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发表于 2020-5-18 16:26:33
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显示全部楼层
具体方法如下:
Linux服务器下安装vmware虚拟机
1、安装包如下:
- 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
复制代码 2、weget下载:
- [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]
复制代码 3、开始安装:
设置服务执行权限
- [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
复制代码 执行安装
- [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.
- ...skipping one line
- 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
- ...skipping one line
- 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
- ...skipping one line
- 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
- ...skipping one line
- 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
- ...skipping one line
- 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
- ...skipping one line
- 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
- ...skipping one line
- 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
- You must accept the VMware OVF Tool component for Linux 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, 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
- ...skipping one line
- 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.
- ...skipping one line
- 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
- ...skipping one line
- 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.
复制代码 4、查看已安装的VMware
- [root@wyy ~]# vmware-installer -l
- Product Name Product Version
- ==================== ====================
- vmware-workstation 14.1.3.9474260
复制代码 连接需要使用VNCserver~
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