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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.
-
-