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author | 2013-04-24 15:16:08 +0000 | |
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committer | 2013-04-24 15:16:08 +0000 | |
commit | 3b815e71498de28a803e396bc136d42af631c5e4 (patch) | |
tree | daa239e18b0d659b8f738e2f2bbdc5dadd3b75f0 | |
parent | The ubuntu vmware view client is better than the open one. Add it. (diff) | |
download | pauldv-3b815e71498de28a803e396bc136d42af631c5e4.tar.gz pauldv-3b815e71498de28a803e396bc136d42af631c5e4.tar.bz2 pauldv-3b815e71498de28a803e396bc136d42af631c5e4.zip |
The ubuntu vmware view client is better than the open one. Add it.
svn path=/trunk/overlay/; revision=146
-rw-r--r-- | licences/vmware-view | 515 |
1 files changed, 515 insertions, 0 deletions
diff --git a/licences/vmware-view b/licences/vmware-view new file mode 100644 index 0000000..04620b0 --- /dev/null +++ b/licences/vmware-view @@ -0,0 +1,515 @@ +VMWARE END USER LICENSE AGREEMENT
+
+PLEASE NOTE THAT THE TERMS OF THIS END USER LICENSE AGREEMENT SHALL GOVERN
+YOUR USE OF THE SOFTWARE, REGARDLESS OF ANY TERMS THAT MAY APPEAR DURING THE
+INSTALLATION OF THE SOFTWARE.
+
+IMPORTANT-READ CAREFULLY: BY DOWNLOADING, INSTALLING, OR USING THE SOFTWARE,
+YOU (THE INDIVIDUAL OR LEGAL ENTITY) AGREE TO BE BOUND BY THE TERMS OF THIS
+END USER LICENSE AGREEMENT ("EULA"). IF YOU DO NOT AGREE TO THE TERMS OF THIS
+EULA, YOU MUST NOT DOWNLOAD, INSTALL, OR USE THE SOFTWARE, AND YOU MUST DELETE
+OR RETURN THE UNUSED SOFTWARE TO THE VENDOR FROM WHICH YOU ACQUIRED IT WITHIN
+THIRTY (30) DAYS AND REQUEST A REFUND OF THE LICENSE FEE, IF ANY, THAT YOU
+PAID FOR THE SOFTWARE.
+
+EVALUATION LICENSE. If You are licensing the Software for evaluation
+purposes, Your use of the Software is only permitted in a non-production
+environment and for the period limited by the License Key. Notwithstanding
+any other provision in this EULA, an Evaluation License of the Software is
+provided "AS-IS" without indemnification, support or warranty of any kind,
+expressed or implied.
+
+1. DEFINITIONS.
+
+1.1 "Affiliate" means, with respect to a party, an entity that is directly or
+indirectly controlled by or is under common control with such party,
+where "control" means an ownership, voting or similar interest representing
+fifty percent (50%) or more of the total interests then outstanding of the
+relevant entity (but only as long as such person or entity meets these
+requirements).
+
+1.2 "Documentation" means that documentation that is generally provided to
+You by VMware with the Software, as revised by VMware from time to time, and
+which may include end user manuals, operation instructions, installation
+guides, release notes, and on-line help files regarding the use of the
+Software.
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+1.3 "Guest Operating Systems" means instances of third-party operating
+systems licensed by You, installed in a Virtual Machine and run using the
+Software.
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+1.4 "Intellectual Property Rights" means all worldwide intellectual
+property rights, including without limitation, copyrights, trademarks, service
+marks, trade secrets, know how, inventions, patents, patent applications,
+moral rights and all other proprietary rights, whether registered or
+unregistered.
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+1.5 "License" means a license granted under Section 2.1.
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+1.6 "License Key" means a serial number that enables You to activate and
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+1.7 "License Term" means the duration of a License as specified in the
+Order.
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+1.8 "License Type" means the type of License applicable to the Software,
+as more fully described in the Order.
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+1.9 "Open Source Software" or "OSS" means software components that are
+licensed under a license approved by the Open Source Initiative ("OSI") or
+similar open source or freeware license and are embedded in the delivered
+Software.
