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More LICENSES stuff

1 END USER LICENSE AGREEMENT
2 FOR VMWARE(TM) DESKTOP SOFTWARE PRODUCT
3
4
5 VMWARE, INC. LICENSES THIS DESKTOP SOFTWARE PRODUCT TO YOU SUBJECT TO
6 YOUR ACCEPTANCE OF ALL OF THE TERMS CONTAINED IN THIS END USER LICENSE
7 AGREEMENT ("EULA"). READ THE TERMS OF THIS EULA CAREFULLY. IF YOU DO
8 NOT ACCEPT THIS AGREEMENT AND YOU HAVE PROOF OF PAYMENT, YOU MAY RETURN
9 THE UNOPENED SOFTWARE TO THE LOCATION AT WHICH YOU ACQUIRED IT WITHIN
10 THIRTY (30) DAYS FOR A REFUND OF THE LICENSE FEE. IF YOU ARE VIEWING
11 THIS EULA ELECTRONICALLY, SELECT THE "YES" BUTTON AT THE BOTTOM OF THIS
12 PAGE TO INDICATE YOUR AGREEMENT TO THE TERMS OF THIS EULA. IF YOU ARE NOT
13 WILLING TO BE BOUND BY ITS TERMS, SELECT THE "NO" BUTTON AT THE BOTTOM OF
14 THIS PAGE AND THE REGISTRATION OR INSTALLATION PROCESS WILL NOT CONTINUE.
15
16 NOTICE TO CUSTOMER
17 If you do not agree to the terms of this EULA, do not install, activate,
18 or use this software. This EULA is a contract between you (either an
19 individual or an entity) and VMware, Inc. ("VMware"), which governs
20 your use of the VMware software product that accompanies this EULA
21 and related software components, which may include associated media,
22 printed materials, and online or electronic documentation.
23
24 DEFINITIONS
25 In this EULA, the Desktop software and associated media, printed
26 materials, and online or electronic documentation are collectively
27 referred to as the "Software." When installed, the Software enables
28 you to run one or more instances of third-party operating systems
29 ("Guest Operating Systems") and applications on a single computer system.
30 A software activation file and a serial number ("Software License Key")
31 issued to you by VMware are required to use the Software. The term
32 "Number of Licensed Users" means the number one (1), unless you received
33 a VMware License Certificate with this software product, in which case
34 the term "Number of Licensed Users" means the Number of Licensed Users
35 set forth on the VMware License Certificate.
36
37 WARNING FOR EVALUATION LICENSEES
38 The Software can be activated with a no-cost evaluation Software
39 License Key. Evaluation Software License Keys have an expiration date
40 ("Expiration Date"). If you activate the Software with an evaluation
41 Software License Key: (i) you may use the Software until the Expiration
42 Date only to evaluate the suitability of the Software for licensing
43 on a for-fee basis; (ii) the limited 90-day warranty below is not
44 applicable to you; and (iii) THE SOFTWARE IS PROVIDED TO YOU "AS IS"
45 WITHOUT WARRANTY OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR
46 OTHERWISE. VMWARE BEARS NO LIABILITY FOR ANY DAMAGES RESULTING FROM USE
47 (OR ATTEMPTED USE) OF THE SOFTWARE THROUGH OR AFTER THE EXPIRATION DATE,
48 AND HAS NO DUTY TO PROVIDE SUPPORT TO YOU.
49
50 LICENSE
51 The Software is licensed, not sold. Subject to the terms and limitations
52 of this EULA, VMware hereby grants you a nonexclusive, nontransferable
53 license, without rights to sublicense, to (i) make a number of copies
54 of the Software less than or equal to the Number of Licensed Users for
55 the purpose of installing a single copy of the Software on an equivalent
56 number of computers, each of which is running a validly licensed copy
57 of the operating system for which the Software is designed; (ii) use
58 the Software License Key to activate each copy of the Software made in
59 accordance with sub-clause (i); (iii) have up to the Number of Licensed
60 Users use the Software (in object code form only) solely for your
61 own internal information processing services and computing needs; and
62 (iv) use the documentation accompanying the Software in connection with
63 permitted uses of the Software. If you are an entity, each copy of the
64 Software may be used by one designated individual user only. The total
65 number of designated users may not exceed the Number of Licensed Users.
