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ATTACHMENT A

LOCAL TERMS AND CONDITIONS - United States of America

The following terms apply to Customer with its principal oces within United States of America or

is a resident of the United States of America or to the extent that the laws of the United States of

America apply to Customer’s use of the Software.

This Agreement and Customer’s relationship with NComputing shall be governed and construed in

accordance with the laws of the state of California, without regard to its conict of law provisions.

Subject to NComputing’s right to seek injunctive remedies (or an equivalent type of urgent legal

relief) in any jurisdiction, Customer unconditionally consents and agrees that: (1) any claim, dispute,

or controversy (whether in contract, tort, or otherwise) Customer may have against NComputing

or the ocers, directors and employees of NComputing and its subsidiaries or Aliates (all such

individuals and entities collectively referred to herein as the “NComputing Entities”) arising out of,

relating to, or connected in any way with the Software or this EULA (including its existence, validity

or termination) or the determination of the scope or applicability of this agreement to arbitrate,

will be resolved exclusively by nal and binding arbitration administered by JAMS or another

mutually-acceptable alternative dispute resolution provider (“Arbitration Tribunal”) and conducted

in the United States before a sole arbitrator in accordance with the rules of the Arbitration Tribunal;

(2) this arbitration agreement is made pursuant to a transaction involving interstate commerce in

the United States, and shall be governed by the Federal Arbitration Act (“FAA”), 9 U.S.C. §§ 1-16; (3)

the arbitrator’s decision shall be controlled by this Agreement and any of the other agreements

referenced herein that the applicable Customer may have entered into in connection with the

Software; (4) the arbitrator shall honor claims of privilege recognized at law; (5) there shall be no

authority for any claims to be arbitrated on a class or representative basis, arbitration can decide

only Customer’s and/or the applicable NComputing Entity’s individual claims; the arbitrator may

not consolidate or join the claims of other persons or parties who may be similarly situated; (6)

the arbitrator shall not have the power to award punitive, exemplary, special or consequential

damages against Customer or any NComputing Entity; (7) in the event that the administrative fees

and deposits that must be paid to initiate arbitration against any NComputing Entity exceed $125

USD, and Customer is unable (or not required under the rules of the Arbitration Tribunal) to pay

any fees and deposits that exceed this amount, NComputing agrees to pay them and/or forward

them on Customer’s behalf, subject to ultimate allocation by the arbitrator. In addition, if Customer

is able to demonstrate that the costs of arbitration will be prohibitive as compared to the costs of

litigation, NComputing will pay as much of Customer’s ling and hearing fees in connection with the

arbitration as the arbitrator deems necessary to prevent the arbitration from being cost-prohibitive;

and (8) with the exception of subparts (5) and (6) above, if any part of this arbitration provision is

deemed to be invalid, unenforceable or illegal, or otherwise conicts with the rules of the Arbitration

Tribunal, then the balance of this arbitration provision shall remain in eect and shall be construed

in accordance with its terms as if the invalid, unenforceable, illegal or conicting provision were

not contained herein. If, however, subpart (5) or subpart (6) is found to be invalid, unenforceable or

illegal, then if NComputing so elects, the entirety of this arbitration provision shall be null and void,

and neither Customer nor NComputing shall be entitled to arbitrate their dispute.

LOCAL TERMS AND CONDITIONS - Europe

The following terms apply to any Customer with its principal oces or residence within the

European Economic Area (EEA) or European Union, or Switzerland, Iceland, Montenegro, Serbia,

Kosovo, Albania, Bosnia & Herzegovina, Macedonia, San Marino, Monaco, Vatican City, the Channel

Islands, the Isle of Man, overseas departments of France, or the Faeroe Islands:

1. Despite paragraph 15 of this Agreement, this Agreement and Customer’s relationship with

NComputing shall be subject to the laws and jurisdiction of the state listed above in which you

have your principal oces or, if you are not a business, the state listed above where you are

resident.

2. Despite any term of this Agreement in paragraph 4 or elsewhere to the contrary, and to the

extent required by Directive 91/250/EEC (as amended) on the legal protection of computer

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