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314 lines
16 KiB
314 lines
16 KiB
End-User License Agreement
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NoMachine - Luxembourg
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NoMachine Product License
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Copyright (c) 2002-2015 NoMachine S.à.r.l. All Rights Reserved.
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This is a legal agreement ("Agreement") between you, the "Licensee",
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and NoMachine S.à.r.l. ("NoMachine"), owner and titleholder of all
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copyrights, intellectual property and trademarks of the NoMachine
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Software.
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Notice to User:
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This NoMachine Software Technology License Agreement ("License Agree-
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ment") covers your use of NoMachine Software that accompanies this
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License Agreement and related software components, which may include
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associated media, printed materials, and "online" or electronic
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documentation. If you do not agree to the terms of this License
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Agreement, do not install or use the Software. By explicitly accepting
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this License Agreement, however, or by installing, copying, downloading,
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accessing, or otherwise using the Software, you are acknowledging and
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agreeing to be bound by the following terms.
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1.Definitions
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"Permitted Number" means one (1) unless indicated otherwise by a valid
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license certificate.
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"Documentation" means the online documentation and printed documentation,
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if any, provided to Licensee in connection with Software, except for
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documentation provided under third party or open source licenses as
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provided in Sections 4.2 and 4.3 below. Whenever the context reasonably
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permits, any reference in this Agreement to Software shall also apply to
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Documentation. The Documentation may be used by Licensee, but only
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in connection with this Software.
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"Software" means (a) all of the contents of the files (delivered electron-
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ically or on physical media), or disk(s) or other media with which this
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agreement is provided, which may include (i) NoMachine software,
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Open Source Software or Third Party Software; (ii) related explanatory
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written materials or files ("Documentation"); and (iii) fonts; and
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(b)images, sounds, clip art and other artistic works ("Media") bundled
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with NoMachine software; and (c) upgrades, modified versions, updates,
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additions, and copies of the foregoing, provided to you by NoMachine at
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any time (collectively, "Updates").
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"Open Source Software" components (or portions thereof) included
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with this NoMachine software product are distributed under the original
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license terms. Copyright statements and licenses applied to Open Source
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Software components (or portions thereof) can be found in the
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"credits" file.
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"Third-Party Software". Some of the Software Programs included in the
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Software are distributed under the terms of agreements with third parties
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which may expand or limit your rights to use certain Software Programs
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as set forth in Sections 2, 3 and 4.
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2. GRANT OF LICENSE AND TERMS OF USE
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2.1 Subject to your compliance with the terms and conditions of this
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Agreement, NoMachine and its authorized suppliers grant you a limited,
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nonexclusive and nontransferable license to install and use the Software
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on a compatible device or Computer in the manner and for the purposes in
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accordance with (i) the Documentation; (ii) the License Type for which you
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have paid the fees where applicable.
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(a) Individual Use. You may install and use the Permitted Number of copies
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of the Software on a compatible Computer for your private non-commercial
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use unless otherwise specified in the Software documentation.
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(b) Commercial Use. Commercial use of the Software is governed by the
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accompanying License Type acquired separately from NoMachine and for which,
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where applicable, a fee has been paid. Unless otherwise provided in the
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Software Documentation, you may install and use the Permitted Number of
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copies of the Software on a compatible device. A "Commercial User" is
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defined as an individual or entity, or an individual acting on behalf of
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an entity, who uses the Software for commercial or business purposes.
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(c) Distribution: Redistribution of Software developed by NoMachine is
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strictly forbidden without written permission by NoMachine.
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(d) Back up Copy. You may not copy the Software except for a reasonable
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number of machine-readable copies of the Software for backup or archival
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purposes and except as expressly permitted in this EULA. All copies of the
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Software must reproduce all proprietary notices, labels, or marks.
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Notwithstanding the foregoing, this Agreement shall not prevent or restrict
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you from exercising additional or different rights to any free, Open Source
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Software, documentation and materials contained in or provided with the
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Software in accordance with the applicable free, open source license for
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such code, documentation, and materials.
