EULA: Ericom AccessNow

Ericom HTML5 RDP Client access:apps & desktop

Software: Ericom AccessNow

ERICOM SOFTWARE END USER LICENSE AGREEMENT
IMPORTANT - READ CAREFULLY THE FOLLOWING TERMS AND CONDITIONS (these "Terms") BEFORE opening any of thE packages CONTAINING ELECTRONIC MEDIA, SUCH AS A DISK PACK, ETC., or DOWNLOADING OR INSTALLING THE ACCOMPANYING SOFTWARE (the "Software") OR ANY PART THEREOF. BY Opening aNY SUCH PACKAGE, by SELECTING THE "I ACCEPT" BUTTON BELOW, OR BY DOWNLOADING OR INSTALLING THE SOFTWARE, OR ANY PART THEREOF, YOU AGREE TO BE BOUND BY THESE TERMS. IF YOU SELECT "I DO NOT ACCEPT," THE DOWNLOAD PROCESS WILL NOT PROCEED. DO NOT OPEN ANY SUCH PACKAGE, SELECT "I ACCEPT," DOWNLOAD OR INSTALL THE SOFTWARE, OR ANY PART THEREOF, UNTIL YOU HAVE CAREFULLY READ, UNDERSTOOD, AND AGREED TO THESE TERMS. IF YOU DO NOT WISH TO AGREE TO THESE TERMS, DO NOT DOWNLOAD OR INSTALL THE SOFTWARE, IN WHOLE OR IN PART, AND, IF YOU RECEIVED THE SOFTWARE ON ELECTRONIC MEDIA, promptly return the entirE SHIPMENT with the ELECTRONIC MEDIA UNOPENED OR UNINSTALLED and your money will be refunded. IF YOU OPEN THE ACCOMPANYING SOFTWARE, DOWNLOAD, INSTALL, OR USE IT, YOU WILL BE ACQUIRING A LICENSE TO USE THE SOFTWARE IN OBJECT CODE FORM, INCLUDING ANY RELATED PRINTED OR ELECTRONIC DOCUMENTATION (COLLECTIVELY THE "PROGRAM"), ONLY IN ACCORDANCE WITH THE TERMS OF THIS AGREEMENT, AND YOU WILL BE CONSIDERED TO HAVE ACCEPTED AND AGREED TO THESE TERMS.
IN THE EVENT THAT A SYSTEM INTEGRATOR, CONSULTANT, CONTRACTOR, OR OTHER PARTY OPENS THE SOFTWARE MEDIA OR DOWNLOADS OR INSTALLS THE SOFTWARE ON YOUR BEHALF PRIOR TO YOUR USE OF THE SOFTWARE, SUCH PARTY WILL BE DEEMED TO BE YOUR AGENT ACTING ON YOUR BEHALF, AND YOU WILL BE DEEMED TO HAVE ACCEPTED ALL OF THE TERMS CONDITIONS SET FORTH HEREIN AS IF YOU HAD OPENED THE MEDIA OR DOWNLOADS OR INSTALLED THE SOFTWARE.
THESE TERMS CONSTITUTE THE COMPLETE AND EXCLUSIVE STATEMENT OF THE AGREEMENT BETWEEN YOU, OR THE COMPANY ON BEHALF OF WHICH YOU ARE INSTALLING THE SOFTWARE ("You"), AND ERICOM SOFTWARE LTD. ("Ericom"), WHICH SUPERSEDES ANY PROPOSAL OR PRIOR AGREEMENT, ORAL, OR WRITTEN, AND ANY OTHER COMMUNICATION RELATING TO THE SUBJECT MATTER OF THESE TERMS.
