﻿VNC SOFTWARE END USER LICENSE AGREEMENT

IN ORDER TO RETAIN THE SERVICES OF REALVNC, YOU MUST FIRST ACCEPT
THE TERMS AND CONDITIONS OF THIS AGREEMENT.  BY USING ALL OR ANY
PORTION OF THE SOFTWARE YOU ACCEPT ALL THE TERMS AND CONDITIONS OF
THIS AGREEMENT. YOU AGREE THAT THIS AGREEMENT IS ENFORCEABLE LIKE
ANY WRITTEN NEGOTIATED AGREEMENT SIGNED BY YOU. IF YOU DO NOT
AGREE THEN DO NOT USE ANY PART OF THE SOFTWARE. BY INSTALLING ANY
UPDATED VERSION OF THE SOFTWARE WHICH MAY BE MADE AVAILABLE, YOU
ACCEPT THAT THE TERMS OF THIS AGREEMENT APPLY TO SUCH UPDATED
SOFTWARE. REALVNC LIMITED (“REALVNC”) MAY MODIFY THESE TERMS AND
CONDITIONS AT ANY TIME. BY INSTALLING ANY UPDATED VERSION OF THE
SOFTWARE WHICH MAY BE MADE AVAILABLE, YOU ACCEPT THAT THE MODIFIED
TERMS OF THIS AGREEMENT APPLY TO SUCH UPDATED SOFTWARE.

1. In this Agreement 

   "Desktop" means a graphical user interface, whether accessible
   via a console attached to the Raspberry Pi Host, via the
   Software, or by any similar means.

   "Raspberry Pi License Key" means the License Key that is
   automatically provided to users of a Raspberry Pi Host running
   Raspbian August 2016, enabling enhanced functionality as
   described on the Website.

   "License Key" means a code obtained from RealVNC which enables
   the Software to be used.

   "Raspbian" means the Raspberry Pi Foundation's official
   supported operating system.

   "Raspbian August 2016" means the August 2016 version Raspbian.

   "Raspberry Pi Host" means the Raspberry Pi computer on which
   the Software is run. 

   "Raspbian Repositories" means the software package repositories
   that are maintained by the Raspberry Pi Foundation and made
   available for Raspbian.
 
   "Server Software" means VNC Server Version 5.3 or later of the
   programs available from the Website or Raspbian Repositories,
   including documentation, updates, modified versions and copies
   of the Server Software.

   "Services" means the support services set out in clause 5.

   "Software" means the Server Software and/or the Viewer
   Software.

   "Viewer Software" means VNC Viewer Version 5.3 or later of the
   programs available from the Website or Raspbian Repositories,
   including documentation, updates, modified versions and copies
   of the Viewer Software.

   "Website" means https://www.realvnc.com.

1. Raspberry Pi License

1.1 In consideration of you agreeing to comply with the terms of
    this Agreement, RealVNC grants you a perpetual, non-exclusive,
    worldwide, royalty-free, non-transferable (except as otherwise
    stated herein), non-sublicensable license (the "License") to 
    use the pre-installed Software and Raspberry Pi License Key on
    no more than 10 Desktops.

1.2 You are only permitted to use the Software for educational
    and non-commercial purposes. 

1.3 Notwithstanding 2.2, should you require the Software for
    commercial or corporate applications of any kind, you shall 
    first purchase a commercial software license, which shall be
    governed by separate licensing terms and conditions.

1.4 Except as expressly stated in this Agreement, RealVNC provides
    the Software "as is" and makes no representations or
    warranties of any kind in relation to the Software.
 
1.5 The Raspberry Pi License Key (as defined above) is available
    only on Raspbian August 2016 or later.  

1.6 You may make as many copies of the Server Software as you
    require and use the Server Software on your Raspberry Pi Host.
    You are expressly prohibited from transferring or distributing
    the Server Software in any format, in whole or in part, for
    sale, or for commercial use or for any unlawful purpose.

1.7 You may not rent, lease or otherwise transfer the Software or
    allow it to be copied except as expressly permitted under this
    Agreement. Unless permitted by law, you may not modify,
    reverse engineer, decompile or disassemble the Software or use
    any of the confidential information of RealVNC contained in or
    derived from the Software to develop or market any software
    which is substantially similar in its function or expression
    to any part of the Software.

1.8 You must treat the Software as RealVNC’s confidential
    information in accordance with the provisions of clause 5.

1.9 During the term of this Agreement and as long as you comply
    with the terms of this Agreement, you are granted a
    non-exclusive non-transferable non-sublicensable license to
    use the Viewer Software for your personal use or for the
    internal use of your business or organisation. You are
    expressly prohibited from transferring or distributing the
    Viewer Software in any format, in whole or in part, for sale,
    or for commercial use or for any unlawful purpose.

1.10 The Viewer Software is only warranted and supported to the
     extent it is used in conjunction with a licensed copy of the
     Server Software or of any other RealVNC Server product
     explicitly stated to qualify for use with the Viewer
     Software.

