NComputing N-series Thin Client Firmware Installation Guide
END USER LICENSE AGREEMENT
FOR N-SERIES THIN CLIENT FIRMWARE
IMPORTANT - READ THIS CAREFULLY:
THIS IS A LEGAL AGREEMENT BETWEEN YOU AND NCOMPUTING CO., LTD. (“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® N-SERIES
THIN CLIENT FIRMWARE IN ANY WAY. BY CLICKING ON THE “ACCEPT” BUTTON PRESENTED IN
CONNECTION WITH THIS EULA, OR BY INSTALLING OR USING THE NCOMPUTING® N-SERIES THIN
CLIENT FIRMWARE, 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, AND DISCONTINUE ALL USE OF THE NCOMPUTING® N-SERIES THIN CLIENT ON
WHICH THIS NCOMPUTING® N-SERIES THIN CLIENT FIRMWARE IS INSTALLED. BY DOING SO YOU
FOREGO ANY IMPLIED OR STATED RIGHTS TO INSTALL OR USE THE NCOMPUTING® N-SERIES THIN
CLIENT FIRMWARE.
1. OVERVIEW. The terms and conditions set forth in this EULA apply to the NComputing®
N-Series Thin Client Firmware (the “Firmware”) bundling the Citrix Systems™ Receiver™
enabling connection to the Citrix™ product(s) with which such NComputing® N-Series Thin
Client will be used. This EULA supersedes all other licensing terms for the Firmware. Updates to
the Management Center 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 Firmware does not enable you to connect to Server Software (as
dened below) without purchase of the License Keys (as dened below) that may be required
by Citrix™ to enable access to the Server Software.
2. DEFINITIONS. For the purposes of this EULA, The following terms shall have the following
meanings:
a. “Licensed Server” means a physical or virtual machine on which the Server Software is
installed and with which one or more Thin Clients may connect.
b. “License Key” means a license key that you must purchase from Citrix™ to enable access and
connection to the Server Software from a Thin Client.
c. “Open Source Software” means any software or software component, module or package
that contains, or is derived in any manner (in whole or in part) from, any software that
is distributed as free software, open source software or similar licensing or distribution
models, including, without limitation, software licensed or distributed under any of the
following licenses or distribution models, or licenses or distribution models similar to any
of the following: (a) GNU’s General Public License (GPL) or Lesser/Library GPL (LGPL); (b) the
Artistic License (e.g., PERL); (c) the Mozilla Public License; (d) the BSD License; and (e) the
Apache License.
d. “Thin Client” means an NComputing N-series device on which the Firmware is installed.
e. “Server Software” means the Citrix™ server software product(s) with which a Thin Client will
connect.
f. “You” or “you” means the company, entity or individual who enters into this EULA and has
rightfully acquired the Thin Client on which the Firmware is installed.
3. INSTALLATION AND USE LICENSE. Subject to the terms and conditions set forth in this EULA
and conditional upon your compliance therewith, NComputing grants You a limited, nonexclusive license to (i) download, install and use the Firmware solely on Thin Clients in order
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to connect to a user session running on the Server Software installed on a Licensed Server;
and (ii) make copies of the Firmware as reasonably necessary for such use, provided that You
reproduce, unaltered, all proprietary notices on or in the copies.
4. LICENSE RESTRICTIONS. Unless applicable law gives You more rights despite the limitations
in this EULA, You may use the Firmware only as expressly permitted herein. You must comply
with any technical limitations in the Firmware that only allow you to use it in certain ways.
Furthermore, you may not:
• use the Firmware on any devices or products other than those that you or your business
organization own or have a valid legal right to use;
• use the Firmware on any devices other than Thin Clients;
• use the Firmware to connect to any software other than the Server Software;
• modify, translate, reverse engineer, decompile, disassemble or otherwise attempt (i) to
defeat, avoid, bypass, remove, deactivate, or otherwise circumvent any software protection
mechanisms in the Firmware, including without limitation any such mechanism used to
restrict or control the functionality of the Firmware, or (ii) to derive the source code or the
underlying ideas, algorithms, structure or organization from the Firmware (except that the
foregoing limitation does not apply to the extent that such activities may not be prohibited
under applicable law); or
• make more copies of the Firmware than expressly permitted in this EULA;
• publish the Firmware for others to copy; or
• rent, lease, distribute, lend, sublicense, modify or create derivative works based on the
Firmware or any part thereof, or grant to any third party any rights in the Firmware and its
accompanying documentation, or any modications of any of the foregoing, without the
prior written consent of NComputing.
5. OWNERSHIP. The Firmware is licensed, not sold. NComputing reserves all rights not expressly
granted herein. All intellectual property rights in and to the Firmware, including without
limitation, all patents, copyrights, trademark, trade secret and other proprietary rights of any
kind, remain solely the property of NComputing or its licensors.
