END USER LICENSE AGREEMENT FOR VMWARE CLIENT SOFTWARE May 14, 2003 (GSX Server, version 2.5.1) VMWARE, INC. LICENSES THIS CLIENT SOFTWARE TO YOU SUBJECT TO THE TERMS CONTAINED IN THIS END USER LICENSE AGREEMENT ("EULA"). READ THE TERMS OF THIS EULA CAREFULLY. BY INSTALLING, COPYING OR OTHERWISE USING THE SOFTWARE (AS DEFINED BELOW), YOU AGREE TO BE BOUND BY THE TERMS OF THIS EULA. IF YOU DO NOT AGREE TO THE TERMS OF THIS EULA, DO NOT INSTALL, COPY OR USE THE SOFTWARE. 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 this VMware software product that accompanies this EULA and related software components, which may include associated media, printed materials, and online or electronic documentation. REQUIREMENTS AND DEFINITIONS This client software package is composed of a remote console software component (the "Remote Console Software") and VmPerl and VmCOM client management libraries (in executable form) and related application programming interfaces (the "Client Management Software"). A Perl Interpreter is provided with the VmPerl Client Management Software. This client software package may include sample client management programs or scripts ("Sample Programs"). You may use and distribute Sample Programs under the terms set forth in the applicable Sample Programs files. The Remote Console Software and the Client Management Software may only be used with a VMware Server product licensed by VMware to you under a separate license agreement (the "VMware Server Product"). Your VMware Server Product enables you to run multiple instances of third- party operating systems ("Guest Operating Systems") and application programs on the computing device on which it is validly installed. When installed on a computer or terminal other than the server(s) on which you have installed the VMware Server Product, the Remote Console Software enables a user to access remotely the server(s) on which the VMware Server Product is validly installed. You may not install the Remote Console Software on any computer or terminal, unless you have already licensed or are concurrently licensing a VMware Server Product. A "Virtual Machine" is an instance of a Guest Operating System and any application programs installed thereon, running on a computing device on which the VMware Server Product is installed, or suspended to disk or any other storage media accessible by the computing device. The Client Management Software enables you to write programs to manage the Virtual Machines running on or accessible by the computing device(s) on which the VMware Server Product is installed. "Remote Access Services" permit a user to interact with the graphical or text-based interface of a Guest Operating System from another computing device networked to a server on which the VMware Server Product is installed. In this EULA, the Remote Console Software and the Client Management Software and associated media, printed materials, and online or electronic documentation are collectively referred to as the "Software." WARNING FOR EVALUATION LICENSEES The VMware Server Product 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 VMware Server Product 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 AND 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) internally use and reproduce the Client Management Software to create programs that interface with the Client Management Software to manage Virtual Machines ("Your Management Programs"); (ii) internally use Your Management Programs solely for the purpose of managing Virtual Machines operated on VMware Server Products installed on your own internal servers; (iii) use and reproduce the Remote Console Software (in object code form only) for installation and operation on an unlimited number of your own internal computers or terminals solely for the purpose of accessing server(s) on which you have validly installed a VMware Server Product and (vi) use the documentation accompanying the Software in connection with permitted uses of the Software. Your use of the Perl Interpreter included with the VmPerl Client Management Software is subject to the applicable open source license agreement described in the documentation or other materials included with the Perl Interpreter. 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 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. PROPRIETARY RIGHTS RESERVED BY VMWARE VMware retains all right, title, and interest in and to the Software 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, distribute or otherwise transfer in whole or in part the Software or Your Management Programs 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 without VMware's prior written consent; (iii) modify or create derivative works based upon the Software, except as expressly provided with respect to Client Management Software in the LICENSE section above; or (iv) use the Software on a service bureau or hosting basis to provide Remote Access Services connecting your customers to Guest Operating Systems. Except to the extent expressly permitted by applicable law, and to the extent that VMware is not permitted by that applicable law to exclude or limit the following rights, you may not decompile, disassemble, reverse engineer, or otherwise attempt to derive source code from the Software, in whole or in part. You may not disclose the results of any benchmark test of the Software to any third party without VMware's prior written approval. SUPPORT AND SUBSCRIPTION SERVICES NOT INCLUDED VMware will not provide any support services under this EULA. 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. You may purchase support and subscription services separately. If you have purchased VMware support and subscription services with the Software, these services are provided to you under the Support Contract Terms and Conditions posted on VMware's Web site at http://www.vmware.com/support/using/premium.html, and by accepting the terms of this EULA you are accepting these Support Contract Terms and Conditions. Any supplemental software code or related materials that VMware provides to you as part of any support and subscription 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. 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. In addition you must remove all copies of the Software from all computers and terminals 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 shipment of the Software. EXCEPT FOR THE PRECEDING EXPRESS LIMITED WARRANTY, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, VMWARE PROVIDES THE SOFTWARE WITHOUT ANY WARRANTIES OF ANY KIND, 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 TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, 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. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE PRECEDING LIMITATION MAY NOT APPLY TO YOU. 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. THE FOREGOING LIMITATIONS SHALL APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, REGARDLESS OF WHETHER VMWARE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND REGARDLESS OF WHETHER ANY REMEDY FAILS OF ITS ESSENTIAL PURPOSE. GENERAL This EULA is governed by the laws of the State of California and the United States of America, 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 the terms of any purchase orders and 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, Palo Alto, CA 94304, United States of America or email info@vmware.com. VMware is a trademark of VMware, Inc.