee a nonexclusive, nontransferable license ("the License") to use |
| the NX Product on a single computer system. Additionally, this product |
| may be installed on more than one computer system in a non-commercial |
| setting. Rights to NoMachine not expressly granted to Licensee in this |
| Agreement are reserved by NoMachine. |
| |
| 3. NX Product |
| |
| The "NX Product" includes the NX Software (NX Client, NX Server, NX |
| Server Manager, NX Web Companion any edition and add-on software) and, |
| depending on the product, a License Certificate. |
| |
| 4. NX Software |
| |
| The "NX Software" includes three categories of computer programs: |
| Commercial Software developed by NoMachine, Open Source Software |
| developed by NoMachine, Third Party Open Source Software. The term |
| "Software" is used to mean any or all of the Commercial, Open Source, |
| and Third Party Software. |
| |
| 4.1 Commercial NoMachine Software |
| |
| NoMachine Commercial Software consists of the following computer programs |
| that have been developed by NoMachine: |
| |
| - nxserver |
| - nxnode |
| - nxmanager |
| - nxclient |
| - nxapplet |
| |
| NoMachine owns the copyrights and intellectual property in and to each |
| item of NoMachine Commercial Software. Redistribution of NX Server |
| software is forbidden without written permission by NoMachine. |
| Redistribution of NX Client software, including commercial Closed Source |
| packages, is allowed, free of charge, for commercial and non-commercial |
| use providing any copyright notices that pertain to the origins of the |
| Software are not altered in any way or removed. |
| |
| No modification, adaptation, translation of the software is permitted, |
| including modification to the graphical contents, without specific and |
| prior permission from NoMachine. |
| |
| 4.2 Open Source NoMachine Software |
| |
| Open Source NoMachine Software consists of packages developed by NoMachine |
| for inclusion in NX products. NoMachine Open Source software packages |
| and modifications to existing Open Source packages are released by |
| NoMachine under the terms of the GNU Public License version 2. The license |
| governs the software and the copying, distribution, modification, and |
| use of the software. Source code of the Open Source software packages |
| is included and distributed to Licensee, consistent with the requirements |
| of the license agreement. Open Source Software developed by NoMachine |
| is owned by NoMachine and distributed by NoMachine to Licensee for use |
| by Licensee. NoMachine releases as Open Source software the following |
| packages: |
| |
| - nxproxy |
| - nxcomp |
| - nxcompext |
| - nxssh |
| - nxuexec |
| - nxspool |
| - nxsensor |
| - nx-X11 |
| - nxwin |
| - nxauth |
| - nxagent |
| - nxviewer |
| - nxdesktop |
| - nxesd |
| - nxscripts |
| - nxcompsh |
| - nxkill |
| - nxservice |
| - nxbuilder |
| |
| 4.3 Third Party Open Source Software |
| |
| Many of the Software Programs included in the Software are distributed |
| under the terms of agreements with third parties ("Third Party Agreements") |
| which may expand or limit your rights to use certain Software Programs |
| as set forth in Section 2. Certain Software Programs may be licensed |
| (or sublicensed) under the GNU General Public License and other similar |
| open source license agreements ("OSLAs") which, among other rights, |
| permit the copying, modification and redistribution of certain Software |
| Programs, or portions thereof, and give access to the source code of |
| certain Software Programs, or portions thereof. In addition, certain |
| Software Programs, or portions thereof, may be licensed (or sublicensed) |
| under terms stricter than those set forth in Section 2. The Third Party |
| Agreements, related online documentation, source code, and other information |
| about such Software Programs are available at the relevant websites: |
| |
| - Cygwin [Cygwin License, http://www.cygwin.com/] |
| - XFree86 [XFree86 License, http://www.xfree.org/] |
| - OpenSSH [OpenSSH License, http://www.openssh.org/] |
| - RDesktop [GPL, http://www.rdesktop.org/] |
| - TightVNC [GPL, http://www.tightvnc.org/] |
| - CUPS [GPL, http://www.cups.org/] |
| - SAMBA [GPL, http://www.samba.net/] |
| - ESD [GPL, http://www.tux.org/~ricdude/EsounD.html] |
| - GKrellM [GPL, http://www.gkrellm.net/] |
| - SQLite [SQLite License, http://www.sqlite.org/] |
| |
| 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. |
| |
| You acknowledge that you have read, understood and agreed to the terms |
| and conditions of each such Third Party Agreement. To the extent any |
| Third Party Agreements require that Licensor provide rights to use, copy |
| or modify a Software Program that are broader than the rights granted |
| in Section 2, then such rights shall take precedence over the rights |
| and restrictions granted in this Agreement solely for such Software |
| Programs. |
| |
| Licensed, Not Sold Open Source Software, NoMachine Software and Third |
| Party Software are not sold, but are licensed and distributed to Licensee. |
| Any reference to the purchase or sale of the NX Product means, with respect |
| to the NX Software and Third Party Software, a purchase or sale of the |
