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1 ulm 1.4 End-User License Agreement
2    
3     NoMachine - Luxembourg
4    
5     NoMachine Product License
6    
7     Copyright (c) 2002-2015 NoMachine S.à.r.l. All Rights Reserved.
8    
9     This is a legal agreement ("Agreement") between you, the "Licensee",
10     and NoMachine S.à.r.l. ("NoMachine"), owner and titleholder of all
11     copyrights, intellectual property and trademarks of the NoMachine
12     Software.
13    
14     Notice to User:
15     This NoMachine Software Technology License Agreement ("License Agree-
16     ment") covers your use of NoMachine Software that accompanies this
17     License Agreement and related software components, which may include
18     associated media, printed materials, and "online" or electronic
19     documentation. If you do not agree to the terms of this License
20     Agreement, do not install or use the Software. By explicitly accepting
21     this License Agreement, however, or by installing, copying, downloading,
22     accessing, or otherwise using the Software, you are acknowledging and
23     agreeing to be bound by the following terms.
24    
25    
26    
27    
28     1.Definitions
29    
30    
31     "Permitted Number" means one (1) unless indicated otherwise by a valid
32     license certificate.
33    
34     "Documentation" means the online documentation and printed documentation,
35     if any, provided to Licensee in connection with Software, except for
36     documentation provided under third party or open source licenses as
37     provided in Sections 4.2 and 4.3 below. Whenever the context reasonably
38     permits, any reference in this Agreement to Software shall also apply to
39     Documentation. The Documentation may be used by Licensee, but only
40     in connection with this Software.
41    
42    
43     "Software" means (a) all of the contents of the files (delivered electron-
44     ically or on physical media), or disk(s) or other media with which this
45     agreement is provided, which may include (i) NoMachine software,
46     Open Source Software or Third Party Software; (ii) related explanatory
47     written materials or files ("Documentation"); and (iii) fonts; and
48     (b)images, sounds, clip art and other artistic works ("Media") bundled
49     with NoMachine software; and (c) upgrades, modified versions, updates,
50     additions, and copies of the foregoing, provided to you by NoMachine at
51     any time (collectively, "Updates").
52    
53    
54     "Open Source Software" components (or portions thereof) included
55     with this NoMachine software product are distributed under the original
56     license terms. Copyright statements and licenses applied to Open Source
57     Software components (or portions thereof) can be found in the
58     "credits" file.
59    
60    
61     "Third-Party Software". Some of the Software Programs included in the
62     Software are distributed under the terms of agreements with third parties
63     which may expand or limit your rights to use certain Software Programs
64     as set forth in Sections 2, 3 and 4.
65    
66    
67    
68     2. GRANT OF LICENSE AND TERMS OF USE
69    
70    
71     2.1 Subject to your compliance with the terms and conditions of this
72     Agreement, NoMachine and its authorized suppliers grant you a limited,
73     nonexclusive and nontransferable license to install and use the Software
74     on a compatible device or Computer in the manner and for the purposes in
75     accordance with (i) the Documentation; (ii) the License Type for which you
76     have paid the fees where applicable.
77    
78     (a) Individual Use. You may install and use the Permitted Number of copies
79     of the Software on a compatible Computer for your private non-commercial
80     use unless otherwise specified in the Software documentation.
81    
82     (b) Commercial Use. Commercial use of the Software is governed by the
83     accompanying License Type acquired separately from NoMachine and for which,
84     where applicable, a fee has been paid. Unless otherwise provided in the
85     Software Documentation, you may install and use the Permitted Number of
86     copies of the Software on a compatible device. A "Commercial User" is
87     defined as an individual or entity, or an individual acting on behalf of
88     an entity, who uses the Software for commercial or business purposes.
89    
90     (c) Distribution: Redistribution of Software developed by NoMachine is
91     strictly forbidden without written permission by NoMachine.
92    
93     (d) Back up Copy. You may not copy the Software except for a reasonable
94     number of machine-readable copies of the Software for backup or archival
95     purposes and except as expressly permitted in this EULA. All copies of the
96     Software must reproduce all proprietary notices, labels, or marks.
97    
98     Notwithstanding the foregoing, this Agreement shall not prevent or restrict
99     you from exercising additional or different rights to any free, Open Source
100     Software, documentation and materials contained in or provided with the
101     Software in accordance with the applicable free, open source license for
102     such code, documentation, and materials.
