From 3b815e71498de28a803e396bc136d42af631c5e4 Mon Sep 17 00:00:00 2001 From: Paul de Vrieze Date: Wed, 24 Apr 2013 15:16:08 +0000 Subject: The ubuntu vmware view client is better than the open one. Add it. svn path=/trunk/overlay/; revision=146 --- licences/vmware-view | 515 +++++++++++++++++++++++++++++++++++++++++++++++++++ 1 file changed, 515 insertions(+) create mode 100644 licences/vmware-view diff --git a/licences/vmware-view b/licences/vmware-view new file mode 100644 index 0000000..04620b0 --- /dev/null +++ b/licences/vmware-view @@ -0,0 +1,515 @@ +VMWARE END USER LICENSE AGREEMENT + +PLEASE NOTE THAT THE TERMS OF THIS END USER LICENSE AGREEMENT SHALL GOVERN +YOUR USE OF THE SOFTWARE, REGARDLESS OF ANY TERMS THAT MAY APPEAR DURING THE +INSTALLATION OF THE SOFTWARE. + +IMPORTANT-READ CAREFULLY: BY DOWNLOADING, INSTALLING, OR USING THE SOFTWARE, +YOU (THE INDIVIDUAL OR LEGAL ENTITY) AGREE TO BE BOUND BY THE TERMS OF THIS +END USER LICENSE AGREEMENT ("EULA"). IF YOU DO NOT AGREE TO THE TERMS OF THIS +EULA, YOU MUST NOT DOWNLOAD, INSTALL, OR USE THE SOFTWARE, AND YOU MUST DELETE +OR RETURN THE UNUSED SOFTWARE TO THE VENDOR FROM WHICH YOU ACQUIRED IT WITHIN +THIRTY (30) DAYS AND REQUEST A REFUND OF THE LICENSE FEE, IF ANY, THAT YOU +PAID FOR THE SOFTWARE. + +EVALUATION LICENSE. If You are licensing the Software for evaluation +purposes, Your use of the Software is only permitted in a non-production +environment and for the period limited by the License Key. Notwithstanding +any other provision in this EULA, an Evaluation License of the Software is +provided "AS-IS" without indemnification, support or warranty of any kind, +expressed or implied. + +1. DEFINITIONS. + +1.1 "Affiliate" means, with respect to a party, an entity that is directly or +indirectly controlled by or is under common control with such party, +where "control" means an ownership, voting or similar interest representing +fifty percent (50%) or more of the total interests then outstanding of the +relevant entity (but only as long as such person or entity meets these +requirements). + +1.2 "Documentation" means that documentation that is generally provided to +You by VMware with the Software, as revised by VMware from time to time, and +which may include end user manuals, operation instructions, installation +guides, release notes, and on-line help files regarding the use of the +Software. + +1.3 "Guest Operating Systems" means instances of third-party operating +systems licensed by You, installed in a Virtual Machine and run using the +Software. + +1.4 "Intellectual Property Rights" means all worldwide intellectual +property rights, including without limitation, copyrights, trademarks, service +marks, trade secrets, know how, inventions, patents, patent applications, +moral rights and all other proprietary rights, whether registered or +unregistered. + +1.5 "License" means a license granted under Section 2.1. + +1.6 "License Key" means a serial number that enables You to activate and +use the Software. + +1.7 "License Term" means the duration of a License as specified in the +Order. + +1.8 "License Type" means the type of License applicable to the Software, +as more fully described in the Order. + +1.9 "Open Source Software" or "OSS" means software components that are +licensed under a license approved by the Open Source Initiative ("OSI") or +similar open source or freeware license and are embedded in the delivered +Software. + +1.10 "Order" means a purchase order, enterprise license agreement, or other +ordering document issued by You to VMware or a VMware authorized reseller that +references and incorporates this EULA and is accepted by VMware as set forth +in Section 4. + +1.11 "Product Guide" means the current version of the VMware Product Guide at +the time of Your Order, copies of which are found at +www.vmware.com/download/eula. + +1.12 "Services Terms" means VMware's then-current Support and Subscription +Contract Terms and Conditions, copies of which are found at +www.vmware.com/files/pdf/support/support_terms_conditions.pdf. + +1.13 "Software" means the VMware Tools and the VMware computer programs +listed on VMware's commercial price list to which You acquire a license under +an Order, together with any software code relating to the foregoing that is +provided to You pursuant to a support and subscription service contract and +that is not subject to a separate license agreement. + +1.14 "Territory" means the country or countries in which You have been +invoiced; provided, however, that if You have been invoiced within any of the +European Economic Area member states, You may deploy the corresponding +Software throughout the European Economic Area. + +1.15 "Third Party Agent" means a third party delivering information technology +services to You pursuant to a written contract with You. + +1.16 "Virtual Machine" means a software container that can run its own +operating system and execute applications like a physical machine. + +1.17 "VMware" means VMware, Inc., a Delaware corporation, if You are +purchasing Licenses or services for use in the United States and VMware +International Limited, a company organized and existing under the