211 lines
11 KiB
Text
211 lines
11 KiB
Text
VMware, Inc. For One (1) Computer
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END USER LICENSE AGREEMENT FOR VMWARE SOFTWARE Notice to User:
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This End User License Agreement (EULA) is a CONTRACT between you
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(either an individual or a single entity) and VMware, Inc.
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(VMware), which covers your use of the VMware software product
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that accompanies this EULA and related software components, which
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may include associated media, printed materials, and "online" or
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electronic documentation. All such software and materials are re-
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ferred to herein as the "Software Product." A software license
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and a license key or serial number ("Software Product License"),
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issued to a designated user only by VMware or its authorized
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agents, is required for each user of the Software Product. If you
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do not agree to the terms of this EULA, then do not install or
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use the Software Product or the Software Product License. By ex-
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plicitly accepting this EULA, however, or by installing, copying,
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downloading, accessing, or otherwise using the Software Product
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and/or Software Product License, you are acknowledging and agree-
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ing to be bound by the following terms:
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1. WARNING -- (for Evaluation Licenses only). This Software
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Product can be used in conjunction with a free evaluation Soft-
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ware Product License. If you are using such an evaluation Soft-
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ware Product License, you may use the Software Product only to
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evaluate its suitability for purchase. Evaluation Software Prod-
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uct Licenses have an expiration date. VMWARE BEARS NO LIABILITY
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FOR ANY DAMAGES RESULTING FROM USE (OR ATTEMPTED USE AFTER THE
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EXPIRATION DATE) OF THE SOFTWARE PRODUCT, AND HAS NO DUTY TO PRO-
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VIDE ANY SUPPORT.
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2. GRANT OF NON-EXCLUSIVE LICENSE.
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. Software Product License. The Software Product License,
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which is issued to a designated user, enables such designated us-
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er to use the Software Product on a single computer system. Each
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user on a multi-user computer system who uses the Software Prod-
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uct requires an additional Software Product License. You may not
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modify or create derivative copies of the Software Product Li-
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cense.
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. Grant of License. Subject to a validly issued Software
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Product License, VMware grants to you the non-exclusive, non-
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transferable right for you to use the Software Product on a sin-
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gle computer running a validly licensed copy of the operating
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system for which the Software Product was designed. You may not
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modify or create derivative copies of the Software Product. All
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rights not expressly granted to you are retained by VMware.
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. Shared Computing Laboratory Use. For shared use computing
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laboratory environments within academic institutions, profession-
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al certification and training centers, and quality assurance
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groups, the license grant above shall be modified to permit use
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of the Software Product on a single computer system without the
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limitation that such use be limited to the designated user; pro-
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vided that any such user agree to and abide by the terms of this
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EULA; provided further that you must acquire and dedicate a li-
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cense for each separate computer system on which the Software
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Product is installed. Under this shared computing laboratory use
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license, a computing laboratory at an academic institution having
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ten computers loaded with the Software Product on which no more
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than five users would concurrently access and use the Software
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Product, for example, would require ten Software Product Licens-
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es. Unless the computing laboratory is operated and maintained
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by and within an academic institution, professional certification
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and training center, or quality assurance group, this limited
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shared use license does not apply. No other shared or concurrent
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use of the Software Product is permitted. You may not rent,
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lease, sublicense, or lend the Software Product.
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. Backup Copy: Software Product. You may make copies of Soft-
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ware Product as reasonably necessary for the use authorized
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above, including as needed for backup and/or archival purposes.
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No other copies may be made. Each copy must reproduce all copy-
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right and other proprietary rights notices on or in the Software
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Product. . Backup Copy: Software Product License. You may
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install each Software Product License on a single computer system
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and make copies of the Software Product License as necessary only
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for backup and/or archival purposes. No other copies may be
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made. Each copy must reproduce all copyright and other propri-
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etary rights notices on or in the Software Product License.
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3. LICENSES REQUIRED FOR GUEST OPERATING SYSTEMS. The Software
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Product allows additional operating systems ("Guest Operating
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Systems") to run on a computer system. You must have a valid li-
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censed copy of each Guest Operating System for such use. In the
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event that the Software Product includes a valid licensed copy of
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a Guest Operating System for pre-installation in a virtual ma-
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chine, the use of such Guest Operating System shall be defined by
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the EULA for that Guest Operating System. By explicitly accept-
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ing this EULA, or by installing, copying, downloading, accessing,
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or otherwise using the Software Product and/or Software Product
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License, you are acknowledging and agreeing to be bound by the
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terms of EULA for the pre-installed Guest Operating System, which
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terms accompany the Guest Operating System.
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4. INTELLECTUAL PROPERTY RIGHTS RESERVED BY VMWARE. The Software
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Product is protected by U.S. and international copyright laws and
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treaties, as well as other intellectual property laws and
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treaties. You must not remove or alter any copyright notices on
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any copies of the Software Product. This Software Product copy is
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licensed, not sold. Furthermore, this EULA does not grant you any
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rights in connection with any trademarks or service marks of
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VMware. VMware reserves all intellectual property rights, includ-
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ing copyrights, and trademark rights.
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5. NO RIGHT TO TRANSFER. You may not rent, lease, lend, or in
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any way distribute or transfer any rights in this EULA or the
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Software Product to third parties without VMware's written ap-
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proval and subject to written agreement by the recipient of the
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terms of this EULA.
