221 lines
12 KiB
Text
221 lines
12 KiB
Text
END USER LICENSE AGREEMENT
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FOR VMWARE(TM) DESKTOP SOFTWARE PRODUCT
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VMWARE, INC. LICENSES THIS DESKTOP SOFTWARE PRODUCT TO YOU SUBJECT TO
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YOUR ACCEPTANCE OF ALL OF THE TERMS CONTAINED IN THIS END USER LICENSE
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AGREEMENT ("EULA"). READ THE TERMS OF THIS EULA CAREFULLY. IF YOU DO
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NOT ACCEPT THIS AGREEMENT AND YOU HAVE PROOF OF PAYMENT, YOU MAY RETURN
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THE UNOPENED SOFTWARE TO THE LOCATION AT WHICH YOU ACQUIRED IT WITHIN
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THIRTY (30) DAYS FOR A REFUND OF THE LICENSE FEE. IF YOU ARE VIEWING
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THIS EULA ELECTRONICALLY, SELECT THE "YES" BUTTON AT THE BOTTOM OF THIS
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PAGE TO INDICATE YOUR AGREEMENT TO THE TERMS OF THIS EULA. IF YOU ARE NOT
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WILLING TO BE BOUND BY ITS TERMS, SELECT THE "NO" BUTTON AT THE BOTTOM OF
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THIS PAGE AND THE REGISTRATION OR INSTALLATION PROCESS WILL NOT CONTINUE.
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NOTICE TO CUSTOMER
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If you do not agree to the terms of this EULA, do not install, activate,
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or use this software. This EULA is a contract between you (either an
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individual or an entity) and VMware, Inc. ("VMware"), which governs
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your use of the VMware software product that accompanies this EULA
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and related software components, which may include associated media,
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printed materials, and online or electronic documentation.
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DEFINITIONS
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In this EULA, the Desktop software and associated media, printed
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materials, and online or electronic documentation are collectively
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referred to as the "Software." When installed, the Software enables
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you to run one or more instances of third-party operating systems
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("Guest Operating Systems") and applications on a single computer system.
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A software activation file and a serial number ("Software License Key")
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issued to you by VMware are required to use the Software. The term
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"Number of Licensed Users" means the number one (1), unless you received
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a VMware License Certificate with this software product, in which case
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the term "Number of Licensed Users" means the Number of Licensed Users
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set forth on the VMware License Certificate.
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WARNING FOR EVALUATION LICENSEES
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The Software can be activated with a no-cost evaluation Software
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License Key. Evaluation Software License Keys have an expiration date
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("Expiration Date"). If you activate the Software with an evaluation
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Software License Key: (i) you may use the Software until the Expiration
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Date only to evaluate the suitability of the Software for licensing
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on a for-fee basis; (ii) the limited 90-day warranty below is not
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applicable to you; and (iii) THE SOFTWARE IS PROVIDED TO YOU "AS IS"
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WITHOUT WARRANTY OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR
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OTHERWISE. VMWARE BEARS NO LIABILITY FOR ANY DAMAGES RESULTING FROM USE
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(OR ATTEMPTED USE) OF THE SOFTWARE THROUGH OR AFTER THE EXPIRATION DATE,
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AND HAS NO DUTY TO PROVIDE SUPPORT TO YOU.
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LICENSE
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The Software is licensed, not sold. Subject to the terms and limitations
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of this EULA, VMware hereby grants you a nonexclusive, nontransferable
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license, without rights to sublicense, to (i) make a number of copies
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of the Software less than or equal to the Number of Licensed Users for
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the purpose of installing a single copy of the Software on an equivalent
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number of computers, each of which is running a validly licensed copy
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of the operating system for which the Software is designed; (ii) use
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the Software License Key to activate each copy of the Software made in
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accordance with sub-clause (i); (iii) have up to the Number of Licensed
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Users use the Software (in object code form only) solely for your
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own internal information processing services and computing needs; and
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(iv) use the documentation accompanying the Software in connection with
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permitted uses of the Software. If you are an entity, each copy of the
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Software may be used by one designated individual user only. The total
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number of designated users may not exceed the Number of Licensed Users.
