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1 END USER LICENSE AGREEMENT
2 FOR VMWARE CLIENT SOFTWARE
3 May 14, 2003 (GSX Server, version 2.5.1)
4
5 VMWARE, INC. LICENSES THIS CLIENT SOFTWARE TO YOU SUBJECT TO THE
6 TERMS CONTAINED IN THIS END USER LICENSE AGREEMENT ("EULA"). READ
7 THE TERMS OF THIS EULA CAREFULLY. BY INSTALLING, COPYING OR
8 OTHERWISE USING THE SOFTWARE (AS DEFINED BELOW), YOU AGREE TO BE
9 BOUND BY THE TERMS OF THIS EULA. IF YOU DO NOT AGREE TO THE TERMS
10 OF THIS EULA, DO NOT INSTALL, COPY OR USE THE SOFTWARE.
11
12 NOTICE TO CUSTOMER
13 If you do not agree to the terms of this EULA, do not install,
14 activate, or use this software. This EULA is a contract between
15 you (either an individual or an entity) and VMware, Inc.
16 ("VMware"), which governs your use of this VMware software product
17 that accompanies this EULA and related software components, which
18 may include associated media, printed materials, and online or
19 electronic documentation.
20
21 REQUIREMENTS AND DEFINITIONS
22 This client software package is composed of a remote console
23 software component (the "Remote Console Software") and VmPerl and
24 VmCOM client management libraries (in executable form) and related
25 application programming interfaces (the "Client Management
26 Software"). A Perl Interpreter is provided with the VmPerl Client
27 Management Software. This client software package may include
28 sample client management programs or scripts ("Sample Programs").
29 You may use and distribute Sample Programs under the terms set
30 forth in the applicable Sample Programs files. The Remote Console
31 Software and the Client Management Software may only be used with
32 a VMware Server product licensed by VMware to you under a separate
33 license agreement (the "VMware Server Product"). Your VMware
34 Server Product enables you to run multiple instances of third-
35 party operating systems ("Guest Operating Systems") and
36 application programs on the computing device on which it is
37 validly installed. When installed on a computer or terminal other
38 than the server(s) on which you have installed the VMware Server
39 Product, the Remote Console Software enables a user to access
40 remotely the server(s) on which the VMware Server Product is
41 validly installed. You may not install the Remote Console
42 Software on any computer or terminal, unless you have already
43 licensed or are concurrently licensing a VMware Server Product. A
44 "Virtual Machine" is an instance of a Guest Operating System and
45 any application programs installed thereon, running on a computing
46 device on which the VMware Server Product is installed, or
47 suspended to disk or any other storage media accessible by the
48 computing device. The Client Management Software enables you to
49 write programs to manage the Virtual Machines running on or
50 accessible by the computing device(s) on which the VMware Server
51 Product is installed. "Remote Access Services" permit a user to
52 interact with the graphical or text-based interface of a Guest
53 Operating System from another computing device networked to a
54 server on which the VMware Server Product is installed. In this
55 EULA, the Remote Console Software and the Client Management
56 Software and associated media, printed materials, and online or
57 electronic documentation are collectively referred to as the
58 "Software."
