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MICROSOFT SOFTWARE LICENSE TERMS
MICROSOFT JDBC DRIVER 4.0 FOR SQL SERVER
These license terms are an agreement between Microsoft Corporation
(or based on where you live, one of its affiliates) and you. Please
read them. They apply to the software named above, which includes the
media on which you received it, if any. The terms also apply to any
Microsoft
• updates,
• supplements,
• Internet-based services, and
• support services
for this software, unless other terms accompany those items. If so,
those terms apply.
BY USING THE SOFTWARE, YOU ACCEPT THESE TERMS. IF YOU DO NOT ACCEPT
THEM, DO NOT USE THE SOFTWARE.
If you comply with these license terms, you have the rights below.
1. INSTALLATION AND USE RIGHTS. You may install and use any number of
copies of the software on your devices to design, develop and test
your programs.
2. SCOPE OF LICENSE. The software is licensed, not sold. This
agreement only gives you some rights to use the software. Microsoft
reserves all other rights. Unless applicable law gives you more rights
despite this limitation, you may use the software only as expressly
permitted in this agreement. In doing so, you must comply with any
technical limitations in the software that only allow you to use it in
certain ways. You may not
• disclose the results of any benchmark tests of the software to any
third party without Microsoft’s prior written approval;
• work around any technical limitations in the software;
• reverse engineer, decompile or disassemble the software, except and
only to the extent that applicable law expressly permits, despite this
limitation;
• make more copies of the software than specified in this agreement or
allowed by applicable law, despite this limitation;
• publish the software for others to copy;
• rent, lease or lend the software;
• transfer the software or this agreement to any third party; or
• use the software for commercial software hosting services.
3. BACKUP COPY. You may make one backup copy of the software. You may
use it only to reinstall the software.
4. DOCUMENTATION. Any person that has valid access to your computer or
internal network may copy and use the documentation for your internal,
reference purposes.
5. EXPORT RESTRICTIONS. The software is subject to United States
export laws and regulations. You must comply with all domestic and
international export laws and regulations that apply to the software.
These laws include restrictions on destinations, end users and end
use. For additional information, see www.microsoft.com/exporting.
6. SUPPORT SERVICES. Because this software is “as is,” we may not
provide support services for it.
7. ENTIRE AGREEMENT. This agreement, and the terms for supplements,
updates, Internet-based services and support services that you use,
are the entire agreement for the software and support services.
8. APPLICABLE LAW.
a. United States. If you acquired the software in the United States,
Washington state law governs the interpretation of this agreement and
applies to claims for breach of it, regardless of conflict of laws
principles. The laws of the state where you live govern all other
claims, including claims under state consumer protection laws, unfair
competition laws, and in tort.
b. Outside the United States. If you acquired the software in any
other country, the laws of that country apply.
9. LEGAL EFFECT. This agreement describes certain legal rights. You
may have other rights under the laws of your country. You may also
have rights with respect to the party from whom you acquired the
software. This agreement does not change your rights under the laws of
your country if the laws of your country do not permit it to do so.
10. DISCLAIMER OF WARRANTY. THE SOFTWARE IS LICENSED “AS-IS.” YOU BEAR
THE RISK OF USING IT. MICROSOFT GIVES NO EXPRESS WARRANTIES,
GUARANTEES OR CONDITIONS. YOU MAY HAVE ADDITIONAL CONSUMER RIGHTS
UNDER YOUR LOCAL LAWS WHICH THIS AGREEMENT CANNOT CHANGE. TO THE
EXTENT PERMITTED UNDER YOUR LOCAL LAWS, MICROSOFT EXCLUDES THE IMPLIED
WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND
NON-INFRINGEMENT.
11. LIMITATION ON AND EXCLUSION OF REMEDIES AND DAMAGES. YOU CAN
RECOVER FROM MICROSOFT AND ITS SUPPLIERS ONLY DIRECT DAMAGES UP TO
U.S. $5.00. YOU CANNOT RECOVER ANY OTHER DAMAGES, INCLUDING
CONSEQUENTIAL, LOST PROFITS, SPECIAL, INDIRECT OR INCIDENTAL DAMAGES.
This limitation applies to
• anything related to the software, services, content (including code)
on third party Internet sites, or third party programs; and
• claims for breach of contract, breach of warranty, guarantee or
condition, strict liability, negligence, or other tort to the extent
permitted by applicable law.
It also applies even if Microsoft knew or should have known about the
possibility of the damages. The above limitation or exclusion may not
apply to you because your country may not allow the exclusion or
limitation of incidental, consequential or other damages.
