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\viewkind4\uc1\pard\cf1\lang1033\b\f0\fs16 END USER LICENSE AGREEMENT\par
\cf0\b0\par
\cf1 This End-User License Agreement ("EULA") is a legal agreement between you
(either an \par
individual or a single entity) and NComputing Co., Ltd. for the software product
that \par
accompanies this EULA, which includes computer software and may include
associated\par
media, printed materials, and "online" or electronic documentation ("Software
Product" or\par
"Software"). \cf0\par
\par
\cf2\b 1. IMPORTANT - READ THIS CAREFULLY:\cf1\b0\par
\cf0 YOU SHOULD CAREFULLY READ THE FOLLOWING TERMS AND CONDITIONS BEFORE \par
OPENING THIS PACKAGE OR INSTALLING THE PROGRAM INTO THE COMPUTER. \par
INSTALLING, COPYING, OR USING THE SOFTWARE CONSTITUTES ACCEPTANCE OF\par
THE TERMS AND CONDITIONS OF THIS EULA AND THAT YOU UNDERSTAND THAT THIS\par
EULA WILL BE LEGALLY BINDING ON YOU, ANY END USER, AND THE COMPANY. IF \par
YOU DO NOT AGREE WITH THE TERMS OF THIS EULA, OR DO NOT WANT THEM TO BE\par
BINDING ON YOU, YOU SHOULD NOT INSTALL THE PROGRAM INTO THE COMPUTER \par
AND PROMPTLY RETURN THE PACKAGE UNOPENED.\par
\par
\par
\cf2\b 2. Ownership and Copyright, \'a9 by NComputing Co., Ltd. and
Licensors.\cf1\b0\par
\cf0 It is hereby understood and agreed that NComputing Co., Ltd. (\ldblquote
NComputing\rdblquote ) is the \par
owner of all rights, title and interest to the Software Product recorded on the
\par
enclosed disk/CD-ROM and all subsequent copies thereof, regardless of the media\par
or form in which the original disk or copies may exist. You, as licensee
("Licensee")\par
through your purchase of this Software Product do not acquire any ownership
rights\par
to the Software Product. NComputing reserves all rights not expressly granted to
you\par
in this EULA. \par
\par
This EULA does not grant you any rights to trademarks or service marks of
NComputing. \par
All title, copyright, and other intellectual property rights in and to the Software
Product\par
(including but not limited to any images, photographs, animations, video, audio,
music,\par
text, and "applets" incorporated into the Software Product), the accompanying
printed\par
materials, and any copies of the Software Product are owned by NComputing. The \par
Software Product is protected by copyright laws and international treaty
provisions. \par
Therefore, you must treat the Software Product like any other copyrighted material.
\par
You may not copy the printed materials accompanying the Software Product.\par
\par
\cf2\b 3. Grant of License\par
\cf0\b0 This EULA grants you the following rights:\par
The Software Product is licensed, not sold. Licensee may install and use only one
copy\par
of the Software on a single computer at one time. In addition, Licensee may use
the \par
Software from other stations that are attached to the single computer, using the
certified\par
NComputing hardware. Licensee may make a backup of this Software for archival \par
purposes. Except for backup, Licensee may not copy, modify, adapt, translate,
reverse\par
engineer, decompile, disassemble or in any way attempt to discover the source code
or\par
create derivative works based on any portion of the Software. Licensee may not
rent, \par
lease or lend this Software to any person or entity. Licensee may transfer the
Software\par
and this Agreement to another person if that person agrees to accept all terms
and \par
conditions of this Agreement. If Licensee transfers the Software, Licensee must
transfer\par
all copies, including backups and originals, or destroy all copies not
transferred.\par
\par
\par
\cf2\b 4. Term\cf1\b0\par
\cf0 The license granted in this EULA is effective until terminated. Licensee may
terminate it \par
at any time by destroying the Software Product together with all copies thereof.
