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 SIGEND 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
