databrowser/release/installer/EULA.txt

VMWARE END USER LICENSE AGREEMENT

IMPORTANT-READ CAREFULLY: BY DOWNLOADING, INSTALLING, OR USING THE SOFTWARE, 
YOU (THE INDIVIDUAL OR LEGAL ENTITY) AGREE TO BE BOUND BY THE TERMS OF THIS 
END USER LICENSE AGREEMENT ("EULA"). IF YOU DO NOT AGREE TO THE TERMS OF THIS 
EULA, YOU MUST NOT DOWNLOAD, INSTALL, OR USE THE SOFTWARE, AND YOU MUST 
DELETE OR RETURN THE UNUSED SOFTWARE TO THE VENDOR FROM WHICH YOU ACQUIRED IT 
WITHIN THIRTY (30) DAYS AND REQUEST A REFUND OF THE LICENSE FEE, IF ANY, THAT 
YOU PAID FOR THE SOFTWARE.
EVALUATION LICENSE.: If You are licensing the Software for evaluation 
purposes, your use of the Software is only permitted in a non-production 
environment and for the period limited by the Software License Key. 
Notwithstanding any other provision in this EULA, an Evaluation License of 
the Software is provided "AS-IS" without support or warranty of any kind, 
expressed or implied.
1. DEFINITIONS.
1.1  "Documentation" means, collectively, the operation instructions, release 
notes, user manuals and/or help files for the Software in electronic or 
written form.
1.2  "Guest Operating Systems" means instances of third-party operating 
systems licensed separately by You and installed in a Virtual Machine.
1.3  "Software" means software products that are licensed to You under this 
EULA, including, but not limited to, any related components purchased or 
provided with the Software, Documentation, and any maintenance releases 
thereto.
1.4 "Software License Key" means a valid serial number issued to You to 
activate and use the Software.
1.5  "Open Source Software" means various software components including open 
source software, that may be part of the Software, each licensed to You under 
its own applicable license terms and conditions, which can be found in the 
open_source_licenses.txt file, the Documentation or as applicable, the 
corresponding source files for the Software available 
athttp://www.vmware.com/download/open_source.html.
1.6  "Virtual Machine" means a software container that can run its own 
operating system and execute applications like a physical machine.
2. GRANT AND USE RIGHTS FOR SOFTWARE
2.1  License Grant.  The Software is licensed, not sold. Subject to the terms 
of this EULA, VMware grants You a non-exclusive, non-transferable license, 
without rights to sublicense, to use the Software in the country where You 
are invoiced in accordance with the Documentation and the VMware license 
model (per device, per processor, per server, per single user, per virtual 
machine, or any other VMware approved license model) specified in Section 8 
of this EULA for which You have paid the applicable license fees, if any. If 
You were invoiced in the European Union for the Software, You may use that 
Software in any of the European Union member states. For VMware Workstation 
and Fusion, You may use the Software without the invoice-country restriction. 
You may allow third party consultants or contractors to access and use the 
Software on Your behalf solely for Your internal business operations, 
provided, they are bound by an agreement with You protecting VMware's 
intellectual property with terms no less stringent than this EULA and You 
ensure that such third party use of the Software complies with the terms of 
this EULA. You may make one backup, unmodified copy of the Software solely 
for archival purpose. If You upgrade or exchange the Software from a previous 
validly licensed version, You must cease use of the prior version of that 
Software. You agree to provide written certification of destruction of the 
previous version of the Software upon VMware's request.
2.2  Restrictions. Except as expressly permitted by this EULA or by 
applicable law, You may not (i) sell, lease, assign, license, sublicense, 
distribute or otherwise transfer in whole or in part the Software; (ii) 
permit any use of or access to the Software by any third party, or 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; (iii) 
decompile, disassemble, reverse engineer, or otherwise attempt to derive 
source code from the Software; (iv) modify or create derivative works based 
upon the Software; or (v) create, develop, license, install, use, or deploy 
any software or services to circumvent, enable, modify or provide access, 
permissions or rights which violate the technical restrictions in the 
Software. If You wish to exercise any rights to reverse engineer to ensure 
interoperability in accordance with applicable law, You must first provide 
VMware with written notice and all reasonably requested information 
toinfo@vmware.com within 30 days and permit VMware to assess your claim and, 
at VMware's sole discretion, to make an offer to provide alternatives that 
reduce any adverse impact on VMware's intellectual property or other rights.
