End-User License Agreement
Medialogic - Rome - Italy
NoMachine Products License
Copyright (c) 2002-2012 Medialogic. All Rights Reserved.
This is a legal agreement ("Agreement") between you, the "Licensee",
and Medialogic S.p.A ("NoMachine"), owner and titleholder of all copy-
rights, intellectual property and trademarks of the NoMachine Soft-
ware.
Notice to User:
This NoMachine Software Technology License Agreement ("License Agree
ment") covers your use of NoMachine Software and NoMachine Preview
Software ("Preview Software") collectively herein "NoMachine Software"
that accompanies this License Agreement and related software components,
which may include associated media, printed materials, and "online"
or electronic documentation. All such software and materials made
available with this License Agreement are referred to herein as
"Software." If you do not agree to the terms of this License Agree-
ment, 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.
Preview Software Disclaimer
The SOFTWARE LICENSED HEREUNDER FOR A LIMITED PERIOD OF 60 DAYS
IS BELIEVED TO CONTAIN DEFECTS. THE PRIMARY PURPOSE OF THIS PREVIEW
SOFTWARE LICENSE IS TO OBTAIN FEEDBACK ON SOFTWARE PERFORMANCE AND THE
IDENTIFICATION OF DEFECTS. THE NoMachine SOFTWARE, THE DOCUMENTATION,
AND ANY UPDATES ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND,
WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE. NOMACHINE AND ITS
SUPPLIERS SPECIFICALLY DISCLAIM ALL IMPLIED WARRANTIES OF MERCHANT-
ABILITY, NON-INFRINGEMENT, AND FITNESS FOR A PARTICULAR PURPOSE.
LICENSEE IS ADVISED TO SAFEGUARD IMPORTANT DATA, TO USE CAUTION AND
NOT TO RELY IN ANY WAY ON THE CORRECT FUNCTIONING OR PERFORMANCE OF
THE SOFTWARE AND/OR ACCOMPANYING MATERIALS.
Preview Software Support and Technical Assistance
NoMachine is under no obligation to provide technical support under the
terms of this EULA, and provides no assurance that any specific errors
or discrepancies in the NoMachine Software will be corrected. In the event
NoMachine, in its sole discretion, supplies any Updates to Licensee, such
Updates shall be deemed NoMachine Software hereunder and shall be subject
to the terms and conditions of this Agreement.
Feedback and Use
The purpose of this limited license is the testing and evaluation of the
Preview Software and Documentation. In furtherance of this purpose,
Licensee shall provide feedback to NoMachine concerning the functionality
and performance of the Preview Software from time to time, including,
without limitation, identifying potential errors and improvements. Feed-
back and other information which is provided by Licensee to NoMachine in
connection with the Preview Software or this Agreement may be used by
NoMachine to improve or enhance its products and, accordingly, NoMachine
shall have a non-exclusive, perpetual, irrevocable, royalty-free, worldwide
right and license to use, reproduce, disclose, sublicense, distribute,
modify, and otherwise exploit such feedback and information without
restriction.
Intellectual Properties
The Software and any authorized copies that Licensee makes are the
intellectual property of, and are owned by NoMachine. NoMachine Software
includes three categories of computer programs:
Commercial Software, Open Source Software developed by NoMachine and
Third Party Software. NoMachine owns the copyrights and intellectual
property in and to each item of NoMachine Commercial Software and
Open Source Software.
1.Definitions.
"Permitted Number" means one (1) unless indicated 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 above. 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.
NoMachine Software includes three categories of computer programs:
Commercial Software developed by NoMachine, Open Source Software developed
by NoMachine, Third Party Software. The term "Software" is used
to mean any or all of the Commercial, Open Source, and Third Party Software,
and (i) NoMachine information and computer programs and any other add-on
products developed and distributed by NoMachine under this Agreement,
including license files, if any; (ii) images, sounds, clip art and other
artistic works ("Media") bundled with NoMachine software and not obtained
from NoMachine through a separate service; (iii) related explanatory writ-
ten materials and files ("Documentation"); and (iv) fonts; and (v) any
modified versions and copies of, and upgrades, updates and additions to,
such information, provided to you by NoMachine at any time, to the extent
not provided under a separate agreement (collectively "Updates").
"Third-Party Software". Some of the Software Programs included in the
Software are distributed under the terms of agreements with third parties
("Third Party Agreements") which may expand or limit your rights
to use certain Software Programs as set forth in Sections 2, 3 and 4.
Certain Software Programs may be licensed (or sublicensed) under the GNU
General Public License and other similar Open Source License Agreements
("OSLAs") which, among other rights, permit the copying, modification and
redistribution of certain Software Programs, or portions thereof, and give
access to the source code of certain Software Programs, or portions thereof.
