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VNC END USER LICENSE AGREEMENT
IN ORDER TO INSTALL ANY PART OF THE SOFTWARE (AS DEFINED BELOW),
AND/OR TO RETAIN THE SERVICES OF REALVNC, YOU MUST FIRST ACCEPT
THE TERMS AND CONDITIONS OF THIS AGREEMENT. BY USING ALL OR ANY
PORTION OF THE SOFTWARE YOU ACCEPT ALL THE TERMS AND CONDITIONS
OF THIS AGREEMENT. YOU AGREE THAT THIS AGREEMENT IS ENFORCEABLE
LIKE ANY WRITTEN NEGOTIATED AGREEMENT SIGNED BY YOU. IF YOU DO
NOT AGREE THEN DO NOT INSTALL OR USE ANY PART OF THE SOFTWARE. BY
INSTALLING ANY UPDATED VERSION OF THE SOFTWARE WHICH MAY BE MADE
AVAILABLE, YOU ACCEPT THAT THE TERMS OF THIS AGREEMENT APPLY TO
SUCH UPDATED SOFTWARE. REALVNC LIMITED ("REALVNC") MAY MODIFY
THESE TERMS AND CONDITIONS AT ANY TIME. BY INSTALLING ANY UPDATED
VERSION OF THE SOFTWARE WHICH MAY BE MADE AVAILABLE, YOU ACCEPT
THAT THE MODIFIED TERMS OF THIS AGREEMENT APPLY TO SUCH UPDATED
SOFTWARE.
1. IN THIS AGREEMENT
"Deployment Software" means VNC Deployment Tool available
from the Website including documentation, updates, modified
versions and copies of the Deployment Software.
"Desktop" means a graphical user interface, whether accessible
via a console attached to the Host, via the Software, or by
any similar means.
"Enterprise License Key" means a License Key enabling enhanced
functionality as described on the Website.
"Free License Key" means a License Key enabling basic
functionality as described on the Website.
"Host" means the computer on which the Software is to be
installed.
"License Key" means a code obtained from RealVNC which enables
the Software to be used.
"Personal License Key" means a License Key enabling enhanced
functionality as described on the Website.
"Server Software" means VNC Version 5.0 or later of the
programs available from the Website, including documentation,
updates, modified versions and copies of the Server Software.
"Viewer Software" means VNC Version 5.0 or later of the
programs available from the Website including documentation,
updates, modified versions and copies of the Viewer Software.
"Services" means the support services set out in clause 5.
"Software" means the Server Software and/or the Viewer
Software and/or the Deployment Software.
"Website" means http://www.realvnc.com.
2. LIMITED TRIAL PERIOD
The Software can be evaluated for a limited trial non
exclusive license period as set out in the Website. It will
perform for only a limited period of time. THE LIMITED TRIAL
SOFTWARE IS PROVIDED "AS IS" AND WITHOUT ANY WARRANTY OR
LIABILITY ON REALVNC'S PART TO YOU WHATSOEVER.
3. INTELLECTUAL PROPERTY RIGHTS
3.1 The Software, its structure and algorithms, and the
Information provided with the software or available on the
Website are protected by copyright and other intellectual
property laws, and all intellectual property rights in
them belong to RealVNC or are licensed to it. You may not
reproduce, publish, transmit, modify, create derivative
works from, or publicly display the Software or any part of
it. Copying or storing or using the Software other than as
permitted in Clause 4 is expressly prohibited unless you
obtain prior written permission from RealVNC.
4. PERMITTED AND PROHIBITED USES
4.1 You require a License Key for each Desktop that is to be made
accessible using the Server Software.
4.2 During the term of this Agreement and as long as you
comply with the terms of this agreement, you are granted a
non-exclusive non-transferable non-sublicensable license
to install and use the Server Software on no more than the
number of Desktops for which you have obtained License
Keys. In the case of Free License Key, the Server Software
may only be used for your individual private purposes. In the
case of a Personal License Key or an Enterprise License Key,
the Server Software may additionally be used for the internal
purposes of your business or organisation on Hosts owned by
your business or organisation.
