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.
