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authorChris Gianelloni <wolf31o2@gentoo.org>2004-04-09 23:07:21 +0000
committerChris Gianelloni <wolf31o2@gentoo.org>2004-04-09 23:07:21 +0000
commite11610c6e1bee1ba6b1237afd2ab2d114fc2f7b4 (patch)
tree87bed12a50423d68cc5f55edeee5ed046ba06cbd /licenses/vmware-console
parentadded gtkhtml check (#45485) (diff)
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+END USER LICENSE AGREEMENT
+FOR VMWARE CLIENT SOFTWARE
+May 14, 2003 (GSX Server, version 2.5.1)
+
+VMWARE, INC. LICENSES THIS CLIENT SOFTWARE TO YOU SUBJECT TO THE
+TERMS CONTAINED IN THIS END USER LICENSE AGREEMENT ("EULA"). READ
+THE TERMS OF THIS EULA CAREFULLY. BY INSTALLING, COPYING OR
+OTHERWISE USING THE SOFTWARE (AS DEFINED BELOW), YOU AGREE TO BE
+BOUND BY THE TERMS OF THIS EULA. IF YOU DO NOT AGREE TO THE TERMS
+OF THIS EULA, DO NOT INSTALL, COPY OR USE THE SOFTWARE.
+
+NOTICE TO CUSTOMER
+If you do not agree to the terms of this EULA, do not install,
+activate, or use this software. This EULA is a contract between
+you (either an individual or an entity) and VMware, Inc.
+("VMware"), which governs your use of this VMware software product
+that accompanies this EULA and related software components, which
+may include associated media, printed materials, and online or
+electronic documentation.
+
+REQUIREMENTS AND DEFINITIONS
+This client software package is composed of a remote console
+software component (the "Remote Console Software") and VmPerl and
+VmCOM client management libraries (in executable form) and related
+application programming interfaces (the "Client Management
+Software"). A Perl Interpreter is provided with the VmPerl Client
+Management Software. This client software package may include
+sample client management programs or scripts ("Sample Programs").
+You may use and distribute Sample Programs under the terms set
+forth in the applicable Sample Programs files. The Remote Console
+Software and the Client Management Software may only be used with
+a VMware Server product licensed by VMware to you under a separate
+license agreement (the "VMware Server Product"). Your VMware
+Server Product enables you to run multiple instances of third-
+party operating systems ("Guest Operating Systems") and
+application programs on the computing device on which it is
+validly installed. When installed on a computer or terminal other
+than the server(s) on which you have installed the VMware Server
+Product, the Remote Console Software enables a user to access
+remotely the server(s) on which the VMware Server Product is
+validly installed. You may not install the Remote Console
+Software on any computer or terminal, unless you have already
+licensed or are concurrently licensing a VMware Server Product. A
+"Virtual Machine" is an instance of a Guest Operating System and
+any application programs installed thereon, running on a computing
+device on which the VMware Server Product is installed, or
+suspended to disk or any other storage media accessible by the
+computing device. The Client Management Software enables you to
+write programs to manage the Virtual Machines running on or
+accessible by the computing device(s) on which the VMware Server
+Product is installed. "Remote Access Services" permit a user to
+interact with the graphical or text-based interface of a Guest
+Operating System from another computing device networked to a
+server on which the VMware Server Product is installed. In this
+EULA, the Remote Console Software and the Client Management
+Software and associated media, printed materials, and online or
+electronic documentation are collectively referred to as the
+"Software."
+
+WARNING FOR EVALUATION LICENSEES
+The VMware Server Product can be activated with a no-cost
+evaluation Software License Key. Evaluation Software License Keys
+have an expiration date ("Expiration Date"). If you activate the
+VMware Server Product with an evaluation Software License Key: (i)
+you may use the Software until the Expiration Date only to
+evaluate the suitability of the Software for licensing on a for-
+fee basis; (ii) the limited 90-day warranty below is not
+applicable to you; and (iii) THE SOFTWARE IS PROVIDED TO YOU "AS
+IS" WITHOUT WARRANTY OF ANY KIND, WHETHER EXPRESS, IMPLIED,
+STATUTORY, OR OTHERWISE. VMWARE BEARS NO LIABILITY FOR ANY
+DAMAGES RESULTING FROM USE (OR ATTEMPTED USE) OF THE SOFTWARE
+THROUGH AND AFTER THE EXPIRATION DATE, AND HAS NO DUTY TO PROVIDE
+SUPPORT TO YOU.
+
+LICENSE
+The Software is licensed, not sold. Subject to the terms and
+limitations of this EULA, VMware hereby grants you a nonexclusive,
+nontransferable license, without rights to sublicense, to (i)
+internally use and reproduce the Client Management Software to
+create programs that interface with the Client Management Software
+to manage Virtual Machines ("Your Management Programs"); (ii)
+internally use Your Management Programs solely for the purpose of
+managing Virtual Machines operated on VMware Server Products
+installed on your own internal servers; (iii) use and reproduce
+the Remote Console Software (in object code form only) for
+installation and operation on an unlimited number of your own
+internal computers or terminals solely for the purpose of
+accessing server(s) on which you have validly installed a VMware
+Server Product and (vi) use the documentation accompanying the
+Software in connection with permitted uses of the Software.
+
+Your use of the Perl Interpreter included with the VmPerl Client
+Management Software is subject to the applicable open source
+license agreement described in the documentation or other
+materials included with the Perl Interpreter.