This\par
license will terminate upon conditions set forth elsewhere within this EULA or if
Licensee\par
fails to comply with any term or condition of this EULA. In such event, no notice
shall be\par
required by NComputing to effect such termination. Upon termination of this
Agreement,\par
Licensee agrees to destroy the Software Product together with all components,
backup\par
copies, modifications, printed or written materials, and merged portions in any
form, or\par
return same to NComputing at Licensee's expense.\par
\par
\par
\cf2\b 5. Limited Warranty\par
\cf0\b0 NComputing warrants that the media on which the Software is recorded is
free from \par
defects. NComputing warrants that the Software will perform substantially in
accordance\par
with the accompanying materials. This Warranty is valid for a period of ninety
(90) days\par
from the date of receipt by the end user customer. NComputing's and its suppliers'
entire\par
liability and your exclusive remedy for any breach of this Limited Warranty or for
any \par
other breach of this EULA or for any other liability relating to the Software shall
be, at\par
NComputing's option from time to time exercised subject to applicable law, \par
(a) return of the amount paid for the Software, or \par
(b) repair or replacement of the Software on the condition that it is reurned to
NComputing \par
with a copy of your receipt. You will receive the remedy elected by NComputing
without \par
charge, except that you are responsible for any expenses you may incur (e.g. cost
of \par
shipping the Software to NComputing).\par
\par
This warranty does not apply to defects resulting from unauthorized
modifications,\par
misuse, abuse, or operation for purposes other than the intended use. In
particular, this\par
warranty does not cover defects resulting from upgrades or installation of new \par
software, or electrical conditions such as those caused by lightning strikes,
water\par
damage, fire, power fluctuations, electrical surges or outages or any other such
\par
condition that may occur in the electricity source. NComputing shall not be
responsible\par
for warranty service should the manufacturer's logo, rating label or serial number
be \par
removed or should the product fail to be properly maintained or fail to function
properly\par
as a result of misuse, abuse, improper installation, neglect or improper shipping
or \par
storage. NComputing shall not be responsible for damage due to fire, flood, faulty
\par
electrical currents, maritime disasters or acts of war.\par
\par
\par
\cf2\b 6. DISCLAIMER OF WARRANTIES. \par
\cf0\b0 The Limited Warranty above is the only express warranty made to you and is
provided in\par
lieu of any other express warranties or similar obligations created by any other
\par
communications. \par
\par
THE SOFTWARE IS PROVIDED "AS IS," "WITH ALL FAULTS," WITHOUT WARRANTY OF \par
ANY KIND. NComputing AND IT'S SUPPLIERS DISCLAIM ALL WARRANTIES, EXPRESS,\par
IMPLIED OR STATUTORY, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES \par
OF NON-INFRINGEMENT, TITLE, MERCHANTABILITY OR FITNESS FOR A PARTICULAR \par
PURPOSE, OR ANY WARRANTIES ARISING FROM COURSE OF DEALING, COURSE OF\par
PERFORMANCE, OR USAGE OF TRADE. SOME JURISDICTIONS DO NOT ALLOW THE \par
DISCLAIMER OF IMPLEID WARRANTIES, SO THE DISCLAIMER OF IMPLIED WARANTIES\par
ABOVE MAY NOT APPLY TO LICENSEE, IN WHICH CASE THE DURATION OF ANY SUCH\par
IMPLIED WARRANTIES IS LIMITED TO NINETY (90) DAYS FROM THE DATE LICENSEE \par
FIRST INSALLED THE SOFTWARE ON LICENSEE'S COMPUTER; PROVIDED, HOWEVER, \par
THAT LICENSEE'S SOLE REMEDY SHALL IN ANY CASE BE THAT NComputing WILL,\par
AT ITS OPTION, REPAIR OR REPLACE LICENSEE'S COPY OF THE SOFTWARE, OR \par
TERMINATE THIS LICENSE AGREEMENT AND REFUND AMOUNTS ALREADY PAID\par
