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authorveego <veego@pkgsrc.org>2001-07-07 14:24:21 +0000
committerveego <veego@pkgsrc.org>2001-07-07 14:24:21 +0000
commit850fc695a9f02ad10d0d6bd33caf19b0400a3c70 (patch)
treef9e2c9b5c71a0347b3ecae1643a8562c172f1619 /licenses/vmware-license
parent29bd1451e48a4d1d40637c107716c2d2324b15e8 (diff)
downloadpkgsrc-850fc695a9f02ad10d0d6bd33caf19b0400a3c70.tar.gz
VMWare license in preparation for the package in emulators/vmware.
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+VMware, Inc. For One (1) Computer
+
+END USER LICENSE AGREEMENT FOR VMWARE SOFTWARE 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 the VMware software product
+that accompanies this EULA and related software components, which
+may include associated media, printed materials, and "online" or
+electronic documentation. All such software and materials are re-
+ferred to herein as the "Software Product." A software license
+and a license key or serial number ("Software Product License"),
+issued to a designated user only by VMware or its authorized
+agents, is required for each user of the Software Product. If you
+do not agree to the terms of this EULA, then do not install or
+use the Software Product or the Software Product License. By ex-
+plicitly accepting this EULA, however, or by installing, copying,
+downloading, accessing, or otherwise using the Software Product
+and/or Software Product License, you are acknowledging and agree-
+ing 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 Soft-
+ware Product License. If you are using such an evaluation Soft-
+ware Product License, you may use the Software Product only to
+evaluate its suitability for purchase. Evaluation Software Prod-
+uct Licenses have an expiration date. 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 PRO-
+VIDE ANY SUPPORT.
+
+2. GRANT OF NON-EXCLUSIVE LICENSE.
+
+. Software Product License. The Software Product License,
+which is issued to a designated user, enables such designated us-
+er to use the Software Product on a single computer system. Each
+user on a multi-user computer system who uses the Software Prod-
+uct requires an additional Software Product License. You may not
+modify or create derivative copies of the Software Product Li-
+cense.
+
+. Grant of License. Subject to a validly issued Software
+Product License, VMware grants to you the non-exclusive, non-
+transferable right for you to use the Software Product on a sin-
+gle computer running a validly licensed copy 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.
+
+. Shared Computing Laboratory Use. For shared use computing
+laboratory environments within academic institutions, profession-
+al certification and training centers, and quality assurance
+groups, the license grant above shall be modified to permit use
+of the Software Product on a single computer system without the
+limitation that such use be limited to the designated user; pro-
+vided that any such user agree to and abide by the terms of this
+EULA; provided further that you must acquire and dedicate a li-
+cense for each separate computer system on which the Software
+Product is installed. Under this shared computing laboratory use
+license, a computing laboratory at an academic institution having
+ten computers loaded with the Software Product on which no more
+than five users would concurrently access and use the Software
+Product, for example, would require ten Software Product Licens-
+es. Unless the computing laboratory is operated and maintained
+by and within an academic institution, professional certification
+and training center, or quality assurance group, this limited
+shared use license does not apply. No other shared or concurrent
+use of the Software Product is permitted. You may not rent,
+lease, sublicense, or lend the Software Product.
+
+. Backup Copy: Software Product. You may make copies of Soft-
+ware 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 copy-
+right and other proprietary rights notices on or in the Software
+Product. . Backup Copy: Software Product License. You may
+install each Software Product License on a single computer system
+and make copies of the Software Product License as necessary only
+for backup and/or archival purposes. No other copies may be
+made. Each copy must reproduce all copyright and other propri-
+etary rights notices on or in the Software Product License.
+
+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 li-
+censed copy of each Guest Operating System for such use. In the
+event that the Software Product includes a valid licensed copy of
+a Guest Operating System for pre-installation in a virtual ma-
+chine, the use of such Guest Operating System shall be defined by
+the EULA for that Guest Operating System. By explicitly accept-
+ing this EULA, or by installing, copying, downloading, accessing,
+or otherwise using the Software Product and/or Software Product
+License, you are acknowledging and agreeing to be bound by the
+terms of EULA for the pre-installed Guest Operating System, which
+terms accompany the Guest Operating System.
+
+
+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, includ-
+ing 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 ap-
+proval and subject to written agreement by the recipient of the
+terms of this EULA.
+
+6. PROHIBITION ON REVERSE ENGINEERING, DECOMPILATION, AND DISAS-
+SEMBLY. You may not reverse engineer, decompile, defeat license
+encryption mechanisms, or disassemble the Software Product or
+Software Product License 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
+provided below.
+
+8. SUPPORT SERVICES. VMware may provide you with support ser-
+vices related to the Software Product. Use of any such support
+services is governed by the VMware polices and programs described
+in "online" 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 consid-
+ered part of the Software Product and is subject to the terms and
+conditions of this EULA. With respect to any technical informa-
+tion 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 condi-
+tion of this EULA. In such event, you must destroy all copies of
+the Software Product and Software Product Licenses.
+
+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, re-
+lease, 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 trans-
+ferring electronically over any network, including the Internet)
+or re-export the Software Product, any part thereof, or any pro-
+cess or service that is the direct product of the Software Prod-
+uct (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
+PRODUCT LICENSE "AS IS," AND VMWARE (AND ITS THIRD PARTY SUPPLI-
+ERS 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, IM-
+PLIED, STATUTORY, OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO,
+IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, SATISFACTORY
+QUALITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-IN-
+FRINGEMENT. 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 (IN-
+CLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS PROF-
+ITS, 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 LICEN-
+SORS') ENTIRE LIABILITY ARISING OUT OF THIS EULA SHALL BE LIMITED
+TO THE GREATER OF THE AMOUNT ACTUALLY PAID BY YOU FOR THE SOFT-
+WARE 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 appli-
+cation of its conflict of law rules. The United Nations Conven-
+tion 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 Prod-
+uct; 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 di-
+rect all correspondence to: VMware, Inc., 3145 Porter Drive,
+Building F, Palo Alto, CA 94304, United States of America or
+email info@vmware.com.
+
+VMware is a trademark of VMware, Inc.