Please note: As this software is distributed in Quebec, Canada, some
of the clauses in this agreement are provided below in French.
Remarque : Ce logiciel étant distribué au Québec, Canada, certaines
des clauses dans ce contrat sont fournies ci-dessous en français.
EXONÉRATION DE GARANTIE. Le logiciel visé par une licence est offert
« tel quel ». Toute utilisation de ce logiciel est à votre seule
risque et péril. Microsoft n’accorde aucune autre garantie expresse.
Vous pouvez bénéficier de droits additionnels en vertu du droit local
sur la protection des consommateurs, que ce contrat ne peut modifier.
La ou elles sont permises par le droit locale, les garanties
implicites de qualité marchande, d’adéquation à un usage particulier
et d’absence de contrefaçon sont exclues.
LIMITATION DES DOMMAGES-INTÉRÊTS ET EXCLUSION DE RESPONSABILITÉ POUR
LES DOMMAGES. Vous pouvez obtenir de Microsoft et de ses fournisseurs
une indemnisation en cas de dommages directs uniquement à hauteur de
5,00 $ US. Vous ne pouvez prétendre à aucune indemnisation pour les
autres dommages, y compris les dommages spéciaux, indirects ou
accessoires et pertes de bénéfices.
Cette limitation concerne :
• tout ce qui est relié au logiciel, aux services ou au contenu
(y compris le code) figurant sur des sites Internet tiers ou dans des
programmes tiers ; et
• les réclamations au titre de violation de contrat ou de garantie, ou
au titre de responsabilité stricte, de négligence ou d’une autre faute
dans la limite autorisée par la loi en vigueur.
Elle s’applique également, même si Microsoft connaissait ou devrait
connaître l’éventualité d’un tel dommage. Si votre pays n’autorise pas
l’exclusion ou la limitation de responsabilité pour les dommages
indirects, accessoires ou de quelque nature que ce soit, il se peut
que la limitation ou l’exclusion ci-dessus ne s’appliquera pas à votre
égard.
EFFET JURIDIQUE. Le présent contrat décrit certains droits juridiques.
Vous pourriez avoir d’autres droits prévus par les lois de votre pays.
Le présent contrat ne modifie pas les droits que vous confèrent les
lois de votre pays si celles-ci ne le permettent pas.

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Vidyo End User License Agreement including Limited Warranty, and Disclaimer of Warranty
End User License Agreement
VIDYO, Inc. is a Delaware corporation with a principal place of business 433 Hackensack Ave., 6th floor, Hackensack, NJ 07601 (Vidyo).
IMPORTANT: PLEASE READ THIS END USER LICENSE AGREEMENT CAREFULLY. DOWNLOADING, INSTALLING OR USING VIDYO OR VIDYO-SUPPLIED SOFTWARE CONSTITUTES ACCEPTANCE OF THIS AGREEMENT.
THIS LICENSE OF THE SOFTWARE IS VALID ONLY UPON THE CONDITION THAT YOU ACCEPT ALL OF THE TERMS CONTAINED IN THIS LICENSE AGREEMENT. YOUR ACCEPTANCE WILL BE BY INSTALLING OR DOWNLOADING THE SOFTWARE, OR USING THE EQUIPMENT THAT CONTAINS THIS SOFTWARE. YOU ARE BINDING YOURSELF AND THE BUSINESS ENTITY THAT YOU REPRESENT (COLLECTIVELY, "CUSTOMER") TO THIS AGREEMENT. IF YOU DO NOT AGREE TO ALL OF THE TERMS OF THIS AGREEMENT, THEN VIDYO IS UNWILLING TO LICENSE THE SOFTWARE TO YOU AND (A) DO NOT DOWNLOAD, INSTALL OR USE THE SOFTWARE, (B) YOU MAY RETURN THE SOFTWARE FOR A FULL REFUND, OR, IF THE SOFTWARE IS SUPPLIED AS PART OF ANOTHER VIDYO PRODUCT, YOU MAY RETURN THE ENTIRE PRODUCT FOR A FULL REFUND. YOUR RIGHT TO RETURN AND REFUND EXPIRES 30 DAYS AFTER YOUR RECEIPT OF THE SOFTWARE FROM VIDYO OR AN AUTHORIZED VIDYO RESELLER, AND APPLIES ONLY IF YOU ARE THE ORIGINAL END USER PURCHASER.
Vidyo's technology is covered by U.S Pat. Nos. 7,593,032 B3 and 7,643,560, as well as additional International patents or pending U.S. or International patent applications owned by Vidyo, Inc.
