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- 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.
-
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