NEC Express5800/120Li User License Agreement
Contents
1. and defend VMware from and against any claims or lawsuits including attorneys fees that relate to your distribution of VMware Tools Benchmarking You may use the Software to conduct internal performance testing and benchmarking studies the results of which only You may publish or publicly disseminate provided that VMware has reviewed and approved of the methodology assumptions and other parameters of your testing and studies Please contact VMware at benchmark vmware com to request such review For VMware Workstation and Fusion benchmarks You may publish or publicly disseminate the results without VMware s prior review and approval Third party Software You are responsible for separately obtaining and complying with any licenses necessary to operate third party software including but not limited to Guest Operating Systems and application programs which the Software enables You to run Data Collection and Privacy You agree that VMware may collect use store and transmit technical and related information about your use of the Software which may include internet protocol address hardware identification operating system application software peripheral 2 856 129589 256 A 2 7 6 1 hardware and non personally identifiable Software usage statistics Collected Data to facilitate the provisioning of updates support invoicing or online services to You Collected Data is subject to VMware s Privacy Policy at http2. LICENSORS 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 AND ITS LICENSORS LIABILITY UNDER THIS EULA WILL NOT IN ANY EVENT EXCEED THE LICENSE FEES YOU PAID FOR THE SOFTWARE IF ANY THE FOREGOING LIMITATIONS SHALL APPLY REGARDLESS OF WHETHER VMWARE OR ITS LICENSORS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND REGARDLESS OF WHETHER ANY REMEDY FAILS OF ITS ESSENTIAL PURPOSE GENERAL Entire Agreement This EULA represents the entire agreement between the parties with respect to the Software and supersedes any prior or contemporaneous oral or written agreements concerning the subject matter contained herein Headings Headings under this EULA are intended only for convenience and shall not affect the interpretation of this EULA Waiver and Modification No failure of either party to exercise or enforce any of its rights under this EULA will act as a waiver of those rights This EULA may only be modified or any rights under it waived by a written agreement executed by the party against which it is asserted Severabilit
3. Section 8 of this EULA VMware does not provide any support or subscription services for the Software under this EULA You have no rights to any updates upgrades or extensions or enhancements to the Software developed by VMware unless you separately purchase VMware support or subscription services These support or subscription services are subject to VMware s then current Support and Subscription Contract Terms and Conditions TERMINATION VMware may terminate this EULA immediately upon notice if You fail to comply with any term of this EULA In the event of termination You must remove and destroy all copies of the Software and Software License Key s including all backup copies from the server and all computers and terminals You own possess or control and on which the Software is installed Any obligations to pay fees incurred prior to termination and Sections 1 2 3 6 and 7 of this EULA shall survive termination for any reason LIMITED WARRANTY AND LIMITATION OF LIABILITY Limited Warranty VMware warrants that i the physical media if any on which the Software is delivered will be free of defects in materials and workmanship and ii that the Software will substantially conform to the functional description set forth in the standard Documentation accompanying the Software for a period of 90 days after the date of delivery of the Software License Key to You Warranty Period If the physical media is defective and is returned to
4. VMWARE END USER LICENSE AGREEMENT PLEASE NOTE THAT THE TERMS OF THIS END USER LICENSE AGREEMENT SHALL GOVERN YOUR USE OF THE SOFTWARE REGARDLESS OF ANY TERMS THAT MAY APPEAR DURING THE INSTALLATION OF THE SOFTWARE IMPORTANT READ CAREFULLY BY DOWNLOADING INSTALLING OR USING THE SOFTWARE YOU THE INDIVIDUAL OR LEGAL ENTITY AGREE TO BE BOUND BY THE TERMS OF THIS END USER LICENSE AGREEMENT EULA IF YOU DO NOT AGREE TO THE TERMS OF THIS EULA YOU MUST NOT DOWNLOAD INSTALL OR USE THE SOFTWARE AND YOU MUST DELETE OR RETURN THE UNUSED SOFTWARE TO THE VENDOR FROM WHICH YOU ACQUIRED IT WITHIN THIRTY 30 DAYS AND REQUEST A REFUND OF THE LICENSE FEE IF ANY THAT YOU PAID FOR THE SOFTWARE EVALUATION LICENSE If You are licensing the Software for evaluation purposes your use of the Software is only permitted in a non production environment and for the period limited by the Software License Key Notwithstanding any other provision in this EULA an Evaluation License of the Software is provided AS IS without support or warranty of any kind expressed or implied 1 DEFINITIONS 1 1 Documentation means collectively the operation instructions release notes user manuals and or help files for the Software in electronic or written form 1 2 Guest Operating Systems means instances of third party operating systems licensed separately by You and installed in a Virtual Machine 1 3 Software means software products tha