4.3 You may make as many copies of the Server Software as you
require and install the Server Software on your Hosts to
the extent you have License Keys for such copies. You are
expressly prohibited from transferring or distributing the
Server Software in any format, in whole or in part, for sale,
or for commercial use or for any unlawful purpose.
4.4 You may not rent, lease or otherwise transfer the Software
or allow it to be copied except as expressly permitted under
this Agreement. Unless permitted by law, you may not modify,
reverse engineer, decompile or disassemble the Software or
use any of the confidential information of RealVNC contained
in or derived from the Software to develop or market any
software which is substantially similar in its function or
expression to any part of the Software.
4.5 You must treat the Software as RealVNC's confidential
information.
4.6 During the term of this Agreement and as long as you
comply with the terms of this agreement, you are granted a
non-exclusive non-transferable non-sublicensable license to
install and use the Viewer Software for your personal use or
for the internal use of your business or organisation. You
are expressly prohibited from transferring or distributing
the Viewer Software in any format, in whole or in part, for
sale, or for commercial use or for any unlawful purpose.
4.7 The Viewer Software is only warranted and supported to the
extent it is used in conjunction with a licensed copy of
the Server Software or of any other RealVNC Server product
explicitly stated to qualify for use with the Viewer Software.
4.8 During the term of this Agreement and as long as you
comply with the terms of this agreement, you are granted a
non-exclusive non-transferable non-sublicensable license to
install and use the Deployment Software for the internal
purposes of your business or organisation on Hosts owned by
your business or organisation.
4.9 You may make as many copies of the Deployment Software as you
require and use it to install the Server Software on your
Hosts to the extent you have Enterprise License Keys for
such copies. You are expressly prohibited from transferring
or distributing the Deployment Software in any format, in
whole or in part, for sale, or for commercial use or for any
unlawful purpose.
5. SUPPORT SERVICES
5.1 During the term of this Agreement, provided all relevant
Support Fees (as set out in the Website) which are due and
owing have been paid, RealVNC will provide the following
services to you in relation to the Software in accordance
with the terms and conditions of this Agreement.
5.2 Provided you promptly notify RealVNC of any material defect
in the Software (being any corrupt download, or License Key),
RealVNC shall, subject to the following provisions, use its
reasonable endeavours to correct the problem and provide
a corrected version as soon as practicable after being so
notified.
5.3 Updates or improvements to the Software published by RealVNC
shall be made available on the Website.
5.4 The Services do not include the correction of any defects due
to:-
5.4.1 any combination or inclusion of the Software with or in any
computer program, equipment or devices not on the approved
list on the Website;
5.4.2 you not giving RealVNC a sufficiently detailed description
of the defect to enable RealVNC to identify the defect and
to perform the Services;
5.4.3 any improper or unauthorised use or operation of the
Software.
5.5 If a defect cannot be resolved in a reasonable time your
exclusive remedy will be for RealVNC to either, at its sole
option, replace the Software or refund the license fee paid
for the Software.
5.6 The Services shall continue in force for a period of twelve
months from the date of issue of a License Key, and may be
continued by payment of the relevant Support Fees set out in
the Website. The Services are automatically terminated if you
fail to pay the Support fees when due.
6. FEES
6.1 All fees, expenses or other sums payable under this
Agreement are exclusive of any applicable value added tax
or other applicable taxes or duties for which you shall be
additionally liable.
6.2 If any sum payable to RealVNC is not paid within 14 days
after the due date RealVNC may suspend performance of its
obligations and/or charge interest on a daily basis at the
rate of 4% above the Barclays Bank Base Rate from time to
time in force, compounded quarterly, from the date for
payment of that sum to the date of actual payment.
7. LIMITED WARRANTY
7.1 RealVNC warrants to the original licensee that the
Software will perform substantially in accordance with any
documentation provided for it for 90 days from the date of
issue of a License Key when used on Hosts meeting the minimum
hardware and software requirements specified on the Website.