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6. PROHIBITION ON REVERSE ENGINEERING, DECOMPILATION, AND DISAS-
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SEMBLY. You may not reverse engineer, decompile, defeat license
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encryption mechanisms, or disassemble the Software Product or
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Software Product License except and only to the extent that such
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activity is expressly permitted by applicable law notwithstanding
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this limitation.
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7. THIRD PARTY RIGHTS. Any software provided along with the
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Software Product that is associated with a separate license
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agreement is licensed to you under the terms of that license
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agreement. VMware will make available for review any such third
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party license agreements if you contact VMware at the address
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provided below.
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8. SUPPORT SERVICES. VMware may provide you with support ser-
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vices related to the Software Product. Use of any such support
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services is governed by the VMware polices and programs described
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in "online" documentation and/or other VMware-provided materials.
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Any supplemental software code or related materials that VMware
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provides to you as part of the support services is to be consid-
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ered part of the Software Product and is subject to the terms and
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conditions of this EULA. With respect to any technical informa-
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tion you provide to VMware as part of the support services,
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VMware may use such information for its business purposes without
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restriction, including for product support and development.
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VMware will not use such technical information in a form that
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personally identifies you.
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9. TERMINATION WITHOUT PREJUDICE TO ANY OTHER RIGHTS. VMware may
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terminate this EULA if you fail to comply with any term or condi-
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tion of this EULA. In such event, you must destroy all copies of
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the Software Product and Software Product Licenses.
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10. U.S. GOVERNMENT USE. The Software Product is deemed to be
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"commercial computer software" and "commercial computer software
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documentation" pursuant to DFAR Section 227.7202 and FAR Section
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12.212, as applicable. Any use, modification, reproduction, re-
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lease, performing, displaying, or disclosing of the Software
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Product by the U.S. government shall be governed solely by the
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terms of this EULA and shall be prohibited except to the extent
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expressly permitted by the terms of this EULA.
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11. EXPORT RESTRICTIONS. You will not export (including trans-
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ferring electronically over any network, including the Internet)
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or re-export the Software Product, any part thereof, or any pro-
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cess or service that is the direct product of the Software Prod-
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uct (collectively referred to as the "Restricted Components"), to
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any country, person, or entity -- even to foreign units of your
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own company -- in violation of U.S. export restrictions.
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12. NO WARRANTIES. YOU ACCEPT THE SOFTWARE PRODUCT AND SOFTWARE
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PRODUCT LICENSE "AS IS," AND VMWARE (AND ITS THIRD PARTY SUPPLI-
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ERS AND LICENSORS) MAKE NO WARRANTY AS TO ITS USE, PERFORMANCE,
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OR OTHERWISE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW,
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VMWARE (AND ITS THIRD PARTY SUPPLIERS AND LICENSORS) DISCLAIM ALL
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OTHER REPRESENTATIONS, WARRANTIES, AND CONDITIONS, EXPRESS, IM-
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PLIED, STATUTORY, OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO,
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IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, SATISFACTORY
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QUALITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-IN-
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FRINGEMENT. THE ENTIRE RISK ARISING OUT OF USE OR PERFORMANCE OF
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THE SOFTWARE PRODUCT REMAINS WITH YOU.
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13. LIMITATION OF LIABILITY. THIS LIMITATION OF LIABILITY IS TO
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THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW. IN NO EVENT SHALL
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VMWARE (OR ITS THIRD PARTY SUPPLIERS AND LICENSORS) BE LIABLE FOR
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ANY COSTS OF SUBSTITUTE PRODUCTS OR SERVICES, OR FOR ANY SPECIAL,
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INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES WHATSOEVER (IN-
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CLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS PROF-
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ITS, BUSINESS INTERRUPTION, OR LOSS OF BUSINESS INFORMATION)
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ARISING OUT OF THIS EULA OR THE USE OF OR INABILITY TO USE THE
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SOFTWARE PRODUCT OR THE FAILURE TO PROVIDE SUPPORT SERVICES, EVEN
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IF VMWARE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN
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ANY CASE, VMWARE'S (AND ITS THIRD PARTY SUPPLIERS' AND LICEN-
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SORS') ENTIRE LIABILITY ARISING OUT OF THIS EULA SHALL BE LIMITED
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TO THE GREATER OF THE AMOUNT ACTUALLY PAID BY YOU FOR THE SOFT-
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WARE PRODUCT OR U.S. $5.00; PROVIDED, HOWEVER, THAT IF YOU HAVE
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ENTERED INTO A VMWARE SUPPORT SERVICES AGREEMENT, VMWARE'S ENTIRE
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LIABILITY REGARDING SUPPORT SERVICES SHALL BE GOVERNED BY THE
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TERMS OF THAT AGREEMENT.
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14. GOVERNING LAW; ENTIRE AGREEMENT. This EULA is governed by
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the laws of the State of California, U.S.A., excluding the appli-
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cation of its conflict of law rules. The United Nations Conven-
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tion for the International Sale of Goods shall not apply. This
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EULA is the entire agreement between us and supersedes any other
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communications or advertising with respect to the Software Prod-
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uct; this EULA may be modified only by written agreement signed
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by authorized representatives of you and VMware.
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15. CONTACT INFORMATION. If you have any questions about this
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EULA, or if you want to contact VMware for any reason, please di-
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rect all correspondence to: VMware, Inc., 3145 Porter Drive,
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Building F, Palo Alto, CA 94304, United States of America or
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email info@vmware.com.
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VMware is a trademark of VMware, Inc.
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