End User License Agreement

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.
EXCEPT FOR THE LIMITED WARRANTY PROVIDED ABOVE, THE MANAGEMENT SOFTWARE,
INCLUDING WITHOUT LIMITATION ANY OPEN SOURCE SOFTWARE INCORPORATED
THEREIN OR PROVIDED THEREWITH, AND ANY ACCOMPANYING DOCUMENTATION, ARE
PROVIDED "AS IS".
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE WARRANTIES
EXPRESSLY STATED HEREIN ARE EXCLUSIVE AND IN LIEU OF ALL OTHER WARRANTIES,
WHETHER IMPLIED, STATUTORY OR OTHERWISE, INCLUDING THE WARRANTIES OF
MERCHANTABILITY, NON-INFRINGEMENT, TITLE, FITNESS FOR A PARTICULAR PURPOSE
OR SATISFACTORY QUALITY, WHICH NCOMPUTING SPECIFICALLY DISCLAIMS, FOR ITSELF
AND ON BEHALF OF ITS SUPPLIERS, TOGETHER WITH ANY AND ALL WARRANTIES ARISING
FROM COURSE OF DEALING OR USAGE IN TRADE. NO ADVICE OR INFORMATION,
WHETHER ORAL OR WRITTEN, OBTAINED FROM NCOMPUTING OR ELSEWHERE SHALL
CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THIS AGREEMENT.
SOME JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OF IMPLIED WARRANTIES, SO THE
DISCLAIMER OF IMPLIED WARRANTIES ABOVE MAY NOT APPLY TO YOU, IN WHICH CASE
THE DURATION OF ANY SUCH IMPLIED WARRANTIES SHALL BE LIMITED TO NINETY (90)
DAYS FROM THE DATE YOU PURCHASED THE MANAGEMENT SOFTWARE; PROVIDED,
HOWEVER, THAT IN SUCH CASE NCOMPUTING’S OR ITS SUPPLIERS’ SOLE LIABILITY AND
YOUR EXCLUSIVE REMEDY FOR BREACH OF SUCH IMPLIED WARRANTIES SHALL IN ANY
CASE BE, AT NCOMPUTING’S OPTION, (i) TO REPAIR OR REPLACE THE MANAGEMENT
SOFTWARE TO CONFORM IT TO SUCH APPLICABLE WARRANTY, OR (ii) TO TERMINATE THIS
EULA AND RETURN THE AMOUNT PAID BY YOU FOR THE AFFECTED MANAGEMENT
SOFTWARE.
NCOMPUTING DOES NOT WARRANT THAT THE OPERATION OF THE MANAGEMENT
SOFTWARE WILL BE UNINTERRUPTED OR ERROR FREE OR THAT THE MANAGEMENT
SOFTWARE WILL MEET YOUR SPECIFIC REQUIREMENTS. YOU ACKNOWLEDGE AND
AGREE THAT PERFORMANCE OF THE MANAGEMENT SOFTWARE MAY VARY DEPENDING
ON THE LICENSED SERVER, CLIENT DEVICE, THE SOFTWARE PROGRAMS RUNNING ON
THE FOREGOING (INCLUDING THE MANAGEMENT SOFTWARE), AND THE BANDWIDTH AND
CONFIGURATION OF THE NETWORK CONNECTING THEM.
14. LIMITATION OF LIABILITY. EXCEPT TO THE EXTENT THAT LIABILITY MAY NOT BY LAW BE
LIMITED OR EXCLUDED, IN NO EVENT WILL NCOMPUTING OR ITS SUPPLIERS BE LIABLE
FOR LOSS OR CORRUPTION OF DATA, LOST PROFITS OR LOSS OF CONTRACTS, COST OF
PROCUREMENT OF SUBSTITUTE PRODUCTS OR OTHER SPECIAL, INCIDENTAL, PUNITIVE,
CONSEQUENTIAL OR INDIRECT DAMAGES ARISING FROM THE SUPPLY OR USE OF THE
MANAGEMENT SOFTWARE, HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY
(INCLUDING, WITHOUT LIMITATION, NEGLIGENCE). THIS LIMITATION WILL APPLY EVEN IF
NCOMPUTING OR AN AUTHORIZED DISTRIBUTOR OF NCOMPUTING HAS BEEN ADVISED OF
THE POSSIBILITY OF SUCH DAMAGES, AND NOTWITHSTANDING THE FAILURE OF
ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. IN NO EVENT SHALL NCOMPUTING’S OR
ITS SUPPLIERS’ LIABILITY EXCEED THE AMOUNT PAID BY YOU FOR THE AFFECTED