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Update NoMachine license

1 End-User License Agreement
2
3 NoMachine - Rome - Italy
4
5 NoMachine NX Products License
6
7 Copyright (c) 2002-2007 NoMachine. All Rights Reserved.
8
9 Do not install or use NX products until you have read and accepted this
10 Agreement. By installing or using NX products you accept this Agreement.
11
12 If you do not agree to the terms of this license, you must not install
13 or use the NoMachine NX products. When applicable you may return NX
14 product you purchased, including all packaging, media, and documentation,
15 to the place of purchase for a refund, provided that the return is made
16 within ten days of the date of purchase.
17
18 1. Licensee
19
20 "Licensee" is the person, company or entity who uses this NX Product.
21 The Licensee must accept and agree to this Agreement before installing
22 or using the NX Product.
23
24 2. License of NoMachine NX Product
25
26 Subject to the other provisions of this Agreement, NoMachine grants to
27 Licensee a nonexclusive, nontransferable license ("the License") to use
28 the NX Product on a single computer system. Additionally, this product
29 may be installed on more than one computer system in a non-commercial
30 setting. Rights to NoMachine not expressly granted to Licensee in this
31 Agreement are reserved by NoMachine.
32
33 3. NX Product
34
35 The "NX Product" includes the NX Software (NX Client, NX Server, NX
36 Server Manager, NX Web Companion any edition and add-on software) and,
37 depending on the product, a License Certificate.
38
39 4. NX Software
40
41 The "NX Software" includes three categories of computer programs:
42 Commercial Software developed by NoMachine, Open Source Software
43 developed by NoMachine, Third Party Open Source Software. The term
44 "Software" is used to mean any or all of the Commercial, Open Source,
45 and Third Party Software.
46
47 4.1 Commercial NoMachine Software
48
49 NoMachine Commercial Software consists of the following computer programs
50 that have been developed by NoMachine:
51
52 - nxserver
53 - nxnode
54 - nxmanager
55 - nxclient
56 - nxapplet
57
58 NoMachine owns the copyrights and intellectual property in and to each
59 item of NoMachine Commercial Software. Redistribution of NX Server
60 software is forbidden without written permission by NoMachine.
61 Redistribution of NX Client software, including commercial Closed Source
62 packages, is allowed, free of charge, for commercial and non-commercial
63 use providing any copyright notices that pertain to the origins of the
64 Software are not altered in any way or removed.
65
66 No modification, adaptation, translation of the software is permitted,
67 including modification to the graphical contents, without specific and
68 prior permission from NoMachine.
69
70 4.2 Open Source NoMachine Software
71
72 Open Source NoMachine Software consists of packages developed by NoMachine
73 for inclusion in NX products. NoMachine Open Source software packages
74 and modifications to existing Open Source packages are released by
75 NoMachine under the terms of the GNU Public License version 2. The license
76 governs the software and the copying, distribution, modification, and
77 use of the software. Source code of the Open Source software packages
78 is included and distributed to Licensee, consistent with the requirements
79 of the license agreement. Open Source Software developed by NoMachine
80 is owned by NoMachine and distributed by NoMachine to Licensee for use
81 by Licensee. NoMachine releases as Open Source software the following
82 packages:
83
84 - nxproxy
85 - nxcomp
86 - nxcompext
87 - nxssh
88 - nxuexec
89 - nxspool
90 - nxsensor
91 - nx-X11
92 - nxwin
93 - nxauth
94 - nxagent
95 - nxviewer
96 - nxdesktop
97 - nxesd
98 - nxscripts
99 - nxcompsh
100 - nxkill
101 - nxservice
102 - nxbuilder
103
104 4.3 Third Party Open Source Software
105
106 Many of the Software Programs included in the Software are distributed
107 under the terms of agreements with third parties ("Third Party Agreements")
108 which may expand or limit your rights to use certain Software Programs
109 as set forth in Section 2. Certain Software Programs may be licensed
110 (or sublicensed) under the GNU General Public License and other similar
111 open source license agreements ("OSLAs") which, among other rights,
112 permit the copying, modification and redistribution of certain Software
113 Programs, or portions thereof, and give access to the source code of
114 certain Software Programs, or portions thereof. In addition, certain
115 Software Programs, or portions thereof, may be licensed (or sublicensed)
116 under terms stricter than those set forth in Section 2. The Third Party
117 Agreements, related online documentation, source code, and other information
118 about such Software Programs are available at the relevant websites:
119
120 - Cygwin [Cygwin License, http://www.cygwin.com/]
121 - XFree86 [XFree86 License, http://www.xfree.org/]
122 - OpenSSH [OpenSSH License, http://www.openssh.org/]
123 - RDesktop [GPL, http://www.rdesktop.org/]
124 - TightVNC [GPL, http://www.tightvnc.org/]
125 - CUPS [GPL, http://www.cups.org/]
126 - SAMBA [GPL, http://www.samba.net/]
127 - ESD [GPL, http://www.tux.org/~ricdude/EsounD.html]
128 - GKrellM [GPL, http://www.gkrellm.net/]
129 - SQLite [SQLite License, http://www.sqlite.org/]
130
131 Upon request NoMachine will deliver all the relative third-party source
132 code, consistent with the licensing terms of the original software, and
133 documentation at the cost of the postage charges incurred.
