Update NoMachine license

1 files changed, 313 insertions, 301 deletions

diff --git a/licenses/nomachine b/licenses/nomachine
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-End-User License Agreement
-
-NoMachine - Rome - Italy
-
-NoMachine NX Products License
-
-Copyright (c) 2002-2007 NoMachine. All Rights Reserved.
-
-Do not install or use NX products until you have read and accepted this
-Agreement. By installing or using NX products you accept this Agreement.
-
-If you do not agree to the terms of this license, you must not install
-or use the NoMachine NX products. When applicable you may return NX
-product you purchased, including all packaging, media, and documentation,
-to the place of purchase for a refund, provided that the return is made
-within ten days of the date of purchase.
-
-1. Licensee
-
-"Licensee" is the person, company or entity who uses this NX Product.
-The Licensee must accept and agree to this Agreement before installing
-or using the NX Product.
-
-2. License of NoMachine NX Product
-
-Subject to the other provisions of this Agreement, NoMachine grants to
-Licensee a nonexclusive, nontransferable license ("the License") to use
-the NX Product on a single computer system. Additionally, this product
-may be installed on more than one computer system in a non-commercial
-setting. Rights to NoMachine not expressly granted to Licensee in this
-Agreement are reserved by NoMachine.
-
-3. NX Product
-
-The "NX Product" includes the NX Software (NX Client, NX Server, NX
-Server Manager, NX Web Companion any edition and add-on software) and,
-depending on the product, a License Certificate.
-
-4. NX Software
-
-The "NX Software" includes three categories of computer programs:
-Commercial Software developed by NoMachine, Open Source Software
-developed by NoMachine, Third Party Open Source Software. The term
-"Software" is used to mean any or all of the Commercial, Open Source,
-and Third Party Software.
-
-4.1 Commercial NoMachine Software
-
-NoMachine Commercial Software consists of the following computer programs
-that have been developed by NoMachine:
-
- - nxserver
- - nxnode
- - nxmanager
- - nxclient
- - nxapplet
-
-NoMachine owns the copyrights and intellectual property in and to each
-item of NoMachine Commercial Software. Redistribution of NX Server
-software is forbidden without written permission by NoMachine.
-Redistribution of NX Client software, including commercial Closed Source
-packages, is allowed, free of charge, for commercial and non-commercial
-use providing any copyright notices that pertain to the origins of the
-Software are not altered in any way or removed.
-
-No modification, adaptation, translation of the software is permitted,
-including modification to the graphical contents, without specific and
-prior permission from NoMachine.
-
-4.2 Open Source NoMachine Software
-
-Open Source NoMachine Software consists of packages developed by NoMachine
-for inclusion in NX products. NoMachine Open Source software packages
-and modifications to existing Open Source packages are released by
-NoMachine under the terms of the GNU Public License version 2. The license
-governs the software and the copying, distribution, modification, and
-use of the software. Source code of the Open Source software packages
-is included and distributed to Licensee, consistent with the requirements
-of the license agreement. Open Source Software developed by NoMachine
-is owned by NoMachine and distributed by NoMachine to Licensee for use
-by Licensee. NoMachine releases as Open Source software the following
-packages:
-
- - nxproxy
- - nxcomp
- - nxcompext
- - nxssh
- - nxuexec
- - nxspool
- - nxsensor
- - nx-X11
- - nxwin
- - nxauth
- - nxagent
- - nxviewer
- - nxdesktop
- - nxesd
- - nxscripts
- - nxcompsh
- - nxkill
- - nxservice
- - nxbuilder
-
-4.3 Third Party Open Source Software
-
-Many of the Software Programs included in the Software are distributed
-under the terms of agreements with third parties ("Third Party Agreements")
-which may expand or limit your rights to use certain Software Programs
-as set forth in Section 2. Certain Software Programs may be licensed
-(or sublicensed) under the GNU General Public License and other similar
-open source license agreements ("OSLAs") which, among other rights,
-permit the copying, modification and redistribution of certain Software
-Programs, or portions thereof, and give access to the source code of
-certain Software Programs, or portions thereof. In addition, certain
-Software Programs, or portions thereof, may be licensed (or sublicensed)
-under terms stricter than those set forth in Section 2. The Third Party
-Agreements, related online documentation, source code, and other information