Conditioned upon compliance with the terms and conditions of this Agreement, Vidyo grants to Customer a nonexclusive and nontransferable license to use for Customer's internal business purposes the Software and the Documentation for which Customer has paid the required license fees. "Documentation" means written information (whether contained in user or technical manuals, training materials, specifications or otherwise) specifically pertaining to the Software and made available by Vidyo with the Software in any manner (including on CD-Rom, or on-line). Customer's license to use the Software shall be limited to, and Customer shall not use the Software in excess of, a single Vidyo Product as set forth in the applicable Purchase Order which has been accepted by Vidyo and for which Vidyo has been paid the required license fee. Unless otherwise expressly provided in the Documentation, Customer shall use the Software solely as embedded in, for execution on, or (where the applicable documentation permits installation on non-Vidyo equipment) for communication with Vidyo equipment owned or leased by Customer and used for Customer's internal business purposes. No other uses of the Software are authorized by this Agreement and any unauthorized use of the Software shall be a violation of the terms of this license and Agreement.
Note For evaluation or beta copies for which Vidyo does not charge a license fee, the above requirement to pay license fees does not apply.
Use of Products. Products are not authorized for use in critical safety or other applications where any failure may reasonably be anticipated to result in bodily injury, loss of life, or catastrophic damage to property. If Customer uses or sells the Products for use in any such applications, Customer acknowledges that such sale or use is at Customer's sole risk. Customer will indemnify, defend and hold Vidyo and its suppliers harmless from and against any and all liabilities and costs arising out of or in connection with such sale or use.
Limited Warranty
Express Warranty : Vidyo warrants that for a period of one (1) year following shipment of the Product (i) the Product hardware shall be free from defects in materials and workmanship and (ii) the Licensed Software substantially conforms to its published specification. For instructions to make and process claims under this warranty, please contact the Vidyo authorized reseller from whom you acquired the Product
Except for the foregoing, the Software is provided AS IS. This limited warranty extends only to the Customer who is the original licensee. Customer's sole and exclusive remedy and the entire liability of Vidyo and its suppliers and licensors under this limited warranty will be, at Vidyo's option, repair, replacement, or refund of the Product if reported (or, upon request, returned) to Vidyo or the party supplying the Product to Customer. In no event does Vidyo warrant that the Software is error free or that Customer will be able to operate the Software without problems or interruptions. In addition, due to the continual development of new techniques for intruding upon and attacking networks, Vidyo does not warrant that the Software or any equipment, system or network on which the Software is used will be free of vulnerability to intrusion or attack.
Restrictions. This warranty does not apply if the Software, Product or any other equipment upon which the Software is authorized to be used (a) has been altered, except by Vidyo or its authorized representative, (b) has not been installed, operated, repaired, or maintained in accordance with instructions supplied by Vidyo, (c) has been subjected to abnormal physical or electrical stress, misuse, negligence, or accident; or (d) is licensed, for beta, evaluation, testing or demonstration purposes. This warranty also does not apply to (e) any temporary Soft-ware modules; (f) any Software for which Vidyo does not receive a license fee.
DISCLAIMER OF WARRANTY
EXCEPT AS SPECIFIED IN THIS WARRANTY, ALL EXPRESS OR IMPLIED CONDITIONS, REPRESENTATIONS, AND WARRANTIES INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OR CONDITION OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, SATISFACTORY QUALITY, NON-INTERFERENCE, ACCURACY OF INFOR-MATIONAL CONTENT, OR ARISING FROM A COURSE OF DEALING, LAW, USAGE, OR TRADE PRACTICE, ARE HEREBY EXCLUDED TO THE EXTENT ALLOWED BY APPLICABLE LAW AND ARE EXPRESSLY DISCLAIMED BY VIDYO, ITS SUPPLIERS AND LICENSORS.TO THE EXTENT AN IMPLIED WARRANTY CANNOT BE EXCLUDED, SUCH WARRANTY IS LIMITED IN DURATION TO THE EXPRESS WARRANTY PERIOD. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, THE ABOVE LIMITATION MAY NOT APPLY. THIS WARRANTY GIVES CUSTOMER SPECIFIC LEGAL RIGHTS, AND CUSTOMER MAY ALSO HAVE OTHER RIGHTS WHICH VARY FROM JURISDICTION TO JURISDICTION. This disclaimer and exclusion shall apply even if the express warranty set forth above fails of its essential purpose.
General Limitations.