laws of +Ireland, for all other purchases. + +1.18 "VMware Tools" means the suite of utilities and drivers, Licensed by +VMware under the "VMware Tools" name, that can be installed in a Guest +Operating System to enhance the performance and functionality of a Guest +Operating System when running in a Virtual Machine. + +2. LICENSE GRANT. + +2.1 Scope of License. Subject to the terms and conditions of this EULA, +VMware grants You, during the License Term, a non-exclusive, non-transferable +License to use the Software, in executable code form only, within the +Territory, for Your internal operations in accordance with (a) the +Documentation; (b) the License Type for which You have paid the applicable +fees; (c) other applicable limitations set forth in the Order. The License to +the Software is limited to the quantities specified in each applicable Order. + +2.2 Third Party Use. Under the License granted to You in Section 2.1 +above, You may permit Your Third Party Agents to access, use and/or operate +the Software on Your behalf for the sole purpose of delivering services to +You, provided that You will be fully responsible for Your Third Party Agents' +compliance with terms and conditions of this EULA and any breach of this EULA +by a Third Party Agent shall be deemed to be a breach by You. + +2.3 Permitted Copies. You may make one copy of the Software for archival +purposes only. The copy shall: (a) be kept within Your possession or control; +(b) include all titles, trademarks, and copyright and restricted rights +notices in the original; and (c) be subject to this EULA. You may not +otherwise copy the Software without VMware's prior written consent. + +2.4 Benchmarking. You may use the Software to conduct internal +performance testing and benchmarking studies. You may only publish or +otherwise distribute the results of such studies to third parties as follows: +(a) if with respect to VMware's Workstation or Fusion products, only if You +provide a copy of Your study to benchmark@vmware.com prior to distribution; +(b) if with respect to any other Software, only if VMware has reviewed and +approved of the methodology, assumptions and other parameters of the study +(please contact VMware at benchmark@vmware.com to request such review and +approval) prior to such publication and distribution. + +2.5 VMware Tools. You may distribute the VMware Tools (whether or not as +part of the Virtual Machine You create with the Software) to third parties +solely when installed in a Guest Operating System to enhance its performance +and functionality when running in a Virtual Machine, provided that You will be +fully responsible for such third parties' compliance with the terms and +conditions of this EULA, and any breach of this EULA by any such third party +shall be deemed to be a breach of this EULA by You. + +2.6 Open Source Software. Notwithstanding anything herein to the +contrary, Open Source Software is licensed to You under such OSS's own +applicable license terms, which can be found in the open_source_licenses.txt +file, the Documentation or as applicable, the corresponding source files for +the Software available at http://www.vmware.com/download/open_source.html. +These OSS license terms are consistent with the license granted in Section 2, +and may contain additional rights benefiting You. The OSS license terms shall +take precedence over this EULA to the extent that this EULA imposes greater +restrictions on You than the applicable OSS license terms. + +3. RESTRICTIONS; OWNERSHIP. + +3.1 Restrictions. You acknowledge that the Software and the structure, +organization and source code of the Software constitute valuable trade secrets +of VMware. Accordingly, except as expressly permitted in Section 2 or as +otherwise authorized by VMware in writing, You will not and will not permit +any third party to: (a) sell, lease, license, distribute, sublicense or +otherwise transfer in whole or in part the Software or Documentation to any +third party; (b) decompile, disassemble, reverse engineer, or otherwise +attempt to derive source code from the Software, in whole or in part; (c) copy +the Software, except for archival purposes, as set out in Section 2.3; (d) +create, develop, license, install, use, or deploy any software or services to +circumvent, enable, modify or provide access, permissions or rights which +violate the technical restrictions of the Software as described in this EULA; +(e) translate, modify or create derivative works based upon the Software; (f) +permit any use of or access to the Software by any third party; (g) remove any +product identification, proprietary, copyright or other notices contained in +the Software; or (h) operate the Software on behalf of or for the benefit of +any third party, including the operation of any service that is accessed by a +third party, except that, for the purposes of this Section 3.1 (h), You may +use the Software to deliver hosted services to Your Affiliates. + +3.2 Decompilation. Notwithstanding the foregoing, decompiling the +Software is permitted to the extent the laws of the Territory give You the +express right to do so to obtain information necessary to render