134
135 You acknowledge that you have read, understood and agreed to the terms
136 and conditions of each such Third Party Agreement. To the extent any
137 Third Party Agreements require that Licensor provide rights to use, copy
138 or modify a Software Program that are broader than the rights granted
139 in Section 2, then such rights shall take precedence over the rights
140 and restrictions granted in this Agreement solely for such Software
141 Programs.
142
143 Licensed, Not Sold Open Source Software, NoMachine Software and Third
144 Party Software are not sold, but are licensed and distributed to Licensee.
145 Any reference to the purchase or sale of the NX Product means, with respect
146 to the NX Software and Third Party Software, a purchase or sale of the
147 applicable licenses. The license fees for such licenses are included in
148 the NX product purchase price. No fee is charged for any Open Source
149 Software license, but a fee for distribution (e.g., transferring a copy
150 or copies to Licensee) is included in the NX product purchase price.
151 Ownership of copies of Open Source Software, NoMachine Software and Third
152 Party Software is governed by the applicable license agreement.
153
154 Maintenance Releases All maintenance releases, fixes, patches, work-around
155 solutions, upgrades, and updates for or to the Open Source Software,
156 NoMachine Software and Third Party Software made available by NoMachine
157 or its distributors, OEMs, VARs or other resellers to Licensee shall be
158 deemed part of the NoMachine Software, Third Party Software or Open
159 Source Software as applicable, and shall be governed by this Agreement
160 and the license agreements referred to herein, unless a different license
161 agreement is provided with or made applicable to such maintenance releases,
162 fixes, patches, work-around solutions, upgrades, and updates.
163
164 5. Documentation
165
166 "Documentation" means the online documentation and printed documentation,
167 if any, provided to Licensee in connection with NX, except for documentation
168 provided under third party or open source licenses as provided in Sections
169 4.2 and 4.3 above. Whenever the context reasonably permits, any reference
170 in this Agreement to NoMachine Software shall also apply to Documentation.
171 The Documentation may be used by Licensee, but only in connection with
172 this NX Product.
173
174 6. NoMachine Artwork
175
176 "NoMachine Artwork" includes the [!M] logo, the NoMachine and NX logos,
177 included icon sets, and other trademarks. NoMachine holds all rights,
178 including the right of distribution, to NoMachine Artwork.
179
180 7. Limited Warranty
181
182 Media And Documentation. NoMachine warrants that if the NX Product media
183 or printed documentation, if any, provided by NoMachine are in a damaged
184 or physically defective condition when delivered and if they are returned
185 to NoMachine (postage prepaid) within 30 days of the date of purchase,
186 then NoMachine will provide Licensee with replacements at no charge.
187
188 NoMachine Software. NoMachine warrants that if the NoMachne Software
189 fails to substantially conform to the specifications in the Documentation
190 or to any other NoMachine Software specifications published by NoMachine
191 and if the nonconformity is reported in writing by Licensee to NoMachine
192 within 30 days from the date the License is purchased, then NoMachine
193 shall either remedy the nonconformity or offer to refund the purchase
194 price to Licensee upon a return of the NX Product (including all packaging,
195 media, and documentation) to NoMachine. In the event of a refund, the
196 License shall terminate.
197
198 Third Party Software. Warranties, if any, applicable to Third Party
199 Software will be the warranties made by the third party licensors in
200 the applicable license agreements.
201
202 Open Source Software. Pursuant to the various open source licenses
203 there is no warranty applicable to Open Source Software.
