KASM WORKSPACES END USER LICENSE AGREEMENT 

BY DOWNLOADING, INSTALLING, OR USING THE SOFTWARE, YOU AGREE TO THE TERMS OF 
THIS END USER LICENSE AGREEMENT (“EULA”). IF YOU DO NOT AGREE TO THESE TERMS, YOU 
MUST NOT DOWNLOAD, INSTALL, OR USE THE SOFTWARE, AND YOU MUST DELETE THE 
SOFTWARE AND REQUEST A REFUND OF THE LICENSE FEE. 

1. DEFINITIONS 

1.1.  “Documentation” means that documentation that is generally provided to You by Kasm 
Technologies with the Software and which may include end user manuals, operation instructions, 
installation guides, release notes, and on-line help files regarding the use of the Software. 

1.2.  “Kasm Technologies” means Kasm Technologies Inc, a Virginia corporation, located at 1765 
Greensboro Station Place STE 900, MCLEAN, VA 22102.  

1.3.  “License” means a license granted under Section 2.1 (General License Grant).  

1.4.  “Open-Source Software” or “OSS” means software components embedded in the Software 
and provided under separate license terms, which can be found in the open_source_licenses.txt file 
provided within the Software. 

1.5.  “Order” means a purchase order, enterprise license agreement, or other ordering document 
issued by You to Kasm Technologies or a Kasm Technologies authorized reseller that references and 
incorporates this EULA and is accepted by Kasm Technologies. No Orders are binding on Kasm 
Technologies until accepted by Kasm Technologies. 

1.6.  “Software” means the Kasm Technologies computer programs to which You acquire a license 
under an Order, together with any software code pursuant to a support and/or subscription service 
contract and that is not subject to a separate license agreement.  

1.7.  “You” means the individual, company or other legal entity using the software. 

2. LICENSE GRANT 

2.1.  General License Grant. Kasm Technologies grants to You a non-exclusive, non-transferable  
license to use the Software and Documentation for the duration of the license solely for Your 
business operations, and subject to the provisions of your Order, Documentation and related support 
agreements. 

2.2. Community Edition Restrictions. The Community Edition of the Kasm Workspaces license is 
restricted to the following usage and may not be used for revenue-generating business activities. 
Notwithstanding any other provision in this EULA, the Community Edition License of the Software is 
provided “AS-IS” without indemnification, support or warranty of any kind, expressed or implied. 

2.2.1.  Evaluation. Temporary usage of the Software to validate business requirements. 

2.2.2.  Personal/Home. For use by an individual/household for personal, non-business activities.  

2.2.3.  Non-Profit. For use by non-profit organizations or researchers.  

2.3.  Software Support and Subscriptions. Except as expressly specified in your software Order, 
Kasm Technologies does not provide any support or subscription services for the Software under this 
EULA. You have no rights to any updates, upgrades or extensions or enhancements to the Software 
developed by Kasm Technologies other than those defined in a separate software license Order. 

2.4.  Software Updates. The Software may be updated with enhancements or improvements to the 
features/functionality, which may include patches, bug fixes, updates, upgrades and other 
modifications. Updates may modify or delete certain features and/or functionalities of the Software. 
You agree that Kasm Technologies has no obligation to (i) provide any Updates, or (ii) continue to 
provide Software features and/or functionalities. 

2.5.  Third Party Agents. Under the License You may permit Your third-party agents to access, use 
and/or operate the Software on Your behalf for the sole purpose of delivering services to You, 
provided that You will be fully responsible for compliance with terms and conditions of this EULA and 
any breach of this EULA by a third-party agent shall be deemed to be a breach by You.  

2.6.  Open-Source Software. Notwithstanding anything herein to the contrary, Open-Source 
Software is licensed to You under such OSS’s own applicable license terms. These OSS license 
terms are consistent with the license granted in this Section. The OSS license terms shall take 
precedence over this EULA to the extent that this EULA imposes greater restrictions on You than the 
applicable OSS license terms. To the extent the license for any Open-Source Software requires 
Kasm Technologies to make available to You the corresponding source code and/or modifications, 
You may obtain a copy of the applicable Source Files.  