This is a license, not a transfer of title, to the Software and Documentation, and Vidyo and/or its licensor(s), retain(s) ownership of all copies of the Software and Documentation and intellectual property rights of the Product and Software. Customer acknowledges that the Products, Software and Documentation contain intellectual property rights (such as international and united states trade secrets, copyrights, patents, and patents pending) of Vidyo, its suppliers or licensors including but not limited to the specific internal design and structure of individual programs and associated interface information. Accordingly, except as otherwise expressly provided under this Agreement, Customer shall have no right and Customer specifically agrees not to: (i) transfer, assign or sublicense its license rights to any other person or entity, or use the Software on unauthorized or secondhand Vidyo equipment, and Customer acknowledges that any attempted transfer, assignment, sublicense or use shall be void; (ii) make error corrections to or otherwise modify or adapt the Product, Software or create derivative works based upon the Software, or permit third parties to do the same;(iii) reverse engineer or decompile, decrypt, disassemble or otherwise reduce the Software to human-readable form, except to the extent otherwise expressly permitted under applicable law notwithstanding this restriction; (iv) use or permit the Software to be used to perform services for third parties, whether on a service bureau or time sharing basis or otherwise, without the express written authorization of Vidyo; or (v) disclose, provide, or otherwise make available trade secrets contained within the Products, Software and Document-ation in any form to any third party without the prior written consent of Vidyo. Customer shall implement reasonable security measures to protect such trade secrets. To the extent required by law, and at Customer's written request, Vidyo shall provide Customer with the interface information needed to achieve interoperability between the Software and another independently created program, on payment of Vidyo's applicable fee, if any. Customer shall observe strict obligations of confidentiality with respect to such information and shall use such information in compliance with any applicable terms and conditions upon which Vidyo makes such information available.
Unless otherwise expressly specified all taxes and duties relating to this Agreement, the Products, or Software are excluded and shall be Customer's responsibility.
Software, Upgrades and Additional Copies.
For purposes of this Agreement, "Software" shall include (and the terms and conditions of this Agreement shall apply to) computer programs, including firmware, as provided to Customer by Vidyo or an authorized Vidyo reseller, and any upgrades, updates, bug fixes or modified versions thereto (collectively, "Upgrades") or backup copies of the Software licensed or provided to Customer by Vidyo or an authorized Vidyo reseller. NOTWITHSTANDING ANY OTHER PROVISION OF THIS AGREEMENT: (1) CUSTOMER HAS NO LICENSE OR RIGHT TO USE ANY ADDITIONAL COPIES OR UPGRADES UNLESS CUSTOMER, AT THE TIME OF ACQUIRING SUCH COPY OR UPGRADE, ALREADY HOLDS A VALID LICENSE TO THE ORIGINAL SOFTWARE AND HAS PAID THE APPLICABLE FEE FOR THE UPGRADE OR ADDITIONAL COPIES; (2) USE OF UPGRADES IS LIMITED TO VIDYO EQUIPMENT FOR WHICH CUSTOMER IS THE ORIGINAL END USER PURCHASER OR LESSEE OR WHO OTHERWISE HOLDS A VALID LICENSE TO USE THE SOFTWARE WHICH IS BEING UPGRADED; AND (3) THE MAKING AND USE OF ADDITIONAL COPIES IS LIMITED TO NECESSARY BACKUP PURPOSES ONLY.
Proprietary Notices. Customer agrees to maintain and reproduce all copyright and other proprietary notices on all copies, in any form, of the Software in the same form and manner that such copyright and other proprietary notices are included on the Software. Except as expressly authorized in this Agreement, Customer shall not make any copies or duplicates of any Software without the prior written permission of Vidyo.
Term and Termination. This Agreement and the license granted herein shall remain effective until terminated as specified in the related order or under this section. Customer may terminate this Agreement and the license any time by destroying all copies of Software and any Documentation. Customer's rights under this Agreement will terminate immediately without notice from Vidyo if Customer fails to comply with any provision of this Agreement. Upon termination, Customer shall destroy all copies of Software and Documentation in its possession or control. All confidentiality obligations of Customer and all limitations of liability and disclaimers and restrictions of warranty shall survive termination of this Agreement. In addition, the provisions of the sections titled " United States Government Restricted Rights." and "General Terms Applicable to the Limited Warranty Statement and End User License" shall survive termination of this Agreement. Any other clauses which by their terms are required for the enforcement of this Agreement shall survive termination.
Export. Products, Software and Documentation, including technical data, may be subject to U.S. export control laws, including the U.S. Export Administration Act and its associated regulations, and may be subject to export or import regulations in other countries. Customer agrees to comply strictly with all such regulations and acknowledges that it has the responsibility to obtain licenses to export, re-export, or import Products, Software and Documentation.
United States Government Restricted Rights.