5. VMware within the Warranty Period your exclusive remedy will be VMware s option to repair or replace the defective physical media To return the defective physical media send an email to sales vmware com to request a return authorization number If during the Warranty Period the Software does not substantially conform to the functional description set forth in the Documentation your exclusive remedy will be that VMware shall at its sole option correct the defects in the Software or refund the license fees You paid if any for the Software provided that i the Software has been properly installed and used at all times and in accordance with the Documentation ii no modification deletion or addition has been made to the Software by persons 3 856 129589 256 A 6 2 7 1 Ad 7 3 7 4 7 5 other than VMware or its authorized representative and 11 VMware receives written notice of the non conformity within the Warranty Period EXCEPT FOR THE PRECEDING EXPRESS LIMITED WARRANTY TO THE MAXIMUM EXTENT MANDATED BY LAW VMWARE AND ITS LICENSORS PROVIDE 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 AND ITS LICENSORS SPECIFICALLY DISCLAIM ANY IMPLIED WARRANTIES OF MERCHANTABILITY FITNESS FOR A PARTICULAR PURPOSE AND NON INFRINGEMENT LIMITATION OF LIABILITY TO THE MAXIMUM EXTENT MANDATED BY LAW IN NO EVENT WILL VMWARE AND ITS
6. invoiced in the European Union for the Software You may use that Software in any of the European Union member states For VMware Workstation and Fusion You may use the Software without the invoice country restriction You may allow third party consultants or contractors to access and use the Software on Your behalf solely for Your internal business operations provided they are bound by an agreement with You protecting VMware s intellectual property with terms no less stringent than this EULA and You ensure that such third party use of the Software complies with the terms of this EULA You may make one backup unmodified copy of the Software solely for archival purpose If You upgrade or exchange the Software from a previous validly licensed version You must cease use of the prior version of that Software You agree to provide written certification of destruction of the previous version of the Software upon VMware s request Restrictions Except as expressly permitted by this EULA or by applicable law You may not i sell lease assign license sublicense distribute or otherwise transfer in whole or in part the Software ii permit any use of or access to the Software by any third party iii operate the Software on behalf of or for the benefit of any third party including the operation of any service that is accessed by a third party except that for the purposes of this Section 2 2 iii You may use the Software to deliver hosted services t
7. ion 227 7202 and FAR Section 12 212 b as applicable Any use modification reproduction release performance display or disclosure of the Software by the U S Government shall be governed solely by the terms of this EULA Governing Law This EULA is governed by the laws of the State of California United States of America unless mandated by other law The United Nations Convention for the International Sale of Goods shall not apply Contact Information Please direct legal notices or other correspondence to VMware Inc 3401 Hillview Avenue Palo Alto California 94304 United States of America If You have any questions concerning this EULA please send an email to info vmware com SOFTWARE SPECIFIC TERMS AND CONDITIONS In addition to the above sections the Software is subject to the following terms and conditions In the event of any conflict between the Software specific terms and conditions and sections 1 7 of the EULA the Software specific terms and conditions shall control VMware vCenter Server Instance means a single installation of the Software on a physical server or Virtual Machine Pool means the aggregate amount of VRAM licensed for all vSphere licenses that are 1 all of the same edition and 2 all managed by a single instance of vCenter Server or by multiple vCenter Servers operating in linked mode Server means a hardware system capable of running the Software A hardware partition or blade is co
8. nsidered a separate hardware system vRAM means the virtual memory configured to a single Virtual Machine You may transfer the Software between Your Servers provided the same Software license may not run concurrently VMware vCenter Converter The Microsoft Windows Preinstallation Environment software included with the Software is limited for use as a boot diagnostic disaster recovery setup restoration emergency services installation test and or configuration utilities program and not for use as a general purpose operating system or as a substitute for a fully functional version of any operating system product and contains a security feature that will cause your computer system to reboot without prior notification after 24 hours of continuous use VMware vSphere Essentials and VMware vSphere Essentials Plus collectively the Essentials Kit 5 856 129589 256 A You may only use VMware vCenter Server included in the Essential Kit solely to manage up to three 3 Servers with each Server having up to two 2 Processors The amount of VRAM managed by the VMware vCenter Server included with the Essentials Kit cannot exceed 192 GB of VRAM in its Pool at any time VMware vSphere Essentials for Retail and Branch Offices and VMware vSphere Essentials Plus for Retail and Branch Offices collectively the ROBO Kit You may only use VMware vCenter Server included in the ROBO Kit solely to manage up to three 3 Serve
9. o Your affiliates that are directly or indirectly controlled by or are under common control with You Control in this Section 2 2 1ii means an ownership voting or similar interest representing fifty percent 50 or more of the total interests then outstanding of the relevant entity iv decompile disassemble reverse engineer or otherwise attempt to derive source code from the Software v modify or create derivative works based upon the Software or vi create develop license install use or deploy any software or services to circumvent enable modify or provide access permissions or rights which violate the technical restrictions in the Software If You wish to exercise any rights to reverse engineer to ensure interoperability in accordance with applicable law You must first provide VMware with written notice and all reasonably requested information to info vmware com within 30 days and permit VMware to assess your claim and at VMware s sole discretion to make an offer to provide alternatives that reduce any adverse impact on VMware s intellectual property or other rights VMware Tools You may use or distribute the suite of utilities and drivers that may be part of the Software VMware Tools to any third party provided that i You only distribute the VMware Tools as a whole in object code format whether or not as part of the Virtual Machine You create with the Software and ii You agree to indemnify hold harmless
