VMware, Inc. End User License Agreement

Notice to User: This End User License Agreement (EULA) is a CONTRACT between you (either an individual or a single entity) and VMware, Inc. (VMware), which covers your use of either "VMware for Linux" or "VMware for Windows NT and Windows 2000" and related software components, which may include associated media, printed materials, and "online" or electronic documentation. All such software and materials are referred to here as the "Software Product." If you do not agree to the terms of this EULA, then do not install or use the Software Product. By explicitly accepting this EULA, however, or by installing, copying, downloading, accessing or otherwise using the Software Product and/or license key, you are acknowledging and agreeing to be bound by the following terms:

1. WARNING -- (for Evaluation Licenses only).
This Software Product can be used in conjunction with a free evaluation license and associated license key If you are using such an evaluation license, you may use the Software Product only to evaluate its suitability for purchase. Evaluation licenses have an expiration date; you may renew your evaluation license at the VMware web site. VMWARE BEARS NO LIABILITY FOR ANY DAMAGES RESULTING FROM USE (OR ATTEMPTED USE AFTER THE EXPIRATION DATE) OF THE SOFTWARE PRODUCT, AND HAS NO DUTY TO PROVIDE ANY SUPPORT.

2. Grant of Non-Exclusive License.
A software license key ("Software License Key") issued to a designated user only by VMware or its authorized agents is required for each user of the Software Product. This Software License Key enables a designated user to use the Software Product on a single computer system. Each user on a multi-user computer system who uses VMware requires an additional license, and associated Software License Key, for Software Product.

VMware grants you the nonexclusive, nontransferable right to have each such designated user use the Software Product on a single computer running validly licensed copies of the operating system for which the Software Product was designed. You may not modify or create derivative copies of the Software Product. All rights not expressly granted to you are retained by VMware.

Mere remote access to applications running in a Guest Operating System running under the control of the Software Product, does not constitute use of the Software Product requiring an additional license and associated Software License Key.

You may make copies of Software Product as reasonably necessary for the use authorized above, including as needed for backup and/or archival purposes. No other copies may be made. Each copy must reproduce all copyright and other proprietary rights notices on or in the Software Product.

You may install each Software License Key on a single computer system and make copies of the Software License Key as necessary only for backup and/or archival purposes. No other copies may be made. Each copy must reproduce all copyright and other proprietary rights notices on or in the license key. You may not modify or create derivative copies of the Software License Key.

3. Licenses Required for Guest Operating Systems
The Software Product allows additional operating systems ("Guest Operating Systems") to run on a computer system. You must have a valid licensed copy of each Guest Operating System for such use.

4. Intellectual Property Rights Reserved by VMware.
The Software Product is protected by U.S. and international copyright laws and treaties, as well as other intellectual property laws and treaties. You must not remove or alter any copyright notices on any copies of the Software Product. This Software Product copy is licensed, not sold. Furthermore, this EULA does not grant you any rights in connection with any trademarks or service marks of VMware. VMware reserves all intellectual property rights, including copyrights and trademark rights.

5. No Right To Transfer.
You may not rent, lease, lend or in any way distribute or transfer any rights in this EULA or the Software Product to third parties without VMware's written approval and subject to written agreement by the recipient of the terms of this EULA.

6. Prohibition on Reverse Engineering, Decompilation, and Disassembly.
You may not reverse engineer, decompile, defeat license key encryption mechanisms or disassemble the Software Product or Software License Key except and only to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation.

7. Third Party Rights.
Any software provided along with the Software Product that is associated with a separate license agreement is licensed to you under the terms of that license agreement. VMware will make available for review any such third party license agreements if you contact VMware at the address given below.

8. Support Services.
VMware may provide you with support services related to the Software Product. Use of any such support services is governed by the VMware polices and programs described in "on line" documentation and/or other VMware-provided materials. Any supplemental software code or related materials that VMware provides to you as part of the support services is to be considered part of the Software Product and is subject to the terms and conditions of this EULA. With respect to any technical information you provide to VMware as part of the support services, VMware may use such information for its business purposes without restriction, including for product support and development. VMware will not use such technical information in a form that personally identifies you.

9. Termination Without Prejudice to Any Other Rights.
VMware may terminate this EULA if you fail to comply with any term or condition of this EULA. In such event, you must destroy all copies of the Software Product and Software License Keys.

10. U.S. Government Use.
The Software Product is deemed to be "commercial computer software" and "commercial computer software documentation" pursuant to DFAR Section 227.7202 and FAR Section 12.212, as applicable. Any use, modification, reproduction, release, performing, displaying or disclosing of the Software Product by the U.S. government shall be governed solely by the terms of this EULA and shall be prohibited except to the extent expressly permitted by the terms of this EULA.

11. Export Restrictions.
You will not export (including transferring electronically over any network, including the Internet) or re-export the Software Product, any part thereof, or any process or service that is the direct product of the Software Product (collectively referred to as the "Restricted Components"), to any country, person or entity -- even to foreign units of your own company - in violation of U.S. export restrictions.

12. NO WARRANTIES.
YOU ACCEPT THE SOFTWARE PRODUCT AND SOFTWARE LICENSE KEYS "AS IS," AND VMWARE (AND ITS THIRD PARTY SUPPLIERS AND LICENSORS) MAKE NO WARRANTY AS TO ITS USE, PERFORMANCE, OR OTHERWISE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, VMWARE (AND ITS THIRD PARTY SUPPLIERS AND LICENSORS) DISCLAIM ALL OTHER REPRESENTATIONS, WARRANTIES AND CONDITIONS, EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. THE ENTIRE RISK ARISING OUT OF USE OR PERFORMANCE OF THE SOFTWARE PRODUCT REMAINS WITH YOU.

13. LIMITATION OF LIABILITY.
THIS LIMITATION OF LIABILITY IS TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW. IN NO EVENT SHALL VMWARE (OR ITS THIRD PARTY SUPPLIERS AND LICENSORS) BE LIABLE FOR ANY COSTS OF SUBSTITUTE PRODUCTS OR SERVICES, OR FOR ANY SPECIAL, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, OR LOSS OF BUSINESS INFORMATION) ARISING OUT OF THIS EULA OR THE USE OF OR INABILITY TO USE THE SOFTWARE PRODUCT OR THE FAILURE TO PROVIDE SUPPORT SERVICES, EVEN IF VMWARE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN ANY CASE, VMWARE'S (AND ITS THIRD PARTY SUPPLIERS' AND LICENSORS') ENTIRE LIABILITY ARISING OUT OF THIS EULA SHALL BE LIMITED TO THE GREATER OF THE AMOUNT ACTUALLY PAID BY YOU FOR THE SOFTWARE PRODUCT OR U.S. $5.00; PROVIDED, HOWEVER, THAT IF YOU HAVE ENTERED INTO A VMWARE SUPPORT SERVICES AGREEMENT, VMWARE'S ENTIRE LIABILITY REGARDING SUPPORT SERVICES SHALL BE GOVERNED BY THE TERMS OF THAT AGREEMENT.

14. Governing Law; Entire Agreement.
This EULA is governed by the laws of the State of California, U.S.A., excluding the application of its conflict of law rules. The United Nations Convention for the International Sale of Goods shall not apply. This EULA is the entire agreement between us and supersedes any other communications or advertising with respect to the Software Product; this EULA may be modified only by written agreement signed by authorized representatives of you and VMware.

15. Contact Information
If you have any questions about this EULA, or if you want to contact VMware for any reason, please contact VMware: VMware, Inc., 3145 Porter Drive, Building F, Palo Alto, CA 94304, United States of America or email info@vmware.com.