103    
104    
105     3. DESCRIPTION OF OTHER RIGHTS, LIMITATIONS, AND OBLIGATIONS
106    
107     3.1 Transfer. You may not rent, lease, sublicense, assign or trans-
108     fer your rights in the Software, or authorize all or any portion of
109     the Software to be copied onto another user's Computer except as may
110     be expressly permitted by this Agreement. You may, however, transfer all
111     your rights to use the Software to another person or legal entity provided
112     that (a) you also transfer ( i) this agreement, and (ii) the Software and
113     all other Software or hardware bundled or pre-installed with the Software,
114     including all copies, updates prior versions, to such person or entity (b)
115     you retain no copies, including backups and copies stored on a Computer,
116     and (c) the receiving party accepts the terms and conditions of this Agreement
117     and any other terms and conditions upon which you obtained a valid license to
118     the Software. Notwithstanding the foregoing you may not transfer pre-release,
119     or not for resale copies of the Software.
120    
121     3.2 No Modification, Reverse Engineering or Leasing. No modification,
122     adaptation, translation of the software is permitted, including modification
123     to the graphical contents, without specific and prior permission from
124     NoMachine. You may not decompile, decrypt, reverse engineer, disassemble
125     or otherwise reduce the Software to human-readable form to gain access to
126     trade secrets or confidential information in the Software, except to the
127     extent the foregoing restriction is expressly prohibited by applicable law.
128     Nor shall you, or permit any other person to do, the foregoing without
129     explicit permission from NoMachine; (ii) remove, alter, cover or obfuscate
130     any copyright notices or other proprietary rights notices placed or embedded
131     by NoMachine on or in any Software or Documentation; (iii) sell, resell
132     for a profit, rent, lease or lend the Software or Documentation or use it
133     for commercial time sharing, rental or service bureau use; (iv) use the
134     Software or any component thereof for any illegal purposes; or (v) use
135     the Software or Documentation, or any component thereof, to enable
136     copyright protection-circumvention devices or to violate or circumvent
137     in any manner any content copyright, content protection scheme, or content
138     copy policies. Notwithstanding the foregoing, this Agreement shall not
139     prevent or restrict you from exercising additional or different rights to
140     any free, open source code, documentation and materials contained in or
141     provided with the Software in accordance with the applicable free, open
142     source license for such code, documentation, and materials.
143    
144     3.3 Licensed, Not Sold. The Software, including Third Party Software, is
145     not sold, but is licensed and distributed to Licensee. Any reference to the
146     purchase or sale of a product means, with respect to NoMachine Software
147     and Third Party Software, a purchase or sale of the applicable licenses.
148     The license fees for such licenses are included in the product purchase
149     price. No fee is charged for any Open Source Software license, but a fee
150     for distribution (e.g., transferring a copy or copies to Licensee) is
151     included in the product purchase price. Ownership of copies of Open
152     Source Software, NoMachine Software and Third Party Software is governed
153     by the applicable license agreement.
154    
155     3.4 Proprietary Rights. No title to or ownership of the Software is
156     transferred to you. NoMachine and/or its licensors own and retain all title
157     and ownership of all intellectual property rights in and to the Software,
158     including any adaptations or copies.
159    
160     4. LIMITED WARRANTY AND DISCLAIMER & LIABILITIES
161    
162     4.1 NoMachine Software. NoMachine warrants that if Software fails
163     to substantially conform to the specifications in the Documentation or to
164     any other Software specifications published by NoMachine, and if the non-
165     conformity is reported in writing by Licensee to NoMachine within 30 days
166     from the date the License is purchased, then NoMachine shall either remedy
167     the nonconformity or offer to refund the purchase price, if applicable,
168     to Licensee. In the event of a refund, the License shall terminate.
169    
170     4.2 Third Party Software. Warranties, if any, applicable to Third Party
171     Software will be the warranties made by the third party licensors in the
172     applicable license agreements.
173    
174     4.3 Open Source Software. Pursuant to the various open source licenses
175     there is no warranty applicable to Open Source Software.
