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authorV3n3RiX <venerix@redcorelinux.org>2017-10-09 18:53:29 +0100
committerV3n3RiX <venerix@redcorelinux.org>2017-10-09 18:53:29 +0100
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+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.