{
  "key": "vnc-viewer-ios",
  "short_name": "VNCViewer iOS EULA",
  "name": "VNCViewer for iOS EULA",
  "category": "Commercial",
  "owner": "RealVNCLimited",
  "homepage_url": "https://www.realvnc.com/products/ios/licensing.pdf",
  "spdx_license_key": "LicenseRef-scancode-vnc-viewer-ios",
  "ignorable_emails": [
    "iphone-support@realvnc.com"
  ],
  "text": "VNCViewer for iOS END-USER LICENCE AGREEMENT \n\nIMPORTANT INFORMATION: PLEASE READ THIS AGREEMENT CAREFULLY BEFORE \nDOWNLOADING, INSTALLING, AND/OR USING THIS SOFTWARE. BY DOWNLOADING, \nINSTALLING AND/OR USING THE SOFTWARE, YOU ACCEPT AND ACKNOWLEDGE THAT YOU \nHAVE READ, AND UNDERSTAND, THE TERMS AND CONDITIONS OF THIS LICENSE \nAGREEMENT WITH REALVNC LIMITED (\"REALVNC\"), AND AGREE TO BE BOUND BY ITS \nTERMS AND CONDITIONS. BY USING ANY UPDATED VERSION OF THE SOFTWARE WHICH \nMAY BE MADE AVAILABLE, YOU ACCEPT THAT THE TERMS OF THIS AGREEMENT APPLY TO \nSUCH UPDATED SOFTWARE. IF YOU DO NOT AGREE TO ALL OF THE TERMS AND \nCONDITIONS OF THIS AGREEMENT, STOP NOW AND DO NOT PROCEED TO DOWNLOAD, \nINSTALL AND/OR USE THE SOFTWARE. \n\nThis Software Agreement (\"Agreement\") is between You (either an individual or an entity) (\"the End \nUser\" or \"You\") and RealVNC Limited (\"RealVNC\") only. You acknowledge that this Agreement is a \nbinding agreement between you and RealVNC only, and not with Apple. You acknowledge that you \nare purchasing the license to the Software from RealVNC; Apple is acting as agent for RealVNC in \nproviding the Software to you; Apple is not a party to the license between you and RealVNC with \nrespect to the Software. RealVNC, not Apple, is solely responsible for the Software and the content \nthereof. \n\nThis Agreement authorises You to use the VNC Viewer Software for iOS (\"The Software\"), which may \nbe delivered to You by electronic mail, physical means, such as CD-ROM or memory stick, \ndownloaded from an authorised online reseller\u2019s Web pages or Servers or from other sources under \nthe terms and conditions set forth below together with any licence key for such Software. This is an \nagreement on end-user rights and not an agreement for sale. RealVNC continues to own the copy of \nthe Software and the physical media and any other copy that You are authorised to make pursuant to \nthis Agreement. \n\n1. INTELLECTUAL PROPERTY RIGHTS \n1.1 The Software, its structure, organisation and algorithms are valuable trade secrets and \nconfidential information and are protected by copyright and other intellectual property laws, and all \nintellectual property rights in them belong to RealVNC Limited (\"RealVNC\"), or are licensed to it. You \nmust not copy the Software, except as set forth in clause 2 (Permitted End-User Rights and \nLimitations on Use). Any copies which You are permitted to make pursuant to this Agreement must \ncontain the same copyright and other proprietary notices that appear on the Software. \n\n1.2 RealVNC and You acknowledge that, in the event of any third party claim that the Software or \nyour possession and use of the Software infringes that third party\u2019s intellectual property rights, \nRealVNC, and not Apple, will be solely responsible for the investigation, defense, settlement and \ndischarge of any such intellectual property infringement claim subject to Clause 5. \n\n2. PERMITTED END-USER RIGHTS AND LIMITATIONS ON USE \n2.1 During the term of this Agreement and as long as you comply with the terms of this Agreement \nRealVNC hereby grants You the non-exclusive, non-transferable end-user rights to install and use \none copy of the Software solely and exclusively for your use on any Apple iPhone, iPad or iPod touch \nthat you own or control and as permitted by the Usage Rules set forth in the App Store Terms of \nService. \n\n2.2 You may not reproduce, publish, transmit, modify, reverse engineer, reverse compile, \ndisassemble, or otherwise attempt to discover the source code of the Software (except to the extent \nthat this restriction is expressly prohibited by law) or create derivative works from, or publicly display \n\nthe Software or part thereof. Copying or storing or using the Software other than as permitted in \nClause 2.1 is expressly prohibited unless you obtain prior written permission from RealVNC. \nYou are expressly prohibited from distributing the Software in any format, in whole or in part, for sale, \nor for commercial use or for any unlawful purpose. You may not rent, lease or otherwise transfer the \nSoftware or allow it to be copied. \n\n2.3 In the case of any conflict between this Clause 2 and the Usage Rules set forth in the App Store \nTerms of Service, the App Store Terms of Service shall take precedence. \n\n3. LIMITED WARRANTY \n3.1 RealVNC, and not Apple, is solely responsible for any product warranties, whether express or \nimplied by law, to the extent not effectively disclaimed. RealVNC warrants to the original licensee that \nthe Software will perform substantially in accordance with any documentation provided for it for 90 \ndays following first use when used on Host Systems meeting the minimum hardware and software \nrequirements specified on the RealVNC website. \n\n3.2 This limited Warranty applies only if any problem is reported to RealVNC during the above \nwarranty period. It is void if the failure of the Software is the result of accident, abuse, misapplication \nor inappropriate use of the Software or use with Host Systems not meeting the minimum hardware \nand software requirements specified. The