204
205 8. Disclaimers And Limitations
206
207 Disclaimer Of Warranties. NOMACHINE MAKES NO WARRANTY, PROMISE OR
208 REPRESENTATION NOT EXPRESSLY SET FORTH IN THIS AGREEMENT. EXCEPT AS
209 EXPRESSLY WARRANTED HEREIN, THE NX SOFTWARE IS PROVIDED "AS IS" WITHOUT
210 WARRANTY OR REPRESENTATION OF ANY KIND. NOMACHINE MAKES NO WARRANTY OR
211 REPRESENTATION WITH RESPECT TO THIRD PARTY SOFTWARE. OPEN SOURCE SOFTWARE
212 IS PROVIDED "AS IS" WITHOUT WARRANTY OR REPRESENTATION OF ANY KIND.
213 NOMACHINE DISCLAIMS AND EXCLUDES ALL IMPLIED WARRANTIES INCLUDING, WITHOUT
214 LIMITATION, THE IMPLIED WARRANTIES OF NONINFRINGEMENT, MERCHANTABILITY
215 AND FITNESS FOR A PARTICULAR PURPOSE. NOMACHINE DOES NOT WARRANT THAT
216 ANY THE SOFTWARE WILL SATISFY LICENSEE'S REQUIREMENTS OR THAT IT IS
217 WITHOUT DEFECT OR ERROR OR THAT THE OPERATION THEREOF WILL BE UNINTERRUPTED.
218 THIS AGREEMENT GIVES LICENSEE SPECIFIC LEGAL RIGHTS. LICENSEE MIGHT
219 HAVE OTHER RIGHTS, WHICH VARY FROM STATE/JURISDICTION TO STATE/JURISDICTION.
220
221 Limitation On Liability. THE AGGREGATE LIABILITY OF NOMACHINE ARISING
222 FROM OR RELATING TO THIS AGREEMENT OR ANY OF THE SOFTWARE (REGARDLESS
223 OF THE FORM OF ACTION OR CLAIM - E.G., CONTRACT, WARRANTY, TORT, STRICT
224 LIABILITY, MALPRACTICE, FRAUD AND/OR OTHERWISE) SHALL NOT EXCEED THE
225 TOTAL PAYMENT MADE BY LICENSEE TO PURCHASE THIS NX PRODUCT. NOMACHINE
226 SHALL NOT IN ANY CASE BE LIABLE FOR ANY SPECIAL, INCIDENTAL, CONSEQUENTIAL,
227 INDIRECT OR PUNITIVE DAMAGES, OR FOR LOSS OF PROFIT, REVENUE, DATA, OR
228 PROGRAMS, EVEN IF NoMachine HAS BEEN ADVISED OF THE POSSIBILITY THEREOF.
229 Because some states/jurisdictions do not allow the exclusion or limitation
230 of liability, the above limitation might not apply.
231
232 Responsibility For Decisions. Licensee is responsible for decisions
233 made and actions taken based on the Software.
234
235 Non-Parties. The officers, directors, employees, shareholders and
236 representatives of NoMachine are not parties to this Agreement and shall
237 have no obligation or liability to Licensee relating to this Agreement
238 or the Software.
239
240 9. Sole Remedy And Allocation Of Risk
241
242 LICENSEE'S SOLE AND EXCLUSIVE REMEDY IS SET FORTH IN THIS AGREEMENT.
243 This Agreement defines a mutually agreed-upon allocation of risk and
244 the License fees reflect such allocation of risk.
245
246 10. Support
247
248 Nothing in this Agreement entitles Licensee to any support, maintenance
249 or new versions or distributions of any Software. Licensee may contact
250 NoMachine to determine the availability of support, maintenance and new
251 versions and distributions of Software, and the fees, terms and conditions
252 applicable there to.
253
254 11. Governing Law
255
256 This Agreement shall be governed by the laws of the state of Italy without
257 giving effect to conflict or choice of law principles. The parties agree
258 to exclude application of the "United Nations Convention on Contracts
259 for the International Sale of Goods" to this Agreement. Any litigation
260 between the parties shall be conducted exclusively in Rome state courts.
261 The parties agree and submit to such exclusive jurisdiction and venue.
262
263 12. Entire Agreement
264
265 This Agreement sets forth the entire understanding and agreement between
266 the parties relating to the subject matter of this Agreement and may be
267 amended only in a writing signed by both parties. No vendor, distributor,
268 OEM, VAR, reseller, dealer, retailer, sales person or other person is
269 authorized by NoMachine to modify this Agreement or to make any warranty,
270 representation or promise which is different than, or in addition to,
271 the warranties, representations and promises of this Agreement.
272
273 13. Termination
274
275 The License shall automatically terminate if Licensee materially breaches
276 this Agreement. Upon termination of the License, Licensee shall cease
277 all use of the NX Software and shall destroy all copies of the NX Software
278 within the possession or control of Licensee and shall return the original
279 NX Software media and Documentation, if any, to NoMachine.
280
281 14. Export Laws
282
283 Licensee shall not export, disclose or distribute any Software in violation
284 of any applicable laws or regulations, including the export laws and
285 regulations of Italy, and shall comply with all such laws and regulations.
286
287 15. Construction
288
289 In the construction and interpretation of this Agreement, no rule of
290 strict construction shall apply against either party.
291
292 16. Severability
293
294 If any provision in this Agreement is invalid or unenforceable or contrary
295 to applicable law, such provision shall be construed, limited, or altered,
296 as necessary, to eliminate the invalidity or unenforceability or the
297 conflict with applicable law, and all other provisions of this Agreement
298 shall remain in effect.
299
300 NoMachine's End User License Agreement is subject to revisions. Please
301 see http://www.nomachine.com for any updates

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