66 Each copy of the Software may not be used by any other person, whether or
67 not such person is employed by or otherwise associated with your entity.
68
69 LIMITED SHARED USE LICENSE
70 For shared use computing laboratory environments within academic
71 institutions, the license grant above shall be modified to permit use
72 of the Software on a single computer system without the limitation
73 that such use be limited to the designated user(s); provided that any
74 such user(s) agree to and abide by the terms of this EULA; provided
75 further that you must acquire and dedicate a Software License Key for
76 each separate computer system on which the Software is installed. Under
77 this shared computing laboratory use license, a computing laboratory at
78 an academic institution having ten computers loaded with the Software
79 on which no more than five users would concurrently access and use the
80 Software, for example, would require ten Software License Keys. Unless
81 the computing laboratory is operated and maintained by and within an
82 academic institution, this limited shared use license does not apply.
83
84 LICENSE LIMITATIONS
85 You may not copy the Software except for a reasonable number of
86 machine-readable copies of the Software for backup or archival purposes
87 and except as expressly permitted in the License section above. You may
88 not share or use concurrently the Software except as expressly permitted
89 in the Limited Shared Use License section above. You may not remove
90 any titles, trademarks or trade names, copyright notices, legends, or
91 other proprietary markings on the Software. You are not granted any
92 rights to any trademarks or service marks of VMware. VMware retains
93 all rights not expressly granted to you.
94
95 LICENSE AS UPGRADE OF PREVIOUSLY LICENSED PRODUCT
96 If you purchased this Desktop software product as an upgrade at the
97 applicable upgrade price, then you must have previously purchased a
98 prior version of this Desktop software product at the applicable product
99 (not upgrade) price. If you have not purchased a prior version at the
100 applicable product price, then please contact the vendor from whom you
101 purchased the upgrade, or, if you are unable to contact your vendor,
102 VMware, to make payment for the difference between the upgrade price
103 and the product price within thirty (30) days of the date you purchased
104 the upgrade. If you do not make the appropriate payment to your vendor
105 or VMware within thirty (30) days, this EULA will automatically terminate
106 and you must comply with the termination provisions below.
107
108 LICENSES REQUIRED FOR THIRD-PARTY SOFTWARE
109 The Software allows multiple Guest Operating Systems and applications to
110 run on a single computer system. You are responsible for obtaining any
111 licenses necessary to operate any such third-party software, including
112 Guest Operating Systems. In the event that the Software includes a valid
113 licensed copy of a Guest Operating System for pre-installation with
114 the Software, the use of such Guest Operating System shall be defined
115 by the end user license agreement for that Guest Operating System.
116 By explicitly accepting this EULA, or by installing, copying, downloading,
117 accessing, or otherwise using the Software and/or Software License Key,
118 you are acknowledging and agreeing to be bound by the terms of the end
119 user license agreement for the pre-installed Guest Operating System,
120 which terms accompany the Guest Operating System.
121
122 PROPRIETARY RIGHTS RESERVED BY VMWARE
123 VMware retains all right, title, and interest in and to the Software and
124 the Software License Key and in all related copyrights, trade secrets,
125 patents, trademarks, and any other intellectual and industrial property
126 and proprietary rights, including registrations, applications, renewals,
127 and extensions of such rights.
128
129 RESTRICTIONS
130 You may not (i) sell, lease, license, sublicense, or otherwise transfer
131 in whole or in part the Software or the Software License Key to another
132 party; (ii) provide, disclose, divulge or make available to, or permit
133 use of the Software in whole or in part by, any third party, including
134 contractors, without VMware's prior written consent; (iii) decompile,
135 disassemble, reverse engineer, or otherwise attempt to derive source code
136 from the Software, in whole or in part; (iv) modify or create derivative
137 works based upon the Software; or (v) use the Software to provide network,
138 application hosting or other services to third parties, or otherwise
139 use the Software on a service bureau or hosting basis for your customers.
140
141 SUPPORT SERVICES
142 VMware may provide limited web-based support services related to
143 the Software for a period of thirty (30) days after the date of
144 purchase. Additional support services may be purchased separately.