2.3  VMware Tools.  You may use or distribute the suite of utilities and 
drivers that may be part of the Software ("VMware Tools") to any third party 
provided that (i) You only distribute the VMware Tools as a whole in object 
code format, whether or not as part of the Virtual Machine You create with 
the Software; and (ii) You agree to indemnify, hold harmless, and defend 
VMware from and against any claims or lawsuits, including attorneys' fees, 
that relate to your distribution of VMware Tools.
2.4  Benchmarking.  You may use the Software to conduct internal performance 
testing and benchmarking studies, the results of which only You may publish 
or publicly disseminate, provided that VMware has reviewed and approved of 
the methodology, assumptions and other parameters of your testing and 
studies. Please contact VMware at benchmark@vmware.com to request such 
review. For VMware Workstation and Fusion benchmarks, You may publish or 
publicly disseminate the results without VMware's prior review and approval.
2.5  Third-party Software.  You are responsible for separately obtaining and 
complying with any licenses necessary to operate third-party software, 
including but not limited to, Guest Operating Systems and application 
programs which the Software enables You to run.
2.6  Data Collection and Privacy.  You agree that VMware may collect, use, 
store and transmit technical and related information about your use of the 
Software which may include internet protocol address, hardware 
identification, operating system, application software, peripheral hardware, 
and non-personally identifiable Software usage statistics ("Collected Data") 
to facilitate the provisioning of updates, support, invoicing or online 
services to You. Collected Data is subject to VMware's Privacy Policy at 
http://www.vmware.com/help/privacy.html.
2.7  Audit Rights.  During the term of this EULA and for two (2) years after 
termination or expiration of the EULA or support and subscription services 
for the applicable Software, VMware, or an independent third party designated 
by VMware, may audit, upon written notice to You, your books, records, and 
computing devices to determine your compliance with this EULA and your 
payment of the applicable license and support services fees, if any, for the 
Software. VMware may conduct no more than one (1) audit in any twelve (12) 
month period. In the event that any such audit reveals an underpayment by You 
of more than five percent (5%) of the license amounts due to VMware in the 
period being audited, or that You have breached any term of the EULA, then, 
in addition to any other remedies VMware may have, You will promptly pay to 
VMware any underpayments and the cost of the audit.
3. TITLE.  VMware retains all right, title, and interest in and to the 
Software, the Software License Key(s) and all related intellectual property 
rights. VMware retains all rights not expressly granted to You in this EULA.
4. SUPPORT AND SUBSCRIPTION SERVICES. Except as expressly specified in 
Section 8 of this EULA, VMware does not provide any support or subscription 
services for the Software under this EULA. You have no rights to any updates, 
upgrades or extensions or enhancements to the Software developed by VMware 
unless you separately purchase VMware support or subscription services. These 
support or subscription services are subject to VMware's then-current Support 
and Subscription Contract Terms and Conditions.
5.  TERMINATION.  VMware may terminate this EULA immediately upon notice if 
You fail to comply with any term of this EULA. In the event of termination, 
You must remove and destroy all copies of the Software and Software License 
Key(s), including all backup copies, from the server and all computers and 
terminals You own, possess or control and on which the Software is installed. 
Any obligations to pay fees incurred prior to termination and Sections 1, 2, 
3, 6, and 7 of this EULA shall survive termination for any reason.