In addition, certain Software Programs, or portions thereof, may be licensed
(or sublicensed) under terms stricter than those set forth herein.
"Computer" means one or more central processing units ("CPU") in a hard-
ware device (including a server) that accepts information in digital or
similar form and manipulates it for a specific result based on a sequence
of instructions.
2. GRANT OF LICENSE AND TERMS OF USE
2.1 Subject to your compliance with the terms and conditions of this
Agreement, including the restrictions in Section 2, NoMachine and its
authorized suppliers grant you a nonexclusive and nontransferable license
to install and use the Software on a compatible Computer in the
manner and for the purposes described in the Documentation as follows:
(a) General Use. You may install and use the Permitted Number of copies
of the Software on a compatible Computer.
(b) Distribution: Redistribution of all commercial Software developed by
NoMachine, including NoMachine Player, is 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
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. 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 or Reverse Engineering. 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 fore-
going restriction is expressly prohibited by applicable law. Notwithstanding
the foregoing, this Agreement shall not prevent or restrict you from exer-
cising additional or different rights to any free, open source code, documen-
tation and materials contained in or provided with the NX 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 DAMAMAGES, 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 Italy with-
out 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 in Rome state courts.
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 regu-
lations of Italy, 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.
NoMachine's End User License Agreement is subject to revisions. Please see
http://www.nomachine.com/ for any updates.
ACKNOWLEDGEMENTS
NoMachine complies with OSLAs requiring that sources are made public by
offering complete source code of the modifications on demand. Please write
to support@nomachine.com to obtain your copy.
Open Source NoMachine Software
Open Source NoMachine Software consists of packages developed by NoMachine
for inclusion in the Software. NoMachine Open Source software packages and
modifications to existing Open Source packages are released by NoMachine
under the terms of the GNU Public License version 2 or other OSLA. The lic-
ense governs the software and the copying, distribution, modification, and
use of the software. Source code of the Open Source software packages is
included and distributed to Licensee, consistent with the requirements of
the license agreement. Open Source Software developed by NoMachine is owned
by NoMachine and distributed by NoMachine to Licensee for use by Licensee.
NoMachine releases as Open Source software the following packages:
- nxaudio
- nxesd
- nxsensor
- nxspool
- nxssh
- nxsftp-server
- nxssh-add
- nxssh-agent
- nxsshd
- nxssh-keygen
- nxlsa
- nxsh
-----------------------------------------------------------------------
This software includes software developed by the Independent JPEG Group.
jpeglib JPEG library.
[Copyright (C) 1991-1998, Thomas G. Lane, http://www.ijg.org/]
-----------------------------------------------------------------------
This software includes QT software developed by Nokia.
QT - GNU Lesser General Public [Qt LGPL v.2.1, http://qt.nokia.com/]
-----------------------------------------------------------------------
This software also includes tools or programs:
- ESD [GPL, http://www.tux.org/~ricdude/EsounD.html]
- GKrellM [GPL, http://www.gkrellm.net/]
- SAMBA [GPL, http://www.samba.net/]
- FFMPEG [LGPL v. 2.1, http://ffmpeg.org/]
- Apache [Apache License, v. 2.0, http://www.apache.org/]
- Soundflower [GPL v. 2, http://code.google.com/p/soundflower/]
This software also contains parts of code or is linked to the following
libraries:
- OpenSSH [OpenSSH License, http://www.openssh.org/]
- OpenSSL [OpenSSL License, http://www.openssl.org/ ]
- Expat [Expat License, http://www.libexpat.org/]
- FreeType [FreeType License, http://www.freetype.org/]
- fontconfig [fontconfig License, http://fontconfig.org/]
- libalsa [ LGPL v. 2.1, www.alsa-project.org/]
- PortAudio [PortAudio License, http://www.portaudio.com/]
- netcat [GPL v.2, http://nc110.sourceforge.net/]
- CUPS [GPL, http://www.cups.org/]
- SQLite [SQLite License, http://www.sqlite.org/]
- GD [GD License, http://www.libgd.org/]
- PulseAudio [LGPL 2.1+, http://www.pulseaudio.org/
The Third Party Agreements, related online documentation, source code, and
other information about such Software Programs are available at the relevant
websites. 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.
You acknowledge that you have read, understood and agreed to the terms and
conditions of each such Third Party Agreement. To the extent any Third Party
Agreements require that Licensor provide rights to use, copy or modify a
Software Program that are broader than the rights granted in Section 2,
then such rights shall take precedence over the rights and restrictions
granted in this Agreement solely for such Software Programs.