The Software and Documentation are provided with Restricted Rights and qualify as `commercial items' consisting of `commercial computer software' and`computer software documentation' as such terms are defined and used at FAR (48 C.F.R.) 2.101 and FAR 12.212 . Use, duplication, or disclosure by the government is subject to restrictions as set forth in subparagraph (c)(f)(ii) of the Rights in Technical Data and Computer Software clause at DFARS 252.227-7013 or subparagraphs (c) (1) and (2) of the Commercial Computer Software-Restricted Rights at 48 C.F.R. S:52.227-19, as applicable.
General Terms Applicable to the End User License, Limited Warrant Statement and Disclaimer of Liabilities. REGARDLESS WHETHER ANY REMEDY SET FORTH HEREIN FAILS OF ITS ESSENTIAL PURPOSE OR OTHERWISE, IN NO EVENT WILL VIDYO OR ITS SUPPLIERS BE LIABLE FOR ANY LOST REVENUE, PROFIT, OR LOST OR DAMAGED DATA, BUSINESS INTERRUPTION, LOSS OF CAPITAL, OR FOR SPECIAL, INDIRECT, CONSEQUENTIAL, INCIDENTAL, OR PUNITIVE DAMAGES HOWEVER CAUSED AND REGARDLESS OF THE THEORY OF LIABILITY OR WHETHER ARISING OUT OF THE USE OF OR INABILITYTO USE SOFTWARE OR OTHERWISE AND EVEN IF VIDYO OR ITS SUPPLIERS OR LICENSORS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. In no event shall Vidyo's or its suppliers' or licensors' liability to Customer, whether in contract, tort (including negligence), breach of warranty,or otherwise, exceed the price paid by Customer for the Software that gave rise to the claim or if the Software is part of another Vidyo Product, the price paid for such other Vidyo Product. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW LIMITATION OR EXCLUSION OF CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
Customer agrees that the limitations of liability and disclaimers set forth herein will apply regardless of whether Customer has accepted the Software or any other product or service delivered by Vidyo. Customer acknowledges and agrees that Vidyo has set its prices to end users and to Vidyo's authorized resellers and entered into this Agreement in reliance upon the disclaimers of warranty and the limitations of liability set forth herein, that the same reflect an allocation of risk between the parties (including the risk that a contract remedy may fail of its essential purpose and cause consequential loss), and that the same form an essential basis of the bargain between the parties. The validity, construction and performance of this Agreement shall be governed by and construed in accordance with the laws of the State of New Jersey, United States, without reference to or application of choice of law rules or principles. The exclusive venue for any dispute arising under this Agreement shall be within the competent courts in the State of New Jersey, USA. The United Nations Convention on the International Sale of Goods shall not apply. If any portion hereof is found to be void or unenforceable, the remaining provisions of the Agreement shall remain in full force and effect. Except as expressly provided herein, this Agreement constitutes the entire agreement between the parties with respect to the terms herein and Documentation and supersedes any conflicting or additional terms contained in any purchase order or elsewhere, all of which terms are excluded. This Agreement has been written in the English language, and the parties agree that the English version will govern.
Infringement Indemnification.(a) Vidyo will defend or settle, at its expense, any action brought against Customer based upon the claim that the Software or Product, if used within the scope of the License granted under this Agreement, directly infringe a registered United States, European Union or Commonwealth patent or copyright; provided, however, that: (i) Customer shall notify Vidyo promptly in writing of any such claim; (ii) Customer shall not enter into any settlement or compromise any claim without Vidyo's prior written consent; (iii) Vidyo shall have sole control of any such action and settlement negotiations; and (iv) Customer shall provide Vidyo with information and assistance, at Vidyo's request, necessary to settle or defend such claim. Vidyo agrees to pay all damages and costs finally awarded against Customer attributable to such claim. The foregoing states the sole liability of Vidyo and the exclusive remedy of Customer for any infringement of intellectual property rights by the Product or any other items provided by Vidyo hereunder.(b) If the Product or Software becomes, or in the opinion of Vidyo may become, the subject of a claim of infringement of any third party right, Vidyo may, at its option and in its discretion: (i) procure for Customer the right to use the Product free of any liability; (ii) replace or modify the Product to make it non-infringing; or (iii) repurchase the applicable licenses or Products. (c) Customer will defend or settle, at its expense, any action brought against Vidyo based upon the claim that any modifications to the Product or combination of the Product with products infringes or violates any third party right; provided, however, that: (i) Vidyo shall notify Customer promptly in writing of any such claim; (ii) Vidyo shall not enter into any settlement or compromise any such claim without Customer's prior written consent; iii) Customer shall have sole control of any such action and settlement negotiations; and (iv) Vidyo shall provide Customer with information and assistance, at Customer's request and expense, necessary to settle or defend such claim. Customer agrees to pay all damages and costs finally awarded against Vidyo attributable to such claim.(d) Notwithstanding Subsection (a) above, Vidyo assumes no liability hereunder for, and shall have no obligation to defend Customer or to pay costs, damages or attorney's fees for, any claim based upon any modifications to the Product not provided by Vidyo or combination of the Product with other products.