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+1.10 "Order" means a purchase order, enterprise license agreement, or other
+ordering document issued by You to VMware or a VMware authorized reseller that
+references and incorporates this EULA and is accepted by VMware as set forth
+in Section 4.
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+1.11 "Product Guide" means the current version of the VMware Product Guide at
+the time of Your Order, copies of which are found at
+www.vmware.com/download/eula.
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+1.12 "Services Terms" means VMware's then-current Support and Subscription
+Contract Terms and Conditions, copies of which are found at
+www.vmware.com/files/pdf/support/support_terms_conditions.pdf.
+
+1.13 "Software" means the VMware Tools and the VMware computer programs
+listed on VMware's commercial price list to which You acquire a license under
+an Order, together with any software code relating to the foregoing that is
+provided to You pursuant to a support and subscription service contract and
+that is not subject to a separate license agreement.
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+1.14 "Territory" means the country or countries in which You have been
+invoiced; provided, however, that if You have been invoiced within any of the
+European Economic Area member states, You may deploy the corresponding
+Software throughout the European Economic Area.
+
+1.15 "Third Party Agent" means a third party delivering information technology
+services to You pursuant to a written contract with You.
+
+1.16 "Virtual Machine" means a software container that can run its own
+operating system and execute applications like a physical machine.
+
+1.17 "VMware" means VMware, Inc., a Delaware corporation, if You are
+purchasing Licenses or services for use in the United States and VMware
+International Limited, a company organized and existing under the laws of
+Ireland, for all other purchases.
+
+1.18 "VMware Tools" means the suite of utilities and drivers, Licensed by
+VMware under the "VMware Tools" name, that can be installed in a Guest
+Operating System to enhance the performance and functionality of a Guest
+Operating System when running in a Virtual Machine.
+
+2. LICENSE GRANT.
+
+2.1 Scope of License. Subject to the terms and conditions of this EULA,
+VMware grants You, during the License Term, a non-exclusive, non-transferable
+License to use the Software, in executable code form only, within the
+Territory, for Your internal operations in accordance with (a) the
+Documentation; (b) the License Type for which You have paid the applicable
+fees; (c) other applicable limitations set forth in the Order. The License to
+the Software is limited to the quantities specified in each applicable Order.
+
+2.2 Third Party Use. Under the License granted to You in Section 2.1
+above, You may permit Your Third Party Agents to access, use and/or operate
+the Software on Your behalf for the sole purpose of delivering services to
+You, provided that You will be fully responsible for Your Third Party Agents'
+compliance with terms and conditions of this EULA and any breach of this EULA
+by a Third Party Agent shall be deemed to be a breach by You.
+
+2.3 Permitted Copies. You may make one copy of the Software for archival
+purposes only. The copy shall: (a) be kept within Your possession or control;
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+notices in the original; and (c) be subject to this EULA. You may not
+otherwise copy the Software without VMware's prior written consent.
+
+2.4 Benchmarking. You may use the Software to conduct internal
+performance testing and benchmarking studies. You may only publish or
+otherwise distribute the results of such studies to third parties as follows:
+(a) if with respect to VMware's Workstation or Fusion products, only if You
+provide a copy of Your study to benchmark@vmware.com prior to distribution;
+(b) if with respect to any other Software, only if VMware has reviewed and
+approved of the methodology, assumptions and other parameters of the study
+(please contact VMware at benchmark@vmware.com to request such review and
+approval) prior to such publication and distribution.
+
+2.5 VMware Tools. You may distribute the VMware Tools (whether or not as
+part of the Virtual Machine You create with the Software) to third parties
+solely when installed in a Guest Operating System to enhance its performance
+and functionality when running in a Virtual Machine, provided that You will be
+fully responsible for such third parties' compliance with the terms and
+conditions of this EULA, and any breach of this EULA by any such third party
+shall be deemed to be a breach of this EULA by You.
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+2.6 Open Source Software. Notwithstanding anything herein to the
+contrary, Open Source Software is licensed to You under such OSS's own
+applicable license terms, which can be found in the open_source_licenses.txt
+file, the Documentation or as applicable, the corresponding source files for
+the Software available at http://www.vmware.com/download/open_source.html.