THEREFOR BY LICENSEE.\par
\par
Some States, Provinces, or other jurisdictions do not allow for exclusions of
implied \par
warranties or limitations on how long an implied warranty lasts, so the above
exclusion\par
or limitation may not apply to Licensee. Licensee may have other rights which vary
from\par
State to State, Province to Province, or in other jurisdictions. \par
\par
\par
\cf2\b 7. EXCLUSION OF INCIDENTAL, CONSEQUENTIAL AND CERTAIN OTHER DAMAGES. \par
\cf0\b0 REGARDLESS OF WHETHER ANY REMEDY SET FORTH HEREIN FAILS OF ITS
ESSENTIAL\par
PURPOSE OR OTHERWISE, TO THE EXTENT PERMITTED BY THE LAW OF THE \par
JURSIDCTION IN WHICH LICENSEE OBTAINED THIS LICENSE, NComputing AND IT'S \par
SUPPLIERS WILL NOT BE LIABLE FOR ANY INDIRECT, EXEMPLARY, SPECIAL, \par
CONSEQUENTIAL, OR INCIDENTAL DAMAGES OF ANY CHARACTER, INCLUDING BUT\par
NOT LIMITED TO DAMAGES FOR COMPUTER MALFUNCTION, LOSS OF INFORMATION,\par
LOST PROFITS AND BUSINESS INTERRUPTION, AND THE COST TO OBTAIN SUBSTITUTE\par
SOFTWARE, ARISING IN ANY WAY OUT OF THIS AGREEMENT OR THE USE OF (OR\par
INABILITY TO USE) THE SOFTWARE HOWEVER CAUSED AND WHETHER ARISING \par
UNDER A THEORYOF CONTRACT, TORT OR ANY OTHER LEGAL THEORY, EVEN IF\par
NComputing AND IT\rquote S SUPPLIERS WERE ADVISED OF THE POSSIBILITY OF SUCH \par
DAMAGES. IN NO EVENT WILL NComputing\rquote S OR IT'S SUPPLIERS\rquote TOTAL
LIABILITY\par
TO LICENSEE RELATING TO THIS AGREEMENT OR THE USE (OR INABILITY TO USE)\par
THE SOFTWARE EXCEED THE AMOUNT PAID BY LICENSEE TO NComputing OR \par
IT\rquote S SUPPLIERS FOR THIS LICENSE. SOME JURISDICTIONS DO NOT ALLOW THE\par
EXCLUSION OR LIMITATION OF INCIDENTAL, CONSEQUENTIAL OR SPECIAL \par
DAMAGES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO LICENSEE. \par
\par
\par
\cf2\b 8. Requirement of Additional Software\par
\cf0\b0 Additional application software licenses may be required for use of this
Software Product.\par
Check your end user license agreement for each program to determine if
additional\par
licenses are required. Licensee shall indemnify and hold NComputing and its
distributors\par
harmless from any and all claims, damages, costs, liabilities, etc. arising from
Licensee\rquote s\par
improper use of the Software Product or any other third party software.\par
\par
\par
\cf2\b 9. Service\cf1\b0\par
\cf0 To obtain warranty service or out-of-warranty service, Licensee must
contact\par
NComputing, NComputing\rquote s certified hardware manufacturers, or one of
their \par
Authorized Partners and Resellers depending on from whom Licensee purchased\par
the license.\par
\par
\par
\cf2\b 10. Jurisdiction and Disputes\cf1\b0\par
\cf0 This Agreement and the Limited Warranty shall be governed by the laws of
the \par
Republic of Korea, without regard to its conflicts of law provisions. All
disputes\par
hereunder shall be resolved in the courts of the Republic of Korea. The parties
\par
consent to the jurisdiction of such courts, agree to accept service of process
by\par
mail, and waive any jurisdictional or venue defenses otherwise available.\par
\par
\par
\cf2\b 11. Integration\par
\cf0\b0 This Agreement constitutes the entire understanding of the parties, and
revokes\par
and supersedes all prior agreements, oral or written, between the parties, and
is\par
intended as a final expression of their Agreement. It shall not be modified or \par
amended except in writing signed by the parties hereto and specifically
referring\par
to this Agreement. This Agreement shall take precedence over any other \par
documents that may be in conflict herewith. \par
\par
\par
\cf1 LICENSEE HEREBY ACKNOWLEDGES THAT IT HAS READ THIS AGREEMENT,\par
UNDERSTANDS IT AND AGREES TO BE BOUND BY ITS TERMS AND CONDITIONS.\cf0\par
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