NOTWITHSTANDING THE FOREGOING, IF YOU RECEIVED THE SOFTWARE AS PART OF A NEGOTIATED WRITTEN LICENSE AGREEMENT WITH ERICOM, THE TERMS OF SUCH NEGOTIATED LICENSE AGREEMENT SHALL SUPERSEDE THESE TERMS TO THE EXTENT THEY ARE INCONSISTENT. THE TERMS AND CONDITIONS SET FORTH IN THE ERICOM SOFTWARE LICENSE CERTIFICATE (HEREAFTER, THE "ESLC"), IF DELIVERED TO YOU, ARE INCORPORATED IN THESE TERMS BY REFERENCE. IF ANY TERMS OR CONDITIONS SET FORTH IN THE ESLC CONFLICTS WITH THESE TERMS, THE ESLC SHALL GOVERN.
ADDITIONALLY, THE PROGRAM MAY CONTAIN OR BE DERIVED FROM PORTIONS OF MATERIALS PROVIDED BY THIRD PARTIES. SUCH THIRD-PARTY MATERIALS INCLUDED WITH THE PROGRAM MAY BE SUBJECT TO OTHER TERMS AND CONDITIONS, WHICH ARE TYPICALLY FOUND IN A SEPARATE LICENSE AGREEMENT OR A "READ ME" OR OTHER FILE LOCATED IN OR NEAR SUCH MATERIALS. SUCH THIRD PARTIES MAY ENFORCE ANY OF THE PROVISIONS SET FORTH IN THESE TERMS, TO THE EXTENT SUCH THIRD PARTY MATERIALS ARE AFFECTED.
EXCEPT AS SPECIFICALLY PERMITTED IN THE PREVIOUS PARAGRAPHS, NO PROVISIONS OF PURCHASE ORDERS OR IN ANY OTHER DOCUMENTATION EMPLOYED BY OR ON BEHALF OF EITHER PARTY IN CONNECTION WITH THESE TERMS, REGARDLESS OF THE DATE OF SUCH DOCUMENTATION, WILL AFFECT THESE TERMS, EVEN IF SUCH DOCUMENT IS ACCEPTED BY THE RECEIVING PARTY, WITH SUCH PROVISIONS BEING DEEMED DELETED.
GRANT OF LICENSE.
Subject to payment of all applicable fees, Ericom grants to You a personal, non-exclusive, nontransferable license to use the Program in one of the following manners during the Term (as defined below), in accordance with these Terms:
1. For the purpose of evaluating the Program for a limited period of thirty (30) days, which period may be extended at Ericom's sole discretion upon your request (the "Evaluation Period"). Ericom may insert in each copy of the Program a mechanism to make the Program inoperable after a specified period of time. At the end of the Evaluation Period, You will either return the Program or delete the Program from your Device, or if you wish to continue using the Program, you must pay the applicable fee for a license for the Program under subsections (ii) or (iii) below. Additionally, Your continued use of the Program after the Evaluation Period shall be subject to these Terms; or
2. If You have not received an ESLC, then You may use the Program on a single Device to be accessed by a single end user at a time; or
3. To the extent authorized by Ericom as set forth in the ESLC, which also lists the serial number to be used for installation and is delivered to You by mail or email (the "ESLC"). The Ericom authorization set forth in the ESLC will include an authorization to install and use the Program:
3.1 On a limited number of Devices as designated in the ESLC to be used solely by the end user of each such Device (a "User Device License"); or
3.2 On a server to be accessed by a limited number of Devices and/or end users as designated in the ESLC (a "Server Device License"). The aggregate number of unique Devices and/or end users that may access or otherwise utilize the services or functionality of the Program may not exceed the number designated in the ESLC; or
3.3 On a server with access limited to a number of Devices and/or end users connected at any given time to the server as designated in the ESLC (a "Concurrent User License");or
3.4 On a server with access limited by the number of Host Sessions open at any given time as designated in the ESLC (a "Server Session License"). "Host Session" means a connection from a Device to a central system using the Program; or
3.5 As otherwise set forth in the ESLC.
"Device" means a computer, workstation, terminal, handheld PC, Personal Digital Assistant, "smart phone," or other electronic device.
You may make one (1) copy of the Program solely for back-up purposes; provided, You reproduce the copyright notice and any other legends of ownership on each copy, or partial copy, of the Program.