the Software +interoperable with other software; provided, however, You must first request +such information from VMware (at info@vmware.com), provide all reasonably +requested information to allow VMware to assess Your claim, and VMware may, in +its discretion, either provide such interoperability information to You, +impose reasonable conditions, including a reasonable fee, on such use of the +Software, or offer to provide alternatives to ensure that VMware's proprietary +rights in the Software are protected and to reduce any adverse impact on +VMware's proprietary rights. + +3.3 Ownership. The Software and Documentation, all copies and portions +thereof, and all improvements, enhancements, modifications and derivative +works thereof, and all Intellectual Property Rights therein, are and shall +remain the sole and exclusive property of VMware and its licensors. Your +rights to use the Software and Documentation shall be limited to those +expressly granted in this EULA and any applicable Order. No other rights with +respect to the Software or any related Intellectual Property Rights are +implied. You are not authorized to use (and shall not permit any third party +to use) the Software, Documentation or any portion thereof except as expressly +authorized by this EULA or the applicable Order. + +3.4 Guest Operating Systems. Certain Software allows Guest Operating +Systems and application programs to run on a computer system. You acknowledge +that You are responsible for obtaining and complying with any licenses +necessary to operate any such third-party software. + +4. ORDER. Your Order is subject to this EULA. No Orders are binding on +VMware until accepted by VMware. Orders for Software are deemed to be +accepted upon VMware's delivery of the Software included in such Order. Orders +issued to VMware do not have to be signed to be valid and enforceable. + +5. AUDIT RIGHTS. + +5.1 Records. You will, during the License Term for any Software licenses +acquired under this EULA (and for a period of two (2) years from the +expiration of the applicable License Term), maintain accurate records of your +use of the Software sufficient to demonstrate Your compliance with the terms +of this EULA and all Orders. + +5.2 Audit Rights. During the period in which the You are obligated to +maintain such records, VMware, or its third party auditor, may, upon +reasonable notice to You, audit such records to verify that You have (a) used +the Software solely in the manner authorized herein; (b) paid all applicable +license fees; and (c) otherwise complied with the terms of this EULA and all +Orders. VMware may conduct no more than one (1) audit in any twelve (12) month +period. Audits will be conducted during normal business hours and VMware will +use commercially reasonable efforts to minimize the disruption of Your normal +business activities. VMware, and any third-party auditor, shall not have +physical access to Your computing devices in connection with any such audit, +without Your prior written consent. You will reasonably cooperate with VMware +and/or its third-party auditor and will promptly pay directly to VMware any +underpayments revealed by such audit. You will promptly reimburse VMware for +all reasonable costs and expenses incurred by VMware for such audit if: (i) +such audit reveals an underpayment by You of more than five percent (5%) of +the fees payable by You to VMware for the period audited, or (ii) such audit +reveals You have materially failed to maintain accurate records of Your use of +the Software. + +6. SUPPORT AND SUBSCRIPTION SERVICES. Except as expressly specified in +the Product Guide, VMware does not provide any support or subscription +services for the Software under this EULA. You have no rights to any updates, +upgrades or extensions or enhancements to the Software developed by VMware +unless you separately purchase VMware support or subscription services. These +support or subscription services are subject to the Services Terms. + +7. WARRANTIES. + +7.1 Software Warranty. VMware warrants to You that the Software will, for a +period of ninety (90) days following delivery ("Warranty Period"), +substantially conform to the applicable Documentation, provided that the +Software (a) has been properly installed and used at all times and in +accordance with the applicable Documentation; and (b) has not been modified +or added to by persons other than VMware or its authorized representative. +VMware will, at its own expense and as its sole obligation and Your exclusive +remedy for any breach of the foregoing warranty, either replace the applicable +Software or correct any reproducible error in the Software reported to VMware +by You in writing during the Warranty Period. If VMware determines that it is +unable to correct the error or replace the Software, VMware will refund to You +all License fees actually paid by You, in which case the License for the +applicable Software and Your right to use such Software will terminate. + +7.2 Disclaimer of Warranties. THE EXPRESS WARRANTY IN SECTION 7.1 ABOVE IS IN +LIEU OF AND, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, VMWARE AND ITS +LICENSORS DISCLAIM, ALL