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Each copy of the Software may not be used by any other person, whether or
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not such person is employed by or otherwise associated with your entity.
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LIMITED SHARED USE LICENSE
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For shared use computing laboratory environments within academic
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institutions, the license grant above shall be modified to permit use
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of the Software on a single computer system without the limitation
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that such use be limited to the designated user(s); provided that any
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such user(s) agree to and abide by the terms of this EULA; provided
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further that you must acquire and dedicate a Software License Key for
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each separate computer system on which the Software is installed. Under
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this shared computing laboratory use license, a computing laboratory at
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an academic institution having ten computers loaded with the Software
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on which no more than five users would concurrently access and use the
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Software, for example, would require ten Software License Keys. Unless
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the computing laboratory is operated and maintained by and within an
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academic institution, this limited shared use license does not apply.
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LICENSE LIMITATIONS
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You may not copy the Software except for a reasonable number of
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machine-readable copies of the Software for backup or archival purposes
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and except as expressly permitted in the License section above. You may
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not share or use concurrently the Software except as expressly permitted
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in the Limited Shared Use License section above. You may not remove
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any titles, trademarks or trade names, copyright notices, legends, or
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other proprietary markings on the Software. You are not granted any
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rights to any trademarks or service marks of VMware. VMware retains
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all rights not expressly granted to you.
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LICENSE AS UPGRADE OF PREVIOUSLY LICENSED PRODUCT
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If you purchased this Desktop software product as an upgrade at the
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applicable upgrade price, then you must have previously purchased a
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prior version of this Desktop software product at the applicable product
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(not upgrade) price. If you have not purchased a prior version at the
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applicable product price, then please contact the vendor from whom you
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purchased the upgrade, or, if you are unable to contact your vendor,
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VMware, to make payment for the difference between the upgrade price
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and the product price within thirty (30) days of the date you purchased
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the upgrade. If you do not make the appropriate payment to your vendor
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or VMware within thirty (30) days, this EULA will automatically terminate
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and you must comply with the termination provisions below.
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LICENSES REQUIRED FOR THIRD-PARTY SOFTWARE
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The Software allows multiple Guest Operating Systems and applications to
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run on a single computer system. You are responsible for obtaining any
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licenses necessary to operate any such third-party software, including
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Guest Operating Systems. In the event that the Software includes a valid
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licensed copy of a Guest Operating System for pre-installation with
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the Software, the use of such Guest Operating System shall be defined
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by the end user license agreement for that Guest Operating System.
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By explicitly accepting this EULA, or by installing, copying, downloading,
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accessing, or otherwise using the Software and/or Software License Key,
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you are acknowledging and agreeing to be bound by the terms of the end
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user license agreement for the pre-installed Guest Operating System,
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which terms accompany the Guest Operating System.
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PROPRIETARY RIGHTS RESERVED BY VMWARE
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VMware retains all right, title, and interest in and to the Software and
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the Software License Key and in all related copyrights, trade secrets,
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patents, trademarks, and any other intellectual and industrial property
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and proprietary rights, including registrations, applications, renewals,
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and extensions of such rights.
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RESTRICTIONS
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You may not (i) sell, lease, license, sublicense, or otherwise transfer
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in whole or in part the Software or the Software License Key to another
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party; (ii) provide, disclose, divulge or make available to, or permit
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use of the Software in whole or in part by, any third party, including
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contractors, without VMware's prior written consent; (iii) decompile,
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disassemble, reverse engineer, or otherwise attempt to derive source code
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from the Software, in whole or in part; (iv) modify or create derivative
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works based upon the Software; or (v) use the Software to provide network,
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application hosting or other services to third parties, or otherwise
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use the Software on a service bureau or hosting basis for your customers.
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SUPPORT SERVICES
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VMware may provide limited web-based support services related to
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the Software for a period of thirty (30) days after the date of
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purchase. Additional support services may be purchased separately.