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3. DESCRIPTION OF OTHER RIGHTS, LIMITATIONS, AND OBLIGATIONS
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3.1 Transfer. You may not rent, lease, sublicense, assign or trans-
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fer your rights in the Software, or authorize all or any portion of
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the Software to be copied onto another user's Computer except as may
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be expressly permitted by this Agreement. You may, however, transfer all
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your rights to use the Software to another person or legal entity provided
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that (a) you also transfer ( i) this agreement, and (ii) the Software and
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all other Software or hardware bundled or pre-installed with the Software,
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including all copies, updates prior versions, to such person or entity (b)
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you retain no copies, including backups and copies stored on a Computer,
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and (c) the receiving party accepts the terms and conditions of this Agreement
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and any other terms and conditions upon which you obtained a valid license to
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the Software. Notwithstanding the foregoing you may not transfer pre-release,
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or not for resale copies of the Software.
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3.2 No Modification, Reverse Engineering or Leasing. No modification,
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adaptation, translation of the software is permitted, including modification
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to the graphical contents, without specific and prior permission from
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NoMachine. You may not decompile, decrypt, reverse engineer, disassemble
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or otherwise reduce the Software to human-readable form to gain access to
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trade secrets or confidential information in the Software, except to the
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extent the foregoing restriction is expressly prohibited by applicable law.
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Nor shall you, or permit any other person to do, the foregoing without
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explicit permission from NoMachine; (ii) remove, alter, cover or obfuscate
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any copyright notices or other proprietary rights notices placed or embedded
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by NoMachine on or in any Software or Documentation; (iii) sell, resell
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for a profit, rent, lease or lend the Software or Documentation or use it
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for commercial time sharing, rental or service bureau use; (iv) use the
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Software or any component thereof for any illegal purposes; or (v) use
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the Software or Documentation, or any component thereof, to enable
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copyright protection-circumvention devices or to violate or circumvent
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in any manner any content copyright, content protection scheme, or content
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copy policies. Notwithstanding the foregoing, this Agreement shall not
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prevent or restrict you from exercising additional or different rights to
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any free, open source code, documentation and materials contained in or
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provided with the Software in accordance with the applicable free, open
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source license for such code, documentation, and materials.
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3.3 Licensed, Not Sold. The Software, including Third Party Software, is
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not sold, but is licensed and distributed to Licensee. Any reference to the
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purchase or sale of a product means, with respect to NoMachine Software
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and Third Party Software, a purchase or sale of the applicable licenses.
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The license fees for such licenses are included in the product purchase
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price. No fee is charged for any Open Source Software license, but a fee
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for distribution (e.g., transferring a copy or copies to Licensee) is
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included in the product purchase price. Ownership of copies of Open
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Source Software, NoMachine Software and Third Party Software is governed
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by the applicable license agreement.
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3.4 Proprietary Rights. No title to or ownership of the Software is
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transferred to you. NoMachine and/or its licensors own and retain all title
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and ownership of all intellectual property rights in and to the Software,
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including any adaptations or copies.
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4. LIMITED WARRANTY AND DISCLAIMER & LIABILITIES
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4.1 NoMachine Software. NoMachine warrants that if Software fails
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to substantially conform to the specifications in the Documentation or to
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any other Software specifications published by NoMachine, and if the non-
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conformity is reported in writing by Licensee to NoMachine within 30 days
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from the date the License is purchased, then NoMachine shall either remedy
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the nonconformity or offer to refund the purchase price, if applicable,
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to Licensee. In the event of a refund, the License shall terminate.
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4.2 Third Party Software. Warranties, if any, applicable to Third Party
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Software will be the warranties made by the third party licensors in the
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applicable license agreements.
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4.3 Open Source Software. Pursuant to the various open source licenses
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there is no warranty applicable to Open Source Software.
