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diff --git a/licenses/vmware-console b/licenses/vmware-console new file mode 100644 index 000000000000..b59ec07a49cc --- /dev/null +++ b/licenses/vmware-console @@ -0,0 +1,226 @@ +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. + + |