Where an individual who is authorized by You to access and use the Program for Your own internal business purposes who is not an employee (a "User") (i) You shall be responsible for ensuring that any such User fully complies with these Terms as they relate to the use of the Program on the same basis as applies to You; (ii) use by such User shall only be in relation to Your internal business purposes as restricted herein; and (iii) You shall remain fully liable for any and all acts or omissions by such User related to these Terms.
You may sub-license the use of the Program to third party outsourcing or facilities management contractor to operate the Program on Your behalf; provided, that (i) You deliver written notice to Ericom; (ii) You shall be responsible for ensuring that any such contractor fully complies with these Terms as they related to use of the Program on the same basis as applies to You; (iii) such use is only in relation to Your internal business purposes as restricted herein; (iv) such use does not represent or constitute an increase in the number of licenses provided hereunder; and (v) You shall remain fully liable for any and all acts or omissions by the contractor related to these Terms.
LICENSE EXCLUSIONS
You may not make any use of the Program in whole or in part that is not expressly permitted by these Terms. The license granted herein is solely for your benefit and may be used only for your internal purposes. Except as expressly set forth in the Terms, You shall not: (i) copy, modify, reverse engineer, decompile, disassemble, or otherwise translate all or any portion of the Program; (ii) distribute, disclose, market, rent, lease, sublicense, or transfer to any third party the Program or use the Program in any service bureau arrangement; or (iii) export, re-export or otherwise distribute the Software to any prohibited destination country under the EAR, U.S., and/or Israeli sanctions regulations (currently Iran, Lebanon, Syria, Libya, North Korea, Sudan, and Cuba) or in contravention of any applicable export controls, and You shall not authorize or permit any third party to do any of the foregoing. No license, right, or interest in any Ericom trademark, trade name or service mark is granted hereunder. The server and/or Device on which the Program is installed must be in Your possession and under Your control and the Program must be used only by persons who have a specific need to use, for whose breaches of these Terms You will be liable. You shall take no action designed to defeat the operation of any security measure incorporated in the Program.
AUDIT
Ericom may, at its expense, audit no more than once annually the number of copies of the Program in use by You (directly or indirectly). Any such audit shall be conducted during regular business hours at Your premises and shall not unreasonably interfere with Your business activities. If You are using a greater number of copies of the Program than that indicated in the ESLC, You shall pay the applicable fees for such additional number of copies of the Program within thirty (30) days of invoice plus interest of the lower of one and one-half percent (1.5%) per month and the highest permitted by local law from the 1st day of use, with such underpaid fees being the license and related support fee as per Ericom's then current, country specific, base price for the Program. If underpaid fees are in exceess of five percent (5%) of the value of the fees paid under these Terms, then You shall also pay Ericom's reasonable costs of conducting the audit.
SUPPORT
These Terms do not give you any rights to any updates, upgrades, modifications, or other revisions to the Program. You may elect to purchase support services and updates for the Program by contacting Ericom or an Ericom authorized supplier and paying the applicable support fee. Any and all updates, upgrades, modifications, or other revisions to the Program delivered to You shall be included in the definition of "Program" and shall be governed by these Terms.
OWNERSHIP
Ericom (or its third party suppliers) retains all title, right, copyright (and any other applicable intellectual property right), and interest in and to the Program, including all documentation, translations, enhancements, improvements, or other modifications made to or derived from the Program, which is protected by intellectual property laws and international treaty provisions.
NON-DISCLOSURE
You acknowledge that the Program contains confidential and proprietary information and trade secrets of Ericom and will keep any confidential information contained in the Program confidential and under access and use restrictions sufficient to protect copying, use or disclosure thereof which violates these Terms. Such restrictions will be at least as stringent as those applied to Your most valuable confidential and proprietary information. You agree to be responsible for any unauthorized disclosure, use, or copying of the Program by any person to which You grant access to the Program.
