安装包
1.VMware 14
https://dl-sh-ctc-2.pchome.net/08/b7/VMware-Workstation-Full-14.1.3-9474260.x86_64.bundle
2.VMware 15
https://www.vmware.com/cn/products/workstation-pro/workstation-pro-evaluation.html
3.VMware官网下载
https://www.vmware.com/cn.html
开始安装
安装包传入(不推荐)
通过远程连接工具将安装包传到服务器
weget下载(推荐)
代码语言：javascript复制[root@wyy ~]# wget https://download3.vmware.com/software/wkst/file/VMware-Workstation-Full-14.1.3-9474260.x86_64.bundle
--2019-01-06 17:39:10-- https://download3.vmware.com/software/wkst/file/VMware-Workstation-Full-14.1.3-9474260.x86_64.bundle
Resolving download3.vmware.com (download3.vmware.com)... 23.49.13.138, 2600:1417:76:19c::2ef, 2600:1417:76:1a0::2ef
Connecting to download3.vmware.com (download3.vmware.com)|23.49.13.138|:443... connected.
HTTP request sent, awaiting response... 200 OK
Length: 461108241 (440M) [application/x-octet-stream]安装
服务执行权限
代码语言：javascript复制[root@wyy ~]# ll
total 450336
-rw-r--r-- 1 mysql wheel 17919 Jul 16 2017 package.xml
drwxr-xr-x 5 root root 4096 Dec 29 11:06 soft
drwxr-xr-x 2 root root 4096 Dec 29 11:05 sql
-rw-r--r-- 1 root root 461108241 Jan 6 16:58 VMware-Workstation-Full-14.1.3-9474260.x86_64.bundle
[root@wyy ~]# chmod x VMware-Workstation-Full-14.1.3-9474260.x86_64.bundle
[root@wyy ~]# ll VMware-Workstation-Full-14.1.3-9474260.x86_64.bundle
-rwxr-xr-x 1 root root 461108241 Jan 6 16:58 VMware-Workstation-Full-14.1.3-9474260.x86_64.bundle执行安装
代码语言：javascript复制[root@wyy ~]# ./VMware-Workstation-Full-14.1.3-9474260.x86_64.bundle
Extracting VMware Installer...done.
You must accept the VMware Workstation End User License Agreement to
continue. Press Enter to proceed.
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 License Key.
Notwithstanding any other provision in this EULA, an Evaluation License of
the Software is provided "AS-IS" without indemnification, support or
warranty of any kind, expressed or implied.
1. DEFINITIONS.
1.1 "Affiliate" means, with respect to a party at a given time, an entity
that then is directly or indirectly controlled by, is under common control
with, or controls that party, and here "control" means an ownership, voting
or similar interest representing fifty percent (50%) or more of the total
interests then outstanding of that entity.
1.2 "Documentation" means that documentation that is generally
provided to You by VMware with the Software, as revised by VMware from
time to time, and which may include end user manuals, operation
instructions, installation guides, release notes, and on-line help files
regarding the use of the Software.
1.3 "Guest Operating Systems" means instances of third-party
operating systems licensed by You, installed in a Virtual Machine and run
using the Software.
1.4 "Intellectual Property Rights" means all worldwide intellectual
property rights, including without limitation, copyrights, trademarks, service
marks, trade secrets, know how, inventions, patents, patent applications,
moral rights and all other proprietary rights, whether registered or
unregistered.
1.5 "License" means a license granted under Section 2.1 (General
License Grant).
1.6 "License Key" means a serial number that enables You to
activate and use the Software.
1.7 "License Term" means the duration of a License as specified in the
Order.
1.8 "License Type" means the type of License applicable to the
Software, as more fully described in the Order.
1.9 "Open Source Software" or "OSS" means software components
embedded in the Software and provided under separate license terms,
which can be found either in the open_source_licenses.txt file (or similar
file) provided within the Software or at
www.vmware.com/download/open_source.html.
1.10 "Order" means a purchase order, enterprise license agreement, or
other ordering document issued by You to VMware or a VMware
authorized reseller that references and incorporates this EULA and is
accepted by VMware as set forth in Section 4 (Order).
1.11 "Product Guide" means the current version of the VMware Product
Guide at the time of Your Order, copies of which are found at
www.vmware.com/download/eula.
1.12 "Support Services Terms" means VMware's then-current support
policies, copies of which are posted at www.vmware.com/support/policies.
1.13 "Software" means the VMware Tools and the VMware computer
programs listed on VMware's commercial price list to which You acquire a
license under an Order, together with any software code relating to the
foregoing that is provided to You pursuant to a support and subscription
service contract and that is not subject to a separate license agreement.
1.14 "Territory" means the country or countries in which You have been
invoiced; provided, however, that if You have been invoiced within any of
the European Economic Area member states, You may deploy the
corresponding Software throughout the European Economic Area.
1.15 "Third Party Agent" means a third party delivering information
technology services to You pursuant to a written contract with You.
1.16 "Virtual Machine" means a software container that can run its own
operating system and execute applications like a physical machine.
1.17 "VMware" means VMware, Inc., a Delaware corporation, if You are
purchasing Licenses or services for use in the United States and VMware
International Limited, a company organized and existing under the laws of
Ireland, for all other purchases.
1.18 "VMware Tools" means the suite of utilities and drivers, Licensed
by VMware under the "VMware Tools" name, that can be installed in a
Guest Operating System to enhance the performance and functionality of
a Guest Operating System when running in a Virtual Machine.
2. LICENSE GRANT.
2.1 General License Grant. VMware grants to You a non-exclusive,
non-transferable (except as set forth in Section 12.1 (Transfers;
Assignment)) license to use the Software and the Documentation during
the period of the license and within the Territory, solely for Your internal
business operations, and subject to the provisions of the Product Guide.
Unless otherwise indicated in the Order, licenses granted to You will be
perpetual, will be for use of object code only, and will commence on either
delivery of the physical media or the date You are notified of availability for
electronic download.
2.2 Third Party Agents. Under the License granted to You in Section
2.1 (General License Grant) above, You may permit Your Third Party
Agents to access, use and/or operate the Software on Your behalf for the
sole purpose of delivering services to You, provided that You will be fully
responsible for Your Third Party Agents' compliance with terms and
conditions of this EULA and any breach of this EULA by a Third Party
Agent shall be deemed to be a breach by You.
2.3 Copying Permitted. You may copy the Software and
Documentation as necessary to install and run the quantity of copies
licensed, but otherwise for archival purposes only.
2.4 Benchmarking. You may use the Software to conduct internal
performance testing and benchmarking studies. You may only publish or
otherwise distribute the results of such studies to third parties as follows:
(a) if with respect to VMware's Workstation or Fusion products, only if You
provide a copy of Your study to benchmark@vmware.com prior to
distribution; (b) if with respect to any other Software, only if VMware has
reviewed and approved of the methodology, assumptions and other
parameters of the study (please contact VMware at
benchmark@vmware.com to request such review and approval) prior to
such publication and distribution.
2.5 VMware Tools. You may distribute the VMware Tools to third
parties solely when installed in a Guest Operating System within a Virtual
Machine. You are liable for compliance by those third parties with the
terms and conditions of this EULA.
2.6 Open Source Software. Notwithstanding anything herein to the
contrary, Open Source Software is licensed to You under such OSS's own
applicable license terms, 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
www.vmware.com/download/open_source.html. These OSS license terms
are consistent with the license granted in Section 2 (License Grant), and
may contain additional rights benefiting You. The OSS license terms shall
take precedence over this EULA to the extent that this EULA imposes
greater restrictions on You than the applicable OSS license terms. To the
extent the license for any Open Source Software requires VMware to
make available to You the corresponding source code and/or modifications
(the "Source Files"), You may obtain a copy of the applicable Source
Files from VMware's website at
www.vmware.com/download/open_source.html or by sending a written
request, with Your name and address to: VMware, Inc., 3401 Hillview
Avenue, Palo Alto, CA 94304, United States of America. All requests
should clearly specify: Open Source Files Request, Attention: General
Counsel. This offer to obtain a copy of the Source Files is valid for three
years from the date You acquired this Software.
3. RESTRICTIONS; OWNERSHIP.
3.1 License Restrictions. Without VMware's prior written consent,
You must not, and must not allow any third party to: (a) use Software in an
application services provider, service bureau, or similar capacity for third
parties, except that You may use the Software to deliver hosted services
to Your Affiliates; (b) disclose to any third party the results of any
benchmarking testing or comparative or competitive analyses of VMware's
Software done by or on behalf of You, except as specified in Section 2.4
(Benchmarking); (c) make available Software in any form to anyone other
than Your employees or contractors reasonably acceptable to VMware
and require access to use Software on behalf of You in a matter permitted
by this EULA, except as specified in Section 2.2 (Third Party Agents); (d)
transfer or sublicense Software or Documentation to an Affiliate or any
third party, except as expressly permitted in Section 12.1 (Transfers;
Assignment); (e) use Software in conflict with the terms and restrictions of
the Software's licensing model and other requirements specified in
Product Guide and/or VMware quote; (f) except to the extent permitted by
applicable mandatory law, modify, translate, enhance, or create derivative
works from the Software, or reverse engineer, decompile, or otherwise
attempt to derive source code from the Software, except as specified in
Section 3.2 (Decompilation); (g) remove any copyright or other proprietary
notices on or in any copies of Software; or (h) violate or circumvent any
technological restrictions within the Software or specified in this EULA,
such as via software or services.