3. RESTRICTIONS OF OWNERSHIP 

3.1.  License Restrictions. Without Kasm Technologies’ prior written consent, You must not, and 
must not allow any third-party to: (a) use Software in an application services provider except that You 
may use the Software to deliver hosted services to Your affiliates; (b) make available Software in any 
form to anyone other than Your employees, except as specified in Section 2.5 (Third Party Agents); 
(c) transfer or sublicense Software or Documentation to an affiliate or any third party; (d) use 
Software in conflict with the terms and restrictions of the Software’s licensing model and other 
requirements specified in Documentation and/or Order; (e) except to the extent permitted by 
applicable mandatory law, modify, translate, enhance, or create derivative works from the Software, 
or reverse engineer, decompile, or otherwise attempt to derive source code from the Software; or (f) 
violate or circumvent any technological restrictions within the Software or specified in this EULA.  

3.2.  Ownership. The Software and Documentation and all improvements, enhancements, 
modifications and derivative works thereof, and all Intellectual Property Rights therein, are and shall 
remain the sole and exclusive property of Kasm Technologies. Intellectual property rights, including 
without limitation, copyrights, trademarks, service marks, trade secrets, know how, inventions, 
patents, patent applications, moral rights and all other proprietary rights, whether registered or 
unregistered. Your rights to use the Software and Documentation shall be limited to those expressly 
granted in this EULA and any applicable Order. No other rights with respect to the Software or any 
related Intellectual Property Rights are implied. You are not authorized to use (and shall not permit 
any third party to use) the Software, Documentation or any portion thereof except as expressly 
authorized by this EULA or the applicable Order. Kasm Technologies reserves all rights not expressly 
granted to You. 

3.3. Third Party Software. You acknowledge that You are responsible for obtaining and complying 
with any licenses necessary to integrate, orchestrate or access all third-party software used within the 
Software.

3.4. Software Feedback. Feedback, bug reports, enhancements or recommendations provided by
You to Kasm Technologies for the purpose of improving the Software shall become exclusively 
owned by Kasm Technologies and may be used/redistributed without compensation to the source of 
the submission. 

4. CONTENT AND USAGE 

4.1.  Software Usage Responsibility. Kasm Technologies is not responsible for the information, 
content and activities of the Software users. You understand and agree that You are solely 
responsible for the content and for all activity that occurs under your Software, whether done so by 
You or any third person. 

4.2.  Content and Usage Disclaimer. Kasm Technologies does not control or restrict content or 
activities by users and/or third parties within the Software, you agree to use the Software at your own 
risk. You agree that under no circumstances will Kasm Technologies be liable in any way for any 
content within the Software, activities performed using the Software, or any loss or damage incurred 
as a result of your use of the Software. 

5. WARRANTIES 

5.1.  Software Warranty, Duration and Remedy. Kasm Technologies warrants to You that the 
Software will, for a period of ninety (90) days following notice of availability for electronic download or 
delivery (“Warranty Period”), substantially conform to the applicable Documentation, provided that 
the Software: (a) has been properly installed and used at all times in accordance with the applicable 
Documentation; and (b) has not been modified or added to by persons other than Kasm Technologies 
or its authorized representative. Kasm Technologies will provide remedy for any breach of this 
warranty, either replace that Software or correct any reproducible error in that Software reported to 
Kasm Technologies by You in writing during the Warranty Period. If Kasm Technologies determines 
that it is unable to correct the error or replace the Software, Kasm Technologies will refund to You the 
amount paid by You for that Software, in which case the License for that Software will terminate.  

5.2.  Software Disclaimer of Warranty. Other than the warranty above, and to the maximum extent 
permitted by applicable law, Kasm Technologies and its suppliers make no other express warranties 
or guarantees under this EULA, and disclaim all implied warranties of merchantability, fitness for a 
particular purpose, title and non-infringement, and any warranty arising by statute, operation of law, 
course of dealing or performance, or usage of trade. Kasm technologies and its licensors do not 
warrant that the software will operate uninterrupted or that it will be free from defects or that it will 
meet your requirements. 

6. INTELLECTUAL PROPERTY INDEMNIFICATION 

6.1.  Defense and Indemnification. Kasm Technologies shall defend You against any third party 
claim that the Software infringes any patent, trademark or copyright of such third party, or 
misappropriates a trade secret (but only to the extent that the misappropriation is not a result of Your 
actions) and indemnify You from the resulting costs and damages finally awarded against You to 
such third party by a court of competent jurisdiction or agreed to in settlement. The foregoing 
obligations are applicable only if You: (i) promptly notify Kasm Technologies in writing of the 
Infringement Claim; (ii) allow Kasm Technologies sole control over the defense for the claim, any 
settlement negotiations and any related action challenging the validity of the allegedly infringed 
patent, trademark, or copyright; and (iii) reasonably cooperate in response to Kasm Technologies 
requests for assistance. You may not settle or compromise any Infringement Claim without the prior 
written consent of Kasm Technologies.  

