End user licence agreement

PLEASE READ THIS AGREEMENT CAREFULLY. THIS AGREEMENT CONCERNS ENHANCED VNC VIEWER SOFTWARE (“the SOFTWARE”) FOR USE WITH THE ServSwitch CX PRODUCT (“the PRODUCT”). THE SOFTWARE IS PROVIDED TO ENABLE YOU TO OPERATE THE PRODUCT. BY USING ALL OR ANY PORTION OF THE SOFTWARE YOU ACCEPT ALL THE TERMS AND CONDITIONS OF THIS AGREEMENT. IF YOU DO NOT ACCEPT ALL THE TERMS AND CONDITIONS OF THIS AGREEMENT THEN DO NOT USE THE SOFTWARE. BY USING ANY UPDATED VERSION OF THE SOFTWARE WHICH MAY BE MADE AVAILABLE, YOU ACCEPT THAT THE TERMS OF THIS AGREEMENT APPLY TO SUCH UPDATED SOFTWARE.

1.Intellectual Property Rights

The Software and its structure and algorithms are protected by copyright and other intellectual property laws, and all intellectual property rights in them belong to RealVNC Limited (“RealVNC”), a United Kingdom Limited Company, or are licensed to it. You may not reproduce, publish, transmit, modify, create derivative works from, publicly display the Software or part thereof. Copying or storing or using the Software other than as permitted in Clause 2 is expressly prohibited unless you obtain prior written permission from RealVNC.

2.Permitted and Prohibited Uses

2.1During the term of this Agreement and as long as you comply with the terms of this agreement, you may use the Software only with the Product for your personal use or for the internal use of your business. You may make as many copies of the Software as you require for your own internal business purposes only and for archival purposes. You are expressly prohibited from distributing the Software in any format, in whole or in part, for sale, or for commercial use or for any unlawful purpose.

2.2You may not rent, lease or otherwise transfer the Software or allow it to be copied. Unless permitted by law, you may not reverse engineer, decompile or disassemble the Software.

3.Warranty

REALVNC DOES NOT WARRANT ANY RESULTS OBTAINED USING THE SOFTWARE. TO THE EXTENT PERMITTED BY LAW, REALVNC DISCLAIMS ALL OTHER WARRANTIES ON THE SOFTWARE, 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.

4.Limitation on Liability

UNDER NO CIRCUMSTANCES SHALL REALVNC BE LIABLE FOR ANY CONSEQUENTIAL INDIRECT OR INCIDENTAL DAMAGES WHATSOEVER INCLUDING LOST PROFITS OR SAVINGS ARISING OUT OF THE USE OF THE SOFTWARE, THE SERVICE OR THE INFORMATION, RELIANCE ON THE DATA PRODUCED OR INABILITY TO USE THE SOFTWARE, THE SERVICE OR THE INFORMATION EVEN IF REALVNC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. BECAUSE SOME STATES AND COUNTRIES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.

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

5.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.

6.Term and Termination

This licence 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.

7.General Terms

7.1The construction, validity and performance of this Agreement shall be governed in all respects by English law, and the Parties agree to submit to the exclusive jurisdiction of the English courts.

7.2If 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.

7.3No waiver of any term of this agreement shall be deemed a further or continuing waiver of such term or any other term.

7.4This agreement constitutes the entire agreement between you and RealVNC.

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