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diff --git a/licenses/nomachine b/licenses/nomachine new file mode 100644 index 000000000000..ef9f166e813f --- /dev/null +++ b/licenses/nomachine @@ -0,0 +1,313 @@ +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. |