6.2.  Remedies. If the alleged infringing Software become, or in Kasm Technologies’ opinion be likely 
to become, the subject of an Infringement Claim, Kasm Technologies will, at Kasm Technologies’ 
option and expense, do one of the following: (a) procure the rights necessary for You to make 
continued use of the affected Software; (b) replace or modify the affected Software to make it non-
infringing; or (c) terminate the License to the affected Software and discontinue the related support 
services, and, upon Your certified deletion of the affected Software, refund: (i) the fees paid by You 
for the License to the affected Software, less straight-line depreciation over a three (3) year useful life 
beginning on the date such Software was delivered; and (ii) any pre-paid service fee attributable to 
related support services to be delivered after the date such service is stopped.  

6.3.  Exclusions. Notwithstanding the foregoing, Kasm Technologies will have no obligation under 
this Section 8 (Intellectual Property Indemnification) or otherwise with respect to any claim based on: 
(a) a combination of Software with non-Kasm Technologies products (other than non-Kasm 
Technologies products that are listed on the Order and used in an unmodified form); (b) use for a 
purpose or in a manner for which the Software was not designed; (c) use of any older version of the 
Software when use of a newer Kasm Technologies version would have avoided the infringement; (d) 
any modification to the Software made without Kasm Technologies’ express written approval; (e) any 
claim that relates to open source software or freeware technology or any derivatives or other 
adaptations thereof that is not embedded by Kasm Technologies into Software; or (f) any Software 
provided on a no charge or evaluation basis. This Section 8 (intellectual property indemnification) 
states your sole and exclusive remedy and Kasm Technologies’ entire liability for any infringement 
claims or actions.  

7. LIMITATION OF LIABILITY 

7.1.  Limitation of Liability. To the maximum extent mandated by law, in no event will Kasm 
Technologies and its licensors be liable for any lost profits or business opportunities, loss of use, loss 
of revenue, loss of goodwill, business interruption, loss of data, or any indirect, special, incidental, or 
consequential damages under any theory of liability, whether based in contract, tort, negligence, 
product liability, or otherwise. Because some jurisdictions do not allow the exclusion or limitation of 
liability for consequential or incidental damages, the preceding limitation may not apply to you. Kasm 
Technologies’ and its licensors’ liability under this EULA will not, in any event, regardless of whether 
the claim is based in contract, tort, strict liability, or otherwise, exceed the greater of the license fees 
you paid for the software giving rise to the claim or $100. The foregoing limitations shall apply 
regardless of whether Kasm Technologies or its licensors have been advised of the possibility of such 
damages and regardless of whether any remedy fails of its essential purpose. You may not bring a 
claim under this EULA more than twelve (12) months after the cause of action arises. 

7.2.  Indemnification. You agree to indemnify and hold Kasm Technologies and its parents, 
subsidiaries, affiliates, officers, employees, agents, partners and licensors (if any) harmless from any 
claim or demand, including reasonable attorneys' fees, due to or arising out of your: (a) use of the 
Software; (b) violation of this agreement or any law or regulation; or (c) violation of any right of a third 
party. 

8. TERMINATION.  

8.1.  EULA Term. The term of this EULA begins on the notice of availability for electronic download 
or delivery of the Software and continues until this EULA is terminated.  

8.2.  Termination for Breach. Kasm Technologies may terminate this EULA effective immediately 
upon written notice to You if: (a) You fail to pay any portion of the fees under an applicable Order 
within ten (10) days after receiving written notice from Kasm Technologies that payment is past due; 
or (b) You breach any other provision of this EULA and fail to cure within thirty (30) days after receipt 
of Kasm Technologies’ written notice thereof.  

8.3.  Termination for Insolvency. Kasm Technologies may terminate this EULA effective 
immediately upon written notice to You if You: (a) terminate or suspend your business; (b) become 
insolvent; or become subject to control of a trustee or similar authority; or (c) become subject to a 
bankruptcy or insolvency proceeding.  

8.4.  Effect of Termination. Upon Kasm Technologies’ termination of this EULA: (a) all Licensed 
rights to all Software granted to You under this EULA will immediately cease; and (b) You must cease 
all use of all Software, and certify destruction of all Software, confidential information, and license 
keys. 

