End User License Agreement

ManualsBrandsNComputing ManualsvSpace Virtualization PlatformNComputing NComputing vSpace Management Center

END USER LICENSE AGREEMENT

FOR VSPACE MANAGEMENT CENTER

IMPORTANT - READ THIS CAREFULLY:

THIS IS A LEGAL AGREEMENT BETWEEN YOU AND NCOMPUTING, INC.

(“NCOMPUTING”). YOU MUST CAREFULLY READ THE FOLLOWING TERMS AND CONDITIONS

OF THIS END USER LICENSE AGREEMENT (“EULA”) IN ITS ENTIRETY BEFORE INSTALLING OR

USING THE NCOMPUTING® VSPACE® MANAGEMENT CENTER SOFTWARE IN ANY WAY. BY

CLICKING ON THE “ACCEPT” BUTTON PRESENTED IN CONNECTION WITH THIS EULA, OR BY

INSTALLING OR USING THE NCOMPUTING® VSPACE® MANAGEMENT CENTER SOFTWARE,

YOU ARE AGREEING TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS EULA. IF YOU

ARE AN INDIVIDUAL AGREEING TO THE TERMS OF THIS EULA ON BEHALF OF AN ENTITY,

SUCH AS YOUR EMPLOYER, YOU REPRESENT THAT YOU HAVE THE LEGAL AUTHORITY TO

BIND THAT ENTITY TO THE TERMS OF THIS EULA. IF YOU DO NOT HAVE SUCH AUTHORITY,

OR IF YOU DO NOT AGREE WITH THE TERMS OF THIS EULA, THEN PLEASE EXIT THIS PAGE

WITHOUT CLICKING ON THE “ACCEPT” BUTTON, DO NOT INSTALL OR USE THE

NCOMPUTING® VSPACE® MANAGEMENT CENTER SOFTWARE, AND IMMEDIATELY DELETE

THE NCOMPUTING® VSPACE® MANAGEMENT CENTER SOFTWARE FROM THE COMPUTER ON

WHICH IT WAS COPIED OR DOWNLOADED. BY DOING SO YOU FOREGO ANY IMPLIED OR

STATED RIGHTS TO INSTALL OR USE THE NCOMPUTING® VSPACE® MANAGEMENT CENTER

SOFTWARE.

1. OVERVIEW

The terms and conditions set forth in this EULA apply to the NComputing

vSpace® Management Center

software (the “Management Software”). This EULA supersedes all other licensing terms for the

Management Software. Updates to the Management Software provided by NComputing through Internet-

based services or other means are also subject to this EULA, unless other terms accompanying those

updates explicitly supersede or amend this EULA.

Installing and using the Management Software does not enable you to manage Client Devices (as defined

below) without purchase of Management Center License Keys (as defined below) as further described

herein.

2. DEFINITIONS.

For the purposes of this EULA, The following terms shall have the following meanings:

a. “Client Device” means an NComputing client device that is managed by the Management

Software.

b. “Licensed Server” means a physical or virtual machine on which the Management Software

is installed for the management of one or more Client Devices.

c. “Management Center License Key” means a license key that you must purchase from

NComputing or one of its authorized resellers and install via a key code on the Licensed

Server. Such Management Center License Key enables the Management Software installed

on the Licensed Server to manage Client Devices that have established management

connections to the Management Software over one or more networks.

Summary of content (8 pages)

PAGE 1
END USER LICENSE AGREEMENT FOR VSPACE MANAGEMENT CENTER IMPORTANT - READ THIS CAREFULLY: THIS IS A LEGAL AGREEMENT BETWEEN YOU AND NCOMPUTING, INC. (“NCOMPUTING”). YOU MUST CAREFULLY READ THE FOLLOWING TERMS AND CONDITIONS OF THIS END USER LICENSE AGREEMENT (“EULA”) IN ITS ENTIRETY BEFORE INSTALLING OR USING THE NCOMPUTING® VSPACE® MANAGEMENT CENTER SOFTWARE IN ANY WAY.
PAGE 2
d.
PAGE 3
• rent, lease, distribute, lend, sublicense, modify or create derivative works based on the Management Software or any part thereof, or grant to any third party any rights in the Management Software and its accompanying documentation, or any modifications of any of the foregoing, without the prior written consent of NComputing. 5. OWNERSHIP. The Management Software is licensed, not sold. NComputing reserves all rights not expressly granted herein.
PAGE 4
c. During the registration and validation processes, the Management Software will send information relating to the Management Software, Management Center License Key(s), Client Devices, and Licensed Server(s) to NComputing. This information includes, but is not limited to, the version and key code of the Management Center License Keys, the Internet protocol address of the Licensed Server(s), and other information provided by the end user of the Management Software. d.
PAGE 5
and/or represent that the Management Software will be compatible with any operating systems, applications, hardware or software, or any updates or upgrades thereto. If you upgrade your operating system, applications, hardware or software, NComputing will not be liable for any problems that may occur as a result of an incompatibility between the Management Software and any such upgraded hardware or software product. f.
PAGE 6
use the Management Software for purposes other than its intended use; or (ii) if you violate any terms and conditions of this EULA. NComputing and its suppliers make no warranties, and provide no remedies, in connection with any defects discovered after the ninety-day Limited Warranty period.
PAGE 7
MANAGEMENT SOFTWARE. YOU ACKNOWLEDGE AND AGREE THAT THIS PROVSION REFLECTS A REASONABLE ALLOCATION OF RISK BETWEEN THE PARTIES. 15. COMPLIANCE WITH LAW. You agree to use the Management Software solely in accordance with, and within the limits permitted by, applicable laws, rules, regulations and orders. You acknowledge and agree that the Management Software may be subject to the jurisdiction of the U.S. Export Administration Regulations (the “EAR”) (Title 15 of the U.S.
PAGE 8
constitute, a waiver of any other remedy of NComputing, and NComputing’s failure to select a specific remedy does not constitute, and shall not be interpreted to constitute, a waiver of such remedy. 20. SEVERABILITY.