1、去官网下载VMware-Workstation-Full-10.0.4-2249910.x86_64.bundle 版本
2、在百度找序列号
3、在centos下安装
记录如下
[root@localhost home]# ./VMware-Workstation-Full-10.0.4-2249910.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, 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 references and incorporates this EULA
and is accepted by VMware as set forth in 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.
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 (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 is 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.
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.
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 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 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 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 of any
older version of the Software when use of a newer VMware revision
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;
(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 Key(s)) 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. 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.
12. GENERAL.
12.1 Assignment. This EULA and any Orders, and any of Your rights or
obligations there under, 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
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, 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.
13. SOFTWARE-SPECIFIC TERMS AND CONDITIONS.
In addition to the above sections, the Software is subject to
the following terms and conditions. In the event of any conflict
between the Software-specific terms and conditions and Sections
1-12 of the EULA, the terms of this Section 13 shall govern.
VMware Workstation includes VMware Player Plus, VMware Converter
and VMware Software Development Kit for VIX Application Programming
Interface.
VMware Workstation
You may install and use the Software on a number of computers
equal to the number of licenses purchased. Installing and
running a single license of the Software on multiple computers
is prohibited even if the computers are not running the Software
concurrently. Concurrent use of the Software by multiple users
on a single computer is prohibited.
You may use the Software to host application-based dedicated
services to a third party, provided, such service does not provide
computing or processing power (such as utility computing, grid
computing or cloud computing) or any computer application-based
service that is traded, rented, leased, or sold on a Virtual
Machine basis.
Use of the Software has no Territory limitations.
Faculty and students of organizations that are members of the
VMware Academic Program may use the Software for education
and research. For information about the program please visit
http://www.vmware.com/partners/academic/program-overview.html.
The Software may include Microsoft components. You can recover
from Microsoft and its suppliers only direct damages up to
U.S. $5.00, and you cannot recover from Microsoft any other
damages, including consequential, lost profits, special, indirect
or incidental damages.
Limited support and subscription services. Unless You have
purchased additional VMware support and subscription services
for the Software, VMware will provide you with limited web-based
support services for the Software for a period of thirty (30)
days after the date of purchase and VMware will provide you with
the “VMware Complimentary Update Service” for a period of
eighteen (18) months from the date of general availability of
the Software. The “VMware Complimentary Update Service” is
defined in the VMware Support and Subscription Services Terms
and Conditions posted at http://www.vmware.com/files/pdf/support
/support_terms_conditions.pdf.
Application Programming Interface (“APIs”). The APIs are
provided for your personal use solely for the purpose of creating
software that communicates with VMware Software (the “Developer
Software”). You agree to defend, indemnify and hold harmless
VMware, and any of its directors, officers, employees, Affiliates
or agents, from and against any and all claims, losses, damages,
liabilities and other expenses (including reasonable attorneys’
fees), arising from your use, modification and distribution of
the distributable code and the Developer Software.
You will not (1) use the APIs to create, design or develop anything
other than Developer Software; (2) make any more copies of the APIs
than are reasonably necessary for the authorized use and backup
and archival purposes; (3) modify, create derivative works of,
reverse engineer, reverse compile, or disassemble the APIs, except
that you may modify and create derivative works of, and distribute
any code provided in the APIs that is designated by VMware in the
APIs documentation as “distributable code” solely as part of
your Developer Software; (4) distribute, sell, lease, rent, lend,
or sublicense any part of the APIs to any third party except
as designated herein and as necessary to distribute Developer
Software or; (5) use the APIs to (a) create, design or develop
software or services to circumvent, enable, modify or provide
access, permissions or rights which would violate the technical
restrictions of VMware Software, any additional licensing terms
provided by VMware via product documentation, email notification
and/or policy change on VMware website, and/ or the terms of the
End User License Agreements of VMware products; (b) disable,
remove, over-ride or modify the display of any VMware product
End User License Agreements to the end customers; or (c) upload
or otherwise transmit any material containing software viruses
or other computer code, files or programs designed to interrupt,
destroy, or limit the functionality of any software or hardware.
VMware Player Plus
You may install and use VMware Player Plus, for personal use,
internal business use, or any use by You in the functions of Your
employment on a number of computers equal to the number of licenses
purchased, provided that you install and use VMware Player Plus
on the same computer on which VMware Workstation is installed.
Installing and using a single license of VMware Player Plus on
multiple computers is prohibited even if the computers are not
running VMware Player Plus concurrently.
The Software may include Microsoft components. You can recover
from Microsoft and its suppliers only direct damages up to
U.S. $5.00, and you cannot recover from Microsoft any other
damages, including consequential, lost profits, special, indirect
or incidental damages.
VMware Converter
You may use the Software solely to migrate the disk contents
of physical computers, VMware Virtual Machines, and supported
third party disk images to the disk contents of Virtual Machines
operated with VMware virtualization software products.
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
references and incorporates this EULA and is accepted by VMware as set forth
in 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.
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 (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.
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.
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
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 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
of any older version of the Software when use of a newer VMware revision 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; (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 Key(s)) 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.
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.
12. GENERAL.
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
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, 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]: no
Would you like to help make VMware software better by sending
anonymous system data and usage statistics to VMware? [yes]: no
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]: root
Please choose a directory for your shared virtual machines.
[/var/lib/vmware/Shared VMs]:
Please enter the port to use for https access to Workstation Server.
(HTTPS port:) [443]:
Enter license key. (optional) You can enter this information later.:
Installing VMware Installer 2.1.0
Copying files...
Configuring...
Installing VMware Player Setup 6.0.4
Copying files...
Configuring...
Installing VMware VMX 6.0.4
Copying files...
Configuring...
Installing VMware VIX Core for Linux 1.13.4
Copying files...
Configuring...
Installing VMware Network Editor 10.0.4
Copying files...
Configuring...
Installing VMware Network Editor User Interface 10.0.4
Copying files...
Configuring...
Installing VMware Tools for Netware 9.6.2
Copying files...
Configuring...
Installing VMware Tools for Windows 9.6.2
Copying files...
Configuring...
Installing VMware Tools for Windows (Pre 2000) 9.6.2
Copying files...
Configuring...
Installing VMware Tools for FreeBSD 9.6.2
Copying files...
Configuring...
Installing VMware Tools for Solaris 9.6.2
Copying files...
Configuring...
Installing VMware Tools for Linux 9.6.2
Copying files...
Configuring...
Installing VMware USB Arbitrator 12.1.17
Copying files...
Configuring...
Installing VMware Player Application 6.0.4
Copying files...
Configuring...
Installing VMware VIX Workstation-10.0.0-and-vSphere-5.5.0 Lib 1.13.4
Copying files...
Configuring...
Installing VMware Workstation Server 10.0.4
Copying files...
Configuring...
Installing VMware OVF Tool component for Linux 3.5.2
Copying files...
Configuring...
Installing VMware vProbe 6.0.4
Copying files...
Configuring...
Installing VMware Workstation 10.0.4
Copying files...
Configuring...
Installation was successful.
其他方法待总结