3.2 Decompilation. Notwithstanding the foregoing, decompiling the
Software is permitted to the extent the laws of the Territory give You the
express right to do so to obtain information necessary to render the
Software interoperable with other software; provided, however, You must
first request such information from VMware, provide all reasonably
requested information to allow VMware to assess Your claim, and VMware
may, in its discretion, either provide such interoperability information to
You, impose reasonable conditions, including a reasonable fee, on such
use of the Software, or offer to provide alternatives to ensure that
VMware's proprietary rights in the Software are protected and to reduce
any adverse impact on VMware's proprietary rights.
3.3 Ownership. The Software and Documentation, all copies and
portions thereof, and all improvements, enhancements, modifications and
derivative works thereof, and all Intellectual Property Rights therein, are
and shall remain the sole and exclusive property of VMware and its
licensors. Your rights to use the Software and Documentation shall be
limited to those expressly granted in this EULA and any applicable Order.
No other rights with respect to the Software or any related Intellectual
Property Rights are implied. You are not authorized to use (and shall not
permit any third party to use) the Software, Documentation or any portion
thereof except as expressly authorized by this EULA or the applicable
Order. VMware reserves all rights not expressly granted to You. VMware
does not transfer any ownership rights in any Software.
3.4 Guest Operating Systems. Certain Software allows Guest
Operating Systems and application programs to run on a computer
system. You acknowledge that You are responsible for obtaining and
complying with any licenses necessary to operate any such third-party
software.
4. ORDER. Your Order is subject to this EULA. No Orders are
binding on VMware until accepted by VMware. Orders for Software are
deemed to be accepted upon VMware's delivery of the Software included
in such Order. Orders issued to VMware do not have to be signed to be
valid and enforceable.
5. RECORDS AND AUDIT. During the License Term for Software
and for two (2) years after its expiration or termination, You will maintain
accurate records of Your use of the Software sufficient to show
compliance with the terms of this EULA. During this period, VMware will
have the right to audit Your use of the Software to confirm compliance with
the terms of this EULA. That audit is subject to reasonable notice by
VMware and will not unreasonably interfere with Your business activities.
VMware may conduct no more than one (1) audit in any twelve (12) month
period, and only during normal business hours. You will reasonably
cooperate with VMware and any third party auditor and will, without
prejudice to other rights of VMware, address any non-compliance
identified by the audit by promptly paying additional fees. You will promptly
reimburse VMware for all reasonable costs of the audit if the audit reveals
either underpayment of more than five (5%) percent of the Software fees
payable by You for the period audited, or that You have materially failed to
maintain accurate records of Software use.
6. SUPPORT AND SUBSCRIPTION SERVICES. Except as
expressly specified in the Product Guide, 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 the Support Services Terms.
7. WARRANTIES.
7.1 Software Warranty, Duration and Remedy. VMware warrants to
You that the Software will, for a period of ninety (90) days following notice
of availability for electronic download or delivery ("Warranty Period"),
substantially conform to the applicable Documentation, provided that the
Software: (a) has been properly installed and used at all times in
accordance with the applicable Documentation; and (b) has not been
modified or added to by persons other than VMware or its authorized
representative. VMware will, at its own expense and as its sole obligation
and Your exclusive remedy for any breach of this warranty, either replace
that Software or correct any reproducible error in that Software reported to
VMware by You in writing during the Warranty Period. If VMware
determines that it is unable to correct the error or replace the Software,
VMware will refund to You the amount paid by You for that Software, in
which case the License for that Software will terminate.
7.2 Software Disclaimer of Warranty. OTHER THAN THE
WARRANTY ABOVE, AND TO THE MAXIMUM EXTENT PERMITTED BY
APPLICABLE LAW, VMWARE AND ITS SUPPLIERS MAKE NO OTHER
EXPRESS WARRANTIES UNDER THIS EULA, AND DISCLAIM ALL
IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A
PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT, AND ANY
WARRANTY ARISING BY STATUTE, OPERATION OF LAW, COURSE
OF DEALING OR PERFORMANCE, OR USAGE OF TRADE. VMWARE
AND ITS LICENSORS DO NOT WARRANT THAT THE SOFTWARE
WILL OPERATE UNINTERRUPTED OR THAT IT WILL BE FREE FROM
DEFECTS OR THAT IT WILL MEET YOUR REQUIREMENTS.
8. INTELLECTUAL PROPERTY INDEMNIFICATION.
8.1 Defense and Indemnification. Subject to the remainder of this
Section 8 (Intellectual Property Indemnification), VMware shall defend You
against any third party claim that the Software infringes any patent,
trademark or copyright of such third party, or misappropriates a trade
secret (but only to the extent that the misappropriation is not a result of
Your actions) under the laws of: (a) the United States and Canada; (b) the
European Economic Area; (c) Australia; (d) New Zealand; (e) Japan; or (f)
the People's Republic of China, to the extent that such countries are part
of the Territory for the License ("Infringement Claim") and indemnify You
from the resulting costs and damages finally awarded against You to such
third party by a court of competent jurisdiction or agreed to in settlement.
The foregoing obligations are applicable only if You: (i) promptly notify
VMware in writing of the Infringement Claim; (ii) allow VMware sole control
over the defense for the claim and any settlement negotiations; and (iii)
reasonably cooperate in response to VMware requests for assistance.
You may not settle or compromise any Infringement Claim without the
prior written consent of VMware.
8.2 Remedies. If the alleged infringing Software become, or in
VMware's opinion be likely to become, the subject of an Infringement
Claim, VMware will, at VMware's option and expense, do one of the
following: (a) procure the rights necessary for You to make continued use
of the affected Software; (b) replace or modify the affected Software to
make it non-infringing; or (c) terminate the License to the affected
Software and discontinue the related support services, and, upon Your
certified deletion of the affected Software, refund: (i) the fees paid by You
for the License to the affected Software, less straight-line depreciation
over a three (3) year useful life beginning on the date such Software was
delivered; and (ii) any pre-paid service fee attributable to related support
services to be delivered after the date such service is stopped. Nothing in
this Section 8.2 (Remedies) shall limit VMware's obligation under Section
8.1 (Defense and Indemnification) to defend and indemnify You, provided
that You replace the allegedly infringing Software upon VMware's making
alternate Software available to You and/or You discontinue using the
allegedly infringing Software upon receiving VMware's notice terminating
the affected License.
8.3 Exclusions. Notwithstanding the foregoing, VMware will have no
obligation under this Section 8 (Intellectual Property Indemnification) or
otherwise with respect to any claim based on: (a) a combination of
Software with non-VMware products (other than non-VMware products
that are listed on the Order and used in an unmodified form); (b) use for a
purpose or in a manner for which the Software was not designed; (c) use
of any older version of the Software when use of a newer VMware version
would have avoided the infringement; (d) any modification to the Software
made without VMware's express written approval; (e) any claim that
relates to open source software or freeware technology or any derivatives
or other adaptations thereof that is not embedded by VMware into
Software listed on VMware's commercial price list; or (f) any Software
provided on a no charge, beta or evaluation basis. THIS SECTION 8
(INTELLECTUAL PROPERTY INDEMNIFICATION) STATES YOUR
SOLE AND EXCLUSIVE REMEDY AND VMWARE'S ENTIRE LIABILITY
FOR ANY INFRINGEMENT CLAIMS OR ACTIONS.
9. LIMITATION OF LIABILITY.
9.1 Limitation of Liability. TO THE MAXIMUM EXTENT MANDATED
BY LAW, IN NO EVENT WILL VMWARE AND ITS LICENSORS BE
LIABLE FOR ANY LOST PROFITS OR BUSINESS OPPORTUNITIES,
LOSS OF USE, LOSS OF REVENUE, LOSS OF GOODWILL, BUSINESS
INTERRUPTION, LOSS OF DATA, OR ANY 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, REGARDLESS OF WHETHER THE CLAIM IS
BASED IN CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE,
EXCEED THE GREATER OF THE LICENSE FEES YOU PAID FOR THE
SOFTWARE GIVING RISE TO THE CLAIM OR $5000. 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.
9.2 Further Limitations. VMware's licensors shall have no liability of
any kind under this EULA and VMware's liability with respect to any third
party software embedded in the Software shall be subject to Section 9.1
(Limitation of Liability). You may not bring a claim under this EULA more
than eighteen (18) months after the cause of action arises.
10. TERMINATION.
10.1 EULA Term. The term of this EULA begins on the notice of
availability for electronic download or delivery of the Software and
continues until this EULA is terminated in accordance with this Section 10.
10.2 Termination for Breach. VMware may terminate this EULA
effective immediately upon written notice to You if: (a) You fail to pay any
portion of the fees under an applicable Order within ten (10) days after
receiving written notice from VMware that payment is past due; or (b) You
breach any other provision of this EULA and fail to cure within thirty (30)
days after receipt of VMware's written notice thereof.