developer is RealVNC Limited a UK company based at \nBetjeman House, 104 Hills Road, Cambridge, CB2 1LQ, UK. Contactable at, telephone: +44 1223 \n310400, email support: iphone-support@realvnc.com, where any such questions, complaints or \nclaims in respect of the Software should be reported. \n\n3.3 In the event of any failure of the Software to conform to the warranty, You may notify Apple, and \nApple will refund the purchase price for the Software to You; and to the maximum extent permitted by \napplicable law, Apple will have no other warranty obligation whatsoever with respect to the Software, \nand any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to \nconform to any warranty will be RealVNC\u2019s sole responsibility in accordance with this Agreement. \n\n4. SUPPORT AND MAINTENANCE \nRealVNC, and not Apple, is solely responsible for providing any maintenance and support services \nwith respect to the Software, as specified herein, or as required under applicable law. RealVNC and \nYou acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support \nservices with respect to the Software. \n\n5. LIMITATION ON LIABILITY \nEXCEPT FOR THE EXPRESS WARRANTIES GIVEN IN THIS AGREEMENT, TO THE EXTENT \nPERMITTED BY LAW, REALVNC DISCLAIMS ALL WARRANTIES ON THE SOFTWARE, EITHER \nEXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF \nMERCHANTABILITY, NON-INFRINGEMENT OF THIRD PARTY RIGHTS AND FITNESS FOR \nPARTICULAR PURPOSE. TO THE EXTENT PERMITTED BY LAW REALVNC SHALL NOT BE \nLIABLE FOR ANY DIRECT, CONSEQUENTIAL INDIRECT OR INCIDENTAL LOSS OR DAMAGES \nWHATSOEVER INCLUDING LOST PROFITS OR SAVINGS ARISING OUT OF THE USE OF THE \nSOFTWARE, RELIANCE ON THE DATA PRODUCED OR INABILITY TO USE THE SOFTWARE \n(INCLUDING LOSS OR DAMAGE TO YOUR (OR ANY OTHER PERSON'S) DATA OR COMPUTER \nPROGRAMS) EVEN IF REALVNC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH \nDAMAGES. \n\nNOTHING IN THIS AGREEMENT LIMITS LIABILITY FOR DEATH OR PERSONAL INJURY \nARISING FROM A PARTY'S NEGLIGENCE OR FROM FRAUDULENT MISREPRESENTATION ON \nTHE PART OF A PARTY. NOTHING IN THIS AGREEMENT LIMITS RealVNC\u2019S LIABILITY TO YOU \nBEYOND WHAT IS PERMITTED BY APPLICABLE LAW. \n\nYou acknowledge that RealVNC, and not Apple, are responsible for addressing any claims You or \nany third-parties may have relating to the Software or your possession and/or use of that Software, \nincluding but not limited to: (i) product liability claims; (ii) any claim that the Software fails to conform \nto any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or \nsimilar legislation. \n\n6. EXPORT CONTROL \nThe United States and other countries control the export of Software and information. You are \nresponsible for compliance with the laws of your local jurisdiction regarding the import, export or reexport \nof the Software, and agree to comply with such restrictions and not to export or re-export the \nSoftware where this is prohibited. By downloading the Software, you are agreeing that you are not a \nperson or entity to which such export is prohibited. RealVNC is a Limited company registered in \nEngland. You represent and warrant that (i) you are not located in a country that is subject to a U.S. \nGovernment embargo, or that has been designated by the U.S. Government as a \"terrorist \nsupporting\" country; and (ii) You are not listed on any U.S. Government list of prohibited or restricted \nparties. \n\n7. TERM AND TERMINATION \nThis licence shall continue in force unless and until it is terminated by RealVNC by e-mail notice to \nyou, if it reasonably believes that you have breached a material term of this Agreement. In the case \nabove, you must delete and destroy all copies of the Software in your possession and control and \noverwrite any electronic memory or storage locations containing the Software. \n\n8. GENERAL TERMS \n8.1 The construction, validity and performance of this Agreement shall be governed in all respects by \nEnglish law, and the Parties agree to submit to the non-exclusive jurisdiction of the English courts. \n\n8.2 If any provision of this Agreement is found to be invalid by any court having competent jurisdiction, \nthe invalidity of such provision shall not affect the validity of the remaining provisions of this \nagreement, which shall remain in full force and effect. \n\n8.3 Despite anything else contained in this Agreement, neither party will be liable for any delay in \nperforming its obligations under this Agreement if that delay is caused by circumstances beyond its \nreasonable control (including, without limitation, any delay caused by an act or omission of the other \nparty) and the party affected will be entitled to a reasonable extension of time for the performance of \nits obligations. \n\n8.4 No waiver of any term of this Agreement shall be deemed a further or continuing waiver of such \nterm or any other term. \n\n8.5 You may not assign, subcontract, sublicense or otherwise transfer any of your rights or obligations \nunder this Agreement. \n\n8.6 This Agreement constitutes the entire agreement between You and RealVNC. \n\n8.7 You acknowledge and agree that Apple, and Apple\u2019s subsidiaries, are third party beneficiaries of \nthis Agreement, and that, upon your acceptance of the terms and conditions of this Agreement, Apple \nwill have the right (and will be deemed to have accepted the right) to enforce this Agreement against \nYou as a third party beneficiary thereof. \n\n\nVNC is a registered trademark of RealVNC Ltd. in the U.S. and in other countries."
}