+These OSS license terms are consistent with the license granted in Section 2,
+and may contain additional rights benefiting You. The OSS license terms shall
+take precedence over this EULA to the extent that this EULA imposes greater
+restrictions on You than the applicable OSS license terms.
+
+3. RESTRICTIONS; OWNERSHIP.
+
+3.1 Restrictions. You acknowledge that the Software and the structure,
+organization and source code of the Software constitute valuable trade secrets
+of VMware. Accordingly, except as expressly permitted in Section 2 or as
+otherwise authorized by VMware in writing, You will not and will not permit
+any third party to: (a) sell, lease, license, distribute, sublicense or
+otherwise transfer in whole or in part the Software or Documentation to any
+third party; (b) decompile, disassemble, reverse engineer, or otherwise
+attempt to derive source code from the Software, in whole or in part; (c) copy
+the Software, except for archival purposes, as set out in Section 2.3; (d)
+create, develop, license, install, use, or deploy any software or services to
+circumvent, enable, modify or provide access, permissions or rights which
+violate the technical restrictions of the Software as described in this EULA;
+(e) translate, modify or create derivative works based upon the Software; (f)
+permit any use of or access to the Software by any third party; (g) remove any
+product identification, proprietary, copyright or other notices contained in
+the Software; or (h) operate the Software on behalf of or for the benefit of
+any third party, including the operation of any service that is accessed by a
+third party, except that, for the purposes of this Section 3.1 (h), You may
+use the Software to deliver hosted services to Your Affiliates.
+
+3.2 Decompilation. Notwithstanding the foregoing, decompiling the
+Software is permitted to the extent the laws of the Territory give You the
+express right to do so to obtain information necessary to render the Software
+interoperable with other software; provided, however, You must first request
+such information from VMware (at info@vmware.com), provide all reasonably
+requested information to allow VMware to assess Your claim, and VMware may, in
+its discretion, either provide such interoperability information to You,
+impose reasonable conditions, including a reasonable fee, on such use of the
+Software, or offer to provide alternatives to ensure that VMware's proprietary
+rights in the Software are protected and to reduce any adverse impact on
+VMware's proprietary rights.
+
+3.3 Ownership. The Software and Documentation, all copies and portions
+thereof, and all improvements, enhancements, modifications and derivative
+works thereof, and all Intellectual Property Rights therein, are and shall
+remain the sole and exclusive property of VMware and its licensors. Your
+rights to use the Software and Documentation shall be limited to those
+expressly granted in this EULA and any applicable Order. No other rights with
+respect to the Software or any related Intellectual Property Rights are
+implied. You are not authorized to use (and shall not permit any third party
+to use) the Software, Documentation or any portion thereof except as expressly
+authorized by this EULA or the applicable Order.
+
+3.4 Guest Operating Systems. Certain Software allows Guest Operating
+Systems and application programs to run on a computer system. You acknowledge
+that You are responsible for obtaining and complying with any licenses
+necessary to operate any such third-party software.
+
+4. ORDER. Your Order is subject to this EULA. No Orders are binding on
+VMware until accepted by VMware. Orders for Software are deemed to be
+accepted upon VMware's delivery of the Software included in such Order. Orders
+issued to VMware do not have to be signed to be valid and enforceable.
+
+5. AUDIT RIGHTS.
+
+5.1 Records. You will, during the License Term for any Software licenses
+acquired under this EULA (and for a period of two (2) years from the
+expiration of the applicable License Term), maintain accurate records of your
+use of the Software sufficient to demonstrate Your compliance with the terms
+of this EULA and all Orders.
