Chip: Linux Special/CorelLinux_CHIP.iso/VMware/doc/EULA

Text File | 1999-11-10 | 9.1 KB | 173 lines

VMware, Inc. End User License Agreement

Notice to User: This End User License Agreement (EULA) is a CONTRACT
between you (either an individual or a single entity) and VMware,
Inc. (VMware), which covers your use of either "VMware for Linux" or
"VMware for Windows NT and Windows 2000" and related software components,
which may include associated media, printed materials, and "online" or
electronic documentation.  All such software and materials are referred to
here as the "Software Product." If you do not agree to the terms of this
EULA, then do not install or use the Software Product.  By explicitly
accepting this EULA, however, or by installing, copying, downloading,
accessing or otherwise using the Software Product and/or license key,
you are acknowledging and agreeing to be bound by the following terms:

1. WARNING -- (for Evaluation Licenses only).
This Software Product can be used in conjunction with a free evaluation
license and associated license key  If you are using such an evaluation
license, you may use the Software Product only to evaluate its suitability
for purchase. Evaluation licenses have an expiration date; you may renew
your evaluation license at the VMware web site. VMWARE BEARS NO LIABILITY
FOR ANY DAMAGES RESULTING FROM USE (OR ATTEMPTED USE AFTER THE
EXPIRATION DATE) OF THE SOFTWARE PRODUCT, AND HAS NO DUTY TO
PROVIDE ANY SUPPORT.

2. Grant of Non-Exclusive License.
A software license key ("Software License Key") issued to a designated
user only by VMware or its authorized agents is required for each user
of the Software Product. This Software License Key enables a designated
user to use the Software Product on a single computer system.  Each user
on a multi-user computer system who uses VMware requires an additional
license, and associated Software License Key, for Software Product.

VMware grants you the nonexclusive, nontransferable right to have each
such designated user use the Software Product on a single computer
running validly licensed copies of the operating system for which the
Software Product was designed. You may not modify or create derivative
copies of the Software Product.  All rights not expressly granted to
you are retained by VMware.

Mere remote access to applications running in a Guest Operating System
running under the control of the Software Product, does not constitute
use of the Software Product requiring an additional license and associated
Software License Key.

You may make copies of Software Product as reasonably necessary for the
use authorized above, including as needed for backup and/or archival
purposes.  No other copies may be made.  Each copy must reproduce all
copyright and other proprietary rights notices on or in the Software
Product.

You may install each Software License Key on a single computer system
and make copies of the Software License Key as necessary only for backup
and/or archival purposes. No other copies may be made.  Each copy must
reproduce all copyright and other proprietary rights notices on or in
the license key. You may not modify or create derivative copies of the
Software License Key.

3. Licenses Required for Guest Operating Systems
The Software Product allows additional operating systems ("Guest Operating
Systems") to run on a computer system. You must have a valid licensed
copy of each Guest Operating System for such use.

4. Intellectual Property Rights Reserved by VMware.
The Software Product is protected by U.S. and international copyright laws
and treaties, as well as other intellectual property laws and treaties.
You must not remove or alter any copyright notices on any copies of the
Software Product.  This Software Product copy is licensed, not sold.
Furthermore, this EULA does not grant you any rights in connection
with any trademarks or service marks of VMware.  VMware reserves all
intellectual property rights, including copyrights and trademark rights.

5. No Right To Transfer.
You may not rent, lease, lend or in any way distribute or transfer any
rights in this EULA or the Software Product to third parties without
VMware's written approval and subject to written agreement by the
recipient of the terms of this EULA.

6. Prohibition on Reverse Engineering, Decompilation, and Disassembly.
You may not reverse engineer, decompile, defeat license key encryption
mechanisms or disassemble the Software Product or Software License Key
except and only to the extent that such activity is expressly permitted
by applicable law notwithstanding this limitation.

7. Third Party Rights.
Any software provided along with the Software Product that is associated
with a separate license agreement is licensed to you under the terms
of that license agreement.  VMware will make available for review any
such third party license agreements if you contact VMware at the address
given below.

8. Support Services.
VMware may provide you with support services related to the Software
Product.  Use of any such support services is governed by the VMware
polices and programs described in "on line" documentation and/or other
VMware-provided materials.  Any supplemental software code or related
materials that VMware provides to you as part of the support services
is to be considered part of the Software Product and is subject to
the terms and conditions of this EULA.  With respect to any technical
information you provide to VMware as part of the support services, VMware
may use such information for its business purposes without restriction,
including for product support and development.  VMware will not use such
technical information in a form that personally identifies you.

