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1 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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