+
+5.2 Audit Rights. During the period in which the You are obligated to
+maintain such records, VMware, or its third party auditor, may, upon
+reasonable notice to You, audit such records to verify that You have (a) used
+the Software solely in the manner authorized herein; (b) paid all applicable
+license fees; and (c) otherwise complied with the terms of this EULA and all
+Orders. VMware may conduct no more than one (1) audit in any twelve (12) month
+period. Audits will be conducted during normal business hours and VMware will
+use commercially reasonable efforts to minimize the disruption of Your normal
+business activities. VMware, and any third-party auditor, shall not have
+physical access to Your computing devices in connection with any such audit,
+without Your prior written consent. You will reasonably cooperate with VMware
+and/or its third-party auditor and will promptly pay directly to VMware any
+underpayments revealed by such audit. You will promptly reimburse VMware for
+all reasonable costs and expenses incurred by VMware for such audit if: (i)
+such audit reveals an underpayment by You of more than five percent (5%) of
+the fees payable by You to VMware for the period audited, or (ii) such audit
+reveals You have materially failed to maintain accurate records of Your use of
+the Software.
+
+6. SUPPORT AND SUBSCRIPTION SERVICES. Except as expressly specified in
+the Product Guide, VMware does not provide any support or subscription
+services for the Software under this EULA. You have no rights to any updates,
+upgrades or extensions or enhancements to the Software developed by VMware
+unless you separately purchase VMware support or subscription services. These
+support or subscription services are subject to the Services Terms.
+
+7. WARRANTIES.
+
+7.1 Software Warranty. VMware warrants to You that the Software will, for a
+period of ninety (90) days following delivery ("Warranty Period"),
+substantially conform to the applicable Documentation, provided that the
+Software (a) has been properly installed and used at all times and in
+accordance with the applicable Documentation; and (b) has not been modified
+or added to by persons other than VMware or its authorized representative.
+VMware will, at its own expense and as its sole obligation and Your exclusive
+remedy for any breach of the foregoing warranty, either replace the applicable
+Software or correct any reproducible error in the Software reported to VMware
+by You in writing during the Warranty Period. If VMware determines that it is
+unable to correct the error or replace the Software, VMware will refund to You
+all License fees actually paid by You, in which case the License for the
+applicable Software and Your right to use such Software will terminate.
+
+7.2 Disclaimer of Warranties. THE EXPRESS WARRANTY IN SECTION 7.1 ABOVE IS IN
+LIEU OF AND, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, VMWARE AND ITS
+LICENSORS DISCLAIM, ALL OTHER WARRANTIES, WHETHER EXPRESS, IMPLIED, OR
+STATUTORY, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR
+A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT AND ANY WARRANTIES ARISING FROM
+COURSE OF DEALING OR COURSE OF PERFORMANCE) REGARDING OR RELATING TO THE
+SOFTWARE, THE DOCUMENTATION, OR ANY MATERIALS FURNISHED OR PROVIDED TO YOU
+UNDER THIS EULA. VMWARE AND ITS LICENSORS DO NOT WARRANT THAT THE SOFTWARE
+WILL OPERATE UNINTERRUPTED OR THAT IT WILL BE FREE FROM DEFECTS OR THAT THE
+SOFTWARE WILL MEET (OR IS DESIGNED TO MEET) YOUR BUSINESS REQUIREMENTS.
+
+8. INTELLECTUAL PROPERTY INDEMNIFICATION.
+
+8.1 Defense and Indemnification. Subject to the remainder of this Section 8,
+VMware shall defend You against any third party claim that the Software
+infringes any patent, trademark or copyright of such third party, or
+misappropriates a trade secret (but only to the extent that such
+misappropriation is not a result of Your actions) under the laws of: (a) the
+United States and Canada; (b) the European Economic Area; (c) Australia; (d)
+New Zealand; (e) Japan; or (f) the People's Republic of China, to the extent
+that such countries are part of the Territory for the License ("Infringement
+Claim") and indemnify You from the resulting costs and damages finally awarded
+against You to such third party by a court of competent jurisdiction or agreed
+to in settlement; provided that You: (i) promptly provide VMware with notice
+of such Infringement Claim; (ii) allow VMware sole control over the defense
+thereof and related settlement negotiation; and (iii) reasonably cooperate in
+response to VMware requests for assistance. You may not settle or compromise
+any Infringement Claim without the prior written consent of VMware.