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4.4 Disclaimer Of Warranties. NOMACHINE MAKES NO WARRANTY, PROMISE OR
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REPRESENTATION NOT EXPRESSLY SET FORTH IN THIS AGREEMENT. EXCEPT AS
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EXPRESSLY WARRANTED HEREIN, THE Software IS PROVIDED "AS IS" WITHOUT
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WARRANTY OR REPRESENTATION OF ANY KIND. NOMACHINE MAKES NO WARRANTY OR
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REPRESENTATION WITH RESPECT TO THIRD PARTY SOFTWARE. OPEN SOURCE SOFT-
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WARE IS PROVIDED "AS IS" WITHOUT WARRANTY OR REPRESENTATION OF ANY KIND.
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NOMACHINE DISCLAIMS AND EXCLUDES ALL IMPLIED WARRANTIES INCLUDING,
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WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF NONINFRINGEMENT, MERCH-
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ANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. NOMACHINE DOES NOT
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WARRANT THAT ANY SOFTWARE WILL SATISFY LICENSEE'S REQUIREMENTS OR
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THAT IT IS WITHOUT DEFECT OR ERROR OR THAT THE OPERATION THEREOF WILL
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BE UNINTERRUPTED. THIS AGREEMENT GIVES LICENSEE SPECIFIC LEGAL RIGHTS.
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LICENSEE MIGHT HAVE OTHER RIGHTS, WHICH VARY FROM STATE/JURISDICTION
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TO STATE/JURISDICTION. The provisions of Section 3 shall survive the
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termination of this Agreement, howsoever caused, but this shall not
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imply or create any continued right to use the Software after term-
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ination of this Agreement.
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4.5 Limitation On Liability. IN NO EVENT WILL NOMACHINE OR ITS
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SUPPLIERS BE LIABLE TO YOU FOR ANY DAMAGES, CLAIMS OR COSTS WHAT-
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SOEVER OR ANY CONSEQUENTIAL, INDIRECT, INCIDENTAL, DAMAGES, OR ANY
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LOST PROFITS OR LOST SAVINGS. THE FOREGOING LIMITATIONS AND EXCLUS-
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IONS APPLY TO THE EXTENT PERMITTED BY APPLICABLE LAW IN YOUR JURIS-
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DICTION. THE AGGREGATE LIABILITY OF NOMACHINE ARISING FROM OR RELAT-
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ING TO THIS AGREEMENT OR ANY OF THE SOFTWARE (REGARDLESS OF THE FORM
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OF ACTION OR CLAIM - E.G., CONTRACT,WARRANTY, TORT, STRICT LIABILITY,
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MALPRACTICE, FRAUD AND/OR OTHERWISE) SHALL NOT EXCEED THE TOTAL PAYMENT
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MADE BY LICENSEE TO PURCHASE THE SOFTWARE. NOMACHINE SHALL NOT IN ANY
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CASE BE LIABLE FOR ANY SPECIAL, INCIDENTAL, CONSEQUENTIAL, INDIRECT OR
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PUNITIVE DAMAGES, OR FOR LOSS OF PROFIT, REVENUE, DATA, OR PROGRAMS, EVEN
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IF NOMACHINE HAS BEEN ADVISED OF THE POSSIBILITY THEREOF.
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5. AUTHORIZED DISTRIBUTORS AND RESELLERS
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NoMachine authorized distributors and resellers do not have the right to
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make modifications to this Agreement or to make any additional represent-
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ations, commitments, or warranties binding on NoMachine.
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6. RESPONSIBILITY FOR DECISIONS
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Licensee is responsible for decisions made and actions taken based on the
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Software.
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7. NON-PARTIES
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The officers, directors, employees, shareholders and representatives of
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NoMachine are not parties to this Agreement and shall have no obligation
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or liability to Licensee relating to this Agreement or the Software.
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8. SOLE REMEDY AND ALLOCATION OF RISK
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Licensee's sole and exclusive remedy is set forth in this agreement.This
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Agreement defines a mutually agreed-upon allocation of risk and the
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License fees reflect such allocation of risk.
