ENTERPRISE EDITION INSTALLER END USER LICENCE AGREEMENT
THIS AGREEMENT CONSISTS OF THREE PARTS:
A. VNC SERVER ENTERPRISE EDITION END USER LICENCE AGREEMENT
B. VNC VIEWER ENTERPRISE EDITION END USER LICENCE AGREEMENT
C. VNC ENTERPRISE EDITION END USER SUPPORT AGREEMENT
PLEASE READ ALL PARTS CAREFULLY. IN ORDER TO INSTALL THE VNC
ENTERPRISE EDITION SOFTWARE ("THE SOFTWARE"), YOU MUST FIRST ACCEPT
THE TERMS AND CONDITIONS OF THESE AGREEMENTS. BY USING ALL OR ANY
PORTION OF THE SOFTWARE YOU ACCEPT ALL THE TERMS AND CONDITIONS OF
THESE AGREEMENTS. IF YOU DO NOT AGREE THEN DO NOT INSTALL 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.
A. VNC SERVER ENTERPRISE EDITION END USER LICENCE AGREEMENT
PLEASE READ THIS AGREEMENT CAREFULLY. IN ORDER TO USE THE VNC SERVER
ENTERPRISE EDITION SOFTWARE ("THE SOFTWARE"), 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. IF YOU DO NOT AGREE THEN DO NOT USE THE SOFTWARE. BY
USING ANY UPDATED VERSION OF THE SOFTWARE WHICH MAY BE MADE AVAILABLE,
YOU ACCEPT THAT THE TERMS OF THIS AGREEMENT APPLY TO SUCH UPDATED
SOFTWARE.
In this Agreement "Host" means the computer on which the Software is
to be installed.
In this Agreement "Desktop" means a graphical user interface, whether
accessible via a console attached to the Host, via the Software, or by
any similar means.
You require a licence key for each Desktop that is to be made
accessible using the Software.
1. Limited trial Period
A version of the Software is available for a limited trial 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 TO YOU WHATSOEVER.
2. Intellectual Property Rights
The Software, its structure and algorithms, and the Information are
protected by copyright and other intellectual property laws, and
all intellectual property rights in them belong to RealVNC Limited
("RealVNC"), or are licensed to it. You may not reproduce,
publish, transmit, modify, create derivative works from, or
publicly display the Software or part thereof. Copying or storing
or using the Software other than as permitted in Clause 3 is
expressly prohibited unless you obtain prior written permission
from RealVNC.
3. Permitted and Prohibited Uses
3.1 During the term of this Agreement and as long as you comply with
the terms of this agreement, you may use the Software only for
your personal use or for the internal use of your business with
the number of Desktops for which you have purchased licence keys.
You may make as many copies of the Software as you require and
install the Software on your Hosts to the extent you have licence
keys for such copies. You are expressly prohibited from
distributing the Software in any format, in whole or in part, for
sale, or for commercial use or for any unlawful purpose.
3.2 You may not rent, lease or otherwise transfer the Software or
allow it to be copied. Unless permitted by law, you may not
reverse engineer, decompile or disassemble the Software.
4. Limited Warranty
4.1 RealVNC warrants to the original licensee that the Software will
perform substantially in accordance with any documentation
provided for it for 90 days following first use when used on Hosts
meeting the minimum hardware and software requirements specified
on the RealVNC website
4.2 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 RealVNC website.
4.3 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 licence fee paid for
the Software.
5. Limitation on Liability
EXCEPT FOR THE EXPRESS WARRANTIES GIVEN IN THIS AGREEMENT, TO THE
EXTENT PERMITTED BY LAW, REALVNC DISCLAIMS ALL WARRANTIES ON THE
SOFTWARE, 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 OR DAMAGES WHATSOEVER
INCLUDING LOST PROFITS OR SAVINGS ARISING OUT OF THE USE OF THE
SOFTWARE, RELIANCE ON THE DATA PRODUCED OR INABILITY TO USE THE
SOFTWARE (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.
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.
6. 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 United Kingdom Limited company.
7. Term and Termination
This licence 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.
8. General Terms
8.1 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.
8.2 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.
8.3 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.
8.4 No waiver of any term of this agreement shall be deemed a further
or continuing waiver of such term or any other term.
8.5 You may not assign, subcontract, sublicense or otherwise transfer
any of your rights or obligations under this Agreement.
8.6 This agreement constitutes the entire agreement between you and
RealVNC.
B. VNC VIEWER ENTERPRISE EDITION END USER LICENCE AGREEMENT
PLEASE READ THIS AGREEMENT CAREFULLY. IN ORDER TO USE THE VNC VIEWER
ENTERPRISE EDITION SOFTWARE ("THE SOFTWARE"), 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. IF YOU DO NOT AGREE THEN DO NOT USE THE SOFTWARE. BY
USING ANY UPDATED VERSION OF THE SOFTWARE WHICH MAY BE MADE AVAILABLE,
YOU ACCEPT THAT THE TERMS OF THIS AGREEMENT APPLY TO SUCH UPDATED
SOFTWARE.
In this Agreement "Host" means the computer on which the Software is
to be installed.
The Software is to be used in conjunction with at least one licensed
copy of VNC Server Enterprise Edition or of any other RealVNC Server
product explicitly stated to qualify for use with the Software ("the
Server").