+
+8.2 Remedies. Should the Software become, or in VMware's opinion be likely to
+become, the subject of an Infringement Claim, VMware will, at VMware's option
+and expense either: (a) procure the rights necessary for You to make
+continued use of the affected Software in accordance with this EULA; (b)
+replace or modify the affected Software to make it non-infringing; or (c)
+terminate the License to the affected Software and discontinue the related
+support services, and, upon Your certified deletion of the affected Software,
+refund: (i) the fees paid by You for the License to the affected Software,
+less straight-line depreciation over a three (3) year useful life beginning on
+the date such Software was delivered; and (ii) any pre-paid service fee
+attributable to related support services to be delivered after the date such
+service is stopped. Nothing in this Section 8.2 shall limit VMware's
+obligation under Section 8.1 to defend and indemnify You, provided that You
+replace the allegedly infringing Software upon VMware's making alternate
+Software available to You and/or You discontinue using the allegedly
+infringing Software upon receiving VMware's notice terminating the affected
+License.
+
+8.3 Exclusions. Notwithstanding the foregoing, VMware will have no obligation
+under this Section 8 or otherwise with respect to any claim based on: (a) a
+combination of Software with non-VMware products (other than non-VMware
+products that are listed on the Order and used in an unmodified form); (b) use
+for a purpose or in a manner for which the Software was not designed; (c) use
+of any older version of the Software when use of a newer VMware revision would
+have avoided the infringement; (d) any modification to the Software made
+without VMware's express written approval; (e) any claim that relates to open
+source software or freeware technology or any derivatives or other adaptations
+thereof that is not embedded by VMware into Software listed on VMware's
+commercial price list; (f) any claim that relates to Linux or Android open
+source software, even when it has been embedded into or distributed with the
+Software or (g) any Software provided on a no charge, beta or evaluation
+basis. THIS SECTION 8 STATES YOUR SOLE AND EXCLUSIVE REMEDY AND VMWARE'S
+ENTIRE LIABILITY FOR ANY INFRINGEMENT CLAIMS OR ACTIONS.
+
+9. LIMITATION OF LIABILITY.
+
+9.1 Limitation of Liability. TO THE MAXIMUM EXTENT MANDATED BY LAW, IN NO
+EVENT WILL VMWARE AND ITS LICENSORS BE LIABLE FOR ANY LOST PROFITS OR BUSINESS
+OPPORTUNITIES, LOSS OF USE, LOSS OF REVENUE, LOSS OF GOODWILL, 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. BECAUSE SOME
+JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR
+CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE PRECEDING LIMITATION MAY NOT APPLY TO
+YOU. VMWARE'S AND ITS LICENSORS' LIABILITY UNDER THIS EULA WILL NOT, IN ANY
+EVENT, REGARDLESS OF WHETHER THE CLAIM IS BASED IN CONTRACT, TORT, STRICT
+LIABILITY, OR OTHERWISE, EXCEED THE LICENSE FEES YOU PAID FOR THE SOFTWARE, IF
+ANY. THE FOREGOING LIMITATIONS SHALL APPLY REGARDLESS OF WHETHER VMWARE OR ITS
+LICENSORS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND REGARDLESS
+OF WHETHER ANY REMEDY FAILS OF ITS ESSENTIAL PURPOSE.
+
+9.2 Further Limitations. VMware's licensors shall have no liability of any
+kind under this EULA and VMware's liability with respect to any third party
+software embedded in the Software shall be subject to Section 9.1. You may
+not bring a claim under this EULA more than eighteen (18) months after the
+cause of action arises.
+
+10. TERMINATION.
+
+10.1 License Term. This EULA will terminate in its entirety upon the
+termination of the License Term, unless terminated earlier under this Section
+10.
+
+10.2 Termination for Breach. VMware may terminate this EULA in its entirety
+effective immediately upon written notice to You if: (a) You breach any
+provision in Section 3 and do not cure the breach within ten (10) days after
+receiving written notice thereof from VMware; (b) You fail to pay any portion
+of the fees under an applicable Order within ten (10) days after receiving
+written notice from VMware that payment is past due; (c) You breach any other
+provision of this EULA and don't not cure the breach within thirty (30) days
+after receiving written notice thereof from VMware; or (d) You commit a
+material breach that is not capable of being cured.