10.3 Termination for Insolvency. VMware may terminate this EULA
effective immediately upon written notice to You if You: (a) terminate or
suspend your business; (b) become insolvent, admit in writing Your
inability to pay Your debts as they mature, make an assignment for the
benefit of creditors; or become subject to control of a trustee, receiver or
similar authority; or (c) become subject to any bankruptcy or insolvency
proceeding.
10.4 Effect of Termination. Upon VMware's termination of this EULA:
(a) all Licensed rights to all Software granted to You under this EULA will
immediately cease; and (b) You must cease all use of all Software, and
return or certify destruction of all Software and License Keys (including
copies) to VMware, and return, or if requested by VMware, destroy, any
related VMware Confidential Information in Your possession or control and
certify in writing to VMware that You have fully complied with these
requirements. Any provision will survive any termination or expiration if by
its nature and context it is intended to survive, including Sections 1
(Definitions), 2.6 (Open Source Software), 3 (Restrictions; Ownership), 5
(Records and Audit), 7.2 (Software Disclaimer of Warranty), 9 (Limitation
of Liability), 10 (Termination), 11 (Confidential Information) and 12
(General).
11. CONFIDENTIAL INFORMATION.
11.1 Definition. "Confidential Information" means information or
materials provided by one party ("Discloser") to the other party
("Recipient") which are in tangible form and labelled "confidential" or the
like, or, information which a reasonable person knew or should have
known to be confidential. The following information shall be considered
Confidential Information whether or not marked or identified as such: (a)
License Keys; (b) information regarding VMware's pricing, product
roadmaps or strategic marketing plans; and (c) non-public materials
relating to the Software.
11.2 Protection. Recipient may use Confidential Information of
Discloser; (a) to exercise its rights and perform its obligations under this
EULA; or (b) in connection with the parties' ongoing business relationship.
Recipient will not use any Confidential Information of Discloser for any
purpose not expressly permitted by this EULA, and will disclose the
Confidential Information of Discloser only to the employees or contractors
of Recipient who have a need to know such Confidential Information for
purposes of this EULA and who are under a duty of confidentiality no less
restrictive than Recipient's duty hereunder. Recipient will protect
Confidential Information from unauthorized use, access, or disclosure in
the same manner as Recipient protects its own confidential or proprietary
information of a similar nature but with no less than reasonable care.
11.3 Exceptions. Recipient's obligations under Section 11.2 (Protection)
with respect to any Confidential Information will terminate if Recipient can
show by written records that such information: (a) was already known to
Recipient at the time of disclosure by Discloser; (b) was disclosed to
Recipient by a third party who had the right to make such disclosure
without any confidentiality restrictions; (c) is, or through no fault of
Recipient has become, generally available to the public; or (d) was
independently developed by Recipient without access to, or use of,
Discloser's Information. In addition, Recipient will be allowed to disclose
Confidential Information to the extent that such disclosure is required by
law or by the order of a court of similar judicial or administrative body,
provided that Recipient notifies Discloser of such required disclosure
promptly and in writing and cooperates with Discloser, at Discloser's
request and expense, in any lawful action to contest or limit the scope of
such required disclosure.
11.4 Data Privacy. You agree that VMware may process technical and
related information about Your use of the Software which may include
internet protocol address, hardware identification, operating system,
application software, peripheral hardware, and non-personally identifiable
Software usage statistics to facilitate the provisioning of updates, support,
invoicing or online services and may transfer such information to other
companies in the VMware worldwide group of companies from time to
time. To the extent that this information constitutes personal data, VMware
shall be the controller of such personal data. To the extent that it acts as a
controller, each party shall comply at all times with its obligations under
applicable data protection legislation.
12. GENERAL.
12.1 Transfers; Assignment. Except to the extent transfer may not
legally be restricted or as permitted by VMware's transfer and assignment
policies, in all cases following the process set forth at
www.vmware.com/support/policies/licensingpolicies.html, You will not
assign this EULA, any Order, or any right or obligation herein or delegate
any performance without VMware's prior written consent, which consent
will not be unreasonably withheld. Any other attempted assignment or
transfer by You will be void. VMware may use its Affiliates or other
sufficiently qualified subcontractors to provide services to You, provided
that VMware remains responsible to You for the performance of the
services.
12.2 Notices. Any notice delivered by VMware to You under this EULA
will be delivered via mail, email or fax.
12.3 Waiver. Failure to enforce a provision of this EULA will not
constitute a waiver.
12.4 Severability. If any part of this EULA is held unenforceable, the
validity of all remaining parts will not be affected.
12.5 Compliance with Laws; Export Control; Government
Regulations. Each party shall comply with all laws applicable to the
actions contemplated by this EULA. You acknowledge that the Software is
of United States origin, is provided subject to the U.S. Export
Administration Regulations, may be subject to the export control laws of
the applicable territory, and that diversion contrary to applicable export
control laws is prohibited. You represent that (1) you are not, and are not
acting on behalf of, (a) any person who is a citizen, national, or resident of,
or who is controlled by the government of any country to which the United
States has prohibited export transactions; or (b) 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 (2) you will not permit the Software to be used for,
any purposes prohibited by law, including, any prohibited development,
design, manufacture or production of missiles or nuclear, chemical or
biological weapons. The Software and accompanying documentation are
deemed to be "commercial computer software" and "commercial computer
software documentation", respectively, pursuant to DFARS Section
227.7202 and FAR Section 12.212(b), as applicable. Any use,
modification, reproduction, release, performing, displaying or disclosing of
the Software and documentation by or for the U.S. Government shall be
governed solely by the terms and conditions of this EULA.
12.6 Construction. The headings of sections of this EULA are for
convenience and are not to be used in interpreting this EULA. As used in
this EULA, the word 'including' means "including but not limited to".
12.7 Governing Law. This EULA is governed by the laws of the State of
California, United States of America (excluding its conflict of law rules),
and the federal laws of the United States. To the extent permitted by law,
the state and federal courts located in Santa Clara County, California will
be the exclusive jurisdiction for disputes arising out of or in connection with
this EULA. The U.N. Convention on Contracts for the International Sale of
Goods does not apply.
12.8 Third Party Rights. Other than as expressly set out in this EULA,
this EULA does not create any rights for any person who is not a party to
it, and no person who is not a party to this EULA may enforce any of its
terms or rely on any exclusion or limitation contained in it.
12.9 Order of Precedence. In the event of conflict or inconsistency
among the Product Guide, this EULA and the Order, the following order of
precedence shall apply: (a) the Product Guide, (b) this EULA and (c) the
Order. With respect to any inconsistency between this EULA and an
Order, the terms of this EULA shall supersede and control over any
conflicting or additional terms and conditions of any Order,
acknowledgement or confirmation or other document issued by You.
12.10 Entire Agreement. This EULA, including accepted Orders and any
amendments hereto, and the Product Guide contain the entire agreement
of the parties with respect to the subject matter of this EULA and
supersede all previous or contemporaneous communications,
representations, proposals, commitments, understandings and
agreements, whether written or oral, between the parties regarding the
subject matter hereof. This EULA may be amended only in writing signed
by authorized representatives of both parties.
12.11 Contact Information. Please direct legal notices or other
correspondence to VMware, Inc., 3401 Hillview Avenue, Palo Alto,
California 94304, United States of America, Attention: Legal Department.
Do you agree? [yes/no]:
The EULA must be accepted by typing either y or yes
You must accept the VMware Workstation End User License Agreement to
continue. Press Enter to proceed.
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 License Key.
Notwithstanding any other provision in this EULA, an Evaluation License of
the Software is provided "AS-IS" without indemnification, support or
warranty of any kind, expressed or implied.
1. DEFINITIONS.
1.1 "Affiliate" means, with respect to a party at a given time, an entity
that then is directly or indirectly controlled by, is under common control
with, or controls that party, and here "control" means an ownership, voting
or similar interest representing fifty percent (50%) or more of the total
interests then outstanding of that entity.
1.2 "Documentation" means that documentation that is generally
provided to You by VMware with the Software, as revised by VMware from
time to time, and which may include end user manuals, operation
instructions, installation guides, release notes, and on-line help files
regarding the use of the Software.
1.3 "Guest Operating Systems" means instances of third-party
operating systems licensed by You, installed in a Virtual Machine and run
using the Software.
1.4 "Intellectual Property Rights" means all worldwide intellectual
property rights, including without limitation, copyrights, trademarks, service
marks, trade secrets, know how, inventions, patents, patent applications,
moral rights and all other proprietary rights, whether registered or
unregistered.
1.5 "License" means a license granted under Section 2.1 (General
License Grant).
1.6 "License Key" means a serial number that enables You to
activate and use the Software.
1.7 "License Term" means the duration of a License as specified in the
Order.
1.8 "License Type" means the type of License applicable to the
Software, as more fully described in the Order.
1.9 "Open Source Software" or "OSS" means software components
embedded in the Software and provided under separate license terms,
which can be found either in the open_source_licenses.txt file (or similar
file) provided within the Software or at
www.vmware.com/download/open_source.html.
1.10 "Order" means a purchase order, enterprise license agreement, or
other ordering document issued by You to VMware or a VMware
authorized reseller that references and incorporates this EULA and is
accepted by VMware as set forth in Section 4 (Order).
