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End user licence agreement
PLEASE READ THIS AGREEMENT CAREFULLY. THIS AGREEMENT CONCERNS
ENHANCED VNC VIEWER SOFTWARE (“the SOFTWARE”) FOR USE WITH
THE MC5 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
2.1 During 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.
2.2 You 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
7.1 The 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.
7.2 If 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.
7.3 No waiver of any term of this agreement shall be deemed a further or
continuing waiver of such term or any other term.
7.4 This agreement constitutes the entire agreement between you and
RealVNC.
