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stock or other ownership interest of the corporation or entity).

17. EXPORT. Software and Documentation, including any technical data provided by

NComputing hereunder, may be subject to export, re-export or import control laws under

the country of origin, destination or use, including regulations under such laws. Customer

shall comply fully with all international and national laws and regulations that apply to the

Software and Documentation and to Customer and Customer Representative’s use thereof,

including, but not limited to, the U.S. Export Administration Regulations, end-user, end-use and

destination restrictions issued by U.S. and other governments. Without limiting the generality

of the foregoing, Customer expressly agrees that Customer shall not, and shall cause Customer

Representative to agree not to, export, directly or indirectly, re-export, divert, or transfer the

Software and Documentation or any technical data thereof to any destination, company or

person restricted or prohibited by U.S. laws or regulations or laws or regulations of any other

applicable jurisdiction. Customer represents and warrants that (i) Customer is not located in a

country that is subject to a U.S. Government embargo, or that has been designated by the U.S.

Government as a “terrorist supporting” country; and (ii) Customer are not listed on any U.S.

Government list of prohibited or restricted parties.

18. ASSIGNMENT. You may not transfer, assign or delegate any of your rights or obligations under

this EULA, in whole or in part, whether voluntarily, by operation of law, by merger or sale of

all or substantially all of your stock or assets, or otherwise, without the prior written consent

of NComputing. Any purported transfer, assignment, or delegation by You without such prior

written consent shall be null and void. NComputing has the right to transfer, assign or delegate

any of its rights or obligations under this EULA to one or more third parties without Your

consent, including through reorganization, reincorporation, merger, change of control, or a sale

of all or substantially all of NComputing’s stocks or assets. Subject to the foregoing, this EULA

shall bind and inure to the benet of each party’s successors and permitted assigns.

19. LEGAL EFFECT. This EULA describes certain legal rights. You may have other rights under the

laws of your state or country. You may also have rights with respect to the party from whom

you acquired the Client Software. This EULA does not change your rights under the laws of your

state or country if the laws of your state or country do not permit it to do so.

20. NO WAIVER. Any waiver of any right or remedy by NComputing is not valid and eective,

unless, and to the extent, it is express and in writing, and states such right and remedy to be

waived. Selection by NComputing of a specic remedy does not constitute, and shall not be

interpreted to constitute, a waiver of any other remedy of NComputing, and NComputing’s

failure to select a specic remedy does not constitute, and shall not be interpreted to constitute,

a waiver of such remedy.

21. SEVERABILITY. Should any section, or portion thereof, of this EULA be held invalid by reason

of any law existing now or in the future in any jurisdiction by any court of competent authority

or by a legally enforceable directive of any governmental body, such section or portion thereof

shall be validly reformed so as to approximate the intent of the parties as nearly as possible and,

if unreformable, shall be deemed divisible and deleted with respect to such jurisdiction; this

EULA shall not otherwise be aected.

22. INTEGRATION. This EULA constitutes the entire understanding of the parties, and revokes

and supersedes all prior agreements, oral or written, between the parties, and is intended as a

nal expression of their agreement, regarding the subject matter of this EULA other than any

document expressly incorporated herein by reference. It shall not be modied or amended

except in writing signed by the parties hereto and specically referring to this EULA.

YOU HEREBY ACKNOWLEDGE THAT YOU HAVE READ THIS EULA, UNDERSTAND IT AND AGREE TO

BE BOUND BY ITS TERMS AND CONDITIONS.

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