path: root/licences/vmware-view

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.