Fixup fromcvs/togit conversion

[minix-pkgsrc.git] / licenses / vmware-license

VMware, Inc.  For One (1) Computer

END USER LICENSE AGREEMENT FOR VMWARE SOFTWARE 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 the VMware software product
that accompanies this EULA and related software components, which
may  include associated media, printed materials, and "online" or
electronic documentation. All such software and materials are re-
ferred  to  herein  as the "Software Product." A software license
and a license key or serial number ("Software Product  License"),
issued  to  a  designated  user  only by VMware or its authorized
agents, is required for each user of the Software Product. If you
do  not  agree  to the terms of this EULA, then do not install or
use the Software Product or the Software Product License. By  ex-
plicitly accepting this EULA, however, or by installing, copying,
downloading, accessing, or otherwise using the  Software  Product
and/or Software Product License, you are acknowledging and agree-
ing 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 Soft-
ware Product License. If you are using such an  evaluation  Soft-
ware  Product  License,  you may use the Software Product only to
evaluate its suitability for purchase. Evaluation Software  Prod-
uct  Licenses  have an expiration date. 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 PRO-
VIDE ANY SUPPORT.

2. GRANT OF NON-EXCLUSIVE LICENSE.

.    Software Product License.   The  Software  Product  License,
which is issued to a designated user, enables such designated us-
er to use the Software Product on a single computer system.  Each
user  on a multi-user computer system who uses the Software Prod-
uct requires an additional Software Product License.  You may not
modify  or  create  derivative copies of the Software Product Li-
cense.

.    Grant of License.  Subject  to  a  validly  issued  Software
Product  License,  VMware  grants  to you the non-exclusive, non-
transferable right for you to use the Software Product on a  sin-
gle  computer  running  a  validly licensed copy 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.

.    Shared Computing Laboratory Use.  For shared  use  computing
laboratory environments within academic institutions, profession-
al certification and  training  centers,  and  quality  assurance
groups,  the  license grant above shall be modified to permit use
of the Software Product on a single computer system  without  the
limitation  that such use be limited to the designated user; pro-
vided that any such user agree to and abide by the terms of  this
EULA;  provided  further that you must acquire and dedicate a li-
cense for each separate computer system  on  which  the  Software
Product is installed.  Under this shared computing laboratory use
license, a computing laboratory at an academic institution having
ten  computers  loaded with the Software Product on which no more
than five users would concurrently access and  use  the  Software
Product,  for example, would require ten Software Product Licens-
es.  Unless the computing laboratory is operated  and  maintained
by and within an academic institution, professional certification
and training center, or quality  assurance  group,  this  limited
shared use license does not apply.  No other shared or concurrent
use of the Software Product  is  permitted.  You  may  not  rent,
lease, sublicense, or lend the Software Product.

.    Backup Copy: Software Product.  You may make copies of Soft-
ware 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  copy-
right  and other proprietary rights notices on or in the Software
Product.  .    Backup Copy: Software Product  License.   You  may
install each Software Product License on a single computer system
and make copies of the Software Product License as necessary only
for  backup  and/or  archival  purposes.   No other copies may be
made.  Each copy must reproduce all copyright and  other  propri-
etary rights notices on or in the Software Product License.

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 li-
censed copy of each Guest Operating System for such use.  In  the
event that the Software Product includes a valid licensed copy of
a Guest Operating System for pre-installation in  a  virtual  ma-
chine, the use of such Guest Operating System shall be defined by
the EULA for that Guest Operating System.  By explicitly  accept-
ing this EULA, or by installing, copying, downloading, accessing,
or otherwise using the Software Product and/or  Software  Product
License,  you  are  acknowledging and agreeing to be bound by the
terms of EULA for the pre-installed Guest Operating System, which
terms accompany the Guest Operating System.


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, includ-
ing 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 ap-
proval and subject to written agreement by the recipient  of  the
terms of this EULA.

6.  PROHIBITION ON REVERSE ENGINEERING, DECOMPILATION, AND DISAS-
SEMBLY.  You may not reverse engineer, decompile, defeat  license
encryption  mechanisms,  or  disassemble  the Software Product or
Software Product License 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
provided below.

8.  SUPPORT  SERVICES.   VMware may provide you with support ser-
vices related to the Software Product. Use of  any  such  support
services is governed by the VMware polices and programs described
in "online" 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  consid-
ered part of the Software Product and is subject to the terms and
conditions of this EULA. With respect to any  technical  informa-
tion  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 condi-
tion  of this EULA. In such event, you must destroy all copies of
the Software Product and Software Product Licenses.

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, re-
lease, 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 trans-
ferring electronically over any network, including the  Internet)
or  re-export the Software Product, any part thereof, or any pro-
cess or service that is the direct product of the Software  Prod-
uct (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
PRODUCT LICENSE "AS IS," AND VMWARE (AND ITS THIRD PARTY  SUPPLI-
ERS  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,  IM-
PLIED,  STATUTORY,  OR  OTHERWISE, INCLUDING, BUT NOT LIMITED TO,
IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, SATISFACTORY
QUALITY,  FITNESS  FOR  A  PARTICULAR PURPOSE, TITLE, AND NON-IN-
FRINGEMENT. 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 (IN-
CLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF  BUSINESS  PROF-
ITS,  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 LICEN-
SORS') ENTIRE LIABILITY ARISING OUT OF THIS EULA SHALL BE LIMITED
TO  THE  GREATER OF THE AMOUNT ACTUALLY PAID BY YOU FOR THE SOFT-
WARE 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 appli-
cation  of  its conflict of law rules. The United Nations Conven-
tion 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  Prod-
uct;  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 di-
rect all correspondence to:  VMware,  Inc.,  3145  Porter  Drive,
Building  F,  Palo  Alto,  CA  94304, United States of America or
email info@vmware.com.

VMware is a trademark of VMware, Inc.