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9. SUPPORT
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Nothing in this Agreement entitles Licensee to any support, maintenance
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or new versions or distributions of any Software. Licensee may contact
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NoMachine to determine the availability of support, maintenance and new
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versions and distributions of the Software, and the fees, terms and cond-
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itions applicable there to.
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10. GOVERNING LAW
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This Agreement shall be governed by the laws of the state of Luxembourg
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without giving effect to conflict or choice of law principles. The parties
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agree to exclude application of the "United Nations Convention on Contracts
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for the International Sale of Goods" to this Agreement. Any litigation between
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the Parties shall be conducted exclusively by the courts of Luxembourg City.
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The parties agree and submit to such exclusive jurisdiction and venue.
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11. ENTIRE AGREEMENT
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This Agreement sets forth the entire understanding and agreement between
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the parties relating to the subject matter of this Agreement and may be
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amended only in a writing signed by both parties. No vendor, distributor,
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OEM, VAR, reseller, dealer, retailer, sales person or other person is
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authorized by NoMachine to modify this Agreement or to make any warranty,
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representation or promise which is different than, or in addition to, the
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warranties, representations and promises of this Agreement.
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12. TERMINATION
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The License shall automatically terminate if Licensee materially breaches
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this Agreement. Upon termination of the License, Licensee shall cease all
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use of the Software and shall destroy all copies of the Software within
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the possession or control of Licensee and shall return the original Soft-
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ware and Documentation, if any, to NoMachine.
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13. EXPORT LAWS
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Licensee shall not export, disclose or distribute any Software in violation
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of any applicable laws or regulations, including the export laws and
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regulations of Luxembourg, and shall comply with all such laws and regulations.
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14. CONSTRUCTION
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In the construction and interpretation of this Agreement, no rule of strict
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construction shall apply against either party.
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15. SEVERABILITY
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If any provision in this Agreement is invalid or unenforceable or contrary to
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applicable law, such provision shall be construed, limited, or altered, as
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necessary, to eliminate the invalidity or unenforceability or the conflict
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with applicable law, and all other provisions of this Agreement
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shall remain in effect.
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16. H.264/AVC NOTICE
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THIS PRODUCT IS LICENSED UNDER THE AVC PATENT PORTFOLIO LICENSE FOR THE
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PERSONAL USE OF A CONSUMER OR OTHER USES IN WHICH IT DOES NOT RECEIVE
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REMUNERATION TO (i) ENCODE VIDEO IN COMPLIANCE WITH THE AVC STANDARD
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("AVC VIDEO") AND/OR (ii) DECODE AVC VIDEO THAT WAS ENCODED BY A CONSUMER
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ENGAGED IN A PERSONAL ACTIVITY AND/OR WAS OBTAINED FROM A VIDEO PROVIDER
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LICENSED TO PROVIDE AVC VIDEO. NO LICENSE IS GRANTED OR SHALL BE IMPLIED
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FOR ANY OTHER USE. ADDITIONAL AVC PATENT PORTFOLIO LICENSE INFORMATION
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MAY BE OBTAINED FROM MPEG LA, L.L.C. SEE HTTP://WWW.MPEGLA.COM
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NoMachine's End User License Agreement is subject to revisions. Please see
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http://www.nomachine.com/ for any updates.
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ACKNOWLEDGEMENTS
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NoMachine Software contains Open Source software for which this
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EULA does not apply. Such software, which are subject to other terms and
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conditions, are listed together with their original copyright statements
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and license terms in the "credits" file accompanying this Software.
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Certain components of the NoMachine Software have been released by
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NoMachine under an open source license. Such components are listed in the
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"credits" file and must be used in accordance with the applicable open source
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license terms and conditions.
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In accordance with Open Source Software license terms, NoMachine makes
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available the corresponding source files at:
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http://www.nomachine.com/opensource
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For those components not eventually available for download, upon request
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NoMachine will deliver all the relative third-party source code, consistent
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with the licensing terms of the original software, and documentation at the
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cost of the postage charges incurred.
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