2. Intellectual Property Rights

2.1 The Software, its structure and algorithms, and the
    Information provided with the software or available on the 
    Website or Raspbian Repositories are protected by copyright
    and other intellectual property laws, and all intellectual
    property rights in them belong to RealVNC or are licensed to
    it. You may not reproduce, publish, transmit, modify, create
    derivative works from, or publicly display the Software or any
    part of it. Copying or storing or using the Software other
    than as permitted in this Agreement is expressly prohibited
    unless you obtain prior written permission from RealVNC.

3. Confidentiality

   Unless as may be required by law you shall keep confidential 
   all information supplied by RealVNC which is marked or asserted
   as confidential at the time of its disclosure, and shall not
   without the prior written consent of RealVNC use, make copies,
   or disclose to any third party the confidential information for
   any purpose whatsoever except for the purposes permitted or set
   out under this Agreement and only to the extent necessary for
   those purposes.

2. Support Services

2.1 In consideration of you agreeing to comply with the terms of
    this Agreement, during the term of this Agreement and as long
    as you comply with the terms of this Agreement, RealVNC will
    provide the following services (the "Services") to you in
    relation to the Software in accordance with the terms and
    conditions of this Agreement:

3.1.1 Provided you promptly notify RealVNC of any material defect
      in the Software (including, but not limited to, any corrupt
      download), RealVNC shall, subject to the following
      provisions, use its reasonable endeavours to rectify the
      reported problem and provide a corrected version as soon as
      reasonably practicable after being so notified.

3.1.2 Updates or improvements to the Software published by RealVNC
      shall be made available on the Website or Raspbian
      Repositories.

3.2 The Services do not include the correction of any defects due
to:-

3.2.1 any combination or inclusion of the Software with or in any
      computer program, equipment or devices not on the approved
      list on the Website;

3.2.2 you not giving RealVNC a sufficiently detailed description
      of the defect to enable RealVNC to identify the defect and
      to perform the Services;

3.2.3 any improper or unauthorised use or operation of the
      Software.

3.3 If a defect cannot be resolved in a reasonable time your
    exclusive remedy will be for RealVNC to at its sole option,
    replace the Software. 

3.4 The Services shall continue from the date of activation of the
    Software until terminated in accordance with clause 10.


3. Limited Warranty

3.1 RealVNC warrants to the original licensee that the Software
    will perform substantially in accordance with any
    documentation provided for it for 90 days from the date of
    activation of the Software when used on Raspberry Pi Hosts
    meeting the minimum hardware and software requirements
    specified on the Website.

3.2 If the Software does not perform according to the above
    warranty, then you must make a warranty claim in writing to
    RealVNC and your exclusive remedy will be for RealVNC to, at
    its sole option, replace the Software. 

3.3 This limited warranty applies only if any problem is reported
    to RealVNC during the above warranty period.  It is void if
    the failure of the Software is the result of accident, abuse,
    misapplication or inappropriate use of the Software or use
    with Raspberry Pi Hosts not meeting the minimum hardware and
    software requirements specified on the Website.


4. Limitation on Liability

   EXCEPT FOR THE EXPRESS WARRANTIES GIVEN IN THIS AGREEMENT, TO
   THE EXTENT PERMITTED BY LAW, REALVNC DISCLAIMS ALL WARRANTIES
   CONDITIONS OR REPRESENTATIONS ON THE SOFTWARE AND/OR SERVICES,
   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.

   TO THE EXTENT PERMITTED BY LAW REALVNC SHALL NOT BE LIABLE FOR
   ANY DIRECT, CONSEQUENTIAL INDIRECT OR INCIDENTAL LOSS, COSTS OR
   DAMAGES WHATSOEVER INCLUDING LOST PROFITS OR SAVINGS ARISING
   FROM THE SERVICES, THE USE OF THE SOFTWARE, RELIANCE ON THE
   DATA PRODUCED OR INABILITY TO USE THE SOFTWARE, OR REALVNC'S
   NEGLIGENCE (INCLUDING LOSS OR DAMAGE TO YOUR (OR ANY OTHER
   PERSON'S) DATA OR COMPUTER PROGRAMS) EVEN IF REALVNC HAS BEEN
   ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. REALVNC’S LIABILITY
   UNDER OR IN CONNECTION WITH THIS AGREEMENT SHALL BE LIMITED TO
   THE AMOUNT PAID FOR THE SOFTWARE, IF ANY.

   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. RealVNC is a Limited company in England
   and Wales.

6. Term and Termination

6.1 The License 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.

6.2 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 non- 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 Despite anything else contained in this Agreement, neither
    party will be liable for any delay in performing its
    obligations under this Agreement if that delay is caused by
    circumstances beyond its reasonable control (including,
    without limitation, any delay caused by an act or omission of
    the other party) and the party affected will be entitled to a
    reasonable extension of time for the performance of its
    obligations.

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

7.5 You may not assign, subcontract, sublicense or otherwise
    transfer any of your rights or obligations under this
    Agreement. RealVNC may assign all or part of the benefits or
    all or part of its obligations under this Agreement to any
    affiliated company.

7.6 This Agreement constitutes the entire agreement between you
    and RealVNC in relation to the provision of the Software or
    the Services.


Version 2.1, July 2016