7.2 This limited warranty applies only if any problem is reported
to RealVNC during the above warranty period. It is void if
the failure of the Software is the result of accident, abuse,
misapplication or inappropriate use of the Software or use
with Hosts not meeting the minimum hardware and software
requirements specified on the Website.
7.3 If the Software does not perform according to the above
warranty, then you must make a warranty claim in writing to
RealVNC and your exclusive remedy will be for RealVNC to
either, at its sole option, replace the Software or refund
the license fee paid for the Software.
8. LIMITATION ON LIABILITY
EXCEPT FOR THE EXPRESS WARRANTIES GIVEN IN THIS AGREEMENT, TO
THE EXTENT PERMITTED BY LAW, REALVNC DISCLAIMS ALL WARRANTIES
CONDITIONS OR REPRESENTATIONS ON THE SOFTWARE AND/OR SERVICES,
EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE
IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OF
THIRD PARTY RIGHTS AND FITNESS FOR PARTICULAR PURPOSE.
TO THE EXTENT PERMITTED BY LAW REALVNC SHALL NOT BE LIABLE
FOR ANY DIRECT, CONSEQUENTIAL INDIRECT OR INCIDENTAL LOSS,
COSTS OR DAMAGES WHATSOEVER INCLUDING LOST PROFITS OR SAVINGS
ARISING FROM THE SERVICES, THE USE OF THE SOFTWARE, RELIANCE
ON THE DATA PRODUCED OR INABILITY TO USE THE SOFTWARE, OR
REALVNC'S NEGLIGENCE (INCLUDING LOSS OR DAMAGE TO YOUR (OR ANY
OTHER PERSON'S) DATA OR COMPUTER PROGRAMS) EVEN IF REALVNC HAS
BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. REALVNC'S
LIABILITY UNDER OR IN CONNECTION WITH THIS AGREEMENT SHALL BE
LIMITED TO THE AMOUNT PAID FOR THE SOFTWARE, IF ANY.
NOTHING IN THIS AGREEMENT LIMITS LIABILITY FOR DEATH OR
PERSONAL INJURY ARISING FROM A PARTY'S NEGLIGENCE OR FROM
FRAUDULENT MISREPRESENTATION ON THE PART OF A PARTY.
9. EXPORT CONTROL
The United States and other countries control the export of
Software and information. You are responsible for compliance
with the laws of your local jurisdiction regarding the import,
export or re-export of the Software, and agree to comply with
such restrictions and not to export or re-export the Software
where this is prohibited. By downloading the Software, you are
agreeing that you are not a person or entity to which such
export is prohibited. RealVNC is a Limited company in England
and Wales.
10. TERM AND TERMINATION
10.1 This license shall continue in force unless and until it
is terminated by RealVNC by e-mail notice to you, if it
reasonably believes that you have breached a material term
of this Agreement.
In the case above, you must delete and destroy all copies of
the Software in your possession and control and overwrite
any electronic memory or storage locations containing the
Software.
11. GENERAL TERMS
11.1 The construction, validity and performance of this Agreement
shall be governed in all respects by English law, and the
Parties agree to submit to the non- exclusive jurisdiction
of the English courts.
11.2 If any provision of this agreement is found to be invalid
by any court having competent jurisdiction, the invalidity
of such provision shall not affect the validity of the
remaining provisions of this agreement, which shall remain
in full force and effect.
11.3 Despite anything else contained in this Agreement, neither
party will be liable for any delay in performing its
obligations under this Agreement if that delay is caused
by circumstances beyond its reasonable control (including,
without limitation, any delay caused by an act or omission
of the other party) and the party affected will be entitled
to a reasonable extension of time for the performance of its
obligations.
11.4 No waiver of any term of this agreement shall be deemed a
further or continuing waiver of such term or any other term.
11.5 You may not assign, subcontract, sublicense or otherwise
transfer any of your rights or obligations under this
Agreement. RealVNC may assign all or part of the benefits or
all or part of its obligations under this Agreement to any
affiliated company.
11.6 This agreement constitutes the entire agreement between you
and RealVNC in relation to the provision of the Software or
the Services.
Version 1.0, May 2012