1.11 "Product Guide" means the current version of the VMware Product
Guide at the time of Your Order, copies of which are found at
www.vmware.com/download/eula.
1.12 "Support Services Terms" means VMware's then-current support
policies, copies of which are posted at www.vmware.com/support/policies.
1.13 "Software" means the VMware Tools and the VMware computer
programs listed on VMware's commercial price list to which You acquire a
license under an Order, together with any software code relating to the
foregoing that is provided to You pursuant to a support and subscription
service contract and that is not subject to a separate license agreement.
1.14 "Territory" means the country or countries in which You have been
invoiced; provided, however, that if You have been invoiced within any of
the European Economic Area member states, You may deploy the
corresponding Software throughout the European Economic Area.
1.15 "Third Party Agent" means a third party delivering information
technology services to You pursuant to a written contract with You.
1.16 "Virtual Machine" means a software container that can run its own
operating system and execute applications like a physical machine.
1.17 "VMware" means VMware, Inc., a Delaware corporation, if You are
purchasing Licenses or services for use in the United States and VMware
International Limited, a company organized and existing under the laws of
Ireland, for all other purchases.
1.18 "VMware Tools" means the suite of utilities and drivers, Licensed
by VMware under the "VMware Tools" name, that can be installed in a
Guest Operating System to enhance the performance and functionality of
a Guest Operating System when running in a Virtual Machine.
2. LICENSE GRANT.
2.1 General License Grant. VMware grants to You a non-exclusive,
non-transferable (except as set forth in Section 12.1 (Transfers;
Assignment)) license to use the Software and the Documentation during
the period of the license and within the Territory, solely for Your internal
business operations, and subject to the provisions of the Product Guide.
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perpetual, will be for use of object code only, and will commence on either
delivery of the physical media or the date You are notified of availability for
electronic download.
2.2 Third Party Agents. Under the License granted to You in Section
2.1 (General License Grant) above, You may permit Your Third Party
Agents to access, use and/or operate the Software on Your behalf for the
sole purpose of delivering services to You, provided that You will be fully
responsible for Your Third Party Agents' compliance with terms and
conditions of this EULA and any breach of this EULA by a Third Party
Agent shall be deemed to be a breach by You.
2.3 Copying Permitted. You may copy the Software and
Documentation as necessary to install and run the quantity of copies
licensed, but otherwise for archival purposes only.
2.4 Benchmarking. You may use the Software to conduct internal
performance testing and benchmarking studies. You may only publish or
otherwise distribute the results of such studies to third parties as follows:
(a) if with respect to VMware's Workstation or Fusion products, only if You
provide a copy of Your study to benchmark@vmware.com prior to
distribution; (b) if with respect to any other Software, only if VMware has
reviewed and approved of the methodology, assumptions and other
parameters of the study (please contact VMware at
benchmark@vmware.com to request such review and approval) prior to
such publication and distribution.
2.5 VMware Tools. You may distribute the VMware Tools to third
parties solely when installed in a Guest Operating System within a Virtual
Machine. You are liable for compliance by those third parties with the
terms and conditions of this EULA.
2.6 Open Source Software. Notwithstanding anything herein to the
contrary, Open Source Software is licensed to You under such OSS's own
applicable license terms, 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
www.vmware.com/download/open_source.html. These OSS license terms
are consistent with the license granted in Section 2 (License Grant), and
may contain additional rights benefiting You. The OSS license terms shall
take precedence over this EULA to the extent that this EULA imposes
greater restrictions on You than the applicable OSS license terms. To the
extent the license for any Open Source Software requires VMware to
make available to You the corresponding source code and/or modifications
(the "Source Files"), You may obtain a copy of the applicable Source
Files from VMware's website at
www.vmware.com/download/open_source.html or by sending a written
request, with Your name and address to: VMware, Inc., 3401 Hillview
Avenue, Palo Alto, CA 94304, United States of America. All requests
should clearly specify: Open Source Files Request, Attention: General
Counsel. This offer to obtain a copy of the Source Files is valid for three
years from the date You acquired this Software.
3. RESTRICTIONS; OWNERSHIP.
3.1 License Restrictions. Without VMware's prior written consent,
You must not, and must not allow any third party to: (a) use Software in an
application services provider, service bureau, or similar capacity for third
parties, except that You may use the Software to deliver hosted services
to Your Affiliates; (b) disclose to any third party the results of any
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Software done by or on behalf of You, except as specified in Section 2.4
(Benchmarking); (c) make available Software in any form to anyone other
than Your employees or contractors reasonably acceptable to VMware
and require access to use Software on behalf of You in a matter permitted
by this EULA, except as specified in Section 2.2 (Third Party Agents); (d)
transfer or sublicense Software or Documentation to an Affiliate or any
third party, except as expressly permitted in Section 12.1 (Transfers;
Assignment); (e) use Software in conflict with the terms and restrictions of
the Software's licensing model and other requirements specified in
Product Guide and/or VMware quote; (f) except to the extent permitted by
applicable mandatory law, modify, translate, enhance, or create derivative
works from the Software, or reverse engineer, decompile, or otherwise
attempt to derive source code from the Software, except as specified in
Section 3.2 (Decompilation); (g) remove any copyright or other proprietary
notices on or in any copies of Software; or (h) violate or circumvent any
technological restrictions within the Software or specified in this EULA,
such as via software or services.
3.2 Decompilation. Notwithstanding the foregoing, decompiling the
Software is permitted to the extent the laws of the Territory give You the
express right to do so to obtain information necessary to render the
Software interoperable with other software; provided, however, You must
first request such information from VMware, provide all reasonably
requested information to allow VMware to assess Your claim, and VMware
may, in its discretion, either provide such interoperability information to
You, impose reasonable conditions, including a reasonable fee, on such
use of the Software, or offer to provide alternatives to ensure that
VMware's proprietary rights in the Software are protected and to reduce
any adverse impact on VMware's proprietary rights.
3.3 Ownership. The Software and Documentation, all copies and
portions thereof, and all improvements, enhancements, modifications and
derivative works thereof, and all Intellectual Property Rights therein, are
and shall remain the sole and exclusive property of VMware and its
licensors. Your rights to use the Software and Documentation shall be
limited to those expressly granted in this EULA and any applicable Order.
No other rights with respect to the Software or any related Intellectual
Property Rights are implied. You are not authorized to use (and shall not
permit any third party to use) the Software, Documentation or any portion
thereof except as expressly authorized by this EULA or the applicable
Order. VMware reserves all rights not expressly granted to You. VMware
does not transfer any ownership rights in any Software.
3.4 Guest Operating Systems. Certain Software allows Guest
Operating Systems and application programs to run on a computer
system. You acknowledge that You are responsible for obtaining and
complying with any licenses necessary to operate any such third-party
software.
4. ORDER. Your Order is subject to this EULA. No Orders are
binding on VMware until accepted by VMware. Orders for Software are
deemed to be accepted upon VMware's delivery of the Software included
in such Order. Orders issued to VMware do not have to be signed to be
valid and enforceable.
5. RECORDS AND AUDIT. During the License Term for Software
and for two (2) years after its expiration or termination, You will maintain
accurate records of Your use of the Software sufficient to show
compliance with the terms of this EULA. During this period, VMware will
have the right to audit Your use of the Software to confirm compliance with
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VMware and will not unreasonably interfere with Your business activities.
VMware may conduct no more than one (1) audit in any twelve (12) month
period, and only during normal business hours. You will reasonably
cooperate with VMware and any third party auditor and will, without
prejudice to other rights of VMware, address any non-compliance
identified by the audit by promptly paying additional fees. You will promptly
reimburse VMware for all reasonable costs of the audit if the audit reveals
either underpayment of more than five (5%) percent of the Software fees
payable by You for the period audited, or that You have materially failed to
maintain accurate records of Software use.
6. SUPPORT AND SUBSCRIPTION SERVICES. Except as
expressly specified in the Product Guide, 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 the Support Services Terms.
7. WARRANTIES.
7.1 Software Warranty, Duration and Remedy. VMware warrants to
You that the Software will, for a period of ninety (90) days following notice
of availability for electronic download or delivery ("Warranty Period"),
substantially conform to the applicable Documentation, provided that the
Software: (a) has been properly installed and used at all times in
accordance with the applicable Documentation; and (b) has not been
modified or added to by persons other than VMware or its authorized
representative. VMware will, at its own expense and as its sole obligation
and Your exclusive remedy for any breach of this warranty, either replace
that Software or correct any reproducible error in that Software reported to
VMware by You in writing during the Warranty Period. If VMware
determines that it is unable to correct the error or replace the Software,
VMware will refund to You the amount paid by You for that Software, in
which case the License for that Software will terminate.