9. CONFIDENTIAL INFORMATION 

9.1.  “Confidential Information” means information or materials provided by one party (“Discloser”) 
to the other party (“Recipient”) which are in tangible form and labelled “confidential” or the like, or, 
information which a reasonable person knew or should have known to be confidential. The following 
information shall be considered Confidential Information whether or not marked or identified as such: 
(a) license keys; (b) information regarding Kasm Technologies’ pricing, product roadmaps or strategic 
marketing plans; and (c) non-public materials relating to the Software.  

9.2.  Protection. Recipient may use Confidential Information of Discloser; (a) to exercise its rights 
and perform its obligations under this EULA; or (b) in connection with the parties’ ongoing business 
relationship. Recipient will not use any Confidential Information of Discloser for any purpose not 
expressly permitted by this EULA and will disclose the Confidential Information of Discloser only to 
the employees or contractors of Recipient who have a need to know such Confidential Information for 
purposes of this EULA and who are under a duty of confidentiality no less restrictive than Recipient’s 
duty hereunder. Recipient will protect Confidential Information from unauthorized use, access, or 
disclosure in the same manner as Recipient protects its own confidential or proprietary information of 
a similar nature but with no less than reasonable care.  

9.3. Data Privacy. You agree that Kasm Technologies may process technical and related information 
about Your use of the Software which may include internet protocol address, hardware identification, 
operating system, application software, peripheral hardware, and non-personally identifiable Software 
usage statistics to facilitate the provisioning of updates, support, invoicing or online services. 

10. GENERAL 

10.1.  Transfers & Assignment. Except to the extent transfer may not legally be restricted, You will 
not assign this EULA, any Order, or any right or obligation herein or delegate any performance 
without Kasm Technologies’ prior written consent, which consent will not be unreasonably withheld. 
Kasm Technologies may use sufficiently qualified subcontractors to provide services to You, provided 
that Kasm Technologies remains responsible to You for the performance of the services.  

10.2.  Waiver. The failure to exercise a right or to require performance of an obligation under this 
Agreement shall not effect a party's ability to exercise such right or require such performance at any 
time thereafter nor shall be the waiver of a breach constitute a waiver of any subsequent breach.  

10.3.  Severability. If any provision of this Agreement is held to be unenforceable or invalid, such 
provision will be changed and interpreted to accomplish the objectives of such provision to the 
greatest extent possible under applicable law and the remaining provisions will continue in full force 
and effect.  

10.4.  Compliance with Laws; Export Control; Government Regulations. Each party shall comply 
with all laws applicable to the actions contemplated by this EULA. You acknowledge that the Software 
is of United States origin, is provided subject to the U.S. Export Administration Regulations, may 
be subject to the export control laws of the applicable territory, and that diversion contrary to applicable 
export control laws is prohibited. You represent that (1) you are not, and are not acting on behalf of, 
(a) any person who is a citizen, national, or resident of, or who is controlled by the government of any 
country to which the United States has prohibited export transactions; or (b) any person or entity 
listed on the U.S. Treasury Department list of Specially Designated Nationals and Blocked Persons, 
or the U.S. Commerce Department Denied Persons List or Entity List; and (2) you will not permit the 
Software to be used for, any purposes prohibited by law, including, any prohibited development, 
design, manufacture or production of missiles or nuclear, chemical or biological weapons. The 
Software and accompanying documentation are deemed to be “commercial computer software” and 
“commercial computer software documentation”, respectively, pursuant to DFARS Section 227.7202 
and FAR Section 12.212(b), as applicable. Any use, modification, reproduction, release, performing, 
displaying or disclosing of the Software and documentation by or for the U.S. Government shall be 
governed solely by the terms and conditions of this EULA.  

10.5.  Governing Law. This EULA is governed by the laws of the State of Virginia, United States of 
America (excluding its conflict of law rules), and the federal laws of the United States. The state and 
federal courts located in Virginia will be the exclusive jurisdiction for disputes. 

10.6.  Order of Precedence. In the event of conflict or inconsistency among this EULA and the 
Order, the terms of this EULA shall supersede and control over any conflicting or additional terms and 
conditions of any order, acknowledgement or confirmation or other document issued by You.  

10.7. Entire Agreement. This EULA, including accepted Orders and any amendments, contain the 
entire agreement of the parties with respect to this EULA and supersede all previous or 
contemporaneous communications, representations, proposals, commitments, understandings and 
agreements, whether written or oral, between the parties. 

10.8. Contact Information. Please direct legal notices or other correspondence to: 
contracts@kasmweb.com 
Kasm Technologies 
1765 Greensboro Station Place STE 900 
McLean, Virginia 22102 
United States of America 
