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.