6. ADDITIONAL THIRD PARTY SOFTWARE REQUIRED. To enable the Thin Client on which the
Firmware is installed to connect to the Server Software, you must obtain (i) the appropriate
number of License Keys from Citrix™; and (ii) applicable Windows Server and client access
licenses for each Thin Client or user accessing Microsoft Windows Server software. NComputing
is under no obligation to advise, consult or otherwise provide guidance to you regarding any
third-party software licensing. You shall indemnify and hold NComputing and its distributors
harmless from any and all claims, damages, costs, liabilities, etc. arising from your improper or
unauthorized use of the Server Software, Microsoft Windows Server software, or any other third
party software.
7. THIRD PARTY SOFTWARE PROVIDED WITH THE FIRMWARE. You hereby acknowledge
that the Firmware may be provided to you with third party software and/or rmware
licensed under separate license terms that are dierent from the terms of this EULA (“Third
Party Software”). Such Third Party Software may include, without limitation, rmware
licensed from other commercial entities or Open Source Software. All Third Party Software
provided with the Firmware is identied, along with the license terms applicable thereto,
in the Thin Client documentation, or online at: https://ncomputing.box.com/shared/static/
fhjysoau152oswg4p6xl.pdf. You agree to review any documentation accompanying the Thin
Client or the Firmware in order to determine Third Party Software is provided with the Firmware
and licensed to you under separate license terms. Copyrights and other proprietary rights to
such Third Party Software are held by the copyright holders identied in the applicable Third
Party Software licenses, and all Third Party Software is distributed to you under the applicable
Third Party Software licenses. Solely with respect to any Open Source Software provided with
the Firmware, to the extent that the license terms for such Open Source Software requires that
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NComputing provide You such rights to copy, modify, distribute or otherwise use such Open
Source Software that are inconsistent with the limited rights granted to You in this EULA, then
such rights in the applicable Open Source Software license shall take precedence over the rights
and restrictions granted in this EULA, but solely with respect to such Open Source Software and
solely to the extent of such inconsistency. You acknowledge that all Third Party Software license
terms are solely between you and the applicable licensor of such Third Party Software. You shall
comply with the terms of all applicable Third Party Software licenses.
8. UPDATE SERVICES. NComputing may make use of Internet-based services in the Firmware
(the “Update Services”) to deliver to you Updates (as dened below) and/or notications
in connection with the Firmware. NComputing reserves the right to change its method of
delivering the Update Services at any time. You must not interfere in any way with the Update
Services. NComputing shall not be responsible for any errors in the Firmware that would have
been xed by Updates to the Firmware that NComputing attempted to provide but that were
not applied because of interference with the Update Services.
a. From time to time, NComputing may, at its own discretion, create updates and/or patches
(hereinafter collectively referred to as “Updates”) to the Firmware. Updates may include
support for and compatibility with operating system updates or service packs, bug xes,
and incremental improvements. Updates do NOT include major upgrades to the Firmware,
which may contain major feature additions, support for previously unsupported operating
systems, or support for new hardware products; such major upgrades constitute new
Firmware for which NComputing may charge additional fees and which may or may not be
made available via the Update Services.
b. If available, you may obtain Updates at no additional charge within one (1) year after the
date of your purchase of the Thin Client on which this Firmware is installed.
c. After one year from the date of your purchase the Thin Client on which this Firmware is
installed, NComputing may make further updates available to you for an additional fee per
its Support and Subscription (SnS Terms and Conditions).
d. You may obtain Updates only from NComputing or its authorized sources.
e. The Firmware is designed to be compatible with currently supported operating systems
and server hardware. Notwithstanding the foregoing, NComputing does not warrant and/
or represent that the Firmware will be compatible with any operating systems, applications,
hardware or software, or any updates or upgrades thereto. If you upgrade your Server
Software, operating system, applications, hardware or other software, NComputing will
not be liable for any problems that may occur as a result of an incompatibility between the
Firmware and any such upgraded hardware or software product.
f. You may not use these Update Services in any way that could harm them or impair anyone
else’s use of the Firmware and/or the Update Services. You may not use these Update
Services to try to gain unauthorized access to the Firmware, Server Software, or any other
software, service, data or network.
9. DATA USE RIGHTS. You acknowledge and agree that NComputing may collect and use any
information generated by the Firmware, including, but not limited to, error reports, connection
logs and other reports related to the Firmware and its usage and maintenance, to improve
NComputing’s rmware and services. This information may be collected when you register the
Firmware with, or download it from, NComputing or when you contact us regarding support.
NComputing may also share any such information with Citrix Systems and other third parties,
such as other hardware and software vendors, who may use it to improve their own products
and services.
10. TERM AND TERMINATION. This EULA will remain in eect until terminated. Unauthorized
copying of the Firmware or failure to comply with the terms of this EULA will result in automatic
termination of this EULA and all licenses granted herein, and will make available to NComputing
other legal remedies. This EULA and all licenses granted herein will automatically terminate
if You go into liquidation, suer or make any winding up petition, make an arrangement with
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