OTHER WARRANTIES, WHETHER EXPRESS, IMPLIED, OR +STATUTORY, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR +A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT AND ANY WARRANTIES ARISING FROM +COURSE OF DEALING OR COURSE OF PERFORMANCE) REGARDING OR RELATING TO THE +SOFTWARE, THE DOCUMENTATION, OR ANY MATERIALS FURNISHED OR PROVIDED TO YOU +UNDER THIS EULA. VMWARE AND ITS LICENSORS DO NOT WARRANT THAT THE SOFTWARE +WILL OPERATE UNINTERRUPTED OR THAT IT WILL BE FREE FROM DEFECTS OR THAT THE +SOFTWARE WILL MEET (OR IS DESIGNED TO MEET) YOUR BUSINESS REQUIREMENTS. + +8. INTELLECTUAL PROPERTY INDEMNIFICATION. + +8.1 Defense and Indemnification. Subject to the remainder of this Section 8, +VMware shall defend You against any third party claim that the Software +infringes any patent, trademark or copyright of such third party, or +misappropriates a trade secret (but only to the extent that such +misappropriation is not a result of Your actions) under the laws of: (a) the +United States and Canada; (b) the European Economic Area; (c) Australia; (d) +New Zealand; (e) Japan; or (f) the People's Republic of China, to the extent +that such countries are part of the Territory for the License ("Infringement +Claim") and indemnify You from the resulting costs and damages finally awarded +against You to such third party by a court of competent jurisdiction or agreed +to in settlement; provided that You: (i) promptly provide VMware with notice +of such Infringement Claim; (ii) allow VMware sole control over the defense +thereof and related settlement negotiation; and (iii) reasonably cooperate in +response to VMware requests for assistance. You may not settle or compromise +any Infringement Claim without the prior written consent of VMware. + +8.2 Remedies. Should the Software become, or in VMware's opinion be likely to +become, the subject of an Infringement Claim, VMware will, at VMware's option +and expense either: (a) procure the rights necessary for You to make +continued use of the affected Software in accordance with this EULA; (b) +replace or modify the affected Software to make it non-infringing; or (c) +terminate the License to the affected Software and discontinue the related +support services, and, upon Your certified deletion of the affected Software, +refund: (i) the fees paid by You for the License to the affected Software, +less straight-line depreciation over a three (3) year useful life beginning on +the date such Software was delivered; and (ii) any pre-paid service fee +attributable to related support services to be delivered after the date such +service is stopped. Nothing in this Section 8.2 shall limit VMware's +obligation under Section 8.1 to defend and indemnify You, provided that You +replace the allegedly infringing Software upon VMware's making alternate +Software available to You and/or You discontinue using the allegedly +infringing Software upon receiving VMware's notice terminating the affected +License. + +8.3 Exclusions. Notwithstanding the foregoing, VMware will have no obligation +under this Section 8 or otherwise with respect to any claim based on: (a) a +combination of Software with non-VMware products (other than non-VMware +products that are listed on the Order and used in an unmodified form); (b) use +for a purpose or in a manner for which the Software was not designed; (c) use +of any older version of the Software when use of a newer VMware revision would +have avoided the infringement; (d) any modification to the Software made +without VMware's express written approval; (e) any claim that relates to open +source software or freeware technology or any derivatives or other adaptations +thereof that is not embedded by VMware into Software listed on VMware's +commercial price list; (f) any claim that relates to Linux or Android open +source software, even when it has been embedded into or distributed with the +Software or (g) any Software provided on a no charge, beta or evaluation +basis. THIS SECTION 8 STATES YOUR SOLE AND EXCLUSIVE REMEDY AND VMWARE'S +ENTIRE LIABILITY FOR ANY INFRINGEMENT CLAIMS OR ACTIONS. + +9. LIMITATION OF LIABILITY. + +9.1 Limitation of Liability. TO THE MAXIMUM EXTENT MANDATED BY LAW, IN NO +EVENT WILL VMWARE AND ITS LICENSORS BE LIABLE FOR ANY LOST PROFITS OR BUSINESS +OPPORTUNITIES, LOSS OF USE, LOSS OF REVENUE, LOSS OF GOODWILL, 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 AND ITS LICENSORS' LIABILITY UNDER THIS EULA WILL NOT, IN ANY +EVENT, REGARDLESS OF WHETHER THE CLAIM IS BASED IN CONTRACT, TORT, STRICT +LIABILITY, OR OTHERWISE, EXCEED THE LICENSE FEES YOU PAID FOR THE SOFTWARE, IF +ANY. THE FOREGOING LIMITATIONS SHALL APPLY REGARDLESS OF WHETHER VMWARE OR ITS +LICENSORS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND REGARDLESS +OF WHETHER ANY REMEDY FAILS OF ITS ESSENTIAL PURPOSE. + +9.2 Further Limitations. VMware's licensors shall have no liability of any +kind under this EULA and VMware's liability with respect to any third party +software embedded in the Software shall be subject to Section 9.1. You may +not bring a claim under this EULA more than eighteen (18) months after the +cause of action arises. + +10. TERMINATION. + +10.1 