NComputing vSpace Client Manuel d'utilisateur télécharger pdf (Page 5)

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9. REQUIREMENTS FOR ADDITIONAL SOFTWARE LICENSES. Additional operating system,

application software, and/or access licenses may be required for some operating systems

and software applications to be used with the Client Software and Server Software. Refer

to Paragraph 3.c above and check each of your end user software license agreements to

determine if additional licenses are required. NComputing is under no obligation to advise,

consult or otherwise provide guidance to you regarding third-party software licensing. You

shall indemnify and hold NComputing and its distributors harmless from any and all claims,

damages, costs, liabilities, etc. arising from your improper use of the Client Software or any

other third party software.

10. TERM AND TERMINATION. This EULA will remain in eect until terminated. Unauthorized

copying of the Client Software or failure to comply with the terms of this EULA will result in

automatic termination of this EULA and all licenses granted herein, and will make available to

NComputing other legal remedies. This EULA and all licenses granted herein will automatically

terminate if You go into liquidation, suer or make any winding up petition, make an

arrangement with Your creditors, or suer or le any similar action in any jurisdiction in

consequence of debt. This EULA and all licenses granted herein may also be terminated by

NComputing as set forth in Section 11 below. Upon any termination of this EULA, You shall

cease all use of and destroy all of your copies of the Client Software. Notwithstanding the

expiration or termination of this EULA, it is acknowledged that those rights and obligations that

by their nature are intended to survive such expiration or termination will survive, including,

without limitation, the disclaimers of warranties and limitations of liability provided herein.

11. LIMITED WARRANTY; DISCLAIMER OF WARRANTIES. NComputing warrants that the

Client Software (and any Updates thereto) will perform substantially in accordance with the

applicable user documentation for a period of ninety (90) days from the date of your purchase

of the Client Software (the “Limited Warranty”). NComputing’s and its suppliers’ sole liability,

and your exclusive remedy, for any breach of this Limited Warranty or for breach of any other

warranty related to the performance of the Client Software shall be, at NComputing’s option, (i)

to terminate this EULA and return the amount paid by you for the aected Client Software; or

(ii) to repair or replace the Client Software to make it perform substantially in accordance with

the Limited Warranty. This Limited Warranty shall not apply (i) if you make any unauthorized

modications to the Client Software, or misuse, abuse of the Client Software; (ii) if you use the

Client Software for purposes other than its intended use; or (ii) if you violate any terms and

conditions of this EULA. NComputing and its suppliers make no warranties, and provide no

remedies, in connection with any defects discovered after the ninety-day Limited Warranty

period.

EXCEPT FOR THE LIMITED WARRANTY PROVIDED ABOVE, THE CLIENT SOFTWARE, INCLUDING

WITHOUT LIMITATION ANY OPEN SOURCE SOFTWARE INCORPORATED THEREIN OR PROVIDED

THEREWITH, AND ANY ACCOMPANYING DOCUMENTATION, ARE PROVIDED “AS IS”.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE WARRANTIES EXPRESSLY

STATED HEREIN ARE EXCLUSIVE AND IN LIEU OF ALL OTHER WARRANTIES, WHETHER IMPLIED,

STATUTORY OR OTHERWISE, INCLUDING THE WARRANTIES OF MERCHANTABILITY, NON-

INFRINGEMENT, TITLE, FITNESS FOR A PARTICULAR PURPOSE OR SATISFACTORY QUALITY,

WHICH NCOMPUTING SPECIFICALLY DISCLAIMS, FOR ITSELF AND ON BEHALF OF ITS SUPPLIERS,

TOGETHER WITH ANY AND ALL WARRANTIES ARISING FROM COURSE OF DEALING OR USAGE

IN TRADE. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM

NCOMPUTING OR ELSEWHERE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THIS

AGREEMENT.

SOME JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OF IMPLIED WARRANTIES, SO THE

DISCLAIMER OF IMPLIED WARRANTIES ABOVE MAY NOT APPLY TO YOU, IN WHICH CASE THE

DURATION OF ANY SUCH IMPLIED WARRANTIES SHALL BE LIMITED TO NINETY (90) DAYS FROM

THE DATE YOU PURCHASED THE CLIENT SOFTWARE; PROVIDED, HOWEVER, THAT IN SUCH CASE

NCOMPUTING’S OR ITS SUPPLIERS’ SOLE LIABILITY AND YOUR EXCLUSIVE REMEDY FOR BREACH

OF SUCH IMPLIED WARRANTIES SHALL IN ANY CASE BE, AT NCOMPUTING’S OPTION, (i) TO

REPAIR OR REPLACE THE CLIENT SOFTWARE TO CONFORM IT TO SUCH APPLICABLE WARRANTY,

OR (ii) TO TERMINATE THIS EULA AND RETURN THE AMOUNT PAID BY YOU FOR THE AFFECTED

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NComputing vSpace Client Manuel d'utilisateur Page 5

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