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Mon Apr 29 22:51:50 2002 UTC (17 years, 8 months ago) by sandymac
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More LICENSES stuff

1 sandymac 1.1 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.
220    
221    

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