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END USER LICENSE AGREEMENT
FOR VMWARE(TM) DESKTOP SOFTWARE PRODUCT
VMWARE, INC. LICENSES THIS DESKTOP SOFTWARE PRODUCT TO YOU SUBJECT TO
YOUR ACCEPTANCE OF ALL OF THE TERMS CONTAINED IN THIS END USER LICENSE
AGREEMENT ("EULA"). READ THE TERMS OF THIS EULA CAREFULLY. IF YOU DO
NOT ACCEPT THIS AGREEMENT AND YOU HAVE PROOF OF PAYMENT, YOU MAY RETURN
THE UNOPENED SOFTWARE TO THE LOCATION AT WHICH YOU ACQUIRED IT WITHIN
THIRTY (30) DAYS FOR A REFUND OF THE LICENSE FEE. IF YOU ARE VIEWING
THIS EULA ELECTRONICALLY, SELECT THE "YES" BUTTON AT THE BOTTOM OF THIS
PAGE TO INDICATE YOUR AGREEMENT TO THE TERMS OF THIS EULA. IF YOU ARE NOT
WILLING TO BE BOUND BY ITS TERMS, SELECT THE "NO" BUTTON AT THE BOTTOM OF
THIS PAGE AND THE REGISTRATION OR INSTALLATION PROCESS WILL NOT CONTINUE.
NOTICE TO CUSTOMER
If you do not agree to the terms of this EULA, do not install, activate,
or use this software. This EULA is a contract between you (either an
individual or an entity) and VMware, Inc. ("VMware"), which governs
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.
DEFINITIONS
In this EULA, the Desktop software and associated media, printed
materials, and online or electronic documentation are collectively
referred to as the "Software." When installed, the Software enables
you to run one or more instances of third-party operating systems
("Guest Operating Systems") and applications on a single computer system.
A software activation file and a serial number ("Software License Key")
issued to you by VMware are required to use the Software. The term
"Number of Licensed Users" means the number one (1), unless you received
a VMware License Certificate with this software product, in which case
the term "Number of Licensed Users" means the Number of Licensed Users
set forth on the VMware License Certificate.
WARNING FOR EVALUATION LICENSEES
The Software can be activated with a no-cost evaluation Software
License Key. Evaluation Software License Keys have an expiration date
("Expiration Date"). If you activate the Software with an evaluation
Software License Key: (i) you may use the Software until the Expiration
Date only to evaluate the suitability of the Software for licensing
on a for-fee basis; (ii) the limited 90-day warranty below is not
applicable to you; and (iii) THE SOFTWARE IS PROVIDED TO YOU "AS IS"
WITHOUT WARRANTY OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR
OTHERWISE. VMWARE BEARS NO LIABILITY FOR ANY DAMAGES RESULTING FROM USE
(OR ATTEMPTED USE) OF THE SOFTWARE THROUGH OR AFTER THE EXPIRATION DATE,
AND HAS NO DUTY TO PROVIDE SUPPORT TO YOU.
LICENSE
The Software is licensed, not sold. Subject to the terms and limitations
of this EULA, VMware hereby grants you a nonexclusive, nontransferable
license, without rights to sublicense, to (i) make a number of copies
of the Software less than or equal to the Number of Licensed Users for
the purpose of installing a single copy of the Software on an equivalent
number of computers, each of which is running a validly licensed copy
of the operating system for which the Software is designed; (ii) use
the Software License Key to activate each copy of the Software made in
accordance with sub-clause (i); (iii) have up to the Number of Licensed
Users use the Software (in object code form only) solely for your
own internal information processing services and computing needs; and
(iv) use the documentation accompanying the Software in connection with
permitted uses of the Software. If you are an entity, each copy of the
Software may be used by one designated individual user only. The total
number of designated users may not exceed the Number of Licensed Users.
Each copy of the Software may not be used by any other person, whether or
not such person is employed by or otherwise associated with your entity.