7.2 Software Disclaimer of Warranty. OTHER THAN THE
WARRANTY ABOVE, AND TO THE MAXIMUM EXTENT PERMITTED BY
APPLICABLE LAW, VMWARE AND ITS SUPPLIERS MAKE NO OTHER
EXPRESS WARRANTIES UNDER THIS EULA, AND DISCLAIM ALL
IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A
PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT, AND ANY
WARRANTY ARISING BY STATUTE, OPERATION OF LAW, COURSE
OF DEALING OR PERFORMANCE, OR USAGE OF TRADE. VMWARE
AND ITS LICENSORS DO NOT WARRANT THAT THE SOFTWARE
WILL OPERATE UNINTERRUPTED OR THAT IT WILL BE FREE FROM
DEFECTS OR THAT IT WILL MEET YOUR REQUIREMENTS.
8. INTELLECTUAL PROPERTY INDEMNIFICATION.
8.1 Defense and Indemnification. Subject to the remainder of this
Section 8 (Intellectual Property Indemnification), VMware shall defend You
against any third party claim that the Software infringes any patent,
trademark or copyright of such third party, or misappropriates a trade
secret (but only to the extent that the misappropriation is not a result of
Your actions) under the laws of: (a) the United States and Canada; (b) the
European Economic Area; (c) Australia; (d) New Zealand; (e) Japan; or (f)
the People's Republic of China, to the extent that such countries are part
of the Territory for the License ("Infringement Claim") and indemnify You
from the resulting costs and damages finally awarded against You to such
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The foregoing obligations are applicable only if You: (i) promptly notify
VMware in writing of the Infringement Claim; (ii) allow VMware sole control
over the defense for the claim and any settlement negotiations; and (iii)
reasonably cooperate in response to VMware requests for assistance.
You may not settle or compromise any Infringement Claim without the
prior written consent of VMware.
8.2 Remedies. If the alleged infringing Software become, or in
VMware's opinion be likely to become, the subject of an Infringement
Claim, VMware will, at VMware's option and expense, do one of the
following: (a) procure the rights necessary for You to make continued use
of the affected Software; (b) replace or modify the affected Software to
make it non-infringing; or (c) terminate the License to the affected
Software and discontinue the related support services, and, upon Your
certified deletion of the affected Software, refund: (i) the fees paid by You
for the License to the affected Software, less straight-line depreciation
over a three (3) year useful life beginning on the date such Software was
delivered; and (ii) any pre-paid service fee attributable to related support
services to be delivered after the date such service is stopped. Nothing in
this Section 8.2 (Remedies) shall limit VMware's obligation under Section
8.1 (Defense and Indemnification) to defend and indemnify You, provided
that You replace the allegedly infringing Software upon VMware's making
alternate Software available to You and/or You discontinue using the
allegedly infringing Software upon receiving VMware's notice terminating
the affected License.
8.3 Exclusions. Notwithstanding the foregoing, VMware will have no
obligation under this Section 8 (Intellectual Property Indemnification) or
otherwise with respect to any claim based on: (a) a combination of
Software with non-VMware products (other than non-VMware products
that are listed on the Order and used in an unmodified form); (b) use for a
purpose or in a manner for which the Software was not designed; (c) use
of any older version of the Software when use of a newer VMware version
would have avoided the infringement; (d) any modification to the Software
made without VMware's express written approval; (e) any claim that
relates to open source software or freeware technology or any derivatives
or other adaptations thereof that is not embedded by VMware into
Software listed on VMware's commercial price list; or (f) any Software
provided on a no charge, beta or evaluation basis. THIS SECTION 8
(INTELLECTUAL PROPERTY INDEMNIFICATION) STATES YOUR
SOLE AND EXCLUSIVE REMEDY AND VMWARE'S ENTIRE LIABILITY
FOR ANY INFRINGEMENT CLAIMS OR ACTIONS.
9. LIMITATION OF LIABILITY.
9.1 Limitation of Liability. TO THE MAXIMUM EXTENT MANDATED
BY LAW, IN NO EVENT WILL VMWARE AND ITS LICENSORS BE
LIABLE FOR ANY LOST PROFITS OR BUSINESS OPPORTUNITIES,
LOSS OF USE, LOSS OF REVENUE, LOSS OF GOODWILL, BUSINESS
INTERRUPTION, LOSS OF DATA, OR ANY 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, REGARDLESS OF WHETHER THE CLAIM IS
BASED IN CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE,
EXCEED THE GREATER OF THE LICENSE FEES YOU PAID FOR THE
SOFTWARE GIVING RISE TO THE CLAIM OR $5000. THE
FOREGOING LIMITATIONS SHALL APPLY REGARDLESS OF
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THE POSSIBILITY OF SUCH DAMAGES AND REGARDLESS OF
WHETHER ANY REMEDY FAILS OF ITS ESSENTIAL PURPOSE.
9.2 Further Limitations. VMware's licensors shall have no liability of
any kind under this EULA and VMware's liability with respect to any third
party software embedded in the Software shall be subject to Section 9.1
(Limitation of Liability). You may not bring a claim under this EULA more
than eighteen (18) months after the cause of action arises.
10. TERMINATION.
10.1 EULA Term. The term of this EULA begins on the notice of
availability for electronic download or delivery of the Software and
continues until this EULA is terminated in accordance with this Section 10.
10.2 Termination for Breach. VMware may terminate this EULA
effective immediately upon written notice to You if: (a) You fail to pay any
portion of the fees under an applicable Order within ten (10) days after
receiving written notice from VMware that payment is past due; or (b) You
breach any other provision of this EULA and fail to cure within thirty (30)
days after receipt of VMware's written notice thereof.
10.3 Termination for Insolvency. VMware may terminate this EULA
effective immediately upon written notice to You if You: (a) terminate or
suspend your business; (b) become insolvent, admit in writing Your
inability to pay Your debts as they mature, make an assignment for the
benefit of creditors; or become subject to control of a trustee, receiver or
similar authority; or (c) become subject to any bankruptcy or insolvency
proceeding.
10.4 Effect of Termination. Upon VMware's termination of this EULA:
(a) all Licensed rights to all Software granted to You under this EULA will
immediately cease; and (b) You must cease all use of all Software, and
return or certify destruction of all Software and License Keys (including
copies) to VMware, and return, or if requested by VMware, destroy, any
related VMware Confidential Information in Your possession or control and
certify in writing to VMware that You have fully complied with these
requirements. Any provision will survive any termination or expiration if by
its nature and context it is intended to survive, including Sections 1
(Definitions), 2.6 (Open Source Software), 3 (Restrictions; Ownership), 5
(Records and Audit), 7.2 (Software Disclaimer of Warranty), 9 (Limitation
of Liability), 10 (Termination), 11 (Confidential Information) and 12
(General).
11. CONFIDENTIAL INFORMATION.
11.1 Definition. "Confidential Information" means information or
materials provided by one party ("Discloser") to the other party
("Recipient") which are in tangible form and labelled "confidential" or the
like, or, information which a reasonable person knew or should have
known to be confidential. The following information shall be considered
Confidential Information whether or not marked or identified as such: (a)
License Keys; (b) information regarding VMware's pricing, product
roadmaps or strategic marketing plans; and (c) non-public materials
relating to the Software.
11.2 Protection. Recipient may use Confidential Information of
Discloser; (a) to exercise its rights and perform its obligations under this
EULA; or (b) in connection with the parties' ongoing business relationship.
Recipient will not use any Confidential Information of Discloser for any
purpose not expressly permitted by this EULA, and will disclose the
Confidential Information of Discloser only to the employees or contractors
of Recipient who have a need to know such Confidential Information for
purposes of this EULA and who are under a duty of confidentiality no less
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Confidential Information from unauthorized use, access, or disclosure in
the same manner as Recipient protects its own confidential or proprietary
information of a similar nature but with no less than reasonable care.
11.3 Exceptions. Recipient's obligations under Section 11.2 (Protection)
with respect to any Confidential Information will terminate if Recipient can
show by written records that such information: (a) was already known to
Recipient at the time of disclosure by Discloser; (b) was disclosed to
Recipient by a third party who had the right to make such disclosure
without any confidentiality restrictions; (c) is, or through no fault of
Recipient has become, generally available to the public; or (d) was
independently developed by Recipient without access to, or use of,
Discloser's Information. In addition, Recipient will be allowed to disclose
Confidential Information to the extent that such disclosure is required by
law or by the order of a court of similar judicial or administrative body,
provided that Recipient notifies Discloser of such required disclosure
promptly and in writing and cooperates with Discloser, at Discloser's
request and expense, in any lawful action to contest or limit the scope of
such required disclosure.
11.4 Data Privacy. You agree that VMware may process technical and
related information about Your use of the Software which may include
internet protocol address, hardware identification, operating system,
application software, peripheral hardware, and non-personally identifiable
Software usage statistics to facilitate the provisioning of updates, support,
invoicing or online services and may transfer such information to other
companies in the VMware worldwide group of companies from time to
time. To the extent that this information constitutes personal data, VMware
shall be the controller of such personal data. To the extent that it acts as a
controller, each party shall comply at all times with its obligations under
applicable data protection legislation.
12. GENERAL.
12.1 Transfers; Assignment. Except to the extent transfer may not
legally be restricted or as permitted by VMware's transfer and assignment
policies, in all cases following the process set forth at
www.vmware.com/support/policies/licensingpolicies.html, You will not
assign this EULA, any Order, or any right or obligation herein or delegate
any performance without VMware's prior written consent, which consent
will not be unreasonably withheld. Any other attempted assignment or
transfer by You will be void. VMware may use its Affiliates or other
sufficiently qualified subcontractors to provide services to You, provided
that VMware remains responsible to You for the performance of the
services.