-about such Software Programs are available at the relevant websites:
-
- - Cygwin [Cygwin License, http://www.cygwin.com/]
- - XFree86 [XFree86 License, http://www.xfree.org/]
- - OpenSSH [OpenSSH License, http://www.openssh.org/]
- - RDesktop [GPL, http://www.rdesktop.org/]
- - TightVNC [GPL, http://www.tightvnc.org/]
- - CUPS [GPL, http://www.cups.org/]
- - SAMBA [GPL, http://www.samba.net/]
- - ESD [GPL, http://www.tux.org/~ricdude/EsounD.html]
- - GKrellM [GPL, http://www.gkrellm.net/]
- - SQLite [SQLite License, http://www.sqlite.org/] 
-
-Upon request NoMachine will deliver all the relative third-party source
-code, consistent with the licensing terms of the original software, and
-documentation at the cost of the postage charges incurred.
-
-You acknowledge that you have read, understood and agreed to the terms
-and conditions of each such Third Party Agreement. To the extent any
-Third Party Agreements require that Licensor provide rights to use, copy
-or modify a Software Program that are broader than the rights granted
-in Section 2, then such rights shall take precedence over the rights
-and restrictions granted in this Agreement solely for such Software
-Programs.
-
-Licensed, Not Sold Open Source Software, NoMachine Software and Third
-Party Software are not sold, but are licensed and distributed to Licensee.
-Any reference to the purchase or sale of the NX Product means, with respect
-to the NX Software and Third Party Software, a purchase or sale of the
-applicable licenses. The license fees for such licenses are included in
-the NX product purchase price. No fee is charged for any Open Source
-Software license, but a fee for distribution (e.g., transferring a copy
-or copies to Licensee) is included in the NX product purchase price.
-Ownership of copies of Open Source Software, NoMachine Software and Third
-Party Software is governed by the applicable license agreement.
-
-Maintenance Releases All maintenance releases, fixes, patches, work-around
-solutions, upgrades, and updates for or to the Open Source Software,
-NoMachine Software and Third Party Software made available by NoMachine
-or its distributors, OEMs, VARs or other resellers to Licensee shall be
-deemed part of the NoMachine Software, Third Party Software or Open
-Source Software as applicable, and shall be governed by this Agreement
-and the license agreements referred to herein, unless a different license
-agreement is provided with or made applicable to such maintenance releases,
-fixes, patches, work-around solutions, upgrades, and updates.
-
-5. Documentation
-
-"Documentation" means the online documentation and printed documentation,
-if any, provided to Licensee in connection with NX, except for documentation
-provided under third party or open source licenses as provided in Sections
-4.2 and 4.3 above. Whenever the context reasonably permits, any reference
-in this Agreement to NoMachine Software shall also apply to Documentation.
-The Documentation may be used by Licensee, but only in connection with
-this NX Product.
-
-6. NoMachine Artwork
-
-"NoMachine Artwork" includes the [!M] logo, the NoMachine and NX logos,
-included icon sets, and other trademarks. NoMachine holds all rights,
-including the right of distribution, to NoMachine Artwork.
-
-7. Limited Warranty
-
-Media And Documentation. NoMachine warrants that if the NX Product media
-or printed documentation, if any, provided by NoMachine are in a damaged
-or physically defective condition when delivered and if they are returned
-to NoMachine (postage prepaid) within 30 days of the date of purchase,
-then NoMachine will provide Licensee with replacements at no charge.
-
-NoMachine Software. NoMachine warrants that if the NoMachne Software
-fails to substantially conform to the specifications in the Documentation
-or to any other NoMachine Software specifications published by NoMachine
-and if the nonconformity is reported in writing by Licensee to NoMachine
-within 30 days from the date the License is purchased, then NoMachine
-shall either remedy the nonconformity or offer to refund the purchase
-price to Licensee upon a return of the NX Product (including all packaging,
-media, and documentation) to NoMachine. In the event of a refund, the
-License shall terminate.
-
-Third Party Software. Warranties, if any, applicable to Third Party
-Software will be the warranties made by the third party licensors in
-the applicable license agreements.
-
-Open Source Software. Pursuant to the various open source licenses
-there is no warranty applicable to Open Source Software.
-
-8. Disclaimers And Limitations
-
-Disclaimer Of Warranties. NOMACHINE MAKES NO WARRANTY, PROMISE OR
