NComputing vSpace with X-series Devices User Manual
END USER LICENSE AGREEMENT
for NComputing vSpace® with
X-series Devices
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® VSPACE®
SOFTWARE AND/OR LICENSED DEVICES IN ANY WAY. BY CLICKING ON THE “ACCEPT” BUTTON
PRESENTED IN CONNECTION WITH THIS EULA, OR BY INSTALLING OR USING THE NCOMPUTING®
VSPACE® SOFTWARE AND/OR LICENSED DEVICES, 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® SOFTWARE AND/OR LICENSED DEVICES, AND IMMEDIATELY DELETE THE NCOMPUTING®
VSPACE® 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®
SOFTWARE AND/OR LICENSED DEVICES.
1. OVERVIEW. The terms and conditions set forth in this EULA apply to the NComputing®
vSpace® desktop virtualization software (the “Software”). This EULA supersedes all other
licensing terms for the Software. Updates to the 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.
The Software is licensed on both a per Licensed Device and per Licensed Computer basis. The
Licensed Device connected to a user session is not equivalent to a personal computer and is
not compatible with all personal computer applications including software and/or peripherals.
Licensed Devices cannot be operated as independent computers; they must be connected
to a host computer. Since the Licensed Devices share the Licensed Computer’s resources, the
Licensed Devices display performance may decrease if the Licensed Computer’s processor(s)
or other resources become overloaded as more Licensed Devices are attached to the Licensed
Computer or by users running resource intensive applications.
2. DEFINITIONS. The following denitions will be used throughout this EULA:
a. “Software” means the NComputing vSpace desktop virtualization software.
b. “Licensed Device” means a genuine NComputing X-series PCI card or access device.
c. “Licensed Computer” means a physical machine running a licensed operating system on
which the Software is installed that hosts one or more user sessions to which one or more
Licensed Devices connect.
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 Software from NComputing or its authorized sources.
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3. INSTALLATION AND USE LICENSE. Subject to the terms and conditions set forth in this EULA
and conditional upon your compliance therewith, NComputing grants to you a limited, nonexclusive license to use the Software on a Licensed Computer with a Licensed Device. To use
the Software under a license, you must assign that license to a Licensed Computer in which you
have installed your X-series PCI card that is associated with this license. You assign the Software
to the Licensed Computer via the NComputing registration process.
a. Installation of Software on Licensed Computer. You may install one copy of the
Software on one Licensed Computer. You may then connect up to the maximum number of
supported Licensed Devices dened for this license type to this Licensed Computer. Except
as provided in the Storage and Host Computer Upgrade sections below, you may not use
the Software on any other computer.
b. Connection of Licensed Devices. You may directly connect the X-series access device(s)
associated with this license to the X-series PCI card installed in the Licensed Computer.
c. Microsoft Windows Licenses. You are licensed by NComputing to use the vSpace
Software under the terms of the EULA. You must also acquire the appropriate number
of Windows Server licenses and Client Access Licenses for each device or user accessing
Windows Server software. You cannot use the vSpace Software with Windows Client
software (i.e., Windows Vista, Windows 7) unless a single user and no other user accesses
the same Windows Client software at any one time, or you are authorized to do so under an
applicable license from Microsoft or as expressly set forth below (see “Microsoft Windows
Server to Windows XP License Rights”). In all cases, your rights and obligations with respect
to the use of vSpace Software with Windows Server software and Windows Client software
are dened by both the NComputing vSpace Software EULA and the applicable Microsoft
Software License Agreement or EULA.
4. ADDITIONAL LICENSING REQUIREMENTS AND/OR USE RIGHTS.
a. Storage. You may store one copy of the Software on a storage device, such as a network
server. You may use that copy to install the Software on any other computer to which a
license has been assigned.
b. Microsoft Windows Server to Windows XP License Rights. If you have licensed the
appropriate number of Windows Server operating system and associated Client Access
Licenses for simultaneous access by multiple users to the Licensed Computer, you may
install and run the Software on a separately licensed Windows XP Client operating system
for simultaneous access by multiple users in lieu of the Windows Server operating system.
You may only install and use either the Windows Server operating system software or
the Windows XP Client operating system software but not both. This paragraph provides
supplemental rights to, and does not limit your existing rights and obligations under,
applicable Microsoft Software License Agreements or EULAs. Microsoft does not provide
any support for the Software or for the Windows XP Client operating system in this
conguration; you should seek support from NComputing for issues relating to the Software
and its use with the Windows XP Client operating system.
5. LICENSE RESTRICTIONS. Unless applicable law gives You more rights despite the limitations
in this EULA, You may use the Software only as expressly permitted herein. You must comply
with any technical limitations in the Software that only allow you to use it in certain ways. You
may connect the Licensed Computer on which the Software is installed to up to the maximum
number of Client Devices permitted by NComputing in the documentation accompanying the
Software. Furthermore, you may not:
• use the 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 Software on any devices other than a Licensed Computer;
• connect the Licensed Computer on which the Software is installed to more than the
maximum number of Client Devices permitted by NComputing in the applicable
documentation;
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• 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 Software, including without limitation any such mechanism used to
restrict or control the functionality of the Software, or (ii) to derive the source code or the
underlying ideas, algorithms, structure or organization from the 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 Software than expressly permitted in this EULA;
• publish the Software for others to copy; or
• rent, lease, distribute, lend, sublicense, modify or create derivative works based on the
Software or any part thereof, or grant to any third party any rights in the Software and its
accompanying documentation, or any modications of any of the foregoing, without the
prior written consent of NComputing.
6. OWNERSHIP. The Software is licensed, not sold. NComputing reserves all rights not expressly
granted herein. All intellectual property rights in and to the 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.
7. REASSIGNMENT OF THE SOFTWARE. You may reassign your copy of the Software to a new or
upgraded Licensed Computer, provided that you rst uninstall the Software from the original
Licensed Computer on which it was previously installed and assigned to and then register
and reassign your copy of the Software to the new Licensed Computer via the NComputing
registration process. You may reassign your copy of the Software in this manner no more than
two (2) times.
8. SCOPE OF LICENSE. The Software is licensed, not sold. This EULA only gives you some rights
to use the Software. NComputing reserves all other rights. The rights granted to you under this
EULA are conditional upon your compliance with the terms and conditions set forth herein.
Unless applicable law gives you more rights despite the limitations in this EULA, you may use
the Software only as expressly permitted in this EULA. In doing so, you must comply with any
technical limitations in the Software that only allow you to use it in certain ways. All intellectual
property rights in and to the Software and the Licensed Device(s), 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. You may not work around any technical
limitations in the Software; reverse engineer, decompile or disassemble the Software; make
more copies of the Software than specied in this EULA; publish the Software for others to
copy; or display, disclose, rent, lease, distribute, lend or create derivative works based on the
Software or any part thereof.
You as the initial end user of the Software may make a one-time permanent License transfer
to another third-party end user. The transfer may not be an indirect transfer, such as a
consignment. If you transfer the Software, you must uninstall it from the Licensed Computer,
transfer all copies, including backups and originals, or destroy all copies not transferred. The
recipient of this transfer must agree to comply with the terms of this EULA, including the
obligation not to further transfer the Software.
9. REQUIREMENTS FOR ADDITIONAL THIRD PARTY SOFTWARE LICENSES. Additional
operating system, application software, and/or access licenses may be required for some
operating systems and software applications to be used with the Software. Refer to Paragraphs
2.c and 3.b above and check each of your end user software license agreements to determine
if additional licenses are required. NComputing is under no obligation to advise, consult
or otherwise provide guidance to you regarding 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 use of the Software or any other third
party software.
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