12.2 Notices. Any notice delivered by VMware to You under this EULA
will be delivered via mail, email or fax.
12.3 Waiver. Failure to enforce a provision of this EULA will not
constitute a waiver.
12.4 Severability. If any part of this EULA is held unenforceable, the
validity of all remaining parts will not be affected.
12.5 Compliance with Laws; Export Control; Government
Regulations. Each party shall comply with all laws applicable to the
actions contemplated by this EULA. You acknowledge that the Software is
of United States origin, is provided subject to the U.S. Export
Administration Regulations, may be subject to the export control laws of
the applicable territory, and that diversion contrary to applicable export
control laws is prohibited. You represent that (1) you are not, and are not
acting on behalf of, (a) any person who is a citizen, national, or resident of,
or who is controlled by the government of any country to which the United
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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 (2) you will not permit the Software to be used for,
any purposes prohibited by law, including, any prohibited development,
design, manufacture or production of missiles or nuclear, chemical or
biological weapons. The Software and accompanying documentation are
deemed to be "commercial computer software" and "commercial computer
software documentation", respectively, pursuant to DFARS Section
227.7202 and FAR Section 12.212(b), as applicable. Any use,
modification, reproduction, release, performing, displaying or disclosing of
the Software and documentation by or for the U.S. Government shall be
governed solely by the terms and conditions of this EULA.
12.6 Construction. The headings of sections of this EULA are for
convenience and are not to be used in interpreting this EULA. As used in
this EULA, the word 'including' means "including but not limited to".
12.7 Governing Law. This EULA is governed by the laws of the State of
California, United States of America (excluding its conflict of law rules),
and the federal laws of the United States. To the extent permitted by law,
the state and federal courts located in Santa Clara County, California will
be the exclusive jurisdiction for disputes arising out of or in connection with
this EULA. The U.N. Convention on Contracts for the International Sale of
Goods does not apply.
12.8 Third Party Rights. Other than as expressly set out in this EULA,
this EULA does not create any rights for any person who is not a party to
it, and no person who is not a party to this EULA may enforce any of its
terms or rely on any exclusion or limitation contained in it.
12.9 Order of Precedence. In the event of conflict or inconsistency
among the Product Guide, this EULA and the Order, the following order of
precedence shall apply: (a) the Product Guide, (b) this EULA and (c) the
Order. With respect to any inconsistency between this EULA and an
Order, the terms of this EULA shall supersede and control over any
conflicting or additional terms and conditions of any Order,
acknowledgement or confirmation or other document issued by You.
12.10 Entire Agreement. This EULA, including accepted Orders and any
amendments hereto, and the Product Guide contain the entire agreement
of the parties with respect to the subject matter of this EULA and
supersede all previous or contemporaneous communications,
representations, proposals, commitments, understandings and
agreements, whether written or oral, between the parties regarding the
subject matter hereof. This EULA may be amended only in writing signed
by authorized representatives of both parties.
12.11 Contact Information. Please direct legal notices or other
correspondence to VMware, Inc., 3401 Hillview Avenue, Palo Alto,
California 94304, United States of America, Attention: Legal Department.
Do you agree? [yes/no]: yes
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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 License Key. Notwithstanding any other provision
in this EULA, an Evaluation License of the Software is provided "AS-IS" without
indemnification, support or warranty of any kind, expressed or implied.
1. DEFINITIONS.
1.1 "Affiliate" means, with respect to a party, an entity that is directly or
indirectly controlled by or is under common control with such party, where
"control" means an ownership, voting or similar interest representing fifty
percent (50%) or more of the total interests then outstanding of the relevant
entity (but only as long as such person or entity meets these requirements).
1.2 "Documentation" means that documentation that is generally provided to
You by VMware with the Software, as revised by VMware from time to time, and
which may include end user manuals, operation instructions, installation
guides, release notes, and on-line help files regarding the use of the
Software.
1.3 "Guest Operating Systems" means instances of third-party operating
systems licensed by You, installed in a Virtual Machine and run using the
Software.
1.4 "Intellectual Property Rights" means all worldwide intellectual
property rights, including without limitation, copyrights, trademarks, service
marks, trade secrets, know how, inventions, patents, patent applications, moral
rights and all other proprietary rights, whether registered or unregistered.
1.5 "License" means a license granted under Section 2.1.
1.6 "License Key" means a serial number that enables You to activate and
use the Software.
1.7 "License Term" means the duration of a License as specified in the
Order.
1.8 "License Type" means the type of License applicable to the Software, as
more fully described in the Order.
1.9 "Open Source Software" or "OSS" means software components that are licensed
under a license approved by the Open Source Initiative ("OSI") or similar open
source or freeware license and are embedded in the delivered Software.
1.10 "Order" means a purchase order, enterprise license agreement, or other
ordering document issued by You to VMware or a VMware authorized reseller that
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Section 4.
1.11 "Product Guide" means the current version of the VMware Product Guide at
the time of Your Order, copies of which are found at
www.vmware.com/download/eula.
1.12 "Services Terms" means VMware's then-current Support and Subscription
Contract Terms and Conditions, copies of which are found at
www.vmware.com/files/pdf/support/support_terms_conditions.pdf.
1.13 "Software" means the VMware Tools and the VMware computer programs
listed on VMware's commercial price list to which You acquire a license under
an Order, together with any software code relating to the foregoing that is
provided to You pursuant to a support and subscription service contract and
that is not subject to a separate license agreement.
1.14 "Territory" means the country or countries in which You have been
invoiced; provided, however, that if You have been invoiced within any of the
European Economic Area member states, You may deploy the corresponding Software
throughout the European Economic Area.
1.15 "Third Party Agent" means a third party delivering information technology
services to You pursuant to a written contract with You.
1.16 "Virtual Machine" means a software container that can run its own
operating system and execute applications like a physical machine.
1.17 "VMware" means VMware, Inc., a Delaware corporation, if You are
purchasing Licenses or services for use in the United States and VMware
International Limited, a company organized and existing under the laws of
Ireland, for all other purchases.
1.18 "VMware Tools" means the suite of utilities and drivers, Licensed by
VMware under the "VMware Tools" name, that can be installed in a Guest
Operating System to enhance the performance and functionality of a Guest
Operating System when running in a Virtual Machine.
2. LICENSE GRANT.
2.1 Scope of License. Subject to the terms and conditions of this EULA,
VMware grants You, during the License Term, a non-exclusive, non-transferable
License to use the Software, in executable code form only, within the
Territory, for Your internal operations in accordance with (a) the
Documentation; (b) the License Type for which You have paid the applicable
fees; (c) other applicable limitations set forth in the Order. The License to
the Software is limited to the quantities specified in each applicable Order.
2.2 Third Party Use. Under the License granted to You in Section 2.1 above,
You may permit Your Third Party Agents to access, use and/or operate the
Software on Your behalf for the sole purpose of delivering services to You,
provided that You will be fully responsible for Your Third Party Agents'
compliance with terms and conditions of this EULA and any breach of this EULA
by a Third Party Agent shall be deemed to be a breach by You.
2.3 Permitted Copies. You may make one copy of the Software for archival
purposes only. The copy shall: (a) be kept within Your possession or control;
(b) include all titles, trademarks, and copyright and restricted rights notices
in the original; and (c) be subject to this EULA. You may not otherwise copy
the Software without VMware's prior written consent.
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testing and benchmarking studies. You may only publish or otherwise distribute
the results of such studies to third parties as follows: (a) if with respect
to VMware's Workstation or Fusion products, only if You provide a copy of Your
study to benchmark@vmware.com prior to distribution; (b) if with respect to
any other Software, only if VMware has reviewed and approved of the
methodology, assumptions and other parameters of the study (please contact
VMware at benchmark@vmware.com to request such review and approval) prior to
such publication and distribution.
2.5 VMware Tools. You may distribute the VMware Tools (whether or not as
part of the Virtual Machine You create with the Software) to third parties
solely when installed in a Guest Operating System to enhance its performance
and functionality when running in a Virtual Machine, provided that You will be
fully responsible for such third parties' compliance with the terms and
conditions of this EULA, and any breach of this EULA by any such third party
shall be deemed to be a breach of this EULA by You.
2.6 Open Source Software. Notwithstanding anything herein to the contrary,
Open Source Software is licensed to You under such OSS's own applicable license
terms, 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. These OSS license
terms are consistent with the license granted in Section 2, and may contain
additional rights benefiting You. The OSS license terms shall take precedence
over this EULA to the extent that this EULA imposes greater restrictions on You
than the applicable OSS license terms.