PUBLICATION
You consent to written and oral disclosure by Ericom of your name as an end user of the Software in a factual listing of Ericom's customers (with or without a list of the category of software licensed by You) to be published within marketing and promotional materials, in presentations, on trade show signs and materials, on Ericom's website, and to financial and industry analysts. Ericom will seek Your prior written authorization for use of Your name for promotional activities beyond the foregoing.
INFORMATION COLLECTION
The Software may contain technological features designed to prevent unlicensed use of the Software and retrieve only anonymous data such as IP address, serial number, Software name and version, mac address, operating system, and server uptime. Ericom uses this information to detect improper use of the Software and develop generic statistical information on Software use. You grant Ericom and its subsidiaries the right to use this information solely to prevent unlicensed use of the Software and to improve Ericom's products or to provide customized services and technologies to You.
WARRANTY
You are entitled to Ericom's 30-day free warranty from the date that You acquired your initial copy of the Program. For the period ending thirty (30) days from the date You receive your initial copy of the Program, Ericom warrants that (i) the media on which Ericom has supplied the Program is not defective and the Program is properly recorded on it; and (ii) the Software functions substantially as described in the accompanying user manuals. Notice of breach of the 30-day free warranty must be received within the warranty period. Your sole and exclusive remedy under this limited warranty is to return the Program for replacements within the warranty period, and if the problem persists following such replacement, to require full refund of license fees paid hereunder; provided, You purge all copies of the Program from all computer systems on which it was stored and return to Ericom all physical copies of the Program. Ericom shall have no responsibility for the Program and this warranty shall be void if (i) the Program has been altered in any way; (ii) the problem arises from use of the Program other than as intended as set out in the user manuals; or (iii) the problem arises out of use of the Program in conjunction with software or hardware for which it is not intended to be used as set out in the user manuals.
THE FOREGOING LIMITED WARRANTY STATES THE SOLE AND EXCLUSIVE REMEDIES FOR ERICOM'S OR ITS LICENSORS' BREACH OF WARRANTY. OTHER THAN THE FOREGOING LIMITED WARRANTY AND FOR ANY WARRANTY TO THE EXTENT TO WHICH THE SAME CANNOT OR MAY NOT BE EXCLUDED OR LIMITED BY APPLICABLE LAW, THE SOFTWARE IS PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, WHETHER BY STATUTE, COMMON LAW, CUSTOM, USAGE OR OTHERWISE. THE ENTIRE RISK AS TO THE RESULTS AND PERFORMANCE OF THE SOFTWARE IS ASSUMED BY YOU. ERICOM AND ITS THIRD PARTY LICENSORS DISCLAIMS ALL WARRANTIES, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE WITH RESPECT TO THE SOFTWARE, NON-INFRINGEMENT, AND THAT THE SOFTWARE WILL BE UNINTERRUPTED OR ERROR FREE. NO ERICOM AGENT OR RESELLER IS AUTHORIZED TO MODIFY, EXTEND, OR ADD TO THIS WARRANTY ON BEHALF OF ERICOM.
LIMITATION OF LIABILITY
THE ENTIRE RISK, AS TO THE RESULTS AND PERFORMANCE OF THE PROGRAM, IS ASSUMED BY YOU TO THE GREATEST EXTENT PERMISSIBLE BY APPLICABLE LAW. UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY, TORT (INCLUDING STRICT LIABILITY OR NEGLIGENCE), CONTRACT, OR OTHERWISE, SHALL ERICOM, ITS AGENT, REPRESENTATIVES OR LICENSORS BE LIABLE TO YOU OR ANY OTHER PERSON OR ENTITY FOR ANY LOSS OF USE, REVENUE OR PROFIT, LOST OR DAMAGED DATA, OR OTHER COMMERCIAL OR ECONOMIC LOSS OR FOR ANY INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, EXEMPLARY, OR CONSEQUENTIAL DAMAGES WHATSOEVER, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR IF SUCH DAMAGES ARE FORESEEABLE. THE MAXIMUM AGGREGATE LIABILITY OF ERICOM AND ITS AGENTS, REPRESENTATIVES AND LICENSORS IN ANY CONNECTION WITH THESE TERMS OR THE PROGRAM, WHETHER IN TORT (INCLUDING STRICT LIABILITY AND NEGLIGENCE), CONTRACT, OR OTHERWISE SHALL NOT EXCEED THE LICENSE FEES PAID BY YOU UNDER THESE TERMS WITHIN THE THREE (3) MONTH PERIOD IMMEDIATELY PRECEDING THE ACCRUAL OF SUCH CLAIM, IF ANY.