License Term. This EULA will terminate in its entirety upon the +termination of the License Term, unless terminated earlier under this Section +10. + +10.2 Termination for Breach. VMware may terminate this EULA in its entirety +effective immediately upon written notice to You if: (a) You breach any +provision in Section 3 and do not cure the breach within ten (10) days after +receiving written notice thereof from VMware; (b) You fail to pay any portion +of the fees under an applicable Order within ten (10) days after receiving +written notice from VMware that payment is past due; (c) You breach any other +provision of this EULA and don't not cure the breach within thirty (30) days +after receiving written notice thereof from VMware; or (d) You commit a +material breach that is not capable of being cured. + +10.3 Termination for Insolvency. VMware may terminate this EULA in its +entirety effective immediately upon written notice to You if You: (a) +terminate or suspend your business; (b) become insolvent, admit in writing +Your inability to pay Your debts as they mature, make an assignment for the +benefit of creditors; or become subject to control of a trustee, receiver or +similar authority; or (c) become subject to any bankruptcy or insolvency +proceeding. + +10.4 Effect of Termination. If VMware terminates this EULA under this +Section 10: (a) all Licensed rights to all Software granted to You under this +EULA will immediately cease to exist; and (b) You must promptly discontinue +all use of all Software, and (destroy all copies of the Software and all +License Key(s)) and return, or if requested by VMware, destroy, any related +VMware Confidential Information in Your possession or control and certify in +writing to VMware that You have fully complied with these requirements. +Sections 1 (Definitions), 2.6 (Open Source Software), 3 (Restrictions; +Ownership), 5.1 (Records), 5.2 (Audit Rights), 7.2 (Disclaimer of Warranties), +9 (Limitation of Liability), 10 (Termination), 11 (Confidential Information) +and 12 (General) will any survive termination of this EULA. + +11. CONFIDENTIAL INFORMATION. + +11.1 Definition. "Confidential Information" means information or materials +provided by one party ("Discloser") to the other party ("Recipient") which are +in tangible form and labeled "confidential" or the like, or, information which +a reasonable person knew or should have known to be confidential. The +following information shall be considered Confidential Information whether or +not marked or identified as such: (a) License Keys; (b) information regarding +VMware's pricing, product roadmaps or strategic marketing plans; and (c) non- +public materials relating to the Software. + +11.2 Protection. Recipient may use Confidential Information of Discloser; (a) +to exercise its rights and perform its obligations under this EULA; or (b) in +connection with the parties' ongoing business relationship. Recipient will +not use any Confidential Information of Discloser for any purpose not +expressly permitted by the EULA, and will disclose the Confidential +Information of Discloser only to the employees or contractors of Recipient who +have a need to know such Confidential Information for purposes of the EULA and +who are under a duty of confidentiality no less restrictive than Recipient's +duty hereunder. Recipient will protect Confidential Information from +unauthorized use, access, or disclosure in the same manner as Recipient +protects its own confidential or proprietary information of a similar nature +but with no less than reasonable care. + +11.3 Exceptions. Recipient's obligations under Section 11.2 with respect to +any Confidential Information will terminate if Recipient can show by written +records that such information: (a) was already known to Recipient at the time +of disclosure by Discloser; (b) was disclosed to Recipient by a third party +who had the right to make such disclosure without any confidentiality +restrictions; (c) is, or through no fault of Recipient has become, generally +available to the public; or (d) was independently developed by Recipient +without access to, or use of, Discloser's Information. In addition, Recipient +will be allowed to disclose Confidential Information to the extent that such +disclosure is required by law or by the order of a court of similar judicial +or administrative body, provided that Recipient notifies Discloser of such +required disclosure promptly and in writing and cooperates with Discloser, at +Discloser's request and expense, in any lawful action to contest or limit the +scope of such required disclosure. + +11.4 Data Privacy. You agree that VMware may process technical and related +information about Your use of the Software which may include internet protocol +address, hardware identification, operating system, application software, +peripheral hardware, and non-personally identifiable Software usage statistics +to facilitate the provisioning of updates, support, invoicing or online +services and may transfer such information to other companies in the VMware +worldwide group of companies from time to time. To the extent that this +information constitutes