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Any such support services provided by VMware will be governed by the
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VMware polices and programs described in online documentation and other
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VMware provided materials. Any supplemental software code or related
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materials that VMware provides to you as part of any support services are
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to be considered part of the Software and are subject to the terms and
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conditions of this EULA. VMware may use any technical information you
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provide to VMware for any VMware business purposes without restriction,
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including for product support and development. VMware will not use
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information in a form that personally identifies you.
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UPDATES AND UPGRADES NOT INCLUDED
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This EULA does not give you any rights to any updates or upgrades to the
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Software or to any extensions or enhancements to the Software developed
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by VMware at any time in the future. Rights to any future developments
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will be governed by a separate subscription contract that you may sign
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with VMware or by the end user license agreement relating to those
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developments, in each case as described in the online documentation or
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other VMware provided materials.
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TERMINATION
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VMware may terminate this EULA if you fail to comply with any term of
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this EULA. In the event of termination, you must destroy all copies of
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the Software and Software License Key. In addition you must remove all
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copies of the Software from the computer(s) on which it is installed.
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GOVERNMENT RESTRICTIONS
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You may not export or re-export the Software except in compliance with
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the United States Export Administration Act and the related rules and
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regulations and similar non-U.S. government restrictions, if applicable.
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The Software and accompanying documentation are deemed to be "commercial
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computer software" and "commercial computer software documentation,"
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respectively, pursuant to DFAR Section 227.7202 and FAR Section 12.212(b),
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as applicable. Any use, modification, reproduction, release, performing,
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displaying, or disclosing of the Software by the U.S. Government shall
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be governed solely by the terms of this EULA.
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LIMITED WARRANTY
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VMware warrants that the media, if any, on which the Software is delivered
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will be free of defects and that the Software will substantially conform
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to the description contained in the applicable documentation, in each
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case for a period of 90 days after the date of delivery of the Software
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License Key. EXCEPT FOR THE PRECEDING EXPRESS LIMITED WARRANTY, VMWARE
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MAKES AND YOU RECEIVE NO WARRANTIES ON THE SOFTWARE, EXPRESS, IMPLIED,
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STATUTORY, OR IN ANY OTHER PROVISION OF THIS EULA OR COMMUNICATION
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WITH YOU, AND VMWARE SPECIFICALLY DISCLAIMS ANY IMPLIED WARRANTIES OF
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MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
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LIMITATION OF LIABILITY
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IN NO EVENT WILL VMWARE BE LIABLE FOR ANY LOST PROFITS OR BUSINESS
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OPPORTUNITIES, LOSS OF USE, BUSINESS INTERRUPTION, LOSS OF DATA, OR
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ANY OTHER INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES
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UNDER ANY THEORY OF LIABILITY, WHETHER BASED IN CONTRACT, TORT,
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NEGLIGENCE, PRODUCT LIABILITY, OR OTHERWISE. THIS LIMITATION SHALL
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APPLY REGARDLESS OF WHETHER VMWARE HAS BEEN ADVISED OF THE POSSIBILITY OF
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SUCH DAMAGES. VMWARE'S LIABILITY UNDER THIS EULA WILL NOT, IN ANY EVENT,
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EXCEED THE LICENSE FEES, IF ANY, PAID BY YOU TO VMWARE FOR THE SOFTWARE
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LICENSED BY YOU UNDER THIS EULA.
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GENERAL
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This EULA is governed by the laws of the State of California,
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U.S.A. without regard to conflict of law principles. The United Nations
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Convention for the International Sale of Goods shall not apply. This EULA
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is the entire agreement between us and supersedes any other communications
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or advertising with respect to the Software. If any provision of this
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EULA is held invalid, the remainder of this EULA shall continue in full
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force and effect. This EULA may be modified only by written agreement
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signed by authorized representatives of you and VMware.
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CONTACT INFORMATION
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If you have any questions about this EULA, or if you want to contact
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VMware for any reason, please direct all correspondence to: VMware,
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Inc., 3145 Porter Drive, Building F, Palo Alto, CA 94304, United States
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of America or email info@vmware.com.
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VMware is a trademark of VMware, Inc.
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