End-User License Agreement
NoMachine - Luxembourg
NoMachine NX Products License
Copyright (c) 2002-2014 NoMachine S.a.r.l. All Rights Reserved.
Do not install or use NX products until you have read and accepted this Agreement. By installing or using NX products you accept this Agreement.
If you do not agree to the terms of this license, you must not install or use the NoMachine NX products. When applicable you may return NX product you purchased, including all packaging, media, and documentation, to the place of purchase for a refund, provided that the return is made within ten days of the date of purchase.
"Licensee" is the person, company or entity who uses this NX Product. The Licensee must accept and agree to this Agreement before installing or using the NX Product.
2. License of NoMachine NX Product
Subject to the other provisions of this Agreement, NoMachine grants to Licensee a nonexclusive, nontransferable license ("the License") to use the NX Product on a single computer system. Additionally, this product may be installed on more than one computer system in a non-commercial setting. Rights to NoMachine not expressly granted to Licensee in this Agreement are reserved by NoMachine.
3. NX Product The "NX Product" includes the NX Software (NX Client, NX Server, NX Node, NX Server Manager, NX Web Companion, NX Builder) any edition, version, update and add-on software and, depending on the product, a License Certificate.
4. NX Software
The "NX Software" includes three categories of computer programs: Commercial Software developed by NoMachine, Open Source Software developed by NoMachine, Third Party Open Source Software. The term "Software" is used to mean any or all of the Commercial, Open Source, and Third Party Software.
4.1 Commercial NoMachine Software
NoMachine Commercial Software consists of the following computer programs that have been developed by NoMachine:
NoMachine owns the copyrights and intellectual property in and to each item of NoMachine Commercial Software. Redistribution of NX Server software is forbidden without written permission by NoMachine. Redistribution of NX Client software, including commercial Closed Source packages, is allowed, free of charge, for commercial and non-commercial use providing any copyright notices that pertain to the origins of the Software are not altered in any way or removed.
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.
No modification, adaptation, translation of the software is permitted, including modification to the graphical contents, without specific and prior permission from NoMachine.
4.2 Open Source NoMachine Software
Open Source NoMachine Software consists of packages developed by NoMachine for inclusion in NX products. 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. The license 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:
4.3 Third Party Open Source Software
Many 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 Section 2. 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 in Section 2. The Third Party Agreements, related online documentation, source code, and other information about such Software Programs are available at the relevant websites:
- Cygwin [Cygwin License, http://www.cygwin.com/]
- XFree86 [XFree86 License, http://www.xfree.org/]
- X.Org [X.org License, ftp://www.x.org/pub/X11R6.9.0/doc/LICENSE]
- OpenSSH [OpenSSH License, http://www.openssh.org/]
- CUPS [GPL, http://www.cups.org/]
- SAMBA [GPL, http://www.samba.net/]
- ESD [GPL, http://www.tux.org/~ricdude/EsounD.html]
- GKrellM [GPL, http://www.gkrellm.net/]
- SQLite [SQLite License, http://www.sqlite.org/]
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.
Licensed, Not Sold Open Source Software, NoMachine Software and Third Party Software are not sold, but are licensed and distributed to Licensee. Any reference to the purchase or sale of the NX Product means, with respect to the NX Software and Third Party Software, a purchase or sale of the applicable licenses. The license fees for such licenses are included in the NX 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 NX product purchase price. Ownership of copies of Open Source Software, NoMachine Software and Third Party Software is governed by the applicable license agreement.
Maintenance Releases All maintenance releases, fixes, patches, work-around solutions, upgrades, and updates for or to the Open Source Software, NoMachine Software and Third Party Software made available by NoMachine or its distributors, OEMs, VARs or other resellers to Licensee shall be deemed part of the NoMachine Software, Third Party Software or Open Source Software as applicable, and shall be governed by this Agreement and the license agreements referred to herein, unless a different license agreement is provided with or made applicable to such maintenance releases, fixes, patches, work-around solutions, upgrades, and updates.
"Documentation" means the online documentation and printed documentation, if any, provided to Licensee in connection with NX, 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 NoMachine Software shall also apply to Documentation. The Documentation may be used by Licensee, but only in connection with this NX Product.
6. NoMachine Artwork
"NoMachine Artwork" includes the [!M] logo, the NoMachine and NX logos, included icon sets, and other trademarks. NoMachine holds all rights, including the right of distribution, to NoMachine Artwork.
7. Limited Warranty
Media And Documentation. NoMachine warrants that if the NX Product media or printed documentation, if any, provided by NoMachine are in a damaged or physically defective condition when delivered and if they are returned to NoMachine (postage prepaid) within 30 days of the date of purchase, then NoMachine will provide Licensee with replacements at no charge.
NoMachine Software. NoMachine warrants that if the NoMachne Software fails to substantially conform to the specifications in the Documentation or to any other NoMachine Software specifications published by NoMachine and if the nonconformity 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 to Licensee upon a return of the NX Product (including all packaging, media, and documentation) to NoMachine. In the event of a refund, the License shall terminate.
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.
Open Source Software. Pursuant to the various open source licenses there is no warranty applicable to Open Source Software.
8. Disclaimers And Limitations
Disclaimer Of Warranties. NOMACHINE MAKES NO WARRANTY, PROMISE OR REPRESENTATION NOT EXPRESSLY SET FORTH IN THIS AGREEMENT. EXCEPT AS EXPRESSLY WARRANTED HEREIN, THE NX 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 SOFTWARE 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, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. NOMACHINE DOES NOT WARRANT THAT ANY THE 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.
Limitation On Liability. THE AGGREGATE LIABILITY OF NOMACHINE ARISING FROM OR RELATING 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 THIS NX PRODUCT. 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. Because some states/jurisdictions do not allow the exclusion or limitation of liability, the above limitation might not apply.
Responsibility For Decisions. Licensee is responsible for decisions made and actions taken based on the Software.
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.
9. 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.
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 Software, and the fees, terms and conditions applicable there to.
11. 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 in Luxembourg courts. The parties agree and submit to such exclusive jurisdiction and venue.
12. 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.
The License shall automatically terminate if Licensee materially breaches this Agreement. Upon termination of the License, Licensee shall cease all use of the NX Software and shall destroy all copies of the NX Software within the possession or control of Licensee and shall return the original NX Software media and Documentation, if any, to NoMachine.
14. 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.
In the construction and interpretation of this Agreement, no rule of strict construction shall apply against either party.
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