1. Intellectual Property Rights
The Software, its structure and algorithms, and the Information are
protected by copyright and other intellectual property laws, and
all intellectual property rights in them belong to RealVNC Limited
("RealVNC"), or are licensed to it. You may not reproduce,
publish, transmit, modify, create derivative works from, or
publicly display the Software or part thereof. Copying or storing
or using the Software other than as permitted in Clause 2 is
expressly prohibited unless you obtain prior written permission
from RealVNC.
2. Permitted and Prohibited Uses
2.1 During the term of this Agreement and as long as you comply with
the terms of this agreement, you may use the Software for your
personal use or for the internal use of your business only with
the Server. You are expressly prohibited from distributing the
Software in any format, in whole or in part, for sale, or for
commercial use or for any unlawful purpose.
2.2 You may not rent, lease or otherwise transfer the Software or
allow it to be copied. Unless permitted by law, you may not
reverse engineer, decompile or disassemble the Software.
3. Limited Warranty
3.1 RealVNC warrants to the original licensee that the Software will
perform substantially in accordance with any documentation
provided for it for 90 days following first use when used on Hosts
meeting the minimum hardware and software requirements specified
on the RealVNC website
3.2 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 RealVNC website.
3.3 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 replace the Software.
4. Limitation on Liability
EXCEPT FOR THE EXPRESS WARRANTIES GIVEN IN THIS AGREEMENT, TO THE
EXTENT PERMITTED BY LAW, REALVNC DISCLAIMS ALL WARRANTIES ON THE
SOFTWARE, 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 OR DAMAGES
WHATSOEVER INCLUDING LOST PROFITS OR SAVINGS ARISING OUT OF THE USE
OF THE SOFTWARE, RELIANCE ON THE DATA PRODUCED OR INABILITY TO USE
THE SOFTWARE (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.
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.
5. 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 United Kingdom Limited company.
6. Term and Termination
This licence 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.
7. General Terms
7.1 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.
7.2 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.
7.3 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.
7.4 No waiver of any term of this agreement shall be deemed a further
or continuing waiver of such term or any other term.
7.5 You may not assign, subcontract, sublicense or otherwise transfer
any of your rights or obligations under this Agreement.
7.6 This agreement constitutes the entire agreement between you and
RealVNC.
C. VNC ENTERPRISE EDITION END USER SUPPORT AGREEMENT
PLEASE READ THIS AGREEMENT CAREFULLY. IN ORDER TO RETAIN THE SUPPORT
SERVICES OF REALVNC FOR USE OF VNC ENTERPRISE EDITION ("the
SOFTWARE"), YOU MUST FIRST ACCEPT THE TERMS AND CONDITIONS OF THIS
AGREEMENT. BY USING ANY UPDATED VERSION OF THE SOFTWARE WHICH MAY BE
MADE AVAILABLE, YOU ACCEPT THAT THE TERMS OF THIS AGREEMENT APPLY TO
SUPPORT OF SUCH UPDATED SOFTWARE.
1. Trial Software
This agreement is not applicable where a Trial licence to the
Software is in use.
2. Maintenance and Services
During the term of this Agreement, provided all relevant Support
Fees (set out in the Website) which are due and owing have been
paid, RealVNC will provide the following services ("the Services")
to you in relation to the Software in accordance with the terms and
conditions of this Agreement:-
2.1 Provided you promptly notify RealVNC of any material defect in the
Software (being any corrupt download, CD or licence 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.
2.2 Updates or improvements to the Software published by RealVNC shall
be made available on the RealVNC website.
2.3 The Services do not include the correction of any defects due to:-
2.3.1 any combination or inclusion of the Software with or in any
computer program, equipment or devices not on the approved list
on the RealVNC website;
2.3.2 you not giving RealVNC a sufficiently detailed description of
the defect to enable RealVNC to identify the defect and to
perform the Services;
2.3.3 any improper or unauthorised use or operation of the Software.
2.4 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 licence fee paid for the Software.
3. Fees
3.1 You must pay all relevant Support Fees which are set out in the
Website when due in order to have the benefit of these support
services.
3.2 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.
3.3 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.
4. Limitation on Liability
TO THE EXTENT PERMITTED BY LAW, REALVNC DISCLAIMS ALL WARRANTIES ON
THE SOFTWARE OR THE 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 OR DAMAGES
WHATSOEVER INCLUDING LOST PROFITS OR SAVINGS ARISING OUT OF THE
SUPPORT SERVICES OR USE OF THE SOFTWARE, RELIANCE ON THE DATA
PRODUCED OR INABILITY TO USE THE SOFTWARE (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.
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.
5. Term and Termination
This support service shall continue in force for a period of twelve
months, and may be continued by payment of the relevant Support
Fees set out in the website. This agreement is automatically
terminated if you fail to pay the Support fees when due.
6. General Terms
6.1 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.
6.2 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.
6.3 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.
6.4 No waiver of any term of this agreement shall be deemed a further
or continuing waiver of such term or any other them.
6.5 You may not assign, subcontract, sublicense or otherwise transfer
any of your rights or obligations under this Agreement.
6.6 This agreement constitutes the entire agreement between you and
RealVNC in relation to support services.
