| END USER LICENSE AGREEMENT |
| FOR VMWARE(TM) DESKTOP SOFTWARE PRODUCT |
| |
| |
| VMWARE, INC. LICENSES THIS DESKTOP SOFTWARE PRODUCT TO YOU SUBJECT TO |
| YOUR ACCEPTANCE OF ALL OF THE TERMS CONTAINED IN THIS END USER LICENSE |
| AGREEMENT ("EULA"). READ THE TERMS OF THIS EULA CAREFULLY. IF YOU DO |
| NOT ACCEPT THIS AGREEMENT AND YOU HAVE PROOF OF PAYMENT, YOU MAY RETURN |
| THE UNOPENED SOFTWARE TO THE LOCATION AT WHICH YOU ACQUIRED IT WITHIN |
| THIRTY (30) DAYS FOR A REFUND OF THE LICENSE FEE. IF YOU ARE VIEWING |
| THIS EULA ELECTRONICALLY, SELECT THE "YES" BUTTON AT THE BOTTOM OF THIS |
| PAGE TO INDICATE YOUR AGREEMENT TO THE TERMS OF THIS EULA. IF YOU ARE NOT |
| WILLING TO BE BOUND BY ITS TERMS, SELECT THE "NO" BUTTON AT THE BOTTOM OF |
| THIS PAGE AND THE REGISTRATION OR INSTALLATION PROCESS WILL NOT CONTINUE. |
| |
| NOTICE TO CUSTOMER |
| If you do not agree to the terms of this EULA, do not install, activate, |
| or use this software. This EULA is a contract between you (either an |
| individual or an entity) and VMware, Inc. ("VMware"), which governs |
| your use of the VMware software product that accompanies this EULA |
| and related software components, which may include associated media, |
| printed materials, and online or electronic documentation. |
| |
| DEFINITIONS |
| In this EULA, the Desktop software and associated media, printed |
| materials, and online or electronic documentation are collectively |
| referred to as the "Software." When installed, the Software enables |
| you to run one or more instances of third-party operating systems |
| ("Guest Operating Systems") and applications on a single computer system. |
| A software activation file and a serial number ("Software License Key") |
| issued to you by VMware are required to use the Software. The term |
| "Number of Licensed Users" means the number one (1), unless you received |
| a VMware License Certificate with this software product, in which case |
| the term "Number of Licensed Users" means the Number of Licensed Users |
| set forth on the VMware License Certificate. |
| |
| WARNING FOR EVALUATION LICENSEES |
| The Software can be activated with a no-cost evaluation Software |
| License Key. Evaluation Software License Keys have an expiration date |
| ("Expiration Date"). If you activate the Software with an evaluation |
| Software License Key: (i) you may use the Software until the Expiration |
| Date only to evaluate the suitability of the Software for licensing |
| on a for-fee basis; (ii) the limited 90-day warranty below is not |
| applicable to you; and (iii) THE SOFTWARE IS PROVIDED TO YOU "AS IS" |
| WITHOUT WARRANTY OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR |
| OTHERWISE. VMWARE BEARS NO LIABILITY FOR ANY DAMAGES RESULTING FROM USE |
| (OR ATTEMPTED USE) OF THE SOFTWARE THROUGH OR AFTER THE EXPIRATION DATE, |
| AND HAS NO DUTY TO PROVIDE SUPPORT TO YOU. |
| |
| LICENSE |
| The Software is licensed, not sold. Subject to the terms and limitations |
| of this EULA, VMware hereby grants you a nonexclusive, nontransferable |
| license, without rights to sublicense, to (i) make a number of copies |
| of the Software less than or equal to the Number of Licensed Users for |
| the purpose of installing a single copy of the Software on an equivalent |
| number of computers, each of which is running a validly licensed copy |
| of the operating system for which the Software is designed; (ii) use |
| the Software License Key to activate each copy of the Software made in |
| accordance with sub-clause (i); (iii) have up to the Number of Licensed |
| Users use the Software (in object code form only) solely for your |
| own internal information processing services and computing needs; and |
| (iv) use the documentation accompanying the Software in connection with |
| permitted uses of the Software. If you are an entity, each copy of the |
| Software may be used by one designated individual user only. The total |
| number of designated users may not exceed the Number of Licensed Users. |
| Each copy of the Software may not be used by any other person, whether or |
| not such person is employed by or otherwise associated with your entity. |
| |
| LIMITED SHARED USE LICENSE |
| For shared use computing laboratory environments within academic |
| institutions, the license grant above shall be modified to permit use |
| of the Software on a single computer system without the limitation |
| that such use be limited to the designated user(s); provided that any |