LIMITED SHARED USE LICENSE
For shared use computing laboratory environments within academic
institutions, the license grant above shall be modified to permit use
of the Software on a single computer system without the limitation
that such use be limited to the designated user(s); provided that any
such user(s) agree to and abide by the terms of this EULA; provided
further that you must acquire and dedicate a Software License Key for
each separate computer system on which the Software is installed. Under
this shared computing laboratory use license, a computing laboratory at
an academic institution having ten computers loaded with the Software
on which no more than five users would concurrently access and use the
Software, for example, would require ten Software License Keys. Unless
the computing laboratory is operated and maintained by and within an
academic institution, this limited shared use license does not apply.
LICENSE LIMITATIONS
You may not copy the Software except for a reasonable number of
machine-readable copies of the Software for backup or archival purposes
and except as expressly permitted in the License section above. You may
not share or use concurrently the Software except as expressly permitted
in the Limited Shared Use License section above. You may not remove
any titles, trademarks or trade names, copyright notices, legends, or
other proprietary markings on the Software. You are not granted any
rights to any trademarks or service marks of VMware. VMware retains
all rights not expressly granted to you.
LICENSE AS UPGRADE OF PREVIOUSLY LICENSED PRODUCT
If you purchased this Desktop software product as an upgrade at the
applicable upgrade price, then you must have previously purchased a
prior version of this Desktop software product at the applicable product
(not upgrade) price. If you have not purchased a prior version at the
applicable product price, then please contact the vendor from whom you
purchased the upgrade, or, if you are unable to contact your vendor,
VMware, to make payment for the difference between the upgrade price
and the product price within thirty (30) days of the date you purchased
the upgrade. If you do not make the appropriate payment to your vendor
or VMware within thirty (30) days, this EULA will automatically terminate
and you must comply with the termination provisions below.
LICENSES REQUIRED FOR THIRD-PARTY SOFTWARE
The Software allows multiple Guest Operating Systems and applications to
run on a single computer system. You are responsible for obtaining any
licenses necessary to operate any such third-party software, including
Guest Operating Systems. In the event that the Software includes a valid
licensed copy of a Guest Operating System for pre-installation with
the Software, the use of such Guest Operating System shall be defined
by the end user license agreement for that Guest Operating System.
By explicitly accepting this EULA, or by installing, copying, downloading,
accessing, or otherwise using the Software and/or Software License Key,
you are acknowledging and agreeing to be bound by the terms of the end
user license agreement for the pre-installed Guest Operating System,
which terms accompany the Guest Operating System.
PROPRIETARY RIGHTS RESERVED BY VMWARE
VMware retains all right, title, and interest in and to the Software and
the Software License Key and in all related copyrights, trade secrets,
patents, trademarks, and any other intellectual and industrial property
and proprietary rights, including registrations, applications, renewals,
and extensions of such rights.
RESTRICTIONS
You may not (i) sell, lease, license, sublicense, or otherwise transfer
in whole or in part the Software or the Software License Key to another
party; (ii) provide, disclose, divulge or make available to, or permit
use of the Software in whole or in part by, any third party, including
contractors, without VMware's prior written consent; (iii) decompile,
disassemble, reverse engineer, or otherwise attempt to derive source code
from the Software, in whole or in part; (iv) modify or create derivative
works based upon the Software; or (v) use the Software to provide network,
application hosting or other services to third parties, or otherwise
use the Software on a service bureau or hosting basis for your customers.
SUPPORT SERVICES
VMware may provide limited web-based support services related to
the Software for a period of thirty (30) days after the date of
purchase. Additional support services may be purchased separately.
Any such support services provided by VMware will be governed by the
VMware polices and programs described in online documentation and other
VMware provided materials. Any supplemental software code or related
materials that VMware provides to you as part of any support services are
to be considered part of the Software and are subject to the terms and
conditions of this EULA. VMware may use any technical information you
provide to VMware for any VMware business purposes without restriction,
including for product support and development. VMware will not use
information in a form that personally identifies you.
UPDATES AND UPGRADES NOT INCLUDED
This EULA does not give you any rights to any updates or upgrades to the
Software or to any extensions or enhancements to the Software developed
by VMware at any time in the future. Rights to any future developments
will be governed by a separate subscription contract that you may sign
with VMware or by the end user license agreement relating to those
developments, in each case as described in the online documentation or
other VMware provided materials.
TERMINATION
VMware may terminate this EULA if you fail to comply with any term of
this EULA. In the event of termination, you must destroy all copies of
the Software and Software License Key. In addition you must remove all
copies of the Software from the computer(s) on which it is installed.
GOVERNMENT RESTRICTIONS
You may not export or re-export the Software except in compliance with
the United States Export Administration Act and the related rules and
regulations and similar non-U.S. government restrictions, if applicable.
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 by the U.S. Government shall
be governed solely by the terms of this EULA.