10. rs per physical building with each Server having up to two 2 Processors or use a separately purchased VMware vCenter Server Standard to manage such Servers The number of physical buildings with Servers may not exceed the number of ROBO Kit licenses purchased The amount of VRAM managed by the VMware vCenter Server included with the ROBO Kit cannot exceed 192 GB of VRAM in its Pool at any time VMware View Desktop Virtual Machine is a hosted Virtual Machine with one of the following Windows operating systems XP Vista and 7 Powered On Desktop Virtual Machine means a Desktop Virtual Machine receiving a remote connection from a device or running locally on a device Your use of VMware vCenter Server included in any VMware View edition is limited to managing servers that are solely hosting Desktop Virtual Machines and VMware products which are included in the applicable View edition or third party connection brokers and desktop management and monitoring tools Your use of individual features included in a specific View edition is limited to that edition The use of individual features interchangeably between View editions is strictly prohibited 6 856 129589 256 A
11. t are licensed to You under this EULA including but not limited to any related components purchased or provided with the Software Documentation and any maintenance releases thereto 1 4 Software License Key means a valid serial number issued to You to activate and use the Software 1 5 Open Source Software means various software components including open source software that may be part of the Software each licensed to You under its own applicable license terms and conditions which can be found in the open_source_licenses txt file the Documentation or as applicable the corresponding source files for the Software available at http www vmware com download open_source html 1 6 Virtual Machine means a software container that can run its own operating system and execute applications like a physical machine 2 GRANT AND USE RIGHTS FOR SOFTWARE 2 1 License Grant The Software is licensed not sold Subject to the terms of this EULA VMware grants You a non exclusive non transferable license without rights to sublicense to use the Software in the country where You are invoiced in accordance with the Documentation and the VMware license model per device per processor per server per single user per virtual machine or any other VMware approved license model specified in Section 8 of this EULA for which You 1 856 129589 256 A 2 2 2 3 2 4 2 5 2 6 have paid the applicable license fees If You were
12. www vmware com help privacy html Audit Rights During the term of this EULA and for two 2 years after termination or expiration of the EULA or support and subscription services for the applicable Software has expired You agree to maintain accurate records as to your installation and use of the Software sufficient to provide evidence of compliance with the terms of this EULA VMware or an independent third party designated by VMware may audit upon written notice to You your books records and computing devices to determine your compliance with this EULA and your payment of the applicable license and support services fees if any for the Software VMware may conduct no more than one 1 audit in any twelve 12 month period In the event that any such audit reveals an underpayment by You of more than five percent 5 of the license amounts due to VMware in the period being audited or that You have breached any term of the EULA then in addition to paying to VMware any underpayments for Software licenses and Support and Subscription Sns fees and any other remedies VMware may have You will promptly pay to VMware the audit costs incurred by VMware TITLE VMware retains all right title and interest in and to the Software the Software License Key s and all related intellectual property rights VMware retains all rights not expressly granted to You in this EULA SUPPORT AND SUBSCRIPTION SERVICES Except as expressly specified in
13. y If any provision of this EULA is found illegal or unenforceable it will be enforced to the maximum extent permissible and the legality and enforceability of the other provisions of this EULA will not be affected Export Controls The Software is of United States origin and is provided subject to the U S Export Administration Regulations Diversion contrary to U S law is prohibited Without limiting the foregoing you agree that 1 you are not and are not acting on behalf of any person who is a citizen national or resident of or who is controlled by the government of Cuba Iran North Korea Sudan or Syria or any other country to which the United States has prohibited export transactions 2 you are not and are not acting on behalf of any person or entity listed on the U S Treasury Department list of Specially Designated Nationals and Blocked Persons or the U S Commerce Department Denied Persons List or Entity List and 3 you will not use the Software for and will not permit the Software to be used for any purposes prohibited by law including without 4 856 129589 256 A 7 6 7 1 7 8 limitation for any prohibited development design manufacture or production of missiles or nuclear chemical or biological weapons U S Government Restricted Rights The Software and Documentation are deemed to be commercial computer software and commercial computer software documentation respectively pursuant to DFAR Sect
Download Pdf Manuals
Related Search