+
+10.3 Termination for Insolvency. VMware may terminate this EULA in its
+entirety effective immediately upon written notice to You if You: (a)
+terminate or suspend your business; (b) become insolvent, admit in writing
+Your inability to pay Your debts as they mature, make an assignment for the
+benefit of creditors; or become subject to control of a trustee, receiver or
+similar authority; or (c) become subject to any bankruptcy or insolvency
+proceeding.
+
+10.4 Effect of Termination. If VMware terminates this EULA under this
+Section 10: (a) all Licensed rights to all Software granted to You under this
+EULA will immediately cease to exist; and (b) You must promptly discontinue
+all use of all Software, and (destroy all copies of the Software and all
+License Key(s)) and return, or if requested by VMware, destroy, any related
+VMware Confidential Information in Your possession or control and certify in
+writing to VMware that You have fully complied with these requirements.
+Sections 1 (Definitions), 2.6 (Open Source Software), 3 (Restrictions;
+Ownership), 5.1 (Records), 5.2 (Audit Rights), 7.2 (Disclaimer of Warranties),
+9 (Limitation of Liability), 10 (Termination), 11 (Confidential Information)
+and 12 (General) will any survive termination of this EULA.
+
+11. CONFIDENTIAL INFORMATION.
+
+11.1 Definition. "Confidential Information" means information or materials
+provided by one party ("Discloser") to the other party ("Recipient") which are
+in tangible form and labeled "confidential" or the like, or, information which
+a reasonable person knew or should have known to be confidential. The
+following information shall be considered Confidential Information whether or
+not marked or identified as such: (a) License Keys; (b) information regarding
+VMware's pricing, product roadmaps or strategic marketing plans; and (c) non-
+public materials relating to the Software.
+
+11.2 Protection. Recipient may use Confidential Information of Discloser; (a)
+to exercise its rights and perform its obligations under this EULA; or (b) in
+connection with the parties' ongoing business relationship. Recipient will
+not use any Confidential Information of Discloser for any purpose not
+expressly permitted by the EULA, and will disclose the Confidential
+Information of Discloser only to the employees or contractors of Recipient who
+have a need to know such Confidential Information for purposes of the EULA and
+who are under a duty of confidentiality no less restrictive than Recipient's
+duty hereunder. Recipient will protect Confidential Information from
+unauthorized use, access, or disclosure in the same manner as Recipient
+protects its own confidential or proprietary information of a similar nature
+but with no less than reasonable care.
+
+11.3 Exceptions. Recipient's obligations under Section 11.2 with respect to
+any Confidential Information will terminate if Recipient can show by written
+records that such information: (a) was already known to Recipient at the time
+of disclosure by Discloser; (b) was disclosed to Recipient by a third party
+who had the right to make such disclosure without any confidentiality
+restrictions; (c) is, or through no fault of Recipient has become, generally
+available to the public; or (d) was independently developed by Recipient
+without access to, or use of, Discloser's Information. In addition, Recipient
+will be allowed to disclose Confidential Information to the extent that such
+disclosure is required by law or by the order of a court of similar judicial
+or administrative body, provided that Recipient notifies Discloser of such
+required disclosure promptly and in writing and cooperates with Discloser, at
+Discloser's request and expense, in any lawful action to contest or limit the
+scope of such required disclosure.
+
+11.4 Data Privacy. You agree that VMware may process technical and related
+information about Your use of the Software which may include internet protocol
+address, hardware identification, operating system, application software,
+peripheral hardware, and non-personally identifiable Software usage statistics
+to facilitate the provisioning of updates, support, invoicing or online
+services and may transfer such information to other companies in the VMware
+worldwide group of companies from time to time. To the extent that this
+information constitutes personal data, VMware shall be the controller of such
+personal data. To the extent that it acts as a controller, each party shall
+comply at all times with its obligations under the local legislation
+applicable in the Territory for the protection of individuals with regard to
+the processing of personal data. Collected data is subject to VMware's Privacy
+Policy at http://www.vmware.com/help/privacy.html.