| applicable licenses. The license fees for such licenses are included in |
| the NX 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 NX product purchase price. |
| Ownership of copies of Open Source Software, NoMachine Software and Third |
| Party Software is governed by the applicable license agreement. |
| |
| Maintenance Releases All maintenance releases, fixes, patches, work-around |
| solutions, upgrades, and updates for or to the Open Source Software, |
| NoMachine Software and Third Party Software made available by NoMachine |
| or its distributors, OEMs, VARs or other resellers to Licensee shall be |
| deemed part of the NoMachine Software, Third Party Software or Open |
| Source Software as applicable, and shall be governed by this Agreement |
| and the license agreements referred to herein, unless a different license |
| agreement is provided with or made applicable to such maintenance releases, |
| fixes, patches, work-around solutions, upgrades, and updates. |
| |
| 5. Documentation |
| |
| "Documentation" means the online documentation and printed documentation, |
| if any, provided to Licensee in connection with NX, except for documentation |
| provided under third party or open source licenses as provided in Sections |
| 4.2 and 4.3 above. Whenever the context reasonably permits, any reference |
| in this Agreement to NoMachine Software shall also apply to Documentation. |
| The Documentation may be used by Licensee, but only in connection with |
| this NX Product. |
| |
| 6. NoMachine Artwork |
| |
| "NoMachine Artwork" includes the [!M] logo, the NoMachine and NX logos, |
| included icon sets, and other trademarks. NoMachine holds all rights, |
| including the right of distribution, to NoMachine Artwork. |
| |
| 7. Limited Warranty |
| |
| Media And Documentation. NoMachine warrants that if the NX Product media |
| or printed documentation, if any, provided by NoMachine are in a damaged |
| or physically defective condition when delivered and if they are returned |
| to NoMachine (postage prepaid) within 30 days of the date of purchase, |
| then NoMachine will provide Licensee with replacements at no charge. |
| |
| NoMachine Software. NoMachine warrants that if the NoMachne Software |
| fails to substantially conform to the specifications in the Documentation |
| or to any other NoMachine Software specifications published by NoMachine |
| and if the nonconformity 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 to Licensee upon a return of the NX Product (including all packaging, |
| media, and documentation) to NoMachine. In the event of a refund, the |
| License shall terminate. |
| |
| 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. |
| |
| Open Source Software. Pursuant to the various open source licenses |
| there is no warranty applicable to Open Source Software. |
| |
| 8. Disclaimers And Limitations |
| |
| Disclaimer Of Warranties. NOMACHINE MAKES NO WARRANTY, PROMISE OR |
| REPRESENTATION NOT EXPRESSLY SET FORTH IN THIS AGREEMENT. EXCEPT AS |
| EXPRESSLY WARRANTED HEREIN, THE NX 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 SOFTWARE |
| 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, MERCHANTABILITY |
| AND FITNESS FOR A PARTICULAR PURPOSE. NOMACHINE DOES NOT WARRANT THAT |
| ANY THE 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. |
| |
| Limitation On Liability. THE AGGREGATE LIABILITY OF NOMACHINE ARISING |
| FROM OR RELATING 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 THIS NX PRODUCT. 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. |
| Because some states/jurisdictions do not allow the exclusion or limitation |
| of liability, the above limitation might not apply. |
| |
| Responsibility For Decisions. Licensee is responsible for decisions |
| made and actions taken based on the Software. |
| |
| 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. |
| |
| 9. 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. |
| |
| 10. 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 Software, and the fees, terms and conditions |
| applicable there to. |
| |
| 11. Governing Law |
| |
| This Agreement shall be governed by the laws of the state of Italy 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 in Rome state courts. |
| The parties agree and submit to such exclusive jurisdiction and venue. |
| |
| 12. 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. |
| |
| 13. Termination |
| |
| The License shall automatically terminate if Licensee materially breaches |
| this Agreement. Upon termination of the License, Licensee shall cease |
| all use of the NX Software and shall destroy all copies of the NX Software |
| within the possession or control of Licensee and shall return the original |
| NX Software media and Documentation, if any, to NoMachine. |
| |
| 14. 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 Italy, and shall comply with all such laws and regulations. |
| |
| 15. Construction |
| |
| In the construction and interpretation of this Agreement, no rule of |
| strict construction shall apply against either party. |
| |
| 16. 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. |
| |
| NoMachine's End User License Agreement is subject to revisions. Please |
| see http://www.nomachine.com for any updates |