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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 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