-REPRESENTATION NOT EXPRESSLY SET FORTH IN THIS AGREEMENT. EXCEPT AS
-EXPRESSLY WARRANTED HEREIN, THE NX SOFTWARE IS PROVIDED "AS IS" WITHOUT
-WARRANTY OR REPRESENTATION OF ANY KIND. NOMACHINE MAKES NO WARRANTY OR
-REPRESENTATION WITH RESPECT TO THIRD PARTY SOFTWARE. OPEN SOURCE SOFTWARE
-IS PROVIDED "AS IS" WITHOUT WARRANTY OR REPRESENTATION OF ANY KIND.
-NOMACHINE DISCLAIMS AND EXCLUDES ALL IMPLIED WARRANTIES INCLUDING, WITHOUT
-LIMITATION, THE IMPLIED WARRANTIES OF NONINFRINGEMENT, MERCHANTABILITY
-AND FITNESS FOR A PARTICULAR PURPOSE. NOMACHINE DOES NOT WARRANT THAT
-ANY THE SOFTWARE WILL SATISFY LICENSEE'S REQUIREMENTS OR THAT IT IS
-WITHOUT DEFECT OR ERROR OR THAT THE OPERATION THEREOF WILL BE UNINTERRUPTED.
-THIS AGREEMENT GIVES LICENSEE SPECIFIC LEGAL RIGHTS. LICENSEE MIGHT
-HAVE OTHER RIGHTS, WHICH VARY FROM STATE/JURISDICTION TO STATE/JURISDICTION.
-
-Limitation On Liability. THE AGGREGATE LIABILITY OF NOMACHINE ARISING
-FROM OR RELATING TO THIS AGREEMENT OR ANY OF THE SOFTWARE (REGARDLESS
-OF THE FORM OF ACTION OR CLAIM - E.G., CONTRACT, WARRANTY, TORT, STRICT
-LIABILITY, MALPRACTICE, FRAUD AND/OR OTHERWISE) SHALL NOT EXCEED THE
-TOTAL PAYMENT MADE BY LICENSEE TO PURCHASE THIS NX PRODUCT. NOMACHINE
-SHALL NOT IN ANY CASE BE LIABLE FOR ANY SPECIAL, INCIDENTAL, CONSEQUENTIAL,
-INDIRECT OR PUNITIVE DAMAGES, OR FOR LOSS OF PROFIT, REVENUE, DATA, OR
-PROGRAMS, EVEN IF NoMachine HAS BEEN ADVISED OF THE POSSIBILITY THEREOF.
-Because some states/jurisdictions do not allow the exclusion or limitation
-of liability, the above limitation might not apply.
-
-Responsibility For Decisions. Licensee is responsible for decisions
-made and actions taken based on the Software.
-
-Non-Parties. The officers, directors, employees, shareholders and
-representatives of NoMachine are not parties to this Agreement and shall
-have no obligation or liability to Licensee relating to this Agreement
-or the Software.
-
-9. Sole Remedy And Allocation Of Risk
-
-LICENSEE'S SOLE AND EXCLUSIVE REMEDY IS SET FORTH IN THIS AGREEMENT.
-This Agreement defines a mutually agreed-upon allocation of risk and
-the License fees reflect such allocation of risk.
-
-10. Support
-
-Nothing in this Agreement entitles Licensee to any support, maintenance
-or new versions or distributions of any Software. Licensee may contact
-NoMachine to determine the availability of support, maintenance and new
-versions and distributions of Software, and the fees, terms and conditions
-applicable there to.
-
-11. Governing Law
-
-This Agreement shall be governed by the laws of the state of Italy without
-giving effect to conflict or choice of law principles. The parties agree
-to exclude application of the "United Nations Convention on Contracts
-for the International Sale of Goods" to this Agreement. Any litigation
-between the parties shall be conducted exclusively in Rome state courts.
-The parties agree and submit to such exclusive jurisdiction and venue.
-
-12. Entire Agreement
-
-This Agreement sets forth the entire understanding and agreement between
-the parties relating to the subject matter of this Agreement and may be
-amended only in a writing signed by both parties. No vendor, distributor,
-OEM, VAR, reseller, dealer, retailer, sales person or other person is
-authorized by NoMachine to modify this Agreement or to make any warranty,
-representation or promise which is different than, or in addition to,
-the warranties, representations and promises of this Agreement.
-
-13. Termination
-
-The License shall automatically terminate if Licensee materially breaches
-this Agreement. Upon termination of the License, Licensee shall cease
-all use of the NX Software and shall destroy all copies of the NX Software
-within the possession or control of Licensee and shall return the original
-NX Software media and Documentation, if any, to NoMachine.
-
-14. Export Laws
-
-Licensee shall not export, disclose or distribute any Software in violation
-of any applicable laws or regulations, including the export laws and
-regulations of Italy, and shall comply with all such laws and regulations.
-
-15. Construction
-
-In the construction and interpretation of this Agreement, no rule of
-strict construction shall apply against either party.
-
-16. Severability
-
-If any provision in this Agreement is invalid or unenforceable or contrary
-to applicable law, such provision shall be construed, limited, or altered,
-as necessary, to eliminate the invalidity or unenforceability or the
-conflict with applicable law, and all other provisions of this Agreement
-shall remain in effect.
-
-NoMachine's End User License Agreement is subject to revisions. Please
-see http://www.nomachine.com for any updates
+End-User License Agreement