+
+12. GENERAL.
+
+12.1 Assignment. This EULA and any Orders, and any of Your rights or
+obligations thereunder, may not be assigned, subcontracted or transferred by
+You, in whole or in part, whether voluntary, by operation of contract, law or
+otherwise, without the prior written consent of VMware. Any attempted
+assignment or transfer in violation of the foregoing will be null and void.
+Subject to the foregoing, this EULA will be binding upon and will inure to the
+benefit of the parties and their respective successors and assigns.
+
+12.2 Notices. Any notice delivered by VMware to You under this EULA will be
+delivered via mail, email or fax.
+
+12.3 Waiver. The waiver of a breach of any provision of this EULA shall
+not constitute a waiver of any other provision or any subsequent breach.
+
+12.4 Severability. If any provision of this EULA is held to be illegal,
+invalid or unenforceable, the provision will be enforced to the maximum extent
+permissible so as to effect the intent of the parties, and the remaining
+provisions of this EULA will remain in full force and effect.
+
+12.5 Compliance with Laws; Export Control; Government Regulations. Each party
+shall comply with all laws applicable to the actions contemplated by this
+EULA. You acknowledge that the Software is of United States origin, is
+provided subject to the U.S. Export Administration Regulations, may be subject
+to the export control laws of the applicable territory, and that diversion
+contrary to applicable export control laws is prohibited. You represent that
+(1) you are not, and are not acting on behalf of, (a) any person who is a
+citizen, national, or resident of, or who is controlled by the government of
+any country to which the United States has prohibited export transactions; or
+(b) any person or entity listed on the U.S. Treasury Department list of
+Specially Designated Nationals and Blocked Persons, or the U.S. Commerce
+Department Denied Persons List or Entity List; and (2) you will not permit the
+Software to be used for, any purposes prohibited by law, including, any
+prohibited development, design, manufacture or production of missiles or
+nuclear, chemical or biological weapons. 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
+and documentation by the U.S. Government shall be governed solely by the terms
+and conditions of this EULA.
+
+12.6 Construction. The headings of sections of this EULA are for convenience
+and are not to be used in interpreting this EULA. As used in this EULA, the
+word 'including' means "including but not limited to."
+
+12.7 Governing Law. This EULA is governed by the laws of the State of
+California, United States of America, unless mandated by other law. The
+United Nations Convention for the International Sale of Goods shall not apply.
+
+12.8 Third Party Rights. Other than as expressly set out in this EULA, this
+EULA does not create any rights for any person who is not a party to it, and
+no person who is not a party to this EULA may enforce any of its terms or rely
+on any exclusion or limitation contained in it.
+
+12.9 Product Guide. In addition to the above sections, Your use of the
+Software is subject to the terms and conditions of the Product Guide, which is
+incorporated herein by reference.
+
+12.10 Order of Precedence. In the event of conflict or inconsistency among
+the Product Guide, this EULA and the Order, the following order of precedence
+shall apply: (a) the Product Guide, (b) this EULA and (c) the Order. With
+respect to any inconsistency between this EULA and an Order, the terms of this
+EULA shall supersede and control over any conflicting or additional terms and
+conditions of any Order, acknowledgement or confirmation or other document
+issued by You, unless the parties execute a written agreement expressly
+indicating: (i) that such Order shall modify this EULA; or (ii) that the terms
+of such Order shall supersede and control in the event of any inconsistency.
+
+12.11 Entire Agreement. This EULA, including accepted Orders and any
+amendments hereto, and the Product Guide contain the entire agreement of the
+parties with respect to the subject matter of this EULA and supersede all
+previous or contemporaneous communications, representations, proposals,
+commitments, understandings and agreements, whether written or oral, between
+the parties regarding the subject matter hereof. This EULA may be amended
+only in writing signed by authorized representatives of both parties.
+
+12.12 Contact Information. Please direct legal notices or other
+correspondence to VMware, Inc., 3401 Hillview Avenue, Palo Alto, California
+94304, United States of America. If You have any questions concerning this
+EULA, please send an email to info@vmware.com.
|