9. Termination Without Prejudice to Any Other Rights.
VMware may terminate this EULA if you fail to comply with any term or
condition of this EULA.  In such event, you must destroy all copies of
the Software Product and Software License Keys.

10. U.S. Government Use.
The Software Product is deemed to be "commercial computer software" and
"commercial computer software documentation" pursuant to DFAR Section
227.7202 and FAR Section 12.212, as applicable.  Any use, modification,
reproduction, release, performing, displaying or disclosing of the
Software Product by the U.S. government shall be governed solely by the
terms of this EULA and shall be prohibited except to the extent expressly
permitted by the terms of this EULA.

11. Export Restrictions.
You will not export (including transferring electronically over any
network, including the Internet) or re-export the Software Product,
any part thereof, or any process or service that is the direct product
of the Software Product (collectively referred to as the "Restricted
Components"), to any country, person or entity -- even to foreign units
of your own company - in violation of U.S. export restrictions.

12. NO WARRANTIES.
YOU ACCEPT THE SOFTWARE PRODUCT AND SOFTWARE LICENSE KEYS "AS
IS," AND VMWARE (AND ITS THIRD PARTY SUPPLIERS AND LICENSORS)
MAKE NO WARRANTY AS TO ITS USE, PERFORMANCE, OR OTHERWISE.  TO
THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, VMWARE (AND ITS
THIRD PARTY SUPPLIERS AND LICENSORS) DISCLAIM ALL OTHER
REPRESENTATIONS, WARRANTIES AND CONDITIONS, EXPRESS, IMPLIED,
STATUTORY, OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO, IMPLIED
WARRANTIES OR CONDITIONS OF MERCHANTABILITY, SATISFACTORY
QUALITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND
NON-INFRINGEMENT. THE ENTIRE RISK ARISING OUT OF USE OR
PERFORMANCE OF THE SOFTWARE PRODUCT REMAINS WITH YOU.

13. LIMITATION OF LIABILITY.
THIS LIMITATION OF LIABILITY IS TO THE MAXIMUM EXTENT PERMITTED
BY APPLICABLE LAW. IN NO EVENT SHALL VMWARE (OR ITS THIRD PARTY
SUPPLIERS AND LICENSORS) BE LIABLE FOR ANY COSTS OF SUBSTITUTE
PRODUCTS OR SERVICES, OR FOR ANY SPECIAL, INCIDENTAL, INDIRECT,
OR CONSEQUENTIAL DAMAGES WHATSOEVER (INCLUDING, WITHOUT
LIMITATION, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS
INTERRUPTION, OR LOSS OF BUSINESS INFORMATION) ARISING OUT OF
THIS EULA OR THE USE OF OR INABILITY TO USE THE SOFTWARE PRODUCT
OR THE FAILURE TO PROVIDE SUPPORT SERVICES, EVEN IF VMWARE HAS
BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.  IN ANY CASE,
VMWARE'S (AND ITS THIRD PARTY SUPPLIERS' AND LICENSORS') ENTIRE
LIABILITY ARISING OUT OF THIS EULA SHALL BE LIMITED TO THE GREATER
OF THE AMOUNT ACTUALLY PAID BY YOU FOR THE SOFTWARE PRODUCT OR
U.S. $5.00; PROVIDED, HOWEVER, THAT IF YOU HAVE ENTERED INTO A
VMWARE SUPPORT SERVICES AGREEMENT, VMWARE'S ENTIRE LIABILITY
REGARDING SUPPORT SERVICES SHALL BE GOVERNED BY THE TERMS OF
THAT AGREEMENT.

14. Governing Law; Entire Agreement.
This EULA is governed by the laws of the State of California, U.S.A.,
excluding the application of its conflict of law rules.  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 Product;
this EULA may be modified only by written agreement signed by authorized
representatives of you and VMware.

15. Contact Information
If you have any questions about this EULA, or if you want to contact
VMware for any reason, please contact VMware: VMware, Inc., 3145 Porter
Drive, Building F, Palo Alto, CA 94304, United States of America or
email [e-mail].