| such user(s) agree to and abide by the terms of this EULA; provided |
| further that you must acquire and dedicate a Software License Key for |
| each separate computer system on which the Software is installed. Under |
| this shared computing laboratory use license, a computing laboratory at |
| an academic institution having ten computers loaded with the Software |
| on which no more than five users would concurrently access and use the |
| Software, for example, would require ten Software License Keys. Unless |
| the computing laboratory is operated and maintained by and within an |
| academic institution, this limited shared use license does not apply. |
| |
| LICENSE LIMITATIONS |
| You may not copy the Software except for a reasonable number of |
| machine-readable copies of the Software for backup or archival purposes |
| and except as expressly permitted in the License section above. You may |
| not share or use concurrently the Software except as expressly permitted |
| in the Limited Shared Use License section above. You may not remove |
| any titles, trademarks or trade names, copyright notices, legends, or |
| other proprietary markings on the Software. You are not granted any |
| rights to any trademarks or service marks of VMware. VMware retains |
| all rights not expressly granted to you. |
| |
| LICENSE AS UPGRADE OF PREVIOUSLY LICENSED PRODUCT |
| If you purchased this Desktop software product as an upgrade at the |
| applicable upgrade price, then you must have previously purchased a |
| prior version of this Desktop software product at the applicable product |
| (not upgrade) price. If you have not purchased a prior version at the |
| applicable product price, then please contact the vendor from whom you |
| purchased the upgrade, or, if you are unable to contact your vendor, |
| VMware, to make payment for the difference between the upgrade price |
| and the product price within thirty (30) days of the date you purchased |
| the upgrade. If you do not make the appropriate payment to your vendor |
| or VMware within thirty (30) days, this EULA will automatically terminate |
| and you must comply with the termination provisions below. |
| |
| LICENSES REQUIRED FOR THIRD-PARTY SOFTWARE |
| The Software allows multiple Guest Operating Systems and applications to |
| run on a single computer system. You are responsible for obtaining any |
| licenses necessary to operate any such third-party software, including |
| Guest Operating Systems. In the event that the Software includes a valid |
| licensed copy of a Guest Operating System for pre-installation with |
| the Software, the use of such Guest Operating System shall be defined |
| by the end user license agreement for that Guest Operating System. |
| By explicitly accepting this EULA, or by installing, copying, downloading, |
| accessing, or otherwise using the Software and/or Software License Key, |
| you are acknowledging and agreeing to be bound by the terms of the end |
| user license agreement for the pre-installed Guest Operating System, |
| which terms accompany the Guest Operating System. |
| |
| PROPRIETARY RIGHTS RESERVED BY VMWARE |
| VMware retains all right, title, and interest in and to the Software and |
| the Software License Key and in all related copyrights, trade secrets, |
| patents, trademarks, and any other intellectual and industrial property |
| and proprietary rights, including registrations, applications, renewals, |
| and extensions of such rights. |
| |
| RESTRICTIONS |
| You may not (i) sell, lease, license, sublicense, or otherwise transfer |
| in whole or in part the Software or the Software License Key to another |
| party; (ii) provide, disclose, divulge or make available to, or permit |
| use of the Software in whole or in part by, any third party, including |
| contractors, without VMware's prior written consent; (iii) decompile, |
| disassemble, reverse engineer, or otherwise attempt to derive source code |
| from the Software, in whole or in part; (iv) modify or create derivative |
| works based upon the Software; or (v) use the Software to provide network, |
| application hosting or other services to third parties, or otherwise |
| use the Software on a service bureau or hosting basis for your customers. |
| |
| SUPPORT SERVICES |
| VMware may provide limited web-based support services related to |
| the Software for a period of thirty (30) days after the date of |