THIS LIMITATION DOES NOT APPLY IN THE CASE OF PERSONAL INJURY OR DEATH, IF AND TO THE EXTENT REQUIRED BY APPLICABLE LAW.
TERM; TERMINATION
Unless otherwise terminated as set forth below, these Terms are effective (i) until the end of the Evaluation Period, if You have been granted an evaluation license only, (ii) until the end of the term as set forth in the ESLC, or (iii) if no term is expressly set forth in the ESLC, perpetually (the "Term"). You may terminate these Terms at any time by destroying the Program together with all copies in any form. Ericom may terminate these Terms and the license granted pursuant thereto if You breach any of the Terms or fail to pay the designated fee for the license of the Program. Upon termination of these Terms for any reason, You shall return all copies of the Program to the place of purchase, return the original ESLC, if received by You, and permanently delete all copies of the Program from your servers, computers, and/or other Devices. Any provisions of these Terms that, in order to fulfill the purposes of such provisions, need to survive the termination or expiration of these Terms, shall be deemed to survive for as long as necessary to fulfill such purposes.
U.S. GOVERNMENT END USERS
The Program is deemed to be "Commercial Items," as defined 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 or 48 C.F.R. §227.7207, as applicable. Consistent with such sections, the Commercial Computer Software and Commercial Computer Software Documentation are being licensed to U.S. Government end users (i) only as Commercial Items, and (ii) with only those rights as are granted to all other end users pursuant to these Terms.
GENERAL
These Terms will be governed by the laws of the State of New Jersey, USA, without giving effect to the conflict of law provisions thereof, and excluding (even if applicable) any application of the United Nations Convention on Contracts for the International Sale of Goods. Neither party shall be responsible for delays or failure of performance resulting from acts beyond the reasonable control of such party. The English version of these Terms shall be the version used when interpreting or construing these Terms. The parties acknowledge and agree that the limited warranty, exclusive remedies, and limited liability set forth in these Terms are fundamental elements of the basis of the bargain between You and Ericom, and that Ericom would not be able to provide the Program on an economic basis without such limitations. No waiver, alteration, or modification of the provisions of these Terms will be valid unless made in writing and signed by a corporate officer of Ericom. If any provision or provisions of these Terms are determined to be invalid, illegal, or unenforceable, the validity, legality, and enforceability of the remaining provisions of these Terms will not in any way be affected or impaired thereby. You may not assign these Terms to any third party. Except as expressly set forth herein, these Terms are the entire agreement between the parties with respect to its subject matter and supersedes and replaces all prior oral or written agreement, representations, negotiations, or understandings between the parties related to such subject matter.
OPEN SOURCE
Certain components of the Software may be subject to the GNU GPL or LGPL terms and conditions, available for viewing at http://www.gnu.org/copyleft/gpl.html and http://www.gnu.org/copyleft/lesser.html or as otherwise designated, or other similar free software licenses which, among other rights, permit the user to copy, modify and redistribute certain programs, or portions thereof, and have access to the source code. To the extent you receive Software under this Agreement which contains components subject to the GPL or LGPL terms, you agree to be bound by all the terms and restrictions therein including keeping all copyright notices intact for the duration of your use of the Software and modifying and/or redistributing such components only in accordance with the terms of the GNU GPL or LGPL terms. Such components are provided "AS IS" "WITHOUT WARRANTY OF ANY KIND" per the terms of the GPL/LGPL.