145 Any such support services provided by VMware will be governed by the
146 VMware polices and programs described in online documentation and other
147 VMware provided materials. Any supplemental software code or related
148 materials that VMware provides to you as part of any support services are
149 to be considered part of the Software and are subject to the terms and
150 conditions of this EULA. VMware may use any technical information you
151 provide to VMware for any VMware business purposes without restriction,
152 including for product support and development. VMware will not use
153 information in a form that personally identifies you.
154
155 UPDATES AND UPGRADES NOT INCLUDED
156 This EULA does not give you any rights to any updates or upgrades to the
157 Software or to any extensions or enhancements to the Software developed
158 by VMware at any time in the future. Rights to any future developments
159 will be governed by a separate subscription contract that you may sign
160 with VMware or by the end user license agreement relating to those
161 developments, in each case as described in the online documentation or
162 other VMware provided materials.
163
164 TERMINATION
165 VMware may terminate this EULA if you fail to comply with any term of
166 this EULA. In the event of termination, you must destroy all copies of
167 the Software and Software License Key. In addition you must remove all
168 copies of the Software from the computer(s) on which it is installed.
169
170 GOVERNMENT RESTRICTIONS
171 You may not export or re-export the Software except in compliance with
172 the United States Export Administration Act and the related rules and
173 regulations and similar non-U.S. government restrictions, if applicable.
174 The Software and accompanying documentation are deemed to be "commercial
175 computer software" and "commercial computer software documentation,"
176 respectively, pursuant to DFAR Section 227.7202 and FAR Section 12.212(b),
177 as applicable. Any use, modification, reproduction, release, performing,
178 displaying, or disclosing of the Software by the U.S. Government shall
179 be governed solely by the terms of this EULA.
180
181 LIMITED WARRANTY
182 VMware warrants that the media, if any, on which the Software is delivered
183 will be free of defects and that the Software will substantially conform
184 to the description contained in the applicable documentation, in each
185 case for a period of 90 days after the date of delivery of the Software
186 License Key. EXCEPT FOR THE PRECEDING EXPRESS LIMITED WARRANTY, VMWARE
187 MAKES AND YOU RECEIVE NO WARRANTIES ON THE SOFTWARE, EXPRESS, IMPLIED,
188 STATUTORY, OR IN ANY OTHER PROVISION OF THIS EULA OR COMMUNICATION
189 WITH YOU, AND VMWARE SPECIFICALLY DISCLAIMS ANY IMPLIED WARRANTIES OF
190 MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
191
192 LIMITATION OF LIABILITY
193 IN NO EVENT WILL VMWARE BE LIABLE FOR ANY LOST PROFITS OR BUSINESS
194 OPPORTUNITIES, LOSS OF USE, BUSINESS INTERRUPTION, LOSS OF DATA, OR
195 ANY OTHER INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES
196 UNDER ANY THEORY OF LIABILITY, WHETHER BASED IN CONTRACT, TORT,
197 NEGLIGENCE, PRODUCT LIABILITY, OR OTHERWISE. THIS LIMITATION SHALL
198 APPLY REGARDLESS OF WHETHER VMWARE HAS BEEN ADVISED OF THE POSSIBILITY OF
199 SUCH DAMAGES. VMWARE'S LIABILITY UNDER THIS EULA WILL NOT, IN ANY EVENT,
200 EXCEED THE LICENSE FEES, IF ANY, PAID BY YOU TO VMWARE FOR THE SOFTWARE
201 LICENSED BY YOU UNDER THIS EULA.
202
203 GENERAL
204 This EULA is governed by the laws of the State of California,
205 U.S.A. without regard to conflict of law principles. The United Nations
206 Convention for the International Sale of Goods shall not apply. This EULA
207 is the entire agreement between us and supersedes any other communications
208 or advertising with respect to the Software. If any provision of this
209 EULA is held invalid, the remainder of this EULA shall continue in full
210 force and effect. This EULA may be modified only by written agreement
211 signed by authorized representatives of you and VMware.
212
213 CONTACT INFORMATION
214 If you have any questions about this EULA, or if you want to contact
215 VMware for any reason, please direct all correspondence to: VMware,
216 Inc., 3145 Porter Drive, Building F, Palo Alto, CA 94304, United States
217 of America or email info@vmware.com.
218
219 VMware is a trademark of VMware, Inc.

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