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 Internetbased 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.
d. “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.
e. “You” or “you” means the company, entity or individual who enters into this EULA and has
rightfully acquired the Management Software and the accompanying Management Center
License Key(s).
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, non-exclusive license
to (i) download, install, and use the Management Software on a Licensed Server on which one or
more Management Center License Key has been installed, solely to manage Client Devices and (ii)
make copies of the Management Software as reasonably necessary to exercise the foregoing rights,
provided that You reproduce, unaltered, all proprietary notices on or in any such copies.
4. LICENSE RESTRICTIONS. Unless applicable law gives You more rights despite the limitations in
this EULA, You may use the Management Software only as expressly permitted herein. You must
comply with any technical limitations in the Management Software that only allow you to use it in
certain ways. The Management Software must be used with one or more Management Center
License Keys that are installed via a key code on a Licensed Server. Each unique Management
Center License Key may be installed on up to five (5) Licensed Servers and may not be copied,
reproduced or duplicated onto other systems. Each Management Center License Key installed on a
Licensed Server entitles a fixed number of Client Devices to be managed concurrently by the
Management Software. Additional Management Center License Keys added to a Licensed Server
will automatically sum to enable extending the number of Client Devices that can be concurrently
managed. Furthermore, you may not:
• use the Management Software 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 Management Software on any devices other than Licensed Servers;
• 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 Management Software, including without limitation any
such mechanism used to restrict or control the functionality of the Management Software,
or (ii) to derive the source code or the underlying ideas, algorithms, structure or
organization from the Management Software (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 Management Software or Management Center License Keys
than expressly permitted in this EULA;
• publish the Management Software or Management Center License Keys for others to
copy; or
• 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. All intellectual property rights in and to the Management Software,
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. REINSTALLATION OR TRANSFER OF MANAGEMENT CENTER LICENSE KEY(S). You may
reassign the Management Center License Key(s) from one Licensed Server to an upgraded or
repaired version of the same Licensed Server (e.g. in the event of an operating system reinstallation), or to a new Licensed Server provided that you first uninstall and delete the Management
Software and Management Center License Key(s) from the original Licensed Server. In either case,
if your total number of installed instances for a Management Center License Key has exceeded five
(5), then you must first contact NComputing Technical Support to enable re-use of that Management
Center License Key. You may then install the Management Software and the Management Center
License Key(s) on the upgraded or new Licensed Server and then activate the Management Center
License Key(s) via the key codes provided to you by NComputing during registration process. You
may reassign a Management Server License Key in this manner no more than five (5) times after the
initial five (5) installation instances for that Management Server License Key have been used.
7. THIRD PARTY SOFTWARE. You hereby acknowledge that the Management Software may contain
Open Source Software. All Open Source Software contained in or provided with the Management
Software is identified online, along with the applicable Open Source Software licenses, at:
http://www.ncomputing.com/support/open-source#vSpaceManagementCenter. Copyrights and other
proprietary rights to such Open Source Software are held by the copyright holders identified in the
applicable Open Source Software licenses, and all Open Source Software is distributed to you under
the applicable Open Source Software licenses. To the extent any such Open Source Software
license requires that NComputing provide You such rights to copy, modify, distribute or otherwise use
any 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 the Open Source Software license
is solely between you and the applicable licensor of the Open Source Software. You shall comply
with the terms of all applicable Open Source Software licenses.
8. REGISTRATION AND VALIDATION.
a. NComputing requires that each Management Center License Key be registered and validated
online. Validation of your Management Center License Key in the manner described during
its installation and setup with the applicable key code is required in order for the Management
Software to manage Client Devices. Validation verifies that the Management Center License
Keys have been activated and are properly licensed, and is necessary to use certain features
of the Management Software.
b. The Management Software and Management Center License Keys may, from time to time,
also require re-validation in order to confirm that such Management Center License Keys are
still properly licensed.
Loading...