176    
177    
178     4.4 Disclaimer Of Warranties. NOMACHINE MAKES NO WARRANTY, PROMISE OR
179     REPRESENTATION NOT EXPRESSLY SET FORTH IN THIS AGREEMENT. EXCEPT AS
180     EXPRESSLY WARRANTED HEREIN, THE Software IS PROVIDED "AS IS" WITHOUT
181     WARRANTY OR REPRESENTATION OF ANY KIND. NOMACHINE MAKES NO WARRANTY OR
182     REPRESENTATION WITH RESPECT TO THIRD PARTY SOFTWARE. OPEN SOURCE SOFT-
183     WARE IS PROVIDED "AS IS" WITHOUT WARRANTY OR REPRESENTATION OF ANY KIND.
184     NOMACHINE DISCLAIMS AND EXCLUDES ALL IMPLIED WARRANTIES INCLUDING,
185     WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF NONINFRINGEMENT, MERCH-
186     ANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. NOMACHINE DOES NOT
187     WARRANT THAT ANY SOFTWARE WILL SATISFY LICENSEE'S REQUIREMENTS OR
188     THAT IT IS WITHOUT DEFECT OR ERROR OR THAT THE OPERATION THEREOF WILL
189     BE UNINTERRUPTED. THIS AGREEMENT GIVES LICENSEE SPECIFIC LEGAL RIGHTS.
190     LICENSEE MIGHT HAVE OTHER RIGHTS, WHICH VARY FROM STATE/JURISDICTION
191     TO STATE/JURISDICTION. The provisions of Section 3 shall survive the
192     termination of this Agreement, howsoever caused, but this shall not
193     imply or create any continued right to use the Software after term-
194     ination of this Agreement.
195    
196     4.5 Limitation On Liability. IN NO EVENT WILL NOMACHINE OR ITS
197     SUPPLIERS BE LIABLE TO YOU FOR ANY DAMAGES, CLAIMS OR COSTS WHAT-
198     SOEVER OR ANY CONSEQUENTIAL, INDIRECT, INCIDENTAL, DAMAGES, OR ANY
199     LOST PROFITS OR LOST SAVINGS. THE FOREGOING LIMITATIONS AND EXCLUS-
200     IONS APPLY TO THE EXTENT PERMITTED BY APPLICABLE LAW IN YOUR JURIS-
201     DICTION. THE AGGREGATE LIABILITY OF NOMACHINE ARISING FROM OR RELAT-
202     ING TO THIS AGREEMENT OR ANY OF THE SOFTWARE (REGARDLESS OF THE FORM
203     OF ACTION OR CLAIM - E.G., CONTRACT,WARRANTY, TORT, STRICT LIABILITY,
204     MALPRACTICE, FRAUD AND/OR OTHERWISE) SHALL NOT EXCEED THE TOTAL PAYMENT
205     MADE BY LICENSEE TO PURCHASE THE SOFTWARE. NOMACHINE SHALL NOT IN ANY
206     CASE BE LIABLE FOR ANY SPECIAL, INCIDENTAL, CONSEQUENTIAL, INDIRECT OR
207     PUNITIVE DAMAGES, OR FOR LOSS OF PROFIT, REVENUE, DATA, OR PROGRAMS, EVEN
208     IF NOMACHINE HAS BEEN ADVISED OF THE POSSIBILITY THEREOF.
209    
210     5. AUTHORIZED DISTRIBUTORS AND RESELLERS
211     NoMachine authorized distributors and resellers do not have the right to
212     make modifications to this Agreement or to make any additional represent-
213     ations, commitments, or warranties binding on NoMachine.
214    
215     6. RESPONSIBILITY FOR DECISIONS
216     Licensee is responsible for decisions made and actions taken based on the
217     Software.
218    
219     7. NON-PARTIES
220     The officers, directors, employees, shareholders and representatives of
221     NoMachine are not parties to this Agreement and shall have no obligation
222     or liability to Licensee relating to this Agreement or the Software.
223    
224     8. SOLE REMEDY AND ALLOCATION OF RISK
225     Licensee's sole and exclusive remedy is set forth in this agreement.This
226     Agreement defines a mutually agreed-upon allocation of risk and the
227     License fees reflect such allocation of risk.
228    
229     9. SUPPORT
230     Nothing in this Agreement entitles Licensee to any support, maintenance
231     or new versions or distributions of any Software. Licensee may contact
232     NoMachine to determine the availability of support, maintenance and new
233     versions and distributions of the Software, and the fees, terms and cond-
234     itions applicable there to.