| purchase. Additional support services may be purchased separately. |
| Any such support services provided by VMware will be governed by the |
| VMware polices and programs described in online documentation and other |
| VMware provided materials. Any supplemental software code or related |
| materials that VMware provides to you as part of any support services are |
| to be considered part of the Software and are subject to the terms and |
| conditions of this EULA. VMware may use any technical information you |
| provide to VMware for any VMware business purposes without restriction, |
| including for product support and development. VMware will not use |
| information in a form that personally identifies you. |
| |
| UPDATES AND UPGRADES NOT INCLUDED |
| This EULA does not give you any rights to any updates or upgrades to the |
| Software or to any extensions or enhancements to the Software developed |
| by VMware at any time in the future. Rights to any future developments |
| will be governed by a separate subscription contract that you may sign |
| with VMware or by the end user license agreement relating to those |
| developments, in each case as described in the online documentation or |
| other VMware provided materials. |
| |
| TERMINATION |
| VMware may terminate this EULA if you fail to comply with any term of |
| this EULA. In the event of termination, you must destroy all copies of |
| the Software and Software License Key. In addition you must remove all |
| copies of the Software from the computer(s) on which it is installed. |
| |
| GOVERNMENT RESTRICTIONS |
| You may not export or re-export the Software except in compliance with |
| the United States Export Administration Act and the related rules and |
| regulations and similar non-U.S. government restrictions, if applicable. |
| The Software and accompanying documentation are deemed to be "commercial |
| computer software" and "commercial computer software documentation," |
| respectively, pursuant to DFAR Section 227.7202 and FAR Section 12.212(b), |
| as applicable. Any use, modification, reproduction, release, performing, |
| displaying, or disclosing of the Software by the U.S. Government shall |
| be governed solely by the terms of this EULA. |
| |
| LIMITED WARRANTY |
| VMware warrants that the media, if any, on which the Software is delivered |
| will be free of defects and that the Software will substantially conform |
| to the description contained in the applicable documentation, in each |
| case for a period of 90 days after the date of delivery of the Software |
| License Key. EXCEPT FOR THE PRECEDING EXPRESS LIMITED WARRANTY, VMWARE |
| MAKES AND YOU RECEIVE NO WARRANTIES ON THE SOFTWARE, EXPRESS, IMPLIED, |
| STATUTORY, OR IN ANY OTHER PROVISION OF THIS EULA OR COMMUNICATION |
| WITH YOU, AND VMWARE SPECIFICALLY DISCLAIMS ANY IMPLIED WARRANTIES OF |
| MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. |
| |
| LIMITATION OF LIABILITY |
| IN NO EVENT WILL VMWARE BE LIABLE FOR ANY LOST PROFITS OR BUSINESS |
| OPPORTUNITIES, LOSS OF USE, BUSINESS INTERRUPTION, LOSS OF DATA, OR |
| ANY OTHER INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES |
| UNDER ANY THEORY OF LIABILITY, WHETHER BASED IN CONTRACT, TORT, |
| NEGLIGENCE, PRODUCT LIABILITY, OR OTHERWISE. THIS LIMITATION SHALL |
| APPLY REGARDLESS OF WHETHER VMWARE HAS BEEN ADVISED OF THE POSSIBILITY OF |
| SUCH DAMAGES. VMWARE'S LIABILITY UNDER THIS EULA WILL NOT, IN ANY EVENT, |
| EXCEED THE LICENSE FEES, IF ANY, PAID BY YOU TO VMWARE FOR THE SOFTWARE |
| LICENSED BY YOU UNDER THIS EULA. |
| |
| GENERAL |
| This EULA is governed by the laws of the State of California, |
| U.S.A. without regard to conflict of law principles. The United Nations |
| Convention for the International Sale of Goods shall not apply. This EULA |
| is the entire agreement between us and supersedes any other communications |
| or advertising with respect to the Software. If any provision of this |
| EULA is held invalid, the remainder of this EULA shall continue in full |
| force and effect. This EULA may be modified only by written agreement |
| signed by authorized representatives of you and VMware. |
| |
| CONTACT INFORMATION |
| If you have any questions about this EULA, or if you want to contact |
| VMware for any reason, please direct all correspondence to: VMware, |
| Inc., 3145 Porter Drive, Building F, Palo Alto, CA 94304, United States |
| of America or email info@vmware.com. |
| |
| VMware is a trademark of VMware, Inc. |
| |
| |