NComputing vSpace Client Manuel d'utilisateur télécharger pdf (Page 6)

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CLIENT SOFTWARE.

NCOMPUTING DOES NOT WARRANT THAT THE OPERATION OF THE CLIENT SOFTWARE WILL BE

UNINTERRUPTED OR ERROR FREE OR THAT THE CLIENT SOFTWARE WILL MEET YOUR SPECIFIC

REQUIREMENTS. YOU ACKNOWLEDGE AND AGREE THAT PERFORMANCE OF THE CLIENT

SOFTWARE MAY VARY DEPENDING ON THE SERVER DEVICE, CLIENT DEVICE, THE SOFTWARE

PROGRAMS RUNNING ON THE FOREGOING (INCLUDING THE SERVER SOFTWARE), AND THE

BANDWIDTH AND CONFIGURATION OF THE NETWORK CONNECTING THEM. SINCE ALL

CLIENT DEVICES SHARE THE SERVER DEVICE’S RESOURCES, A CLIENT DEVICE’S PERFORMANCE

MAY DECREASE IF THE SERVER DEVICE’S PROCESSOR(S) OR OTHER RESOURCES BECOME

OVERLOADED AS MORE CLIENT DEVICES ARE CONNECTED TO THE SERVER DEVICE OR IF A USER

RUNS RESOURCE INTENSIVE APPLICATIONS.

12. LIMITATION OF LIABILITY. EXCEPT TO THE EXTENT THAT LIABILITY MAY NOT BY LAW BE

LIMITED OR EXCLUDED, IN NO EVENT WILL NCOMPUTING OR ITS SUPPLIERS BE LIABLE FOR LOSS

OR CORRUPTION OF DATA, LOST PROFITS OR LOSS OF CONTRACTS, COST OF PROCUREMENT

OF SUBSTITUTE PRODUCTS OR OTHER SPECIAL, INCIDENTAL, PUNITIVE, CONSEQUENTIAL

OR INDIRECT DAMAGES ARISING FROM THE SUPPLY OR USE OF THE CLIENT SOFTWARE,

HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY (INCLUDING, WITHOUT LIMITATION,

NEGLIGENCE). THIS LIMITATION WILL APPLY EVEN IF NCOMPUTING OR AN AUTHORIZED

DISTRIBUTOR OF NCOMPUTING HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES,

AND NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. IN NO

EVENT SHALL NCOMPUTING’S OR ITS SUPPLIERS’ LIABILITY EXCEED THE AMOUNT PAID BY YOU

FOR THE AFFECTED CLIENT SOFTWARE. YOU ACKNOWLEDGE AND AGREE THAT THIS PROVSION

REFLECTS A REASONABLE ALLOCATION OF RISK BETWEEN THE PARTIES.

13. COMPLIANCE WITH LAW. You agree to use the Client Software solely in accordance with, and

within the limits permitted by, applicable laws, rules, regulations and orders.

14. U.S. Government End User Purchasers. The Client Software and any other NComputing

software covered under this EULA are “commercial items” as that term is dened at 48 C.F.R.

2.101; consisting of “commercial computer software” and “commercial computer software

documentation” as such terms are used in 48 C.F.R. 12.212. Consistent with 48 C.F.R. 12.212

and 48 C.F.R. 227.7202-1 through 227.7202-4, all U.S. Government end users acquire the Client

Software and any other NComputing software and documentation covered under this EULA

with only those rights set forth herein.

15. JURISDICTION AND DISPUTES. Except as otherwise set forth in Attachment A (if applicable),

of this EULA, including all revisions and amendments thereto, is governed by and construed

in accordance with the laws of the Republic of Korea, without regard to its conict or choice

of law principles. Notwithstanding any choice of law provision or otherwise, and the United

States Uniform Computer Information Transactions Act the United Nations Convention on the

International Sale of Goods shall not apply.

16. ARBITRATION. Except as otherwise set forth in Attachment A (if applicable), , Customer

unconditionally consents and agrees that: (i) any claim, dispute or controversy (whether in

contract, tort, or otherwise) Customer may have against NComputing or its ocers, directors,

agents and employees arising out of, relating to, or connected in any way with the Software or

this EULA (including its existence, validity or termination), will be nally resolved by arbitration

to be held in Seoul, Korea and conducted in English under the Rules of Arbitration of the

International Chamber of Commerce provided, however, that each party may enforce its or its

Aliates’ (dened below) intellectual property rights in any court of competent jurisdiction,

including but not limited to equitable relief. The arbitral award shall be nal and binding on

the parties. Except to the extent entry of judgment and any subsequent enforcement may

require disclosure, all matters relating to the arbitration, including the award, shall be held in

condence. For purposes of this EULA, Aliate means, any corporation or other entity that is

controlled by, or is under common control with a party (a corporation or other entity shall be

deemed to control another if it owns or controls more than fty percent (50%) of the voting

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NComputing vSpace Client Manuel d'utilisateur Page 6

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