235    
236     10. GOVERNING LAW
237     This Agreement shall be governed by the laws of the state of Luxembourg
238     without giving effect to conflict or choice of law principles. The parties
239     agree to exclude application of the "United Nations Convention on Contracts
240     for the International Sale of Goods" to this Agreement. Any litigation between
241     the Parties shall be conducted exclusively by the courts of Luxembourg City.
242     The parties agree and submit to such exclusive jurisdiction and venue.
243    
244     11. ENTIRE AGREEMENT
245     This Agreement sets forth the entire understanding and agreement between
246     the parties relating to the subject matter of this Agreement and may be
247     amended only in a writing signed by both parties. No vendor, distributor,
248     OEM, VAR, reseller, dealer, retailer, sales person or other person is
249     authorized by NoMachine to modify this Agreement or to make any warranty,
250     representation or promise which is different than, or in addition to, the
251     warranties, representations and promises of this Agreement.
252    
253     12. TERMINATION
254     The License shall automatically terminate if Licensee materially breaches
255     this Agreement. Upon termination of the License, Licensee shall cease all
256     use of the Software and shall destroy all copies of the Software within
257     the possession or control of Licensee and shall return the original Soft-
258     ware and Documentation, if any, to NoMachine.
259    
260     13. EXPORT LAWS
261     Licensee shall not export, disclose or distribute any Software in violation
262     of any applicable laws or regulations, including the export laws and
263     regulations of Luxembourg, and shall comply with all such laws and regulations.
264    
265     14. CONSTRUCTION
266     In the construction and interpretation of this Agreement, no rule of strict
267     construction shall apply against either party.
268    
269     15. SEVERABILITY
270     If any provision in this Agreement is invalid or unenforceable or contrary to
271     applicable law, such provision shall be construed, limited, or altered, as
272     necessary, to eliminate the invalidity or unenforceability or the conflict
273     with applicable law, and all other provisions of this Agreement
274     shall remain in effect.
275    
276     16. H.264/AVC NOTICE
277     THIS PRODUCT IS LICENSED UNDER THE AVC PATENT PORTFOLIO LICENSE FOR THE
278     PERSONAL USE OF A CONSUMER OR OTHER USES IN WHICH IT DOES NOT RECEIVE
279     REMUNERATION TO (i) ENCODE VIDEO IN COMPLIANCE WITH THE AVC STANDARD
280     ("AVC VIDEO") AND/OR (ii) DECODE AVC VIDEO THAT WAS ENCODED BY A CONSUMER
281     ENGAGED IN A PERSONAL ACTIVITY AND/OR WAS OBTAINED FROM A VIDEO PROVIDER
282     LICENSED TO PROVIDE AVC VIDEO. NO LICENSE IS GRANTED OR SHALL BE IMPLIED
283     FOR ANY OTHER USE. ADDITIONAL AVC PATENT PORTFOLIO LICENSE INFORMATION
284     MAY BE OBTAINED FROM MPEG LA, L.L.C. SEE HTTP://WWW.MPEGLA.COM
285    
286     NoMachine's End User License Agreement is subject to revisions. Please see
287     http://www.nomachine.com/ for any updates.
288    
289    
290    
291     ACKNOWLEDGEMENTS
292    
293     NoMachine Software contains Open Source software for which this
294     EULA does not apply. Such software, which are subject to other terms and
295     conditions, are listed together with their original copyright statements
296     and license terms in the "credits" file accompanying this Software.
297    
298    
299     Certain components of the NoMachine Software have been released by
300     NoMachine under an open source license. Such components are listed in the
301     "credits" file and must be used in accordance with the applicable open source
302     license terms and conditions.
303    
304     In accordance with Open Source Software license terms, NoMachine makes
305     available the corresponding source files at:
306    
307     http://www.nomachine.com/opensource
308    
309    
310     For those components not eventually available for download, upon request
311     NoMachine will deliver all the relative third-party source code, consistent
312     with the licensing terms of the original software, and documentation at the
313     cost of the postage charges incurred.

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