59
60 WARNING FOR EVALUATION LICENSEES
61 The VMware Server Product can be activated with a no-cost
62 evaluation Software License Key. Evaluation Software License Keys
63 have an expiration date ("Expiration Date"). If you activate the
64 VMware Server Product with an evaluation Software License Key: (i)
65 you may use the Software until the Expiration Date only to
66 evaluate the suitability of the Software for licensing on a for-
67 fee basis; (ii) the limited 90-day warranty below is not
68 applicable to you; and (iii) THE SOFTWARE IS PROVIDED TO YOU "AS
69 IS" WITHOUT WARRANTY OF ANY KIND, WHETHER EXPRESS, IMPLIED,
70 STATUTORY, OR OTHERWISE. VMWARE BEARS NO LIABILITY FOR ANY
71 DAMAGES RESULTING FROM USE (OR ATTEMPTED USE) OF THE SOFTWARE
72 THROUGH AND AFTER THE EXPIRATION DATE, AND HAS NO DUTY TO PROVIDE
73 SUPPORT TO YOU.
74
75 LICENSE
76 The Software is licensed, not sold. Subject to the terms and
77 limitations of this EULA, VMware hereby grants you a nonexclusive,
78 nontransferable license, without rights to sublicense, to (i)
79 internally use and reproduce the Client Management Software to
80 create programs that interface with the Client Management Software
81 to manage Virtual Machines ("Your Management Programs"); (ii)
82 internally use Your Management Programs solely for the purpose of
83 managing Virtual Machines operated on VMware Server Products
84 installed on your own internal servers; (iii) use and reproduce
85 the Remote Console Software (in object code form only) for
86 installation and operation on an unlimited number of your own
87 internal computers or terminals solely for the purpose of
88 accessing server(s) on which you have validly installed a VMware
89 Server Product and (vi) use the documentation accompanying the
90 Software in connection with permitted uses of the Software.
91
92 Your use of the Perl Interpreter included with the VmPerl Client
93 Management Software is subject to the applicable open source
94 license agreement described in the documentation or other
95 materials included with the Perl Interpreter.
96
97 LICENSE LIMITATIONS
98 You may not copy the Software except for a reasonable number of
99 machine-readable copies of the Software for backup or archival
100 purposes and except as expressly permitted in the License section
101 above. You may not remove any titles, trademarks or trade names,
102 copyright notices, legends, or other proprietary markings on the
103 Software. You are not granted any rights to any trademarks or
104 service marks of VMware. VMware retains all rights not expressly
105 granted to you.
106
107 PROPRIETARY RIGHTS RESERVED BY VMWARE
108 VMware retains all right, title, and interest in and to the
109 Software and in all related copyrights, trade secrets, patents,
110 trademarks, and any other intellectual and industrial property and
111 proprietary rights, including registrations, applications,
112 renewals, and extensions of such rights.
113
114 RESTRICTIONS
115 You may not (i) sell, lease, license, sublicense, distribute or
116 otherwise transfer in whole or in part the Software or Your
117 Management Programs to another party; (ii) provide, disclose,
118 divulge or make available to, or permit use of the Software in
119 whole or in part by, any third party without VMware's prior
120 written consent; (iii) modify or create derivative works based
121 upon the Software, except as expressly provided with respect to
122 Client Management Software in the LICENSE section above; or (iv)
123 use the Software on a service bureau or hosting basis to provide
124 Remote Access Services connecting your customers to Guest
125 Operating Systems. Except to the extent expressly permitted by
126 applicable law, and to the extent that VMware is not permitted by
127 that applicable law to exclude or limit the following rights, you
128 may not decompile, disassemble, reverse engineer, or otherwise
129 attempt to derive source code from the Software, in whole or in
130 part. You may not disclose the results of any benchmark test of
131 the Software to any third party without VMware's prior written
132 approval.
133
134 SUPPORT AND SUBSCRIPTION SERVICES NOT INCLUDED
135 VMware will not provide any support services under this EULA.
136 This EULA does not give you any rights to any updates or upgrades
137 to the Software or to any extensions or enhancements to the
138 Software developed by VMware at any time in the future. You may
139 purchase support and subscription services separately. If you
140 have purchased VMware support and subscription services with the
141 Software, these services are provided to you under the Support
142 Contract Terms and Conditions posted on VMware's Web site at
143 http://www.vmware.com/support/using/premium.html, and by accepting
144 the terms of this EULA you are accepting these Support Contract
145 Terms and Conditions. Any supplemental software code or related
146 materials that VMware provides to you as part of any support and
147 subscription services are to be considered part of the Software
148 and are subject to the terms and conditions of this EULA. VMware
149 may use any technical information you provide to VMware for any
150 VMware business purposes without restriction, including for
151 product support and development. VMware will not use information
152 in a form that personally identifies you.