LIMITED WARRANTY
VMware warrants that the media, if any, on which the Software is delivered
will be free of defects and that the Software will substantially conform
to the description contained in the applicable documentation, in each
case for a period of 90 days after the date of delivery of the Software
License Key. EXCEPT FOR THE PRECEDING EXPRESS LIMITED WARRANTY, VMWARE
MAKES AND YOU RECEIVE NO WARRANTIES ON THE SOFTWARE, EXPRESS, IMPLIED,
STATUTORY, OR IN ANY OTHER PROVISION OF THIS EULA OR COMMUNICATION
WITH YOU, AND VMWARE SPECIFICALLY DISCLAIMS ANY IMPLIED WARRANTIES OF
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
LIMITATION OF LIABILITY
IN NO EVENT WILL VMWARE BE LIABLE FOR ANY LOST PROFITS OR BUSINESS
OPPORTUNITIES, LOSS OF USE, 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. THIS LIMITATION SHALL
APPLY REGARDLESS OF WHETHER VMWARE HAS BEEN ADVISED OF THE POSSIBILITY OF
SUCH DAMAGES. VMWARE'S LIABILITY UNDER THIS EULA WILL NOT, IN ANY EVENT,
EXCEED THE LICENSE FEES, IF ANY, PAID BY YOU TO VMWARE FOR THE SOFTWARE
LICENSED BY YOU UNDER THIS EULA.
GENERAL
This EULA is governed by the laws of the State of California,
U.S.A. without regard to conflict of law principles. 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. If any provision of this
EULA is held invalid, the remainder of this EULA shall continue in full
force and effect. This EULA may be modified only by written agreement
signed by authorized representatives of you and VMware.
CONTACT INFORMATION
If you have any questions about this EULA, or if you want to contact
VMware for any reason, please direct 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.

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@@ -71,7 +71,7 @@ BINARY-REDISTRIBUTABLE @FREE bh-luxi Broadcom Dina intel-ucode ipw2100-fw ipw220
# License agreements that try to take away your rights. These are more
# restrictive than "all-rights-reserved" or require explicit approval.
EULA Adaptec-EULA AdobeFlash-11.x ArxFatalis-EULA-JoWooD baudline BCS bf1942-lnxded CAPYBARA-EULA Coherent-Graphics CROSSOVER-2 CYANA DOOM3 dotnet-eula ETQW FAH-EULA-2014 FraunhoferFDK GameFront Gameplay-Group-EULA genymotion GIMPS GOG-EULA google-chrome Google-TOS Intel-SDP Introversion LastPass LOKI-EULA LRCTF MakeMKV-EULA MARBLEBLAST Mendeley-terms MSjdbcEULA40 MTA-0.5 NVIDIA-CODEC-SDK NVIDIA-CUDA Nero-AAC-EULA Nero-EULA-US OPERA-12 OPERA-2014 Oracle-BCLA-JavaSE PAPERS-PLEASE POMPOM postal2 Primate-Plunge PUEL Q3AEULA Q3AEULA-20000111 QUAKE4 Quartus-prime-megacore RAR RTCW RTCW-ETEULA RuneScape-EULA SJ-Labs spin-commercial spin-educational StarUML-EULA TeamViewer THINKTANKS UPEK-SDK-EULA ut2003 ut2003-demo Vivaldi worklog-assistant Xerox yangcli-pro zi-labone
EULA Adaptec-EULA AdobeFlash-11.x ArxFatalis-EULA-JoWooD baudline BCS bf1942-lnxded CAPYBARA-EULA Coherent-Graphics CROSSOVER-2 CYANA DOOM3 dotnet-eula ETQW FAH-EULA-2014 FraunhoferFDK GameFront Gameplay-Group-EULA genymotion GIMPS GOG-EULA google-chrome Google-TOS Intel-SDP Introversion LastPass LOKI-EULA LRCTF MakeMKV-EULA MARBLEBLAST Mendeley-terms MTA-0.5 NVIDIA-CODEC-SDK NVIDIA-CUDA Nero-AAC-EULA Nero-EULA-US OPERA-12 OPERA-2014 Oracle-BCLA-JavaSE PAPERS-PLEASE POMPOM postal2 Primate-Plunge PUEL Q3AEULA Q3AEULA-20000111 QUAKE4 Quartus-prime-megacore RAR RTCW RTCW-ETEULA RuneScape-EULA SJ-Labs spin-commercial spin-educational StarUML-EULA TeamViewer THINKTANKS UPEK-SDK-EULA ut2003 ut2003-demo Vivaldi worklog-assistant Xerox yangcli-pro zi-labone
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