+

+NoMachine - Luxembourg

+

+NoMachine Product License

+

+Copyright (c) 2002-2015 NoMachine S.à.r.l. All Rights Reserved.

+

+This is a legal agreement ("Agreement") between you, the "Licensee", 

+and NoMachine S.à.r.l. ("NoMachine"), owner and titleholder of all

+copyrights, intellectual property and trademarks of the NoMachine

+Software.

+

+Notice to User:

+This NoMachine Software Technology License Agreement ("License Agree-

+ment") covers your use of NoMachine Software that accompanies this 

+License Agreement and related software components, which may include 

+associated media, printed materials, and "online" or electronic 

+documentation. If you do not agree to the terms of this License 

+Agreement, do not install or use the Software. By explicitly accepting 

+this License Agreement, however, or by installing, copying, downloading,

+accessing, or otherwise using the Software, you are acknowledging and 

+agreeing to be bound by the following terms.

+

+

+

+

+1.Definitions

+

+

+"Permitted Number" means one (1) unless indicated otherwise by a valid 

+license certificate.

+

+"Documentation" means the online documentation and printed documentation, 

+if any, provided to Licensee in connection with Software, except for 

+documentation provided under third party or open source licenses as 

+provided in Sections 4.2 and 4.3 below. Whenever the context reasonably 

+permits, any reference in this Agreement to Software shall also apply to 

+Documentation. The Documentation may be used by Licensee, but only 

+in connection with this Software.

+

+

+"Software" means (a) all of the contents of the files (delivered electron-

+ically or on physical media), or disk(s) or other media with which this 

+agreement is provided, which may include (i) NoMachine software, 

+Open Source Software or Third Party Software; (ii) related explanatory 

+written materials or files ("Documentation"); and (iii) fonts; and

+(b)images, sounds, clip art and other artistic works ("Media") bundled 

+with NoMachine software; and (c) upgrades, modified versions, updates, 

+additions, and copies of the foregoing, provided to you by NoMachine at 

+any time (collectively, "Updates").

+

+

+"Open Source Software" components (or portions thereof) included 

+with this NoMachine software product are distributed under the original 

+license terms. Copyright statements and licenses applied to Open Source 

+Software components (or portions thereof) can be found in the 

+"credits" file.

+

+

+"Third-Party Software". Some of the Software Programs included in the 

+Software are distributed under the terms of agreements with third parties 

+which may expand or limit your rights to use certain Software Programs 

+as set forth in Sections 2, 3 and 4. 

+

+

+

+2. GRANT OF LICENSE AND TERMS OF USE

+

+

+2.1     Subject to your compliance with the terms and conditions of this 

+Agreement, NoMachine and its authorized suppliers grant you a limited,

+nonexclusive and nontransferable license to install and use the Software 

+on a compatible device or Computer in the manner and for the purposes in

+accordance with (i) the Documentation; (ii) the License Type for which you

+have paid the fees where applicable.

+

+(a) Individual Use. You may install and use the Permitted Number of copies 

+of the Software on a compatible Computer for your private non-commercial 

+use unless otherwise specified in the Software documentation. 

+

+(b) Commercial Use. Commercial use of the Software is governed by the 

+accompanying License Type acquired separately from NoMachine and for which, 

+where applicable, a fee has been paid. Unless otherwise provided in the 

+Software Documentation, you may install and use the Permitted Number of 

+copies of the Software on a compatible device. A "Commercial User" is 

+defined as an individual or entity, or an individual acting on behalf of 

+an entity, who uses the Software for commercial or business purposes. 