6. LIMITED WARRANTY AND LIMITATION OF LIABILITY 
6.1  Limited Warranty.  VMware warrants that (i) the physical media, if any, 
on which the Software is delivered will be free of defects in materials and 
workmanship; and (ii) that the Software will substantially conform to the 
functional description set forth in the standard Documentation accompanying 
the Software for a period of 90 days after the date of delivery of the 
Software License Key to You ("Warranty Period"). If the physical media is 
defective and is returned to VMware within the Warranty Period, your 
exclusive remedy will be VMware's option to repair or replace the defective 
physical media.. To return the defective physical media, send an email to 
sales@vmware.com to request a return authorization number. If during the 
Warranty Period the Software does not substantially conform to the functional 
description set forth in the Documentation, your exclusive remedy will be 
that VMware shall, at its sole option, correct the defects in the Software or 
refund the license fees You paid, if any, for the Software provided that (i) 
the Software has been properly installed and used at all times and in 
accordance with the Documentation; (ii) no modification, deletion or addition 
has been made to the Software by persons other than VMware or its authorized 
representative; and (iii) VMware receives written notice of the 
non-conformity within the Warranty Period. EXCEPT FOR THE PRECEDING EXPRESS 
LIMITED WARRANTY, TO THE MAXIMUM EXTENT MANDATED BY LAW, VMWARE AND ITS 
LICENSORS PROVIDE THE SOFTWARE WITHOUT ANY WARRANTIES OF ANY KIND, EXPRESS, 
IMPLIED, STATUTORY, OR IN ANY OTHER PROVISION OF THIS EULA OR COMMUNICATION 
WITH YOU, AND VMWARE AND ITS LICENSORS SPECIFICALLY DISCLAIM ANY IMPLIED 
WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND 
NON-INFRINGEMENT.
6.2  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, BUSINESS INTERRUPTION, LOSS OF DATA, OR 
ANY OTHER INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES UNDER ANY 
THEORY OF LIABILITY, WHETHER BASED IN CONTRACT, TORT, NEGLIGENCE, PRODUCT 
LIABILITY, OR OTHERWISE. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE 
EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, 
THE PRECEDING LIMITATION MAY NOT APPLY TO YOU. VMWARE'S AND ITS LICENSORS' 
LIABILITY UNDER THIS EULA WILL NOT, IN ANY EVENT, EXCEED THE LICENSE FEES YOU 
PAID FOR THE SOFTWARE, IF ANY. THE FOREGOING LIMITATIONS SHALL APPLY 
REGARDLESS OF WHETHER VMWARE OR ITS LICENSORS HAVE BEEN ADVISED OF THE 
POSSIBILITY OF SUCH DAMAGES AND REGARDLESS OF WHETHER ANY REMEDY FAILS OF ITS 
ESSENTIAL PURPOSE.
7. GENERAL
7.1  Entire Agreement. This EULA represents the entire agreement between the 
parties with respect to the Software, and supersedes any prior or 
contemporaneous oral or written agreements concerning the subject matter 
contained herein.
7.2 Headings. Headings under this EULA are intended only for convenience and 
shall not affect the interpretation of this EULA.
7.3 Waiver and Modification.  No failure of either party to exercise or 
enforce any of its rights under this EULA will act as a waiver of those 
rights. This EULA may only be modified, or any rights under it waived, by a 
written agreement executed by the party against which it is asserted.
7.4 Severability.  If any provision of this EULA is found illegal or 
unenforceable, it will be enforced to the maximum extent permissible, and the 
legality and enforceability of the other provisions of this EULA will not be 
affected.
7.5  Export Controls.  The Software is of United States origin and is 
provided subject to the U.S. Export Administration Regulations. Diversion 
contrary to U.S. law is prohibited. Without limiting the foregoing, you agree 
that (1) you are not, and are not acting on behalf of, any person who is a 
citizen, national, or resident of, or who is controlled by the government of, 
Cuba, Iran, North Korea, Sudan, or Syria, or any other country to which the 
United States has prohibited export transactions; (2) you are not, and are 
not acting on behalf of, any person or entity listed on the U.S. Treasury 
Department list of Specially Designated Nationals and Blocked Persons, or the 
U.S. Commerce Department Denied Persons List or Entity List; and (3) you will 
not use the Software for, and will not permit the Software to be used for, 
any purposes prohibited by law, including, without limitation, for any 
prohibited development, design, manufacture or production of missiles or 
nuclear, chemical or biological weapons.