personal data, VMware shall be the controller of such +personal data. To the extent that it acts as a controller, each party shall +comply at all times with its obligations under the local legislation +applicable in the Territory for the protection of individuals with regard to +the processing of personal data. Collected data is subject to VMware's Privacy +Policy at http://www.vmware.com/help/privacy.html. + +12. GENERAL. + +12.1 Assignment. This EULA and any Orders, and any of Your rights or +obligations thereunder, may not be assigned, subcontracted or transferred by +You, in whole or in part, whether voluntary, by operation of contract, law or +otherwise, without the prior written consent of VMware. Any attempted +assignment or transfer in violation of the foregoing will be null and void. +Subject to the foregoing, this EULA will be binding upon and will inure to the +benefit of the parties and their respective successors and assigns. + +12.2 Notices. Any notice delivered by VMware to You under this EULA will be +delivered via mail, email or fax. + +12.3 Waiver. The waiver of a breach of any provision of this EULA shall +not constitute a waiver of any other provision or any subsequent breach. + +12.4 Severability. If any provision of this EULA is held to be illegal, +invalid or unenforceable, the provision will be enforced to the maximum extent +permissible so as to effect the intent of the parties, and the remaining +provisions of this EULA will remain in full force and effect. + +12.5 Compliance with Laws; Export Control; Government Regulations. Each party +shall comply with all laws applicable to the actions contemplated by this +EULA. You acknowledge that the Software is of United States origin, is +provided subject to the U.S. Export Administration Regulations, may be subject +to the export control laws of the applicable territory, and that diversion +contrary to applicable export control laws is prohibited. You represent that +(1) you are not, and are not acting on behalf of, (a) any person who is a +citizen, national, or resident of, or who is controlled by the government of +any country to which the United States has prohibited export transactions; or +(b) any person or entity listed on the U.S. Treasury Department list of +Specially Designated Nationals and Blocked Persons, or the U.S. Commerce +Department Denied Persons List or Entity List; and (2) you will not permit the +Software to be used for, any purposes prohibited by law, including, any +prohibited development, design, manufacture or production of missiles or +nuclear, chemical or biological weapons. 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 +and documentation by the U.S. Government shall be governed solely by the terms +and conditions of this EULA. + +12.6 Construction. The headings of sections of this EULA are for convenience +and are not to be used in interpreting this EULA. As used in this EULA, the +word 'including' means "including but not limited to." + +12.7 Governing Law. This EULA is governed by the laws of the State of +California, United States of America, unless mandated by other law. The +United Nations Convention for the International Sale of Goods shall not apply. + +12.8 Third Party Rights. Other than as expressly set out in this EULA, this +EULA does not create any rights for any person who is not a party to it, and +no person who is not a party to this EULA may enforce any of its terms or rely +on any exclusion or limitation contained in it. + +12.9 Product Guide. In addition to the above sections, Your use of the +Software is subject to the terms and conditions of the Product Guide, which is +incorporated herein by reference. + +12.10 Order of Precedence. In the event of conflict or inconsistency among +the Product Guide, this EULA and the Order, the following order of precedence +shall apply: (a) the Product Guide, (b) this EULA and (c) the Order. With +respect to any inconsistency between this EULA and an Order, the terms of this +EULA shall supersede and control over any conflicting or additional terms and +conditions of any Order, acknowledgement or confirmation or other document +issued by You, unless the parties execute a written agreement expressly +indicating: (i) that such Order shall modify this EULA; or (ii) that the terms +of such Order shall supersede and control in the event of any inconsistency. + +12.11 Entire Agreement. This EULA, including accepted Orders and any +amendments hereto, and the Product Guide contain the entire agreement of the +parties with respect to the subject matter of this EULA and supersede all +previous or contemporaneous communications, representations, proposals, +commitments, understandings and agreements, whether written or oral, between +the parties regarding the subject matter hereof. This EULA may be amended +only in writing signed by authorized representatives of both parties. + +12.12 Contact Information. Please direct legal notices or other +correspondence to VMware, Inc., 3401 Hillview Avenue, Palo Alto, California +94304, United States of America. If You have any questions concerning this +EULA, please send an email to info@vmware.com. -- cgit v1.2.3-65-gdbad