+

+(c) Distribution: Redistribution of Software developed by NoMachine is 

+strictly forbidden without written permission by NoMachine.

+

+(d) Back up Copy. You may not copy the Software except for a reasonable 

+number of machine-readable copies of the Software for backup or archival 

+purposes and except as expressly permitted in this EULA. All copies of the 

+Software must reproduce all proprietary notices, labels, or marks. 

+

+Notwithstanding the foregoing, this Agreement shall not prevent or restrict 

+you from exercising additional or different rights to any free, Open Source 

+Software, documentation and materials contained in or provided with the 

+Software in accordance with the applicable free, open source license for 

+such code, documentation, and materials.

+

+

+3. DESCRIPTION OF OTHER RIGHTS, LIMITATIONS, AND OBLIGATIONS

+

+3.1     Transfer. You may not rent, lease, sublicense, assign or trans-

+fer your rights in the Software, or authorize all or any portion of 

+the Software to be copied onto another user's Computer except as may 

+be expressly permitted by this Agreement. You may, however, transfer all

+your rights to use the Software to another person or legal entity provided 

+that (a) you also transfer ( i)  this agreement, and (ii) the Software and 

+all other Software or hardware bundled or pre-installed with the Software, 

+including all copies, updates prior  versions, to such person or entity (b) 

+you retain no copies, including backups and copies stored on a Computer, 

+and (c) the receiving party accepts the terms and conditions of this Agreement 

+and any other terms and conditions upon which you obtained a valid license to 

+the Software. Notwithstanding the foregoing you may not transfer pre-release, 

+or not for resale copies of the Software.

+

+3.2     No Modification, Reverse Engineering or Leasing.  No modification, 

+adaptation, translation of the software is permitted, including modification 

+to the graphical contents, without specific and prior permission from

+NoMachine. You may not decompile, decrypt, reverse engineer, disassemble 

+or otherwise reduce the Software to human-readable form to gain access to 

+trade secrets or confidential information in the Software, except to the 

+extent the foregoing restriction is expressly prohibited by applicable law. 

+Nor shall you, or permit any other person to do, the foregoing without 

+explicit permission from NoMachine; (ii) remove, alter, cover or obfuscate 

+any copyright notices or other proprietary rights notices placed or embedded 

+by NoMachine on or in any Software or Documentation; (iii) sell, resell 

+for a profit, rent, lease or lend the Software or Documentation or use it 

+for commercial time sharing, rental or service bureau use; (iv) use the 

+Software or any component thereof for any illegal purposes; or (v) use 

+the Software or Documentation, or any component thereof, to enable 

+copyright protection-circumvention devices or to violate or circumvent 

+in any manner any content copyright, content protection scheme, or content 

+copy policies. Notwithstanding the foregoing, this Agreement shall not 

+prevent or restrict you from exercising additional or different rights to 

+any free, open source code, documentation and materials contained in or 

+provided with the  Software in accordance with the applicable free, open 

+source license for such code, documentation, and materials.

+

+3.3    Licensed, Not Sold. The Software, including Third Party Software, is 

+not sold, but is licensed and distributed to Licensee. Any reference to the 

+purchase or sale of a product means, with respect to NoMachine Software 

+and Third Party Software, a purchase or sale of the applicable licenses. 

+The license fees for such licenses are included in the product purchase 

+price. No fee is charged for any Open Source Software license, but a fee 

+for distribution (e.g., transferring a copy or copies to Licensee) is 

+included in the product purchase price. Ownership of copies of Open 

+Source Software, NoMachine Software and Third Party Software is governed 

+by the applicable license agreement.

+

+3.4  Proprietary Rights. No title to or ownership of the Software is 

+transferred to you. NoMachine and/or its licensors own and retain all title 

+and ownership of all intellectual property rights in and to the Software, 

+including any adaptations or copies.

+

+4. LIMITED WARRANTY AND DISCLAIMER & LIABILITIES

+

+4.1     NoMachine Software. NoMachine warrants that if Software fails 

+to substantially conform to the specifications in the Documentation or to 

+any other Software specifications published by NoMachine, and if the non-

+conformity is reported in writing by Licensee to NoMachine within 30 days 

+from the date the License is purchased, then NoMachine shall either remedy 

+the nonconformity or offer to refund the purchase price, if applicable, 

+to Licensee. In the event of a refund, the License shall terminate.

