path: root/licenses/vmware-console

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.