+
+LICENSE LIMITATIONS
+You may not copy the Software except for a reasonable number of
+machine-readable copies of the Software for backup or archival
+purposes and except as expressly permitted in the License section
+above. You may not remove any titles, trademarks or trade names,
+copyright notices, legends, or other proprietary markings on the
+Software. You are not granted any rights to any trademarks or
+service marks of VMware. VMware retains all rights not expressly
+granted to you.
+
+PROPRIETARY RIGHTS RESERVED BY VMWARE
+VMware retains all right, title, and interest in and to the
+Software and in all related copyrights, trade secrets, patents,
+trademarks, and any other intellectual and industrial property and
+proprietary rights, including registrations, applications,
+renewals, and extensions of such rights.
+
+RESTRICTIONS
+You may not (i) sell, lease, license, sublicense, distribute or
+otherwise transfer in whole or in part the Software or Your
+Management Programs to another party; (ii) provide, disclose,
+divulge or make available to, or permit use of the Software in
+whole or in part by, any third party without VMware's prior
+written consent; (iii) modify or create derivative works based
+upon the Software, except as expressly provided with respect to
+Client Management Software in the LICENSE section above; or (iv)
+use the Software on a service bureau or hosting basis to provide
+Remote Access Services connecting your customers to Guest
+Operating Systems. Except to the extent expressly permitted by
+applicable law, and to the extent that VMware is not permitted by
+that applicable law to exclude or limit the following rights, you
+may not decompile, disassemble, reverse engineer, or otherwise
+attempt to derive source code from the Software, in whole or in
+part. You may not disclose the results of any benchmark test of
+the Software to any third party without VMware's prior written
+approval.
+
+SUPPORT AND SUBSCRIPTION SERVICES NOT INCLUDED
+VMware will not provide any support services under this EULA.
+This EULA does not give you any rights to any updates or upgrades
+to the Software or to any extensions or enhancements to the
+Software developed by VMware at any time in the future. You may
+purchase support and subscription services separately. If you
+have purchased VMware support and subscription services with the
+Software, these services are provided to you under the Support
+Contract Terms and Conditions posted on VMware's Web site at
+http://www.vmware.com/support/using/premium.html, and by accepting
+the terms of this EULA you are accepting these Support Contract
+Terms and Conditions. Any supplemental software code or related
+materials that VMware provides to you as part of any support and
+subscription services are to be considered part of the Software
+and are subject to the terms and conditions of this EULA. VMware
+may use any technical information you provide to VMware for any
+VMware business purposes without restriction, including for
+product support and development. VMware will not use information
+in a form that personally identifies you.
+
+TERMINATION
+VMware may terminate this EULA if you fail to comply with any term
+of this EULA. In the event of termination, you must destroy all
+copies of the Software. In addition you must remove all copies of
+the Software from all computers and terminals on which it is
+installed.
+
+GOVERNMENT RESTRICTIONS
+You may not export or re-export the Software except in compliance
+with the United States Export Administration Act and the related
+rules and regulations and similar non-U.S. government
+restrictions, if applicable. 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 by the U.S.
+Government shall be governed solely by the terms of this EULA.
+
+LIMITED WARRANTY
+VMware warrants that the media, if any, on which the Software is
+delivered will be free of defects and that the Software will
+substantially conform to the description contained in the
+applicable documentation in each case for a period of 90 days
+after the date of shipment of the Software. EXCEPT FOR THE
+PRECEDING EXPRESS LIMITED WARRANTY, TO THE MAXIMUM EXTENT
+PERMITTED BY APPLICABLE LAW, VMWARE PROVIDES THE SOFTWARE WITHOUT
+ANY WARRANTIES OF ANY KIND, EXPRESS, IMPLIED, STATUTORY, OR IN ANY
+OTHER PROVISION OF THIS EULA OR COMMUNICATION WITH YOU, AND VMWARE
+SPECIFICALLY DISCLAIMS ANY IMPLIED WARRANTIES OF MERCHANTABILITY,
+FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
+
+LIMITATION OF LIABILITY
+TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT
+WILL VMWARE BE LIABLE FOR ANY LOST PROFITS OR BUSINESS
+OPPORTUNITIES, LOSS OF USE, 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 LIABILITY UNDER THIS EULA WILL NOT, IN ANY EVENT, EXCEED
+THE LICENSE FEES, IF ANY, PAID BY YOU TO VMWARE FOR THE SOFTWARE
+LICENSED BY YOU UNDER THIS EULA.
+
+THE FOREGOING LIMITATIONS SHALL APPLY TO THE MAXIMUM EXTENT
+PERMITTED BY APPLICABLE LAW, REGARDLESS OF WHETHER VMWARE HAS BEEN
+ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND REGARDLESS OF
+WHETHER ANY REMEDY FAILS OF ITS ESSENTIAL PURPOSE.
+
+GENERAL
+This EULA is governed by the laws of the State of California and
+the United States of America, without regard to conflict of law
+principles. The United Nations Convention for the International
+Sale of Goods shall not apply. This EULA is the entire agreement
+between us and supersedes the terms of any purchase orders and any
+other communications or advertising with respect to the Software.
+If any provision of this EULA is held invalid, the remainder of
+this EULA shall continue in full force and effect. This EULA may
+be modified only by written agreement signed by authorized
+representatives of you and VMware.
+
+CONTACT INFORMATION
+If you have any questions about this EULA, or if you want to
+contact VMware for any reason, please direct all correspondence
+to: VMware, Inc., 3145 Porter Drive, Palo Alto, CA 94304, United
+States of America or email info@vmware.com.
+
+VMware is a trademark of VMware, Inc.
+
+