These terms of service (the “Terms”) govern your access to and use of LEAFOS (the “Products” or “Product”) and services (the “Services”). By using the Products and Services, you agree to be bound by these Terms. You may use the Products and Services only in compliance with these Terms. The Terms of Service for the Products and Services may change over time at our discretion without prior notice as we refine and add/remove features.
Acceptable Use Policy
You will not, and will not attempt to, misuse the Products and Services, including but not limited to:
- Attack or hack any website(s) or user(s).
- Conduct any illegal activities, e.g., copyright infringement.
- Publish, copy (other than the permitted backup copy), rent, lease, or lend the software (except as permitted by us in written consent);
- Work around any technical restrictions or limitations in the software;
- Reverse engineer, decompile, or disassemble the Products and Services, or attempt to do so, except and only to the extent that the foregoing restriction is (a) permitted by applicable law; (b) permitted by licensing terms governing the use of open-source components that may be included with the software.
Software License and Update
Our Services require you to download client Products. NComputing hereby grants you a limited, nonexclusive, nontransferable, revocable license to use the Products, solely to access the Services. Your license to use the Products is automatically revoked if you violate the Terms. Our Services may update the Products on your devices automatically when new versions are available. Afterwards, old versions of the Products may not be supported after the transition period. It is possible that paid Products are retired and license purchases are purged.
The license may be provided with a defined expiration date or designated as “perpetual”. A “perpetual” license provides use of the Product for 10 years from the date of first activation.
The client Product must be activated using a license provided by NComputing. The license permits use of the Product exclusively on the activated computer. The Product may be used on the activated computer for the duration of the term of the license provided or, in the case of a “perpetual” term, for 10 years after the date of activation.
The “perpetual” Product license comes bundled with a 1 year annual software maintenance support (AMP) license. The AMP license must be renewed each year for continued support and software updates. An active software update license for Client Devices must be maintained to receive the described benefits. Renewing an expired software update license is applied retroactively to the date that the previous license expired.
After activation, the device upon which the Product has been activated must be registered to the customer account in the NComputing Management Portal to be eligible for support and software updates.NComputing may permit transfer of the Product license to another computer under the following conditions:
- You warrant that the original device upon which the Product license was activated is no longer functional
- Your request to transfer the Product “perpetual” license is within 3 years of the activation date of the original device. This restriction does not apply to subscription licenses.
- The original device is registered to your NComputing Management Portal customer account
- The device to which you want to transfer the Product license is registered to your NComputing Management Portal customer account
NComputing reserves the right to charge a processing fee for Product license transfer requests.
The transfer of the Product license to a different computer will not alter the expiration date based on the term of the originally provided license.
Communications
You may receive promotional content from NComputing or its affiliate entities while using our products to advise for the update or renewal.
Termination
We reserve the right to suspend or end the Products and Services at any time, with or without cause, and with or without notice. We may revoke your license if you violate the Terms, disrupt other users, or cause us legal liability if we do not stop your usage.
Products and Services are provided “AS-IS”
THE PRODUCTS AND SERVICES ARE PROVIDED “AS IS”, AT YOUR OWN RISK, WITHOUT EXPRESS OR IMPLIED WARRANTY OR CONDITION OF ANY KIND. WE ALSO DISCLAIM ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT.
Limitations of Liability
IN NO EVENT WILL LEAFOS, ITS AFFILIATES, OFFICERS, EMPLOYEES, SUPPLIERS OR LICENSORS BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, EXEMPLARY OR CONSEQUENTIAL DAMAGES.