7.6  U.S. Government Restricted Rights.  The Software and Documentation are 
deemed to be "commercial computer software" and "commercial computer software 
documentation," respectively, pursuant to DFAR Section 227.7202 and FAR 
Section 12.212(b), as applicable. Any use, modification, reproduction, 
release, performance, display, or disclosure of the Software by the U.S. 
Government shall be governed solely by the terms of this EULA.
7.7  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.
7.8  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.
Copyright (c) 1998-2011 VMware, Inc. All rights reserved. VMware software 
products are protected by one or more U.S. Patent Numbers D617,808, D617,809, 
D617,810, D617,811, 6,075,938, 6,397,242, 6,496,847, 6,704,925, 6,711,672, 
6,725,289, 6,735,601, 6,785,886, 6,789,156, 6,795,966, 6,880,022, 6,883,095, 
6,940,980, 6,944,699, 6,961,806, 6,961,941, 6,970,562, 7,017,041, 7,055,032, 
7,065,642, 7,069,413, 7,069,435, 7,082,598, 7,089,377, 7,111,086, 7,111,145, 
7,117,481, 7,149,310, 7,149,843, 7,155,558, 7,222,221, 7,260,815, 7,260,820, 
7,269,683, 7,275,136, 7,277,998, 7,277,999, 7,278,030, 7,281,102, 7,290,253, 
7,343,599, 7,356,679, 7,386,720, 7,409,487, 7,412,492, 7,412,702, 7,424,710, 
7,428,636, 7,433,951, 7,434,002, 7,447,854, 7,447,903, 7,467,067, 7,475,002, 
7,478,173, 7,478,180, 7,478,218, 7,478,388, 7,484,208, 7,487,313, 7,487,314, 
7,490,216, 7,500,048, 7,506,122, 7,516,453, 7,529,897, 7,543,301, 7,555,747, 
7,565,527, 7,571,471, 7,577,722, 7,581,064, 7,590,715, 7,590,982, 7,594,111, 
7,596,594, 7,596,697, 7,599,493, 7,603,704, 7,606,868, 7,620,523, 7,620,766, 
7,620,955, 7,624,240, 7,630,493, 7,636,831, 7,657,659, 7,657,937, 7,665,088, 
7,672,814, 7,680,919, 7,689,986, 7,693,996, 7,694,101, 7,702,843, 7,707,185, 
7,707,285, 7,707,578, 7,716,446, 7,734,045, 7,734,911, 7,734,912, 7,735,136, 
7,743,389, 7,761,917, 7,765,543, 7,774,391, 7,779,091, 7,783,779, 7,783,838, 
7,793,279, 7,797,748, 7,801,703, 7,802,000, 7,802,248, 7,805,676, 7,814,495, 
7,823,145, 7,831,661, 7,831,739, 7,831,761, 7,831,773, 7,840,790, 7,840,839, 
7,840,993, 7,844,954, 7,849,098, 7,853,744, 7,853,960, 7,856,419, 7,856,531, 
7,856,637, 7,865,663, 7,869,967, 7,886,127, 7,886,148, 7,886,346, 7,890,754, 
7,895,437, 7,908,646, 7,912,951, 7,921,197, 7,925,850, 7,933,981, 7,934,017, 
7,934,020, 7,941,401, 7,941,470, 7,945,436, 7,945,761, 7,945,908, 7,945,958, 
7,958,558, 7,962,647, 7,966,315, 7,966,615, 7,970,938, 7,971,015, 7,971,047, 
7,971,182, 7,975,165; patents pending.
Do you agree to be bound by the terms of this EULA and affirm the following:
* You are not, and are not acting on behalf of, any person who is a citizen, 
national, or resident of, or who is controlled by the government of, Cuba, 
Iran, North Korea, Sudan, or Syria, or any other country to which the United 
States has prohibited export transactions.
* You are not, and are not acting on behalf of, any person or entity listed 
on the U.S. Treasury Department list of Specially Designated Nationals and 
Blocked Persons, or the U.S. Commerce Department Denied Persons List or 
Entity List.
* You will not use the Software for, and will not permit the Software to be 
used for, any purposes prohibited by law, including, without limitation, for 
the development, design, manufacture or production of missiles or nuclear, 
chemical or biological weapons.