3. RESTRICTIONS; OWNERSHIP.
3.1 Restrictions. You acknowledge that the Software and the structure,
organization and source code of the Software constitute valuable trade secrets
of VMware. Accordingly, except as expressly permitted in Section 2 or as
otherwise authorized by VMware in writing, You will not and will not permit any
third party to: (a) sell, lease, license, distribute, sublicense or otherwise
transfer in whole or in part the Software or Documentation to any third party;
(b) decompile, disassemble, reverse engineer, or otherwise attempt to derive
source code from the Software, in whole or in part; (c) copy the Software,
except for archival purposes, as set out in Section 2.3; (d) 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 of the Software as described in this EULA; (e)
translate, modify or create derivative works based upon the Software; (f)
permit any use of or access to the Software by any third party; (g) remove any
product identification, proprietary, copyright or other notices contained in
the Software; or (h) 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 3.1 (h), You may use
the Software to deliver hosted services to Your Affiliates.
3.2 Decompilation. Notwithstanding the foregoing, decompiling the Software
is permitted to the extent the laws of the Territory give You the express right
to do so to obtain information necessary to render the Software interoperable
with other software; provided, however, You must first request such information
from VMware (at info@vmware.com), provide all reasonably requested information
to allow VMware to assess Your claim, and VMware may, in its discretion, either
provide such interoperability information to You, impose reasonable conditions,
including a reasonable fee, on such use of the Software, or offer to provide
alternatives to ensure that VMware's proprietary rights in the Software are
protected and to reduce any adverse impact on VMware's proprietary rights.
...skipping one line
thereof, and all improvements, enhancements, modifications and derivative works
thereof, and all Intellectual Property Rights therein, are and shall remain the
sole and exclusive property of VMware and its licensors. Your rights to use the
Software and Documentation shall be limited to those expressly granted in this
EULA and any applicable Order. No other rights with respect to the Software or
any related Intellectual Property Rights are implied. You are not authorized
to use (and shall not permit any third party to use) the Software,
Documentation or any portion thereof except as expressly authorized by this
EULA or the applicable Order.
3.4 Guest Operating Systems. Certain Software allows Guest Operating
Systems and application programs to run on a computer system. You acknowledge
that You are responsible for obtaining and complying with any licenses
necessary to operate any such third-party software.
4. ORDER. Your Order is subject to this EULA. No Orders are binding on
VMware until accepted by VMware. Orders for Software are deemed to be accepted
upon VMware's delivery of the Software included in such Order. Orders issued to
VMware do not have to be signed to be valid and enforceable.
5. AUDIT RIGHTS.
5.1 Records. You will, during the License Term for any Software licenses
acquired under this EULA (and for a period of two (2) years from the expiration
of the applicable License Term), maintain accurate records of your use of the
Software sufficient to demonstrate Your compliance with the terms of this EULA
and all Orders.
5.2 Audit Rights. During the period in which the You are obligated to
maintain such records, VMware, or its third party auditor, may, upon reasonable
notice to You, audit such records to verify that You have (a) used the Software
solely in the manner authorized herein; (b) paid all applicable license fees;
and (c) otherwise complied with the terms of this EULA and all Orders. VMware
may conduct no more than one (1) audit in any twelve (12) month period. Audits
will be conducted during normal business hours and VMware will use commercially
reasonable efforts to minimize the disruption of Your normal business
activities. VMware, and any third-party auditor, shall not have physical
access to Your computing devices in connection with any such audit, without
Your prior written consent. You will reasonably cooperate with VMware and/or
its third-party auditor and will promptly pay directly to VMware any
underpayments revealed by such audit. You will promptly reimburse VMware for
all reasonable costs and expenses incurred by VMware for such audit if: (i)
such audit reveals an underpayment by You of more than five percent (5%) of the
fees payable by You to VMware for the period audited, or (ii) such audit
reveals You have materially failed to maintain accurate records of Your use of
the Software.
6. SUPPORT AND SUBSCRIPTION SERVICES. Except as expressly specified in
the Product Guide, 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 the Services Terms.
7. WARRANTIES.
7.1 Software Warranty. VMware warrants to You that the Software will, for a
period of ninety (90) days following delivery ("Warranty Period"),
substantially conform to the applicable Documentation, provided that the
Software (a) has been properly installed and used at all times and in
...skipping one line
added to by persons other than VMware or its authorized representative. VMware
will, at its own expense and as its sole obligation and Your exclusive remedy
for any breach of the foregoing warranty, either replace the applicable
Software or correct any reproducible error in the Software reported to VMware
by You in writing during the Warranty Period. If VMware determines that it is
unable to correct the error or replace the Software, VMware will refund to You
all License fees actually paid by You, in which case the License for the
applicable Software and Your right to use such Software will terminate.
7.2 Disclaimer of Warranties. THE EXPRESS WARRANTY IN SECTION 7.1 ABOVE IS IN
LIEU OF AND, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, VMWARE AND ITS
LICENSORS DISCLAIM, ALL OTHER WARRANTIES, WHETHER EXPRESS, IMPLIED, OR
STATUTORY, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR
A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT AND ANY WARRANTIES ARISING FROM
COURSE OF DEALING OR COURSE OF PERFORMANCE) REGARDING OR RELATING TO THE
SOFTWARE, THE DOCUMENTATION, OR ANY MATERIALS FURNISHED OR PROVIDED TO YOU
UNDER THIS EULA. VMWARE AND ITS LICENSORS DO NOT WARRANT THAT THE SOFTWARE WILL
OPERATE UNINTERRUPTED OR THAT IT WILL BE FREE FROM DEFECTS OR THAT THE SOFTWARE
WILL MEET (OR IS DESIGNED TO MEET) YOUR BUSINESS REQUIREMENTS.
8. INTELLECTUAL PROPERTY INDEMNIFICATION.
8.1 Defense and Indemnification. Subject to the remainder of this Section 8,
VMware shall defend You against any third party claim that the Software
infringes any patent, trademark or copyright of such third party, or
misappropriates a trade secret (but only to the extent that such
misappropriation is not a result of Your actions) under the laws of: (a) the
United States and Canada; (b) the European Economic Area; (c) Australia; (d)
New Zealand; (e) Japan; or (f) the People's Republic of China, to the extent
that such countries are part of the Territory for the License ("Infringement
Claim") and indemnify You from the resulting costs and damages finally awarded
against You to such third party by a court of competent jurisdiction or agreed
to in settlement; provided that You: (i) promptly provide VMware with notice
of such Infringement Claim; (ii) allow VMware sole control over the defense
thereof and related settlement negotiation; and (iii) reasonably cooperate in
response to VMware requests for assistance. You may not settle or compromise
any Infringement Claim without the prior written consent of VMware.
8.2 Remedies. Should the Software become, or in VMware's opinion be likely to
become, the subject of an Infringement Claim, VMware will, at VMware's option
and expense either: (a) procure the rights necessary for You to make continued
use of the affected Software in accordance with this EULA; (b) replace or
modify the affected Software to make it non-infringing; or (c) terminate the
License to the affected Software and discontinue the related support services,
and, upon Your certified deletion of the affected Software, refund: (i) the
fees paid by You for the License to the affected Software, less straight-line
depreciation over a three (3) year useful life beginning on the date such
Software was delivered; and (ii) any pre-paid service fee attributable to
related support services to be delivered after the date such service is
stopped. Nothing in this Section 8.2 shall limit VMware's obligation under
Section 8.1 to defend and indemnify You, provided that You replace the
allegedly infringing Software upon VMware's making alternate Software available
to You and/or You discontinue using the allegedly infringing Software upon
receiving VMware's notice terminating the affected License.
8.3 Exclusions. Notwithstanding the foregoing, VMware will have no obligation
under this Section 8 or otherwise with respect to any claim based on: (a) a
combination of Software with non-VMware products (other than non-VMware
products that are listed on the Order and used in an unmodified form); (b) use
for a purpose or in a manner for which the Software was not designed; (c) use
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have avoided the infringement; (d) any modification to the Software made
without VMware's express written approval; (e) any claim that relates to open
source software or freeware technology or any derivatives or other adaptations
thereof that is not embedded by VMware into Software listed on VMware's
commercial price list; (f) any claim that relates to Linux or Android open
source software, even when it has been embedded into or distributed with the
Software or (g) any Software provided on a no charge, beta or evaluation basis.
THIS SECTION 8 STATES YOUR SOLE AND EXCLUSIVE REMEDY AND VMWARE'S ENTIRE
LIABILITY FOR ANY INFRINGEMENT CLAIMS OR ACTIONS.
9. LIMITATION OF LIABILITY.
9.1 Limitation of Liability. TO THE MAXIMUM EXTENT MANDATED BY LAW, IN NO EVENT
WILL VMWARE AND ITS LICENSORS BE LIABLE FOR ANY LOST PROFITS OR BUSINESS
OPPORTUNITIES, LOSS OF USE, LOSS OF REVENUE, LOSS OF GOODWILL, 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, REGARDLESS
OF WHETHER THE CLAIM IS BASED IN CONTRACT, TORT, STRICT LIABILITY, OR
OTHERWISE, 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.
9.2 Further Limitations. VMware's licensors shall have no liability of any
kind under this EULA and VMware's liability with respect to any third party
software embedded in the Software shall be subject to Section 9.1. You may not
bring a claim under this EULA more than eighteen (18) months after the cause of
action arises.
10. TERMINATION.
10.1 License Term. This EULA will terminate in its entirety upon the
termination of the License Term, unless terminated earlier under this Section
10.