153
154 TERMINATION
155 VMware may terminate this EULA if you fail to comply with any term
156 of this EULA. In the event of termination, you must destroy all
157 copies of the Software. In addition you must remove all copies of
158 the Software from all computers and terminals on which it is
159 installed.
160
161 GOVERNMENT RESTRICTIONS
162 You may not export or re-export the Software except in compliance
163 with the United States Export Administration Act and the related
164 rules and regulations and similar non-U.S. government
165 restrictions, if applicable. The Software and accompanying
166 documentation are deemed to be "commercial computer software" and
167 "commercial computer software documentation," respectively,
168 pursuant to DFAR Section 227.7202 and FAR Section 12.212(b), as
169 applicable. Any use, modification, reproduction, release,
170 performing, displaying, or disclosing of the Software by the U.S.
171 Government shall be governed solely by the terms of this EULA.
172
173 LIMITED WARRANTY
174 VMware warrants that the media, if any, on which the Software is
175 delivered will be free of defects and that the Software will
176 substantially conform to the description contained in the
177 applicable documentation in each case for a period of 90 days
178 after the date of shipment of the Software. EXCEPT FOR THE
179 PRECEDING EXPRESS LIMITED WARRANTY, TO THE MAXIMUM EXTENT
180 PERMITTED BY APPLICABLE LAW, VMWARE PROVIDES THE SOFTWARE WITHOUT
181 ANY WARRANTIES OF ANY KIND, EXPRESS, IMPLIED, STATUTORY, OR IN ANY
182 OTHER PROVISION OF THIS EULA OR COMMUNICATION WITH YOU, AND VMWARE
183 SPECIFICALLY DISCLAIMS ANY IMPLIED WARRANTIES OF MERCHANTABILITY,
184 FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
185
186 LIMITATION OF LIABILITY
187 TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT
188 WILL VMWARE BE LIABLE FOR ANY LOST PROFITS OR BUSINESS
189 OPPORTUNITIES, LOSS OF USE, BUSINESS INTERRUPTION, LOSS OF DATA,
190 OR ANY OTHER INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL
191 DAMAGES UNDER ANY THEORY OF LIABILITY, WHETHER BASED IN CONTRACT,
192 TORT, NEGLIGENCE, PRODUCT LIABILITY, OR OTHERWISE. BECAUSE SOME
193 JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF
194 LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE PRECEDING
195 LIMITATION MAY NOT APPLY TO YOU.
196
197 VMWARE'S LIABILITY UNDER THIS EULA WILL NOT, IN ANY EVENT, EXCEED
198 THE LICENSE FEES, IF ANY, PAID BY YOU TO VMWARE FOR THE SOFTWARE
199 LICENSED BY YOU UNDER THIS EULA.
200
201 THE FOREGOING LIMITATIONS SHALL APPLY TO THE MAXIMUM EXTENT
202 PERMITTED BY APPLICABLE LAW, REGARDLESS OF WHETHER VMWARE HAS BEEN
203 ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND REGARDLESS OF
204 WHETHER ANY REMEDY FAILS OF ITS ESSENTIAL PURPOSE.
205
206 GENERAL
207 This EULA is governed by the laws of the State of California and
208 the United States of America, without regard to conflict of law
209 principles. The United Nations Convention for the International
210 Sale of Goods shall not apply. This EULA is the entire agreement
211 between us and supersedes the terms of any purchase orders and any
212 other communications or advertising with respect to the Software.
213 If any provision of this EULA is held invalid, the remainder of
214 this EULA shall continue in full force and effect. This EULA may
215 be modified only by written agreement signed by authorized
216 representatives of you and VMware.
217
218 CONTACT INFORMATION
219 If you have any questions about this EULA, or if you want to
220 contact VMware for any reason, please direct all correspondence
221 to: VMware, Inc., 3145 Porter Drive, Palo Alto, CA 94304, United
222 States of America or email info@vmware.com.
223
224 VMware is a trademark of VMware, Inc.

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