+

+4.2    Third Party Software. Warranties, if any, applicable to Third Party 

+Software will be the warranties made by the third party licensors in the 

+applicable license agreements.

+

+4.3    Open Source Software. Pursuant to the various open source licenses 

+there is no warranty applicable to Open Source Software.

+

+

+4.4    Disclaimer Of Warranties. NOMACHINE MAKES NO WARRANTY, PROMISE OR 

+REPRESENTATION NOT EXPRESSLY SET FORTH IN THIS AGREEMENT. EXCEPT AS 

+EXPRESSLY WARRANTED HEREIN, THE Software IS PROVIDED "AS IS" WITHOUT 

+WARRANTY OR REPRESENTATION OF ANY KIND. NOMACHINE  MAKES NO WARRANTY OR 

+REPRESENTATION WITH RESPECT TO THIRD PARTY SOFTWARE. OPEN SOURCE SOFT-

+WARE IS PROVIDED "AS IS" WITHOUT WARRANTY OR REPRESENTATION OF ANY KIND. 

+NOMACHINE DISCLAIMS AND EXCLUDES ALL IMPLIED WARRANTIES INCLUDING, 

+WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF NONINFRINGEMENT, MERCH-

+ANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. NOMACHINE DOES NOT 

+WARRANT THAT ANY SOFTWARE WILL SATISFY LICENSEE'S REQUIREMENTS OR 

+THAT IT IS WITHOUT DEFECT OR ERROR OR THAT THE OPERATION THEREOF WILL 

+BE UNINTERRUPTED. THIS AGREEMENT GIVES LICENSEE SPECIFIC LEGAL RIGHTS. 

+LICENSEE MIGHT HAVE OTHER RIGHTS, WHICH VARY FROM STATE/JURISDICTION 

+TO STATE/JURISDICTION. The provisions of Section 3 shall survive the 

+termination of this Agreement, howsoever caused, but this shall not 

+imply or create any continued right to use the Software after term-

+ination of this Agreement.

+

+4.5    Limitation On Liability. IN NO EVENT WILL NOMACHINE OR ITS 

+SUPPLIERS BE LIABLE TO YOU FOR ANY DAMAGES, CLAIMS OR COSTS WHAT-

+SOEVER OR ANY CONSEQUENTIAL, INDIRECT, INCIDENTAL, DAMAGES, OR ANY 

+LOST PROFITS OR LOST SAVINGS. THE FOREGOING LIMITATIONS AND EXCLUS-

+IONS APPLY TO THE EXTENT PERMITTED BY APPLICABLE LAW IN YOUR JURIS-

+DICTION. THE AGGREGATE LIABILITY OF NOMACHINE ARISING FROM OR RELAT-

+ING TO THIS AGREEMENT OR ANY OF THE SOFTWARE (REGARDLESS OF THE FORM 

+OF ACTION OR CLAIM - E.G., CONTRACT,WARRANTY, TORT, STRICT LIABILITY, 

+MALPRACTICE, FRAUD AND/OR OTHERWISE) SHALL NOT EXCEED THE TOTAL PAYMENT 

+MADE BY LICENSEE TO PURCHASE THE SOFTWARE. NOMACHINE SHALL NOT IN ANY 

+CASE BE LIABLE FOR ANY SPECIAL, INCIDENTAL, CONSEQUENTIAL, INDIRECT OR 

+PUNITIVE DAMAGES, OR FOR LOSS OF PROFIT, REVENUE, DATA, OR PROGRAMS, EVEN 

+IF NOMACHINE HAS BEEN ADVISED OF THE POSSIBILITY THEREOF.

+

+5. AUTHORIZED DISTRIBUTORS AND RESELLERS

+NoMachine authorized distributors and resellers do not have the right to 

+make modifications to this Agreement or to make any additional represent-

+ations, commitments, or warranties binding on NoMachine.

+

+6. RESPONSIBILITY FOR DECISIONS

+Licensee is responsible for decisions made and actions taken based on the 

+Software.

+

+7. NON-PARTIES

+The officers, directors, employees, shareholders and representatives of 

+NoMachine are not parties to this Agreement and shall have no obligation 

+or liability to Licensee relating to this Agreement or the Software.

