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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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