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Code Editor : copyright

VNC CONNECT END USER LICENSE AGREEMENT

IN ORDER TO RETAIN THE SERVICES (AS DEFINED BELOW) 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. DEFINITIONS

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.

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

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

“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.

“Raspbian” means the Raspberry Pi Foundation’s official
   supported operating system.

“Raspbian August 2016” means the August 2016 version Raspbian.

“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 6.0 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.

“Subscription” means a subscription purchased for or
   by you and/or obtained from RealVNC that enables the Software.

“Viewer Software” means VNC Viewer Version 6.0 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 and associated web
   applications.

2. RASPBERRY PI LICENSE

2.1 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.

2.2 If the Software is used with a Subscription, the licence to
    use the Software will instead be granted on the terms of the
    End User License Agreement for VNC Connect, available on the
    Website.

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

2.4 Notwithstanding 2.3, 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.

2.5 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.

2.6 The Raspberry Pi License Key (as defined above) is available
    only on Raspbian August 2016 or later.

2.7 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, for commercial use, or for any unlawful
    purpose.

2.8 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.

2.9 You must treat the source code of the Software as RealVNC’s
    confidential information in accordance with the provisions of
    clause 4

2.10 During the term of this Agreement and as long as you comply
     with the terms of this Agreement, RealVNC, on behalf of
     itself, its subsidiaries and any licensors, hereby grants to
     you a non-exclusive, worldwide, 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, for commercial use,
     or for any unlawful purpose.

2.11 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.

2.12 You are expressly prohibited from sub-licensing the licences
     granted to you pursuant to clauses 2.1 and 2.10.

3. INTELLECTUAL PROPERTY RIGHTS

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.

4. 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.

5. SUPPORT SERVICES

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

5.1.1 provided that you promptly notify RealVNC of any material
      defect in the Software (including, but not limited to, any
      corrupt download), RealVNC shall, subject to clause 5.2,
      use its reasonable endeavours to rectify the reported
      problem and provide a corrected version as soon as
      reasonably practicable after being so notified; and

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

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

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

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

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

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

5.4 The Services shall continue from the date of activation of
    the Software until terminated in accordance with clause 9.

6. LIMITED WARRANTY

6.1 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	(the “Warranty Period”) when used
    on Raspberry Pi Hosts meeting the minimum hardware and
    software requirements specified on the Website.

6.2 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.

6.3 This limited warranty set out in clause 6.1 applies only if
    any problem is reported in writing 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 Raspbery Pi
    Hosts not meeting the minimum hardware and software
    requirements specified on the Website.

7. LIMITATION ON LIABILITY

7.1 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.

7.2 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.

7.3 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.

8. EXPORT CONTROL

8.1 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.

9. TERM AND TERMINATION

9.1 This 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.

9.2 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.

10. GENERAL TERMS

10.1 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.

10.2 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.

10.3 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.

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

10.5 You may not assign, subcontract, sublicense or otherwise
     transfer any of your rights or obligations under this
     Agreement.

10.6 RealVNC may assign all or part of the benefits or all or
     part of  its obligations under this Agreement to any
     affiliated company.

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

Version 4.0-raspi  October 2017

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Code Editor : copyright