+

+8. SOLE REMEDY AND ALLOCATION OF RISK

+Licensee's sole and exclusive remedy is set forth in this agreement.This 

+Agreement defines a mutually agreed-upon allocation of risk and the 

+License fees reflect such allocation of risk.

+

+9. SUPPORT

+Nothing in this Agreement entitles Licensee to any support, maintenance 

+or new versions or distributions of any Software. Licensee may contact 

+NoMachine to determine the availability of support, maintenance and new 

+versions and distributions of the Software, and the fees, terms and cond-

+itions applicable there to.

+

+10. GOVERNING LAW

+This Agreement shall be governed by the laws of the state of Luxembourg

+without giving effect to conflict or choice of law principles. The parties 

+agree to exclude application of the "United Nations Convention on Contracts 

+for the International Sale of Goods" to this Agreement. Any litigation between 

+the Parties shall be conducted exclusively by the courts of Luxembourg City. 

+The parties agree and submit to such exclusive jurisdiction and venue.

+

+11. ENTIRE AGREEMENT

+This Agreement sets forth the entire understanding and agreement between 

+the parties relating to the subject matter of this Agreement and may be 

+amended only in a writing signed by both parties. No vendor, distributor, 

+OEM, VAR, reseller, dealer, retailer, sales person or other person is 

+authorized by NoMachine to modify this Agreement or to make any warranty, 

+representation or promise which is different than, or in addition to, the 

+warranties, representations and promises of this Agreement.

+

+12. TERMINATION

+The License shall automatically terminate if Licensee materially breaches 

+this Agreement. Upon termination of the License, Licensee shall cease all 

+use of the Software and shall destroy all copies of the Software within 

+the possession or control of Licensee and shall return the original Soft-

+ware and Documentation, if any, to NoMachine.

+

+13. EXPORT LAWS

+Licensee shall not export, disclose or distribute any Software in violation 

+of any applicable laws or regulations, including the export laws and 

+regulations of Luxembourg, and shall comply with all such laws and regulations.

+

+14. CONSTRUCTION

+In the construction and interpretation of this Agreement, no rule of strict 

+construction shall apply against either party.

+

+15. SEVERABILITY

+If any provision in this Agreement is invalid or unenforceable or contrary to 

+applicable law, such provision shall be construed, limited, or altered, as 

+necessary, to eliminate the invalidity or unenforceability or the conflict 

+with applicable law, and all other provisions of this Agreement

+shall remain in effect.

+

+16. H.264/AVC NOTICE

+THIS PRODUCT IS LICENSED UNDER THE AVC PATENT PORTFOLIO LICENSE FOR THE 

+PERSONAL USE OF A CONSUMER OR OTHER USES IN WHICH IT DOES NOT RECEIVE

+REMUNERATION TO (i) ENCODE VIDEO IN COMPLIANCE WITH THE AVC STANDARD 

+("AVC VIDEO") AND/OR (ii) DECODE AVC VIDEO THAT WAS ENCODED BY A CONSUMER 

+ENGAGED IN A PERSONAL ACTIVITY AND/OR WAS OBTAINED FROM A VIDEO PROVIDER

+LICENSED TO PROVIDE AVC VIDEO. NO LICENSE IS GRANTED OR SHALL BE IMPLIED 

+FOR ANY OTHER USE. ADDITIONAL AVC PATENT PORTFOLIO LICENSE INFORMATION 

+MAY BE OBTAINED FROM MPEG LA, L.L.C. SEE HTTP://WWW.MPEGLA.COM

+

+NoMachine's End User License Agreement is subject to revisions. Please see 

+http://www.nomachine.com/ for any updates.

+

+

+

+ACKNOWLEDGEMENTS

+

+NoMachine Software contains Open Source software for which this

+EULA does not apply. Such software, which are subject to other terms and

+conditions, are listed together with their original copyright statements

+and license terms in the "credits" file accompanying this Software.

+

+

+Certain components of the NoMachine Software have been released by

+NoMachine under an open source license. Such components are listed in the 

+"credits" file and must be used in accordance with the applicable open source 

+license terms and conditions.

+

+In accordance with Open Source Software license terms, NoMachine makes

+available the corresponding source files at: 

+

+http://www.nomachine.com/opensource

+

+

+For those components not eventually available for download, upon request

+NoMachine will deliver all the relative third-party source code, consistent 

+with the licensing terms of the original software, and documentation at the 

+cost of the postage charges incurred.