10.2 Termination for Breach. VMware may terminate this EULA in its entirety
effective immediately upon written notice to You if: (a) You breach any
provision in Section 3 and do not cure the breach within ten (10) days after
receiving written notice thereof from VMware; (b) You fail to pay any portion
of the fees under an applicable Order within ten (10) days after receiving
written notice from VMware that payment is past due; (c) You breach any other
provision of this EULA and don't not cure the breach within thirty (30) days
after receiving written notice thereof from VMware; or (d) You commit a
material breach that is not capable of being cured.
10.3 Termination for Insolvency. VMware may terminate this EULA in its
entirety effective immediately upon written notice to You if You: (a) terminate
or suspend your business; (b) become insolvent, admit in writing Your inability
to pay Your debts as they mature, make an assignment for the benefit of
creditors; or become subject to control of a trustee, receiver or similar
authority; or (c) become subject to any bankruptcy or insolvency proceeding.
10.4 Effect of Termination. If VMware terminates this EULA under this
Section 10: (a) all Licensed rights to all Software granted to You under this
EULA will immediately cease to exist; and (b) You must promptly discontinue all
use of all Software, and (destroy all copies of the Software and all License
...skipping one line
Confidential Information in Your possession or control and certify in writing
to VMware that You have fully complied with these requirements. Sections 1
(Definitions), 2.6 (Open Source Software), 3 (Restrictions; Ownership), 5.1
(Records), 5.2 (Audit Rights), 7.2 (Disclaimer of Warranties), 9 (Limitation of
Liability), 10 (Termination), 11 (Confidential Information) and 12 (General)
will any survive termination of this EULA.
11. CONFIDENTIAL INFORMATION.
11.1 Definition. "Confidential Information" means information or materials
provided by one party ("Discloser") to the other party ("Recipient") which are
in tangible form and labeled "confidential" or the like, or, information which
a reasonable person knew or should have known to be confidential. The
following information shall be considered Confidential Information whether or
not marked or identified as such: (a) License Keys; (b) information regarding
VMware's pricing, product roadmaps or strategic marketing plans; and (c) non-
public materials relating to the Software.
11.2 Protection. Recipient may use Confidential Information of Discloser; (a)
to exercise its rights and perform its obligations under this EULA; or (b) in
connection with the parties' ongoing business relationship. Recipient will not
use any Confidential Information of Discloser for any purpose not expressly
permitted by the EULA, and will disclose the Confidential Information of
Discloser only to the employees or contractors of Recipient who have a need to
know such Confidential Information for purposes of the EULA and who are under a
duty of confidentiality no less restrictive than Recipient's duty hereunder.
Recipient will protect Confidential Information from unauthorized use, access,
or disclosure in the same manner as Recipient protects its own confidential or
proprietary information of a similar nature but with no less than reasonable
care.
11.3 Exceptions. Recipient's obligations under Section 11.2 with respect to
any Confidential Information will terminate if Recipient can show by written
records that such information: (a) was already known to Recipient at the time
of disclosure by Discloser; (b) was disclosed to Recipient by a third party who
had the right to make such disclosure without any confidentiality restrictions;
(c) is, or through no fault of Recipient has become, generally available to the
public; or (d) was independently developed by Recipient without access to, or
use of, Discloser's Information. In addition, Recipient will be allowed to
disclose Confidential Information to the extent that such disclosure is
required by law or by the order of a court of similar judicial or
administrative body, provided that Recipient notifies Discloser of such
required disclosure promptly and in writing and cooperates with Discloser, at
Discloser's request and expense, in any lawful action to contest or limit the
scope of such required disclosure.
11.4 Data Privacy. You agree that VMware may process technical and related
information about Your use of the Software which may include internet protocol
address, hardware identification, operating system, application software,
peripheral hardware, and non-personally identifiable Software usage statistics
to facilitate the provisioning of updates, support, invoicing or online
services and may transfer such information to other companies in the VMware
worldwide group of companies from time to time. To the extent that this
information constitutes personal data, VMware shall be the controller of such
personal data. To the extent that it acts as a controller, each party shall
comply at all times with its obligations under the local legislation applicable
in the Territory for the protection of individuals with regard to the
processing of personal data. Collected data is subject to VMware's Privacy
Policy at http://www.vmware.com/help/privacy.html.
...skipping one line
12.1 Assignment. This EULA and any Orders, and any of Your rights or
obligations thereunder, may not be assigned, subcontracted or transferred by
You, in whole or in part, whether voluntary, by operation of contract, law or
otherwise, without the prior written consent of VMware. Any attempted
assignment or transfer in violation of the foregoing will be null and void.
Subject to the foregoing, this EULA will be binding upon and will inure to the
benefit of the parties and their respective successors and assigns.
12.2 Notices. Any notice delivered by VMware to You under this EULA will be
delivered via mail, email or fax.
12.3 Waiver. The waiver of a breach of any provision of this EULA shall not
constitute a waiver of any other provision or any subsequent breach.
12.4 Severability. If any provision of this EULA is held to be illegal,
invalid or unenforceable, the provision will be enforced to the maximum extent
permissible so as to effect the intent of the parties, and the remaining
provisions of this EULA will remain in full force and effect.
12.5 Compliance with Laws; Export Control; Government Regulations. Each party
shall comply with all laws applicable to the actions contemplated by this EULA.
You acknowledge that the Software is of United States origin, is provided
subject to the U.S. Export Administration Regulations, may be subject to the
export control laws of the applicable territory, and that diversion contrary to
applicable export control laws is prohibited. You represent that (1) you are
not, and are not acting on behalf of, (a) any person who is a citizen,
national, or resident of, or who is controlled by the government of any country
to which the United States has prohibited export transactions; or (b) 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 (2) you will not permit the Software to
be used for, any purposes prohibited by law, including, any prohibited
development, design, manufacture or production of missiles or nuclear, chemical
or biological weapons. 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 and documentation by the
U.S. Government shall be governed solely by the terms and conditions of this
EULA.
12.6 Construction. The headings of sections of this EULA are for convenience
and are not to be used in interpreting this EULA. As used in this EULA, the
word 'including' means "including but not limited to."
12.7 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.
12.8 Third Party Rights. Other than as expressly set out in this EULA, this
EULA does not create any rights for any person who is not a party to it, and no
person who is not a party to this EULA may enforce any of its terms or rely on
any exclusion or limitation contained in it.
12.9 Product Guide. In addition to the above sections, Your use of the
Software is subject to the terms and conditions of the Product Guide, which is
incorporated herein by reference.
12.10 Order of Precedence. In the event of conflict or inconsistency among
...skipping one line
shall apply: (a) the Product Guide, (b) this EULA and (c) the Order. With
respect to any inconsistency between this EULA and an Order, the terms of this
EULA shall supersede and control over any conflicting or additional terms and
conditions of any Order, acknowledgement or confirmation or other document
issued by You, unless the parties execute a written agreement expressly
indicating: (i) that such Order shall modify this EULA; or (ii) that the terms
of such Order shall supersede and control in the event of any inconsistency.
12.11 Entire Agreement. This EULA, including accepted Orders and any
amendments hereto, and the Product Guide contain the entire agreement of the
parties with respect to the subject matter of this EULA and supersede all
previous or contemporaneous communications, representations, proposals,
commitments, understandings and agreements, whether written or oral, between
the parties regarding the subject matter hereof. This EULA may be amended only
in writing signed by authorized representatives of both parties.
12.12 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.
Do you agree? [yes/no]: yes
Would you like to check for product updates on startup? [yes]: #回车即可,默认yes
VMware's Customer Experience Improvement Program ("CEIP") provides
VMware with information that enables VMware to improve its products
and services, to fix problems, and to advise you on how best to deploy
and use our products. As part of the CEIP, VMware collects technical
information about your organization's use of VMware products and
services on a regular basis in association with your organization's
VMware license key(s). This information does not personally identify
any individual. Additional information regarding the data collected
through CEIP and the purposes for which it is used by VMware is set
forth in the Trust & Assurance Center at
http://www.vmware.com/trustvmware/ceip.html. Join the VMware Customer
Experience Improvement Program ("CEIP")? If you prefer not to
participate in VMware's CEIP for this product, you should select "No"
below. You may join or leave VMware's CEIP for this product at any
time. [yes]: #默认yes 回车即可
Please enter the user that will initially connect to Workstation
Server. Without setting this correctly, you will not be able to share
VMs with other users. Additional users and administrators can be
configured later in Workstation by selecting "Shared VMs" and clicking
"Permissions". [root]: #默认
Please choose a directory for your shared virtual machines.
[/var/lib/vmware/Shared VMs]: #默认
Please enter the port to use for https access to Workstation Server.
(HTTPS port:) [443]: #默认
Enter license key. (optional) You can enter this information later.: CG54H-D8D0H-H8DHY-C6X7X-N2KG6 #输入秘钥
The product is ready to be installed. Press Enter to begin
installation or Ctrl-C to cancel.
Installing VMware Workstation 14.1.3
Configuring...
[######################################################################] 100%
Installation was successful.查看
查看已经安装的VMware
代码语言：javascript复制[root@wyy ~]# vmware-installer -l
Product Name Product Version
==================== ====================
vmware-workstation 14.1.3.9474260 连接需要使用VNCserver~
