The ubuntu vmware view client is better than the open one. Add it.

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+VMWARE END USER LICENSE AGREEMENT

+

+PLEASE NOTE THAT THE TERMS OF THIS END USER LICENSE AGREEMENT SHALL GOVERN 

+YOUR USE OF THE SOFTWARE, REGARDLESS OF ANY TERMS THAT MAY APPEAR DURING THE 

+INSTALLATION OF THE SOFTWARE. 

+

+IMPORTANT-READ CAREFULLY:   BY DOWNLOADING, INSTALLING, OR USING THE SOFTWARE, 

+YOU (THE INDIVIDUAL OR LEGAL ENTITY) AGREE TO BE BOUND BY THE TERMS OF THIS 

+END USER LICENSE AGREEMENT ("EULA").  IF YOU DO NOT AGREE TO THE TERMS OF THIS 

+EULA, YOU MUST NOT DOWNLOAD, INSTALL, OR USE THE SOFTWARE, AND YOU MUST DELETE 

+OR RETURN THE UNUSED SOFTWARE TO THE VENDOR FROM WHICH YOU ACQUIRED IT WITHIN 

+THIRTY (30) DAYS AND REQUEST A REFUND OF THE LICENSE FEE, IF ANY, THAT YOU 

+PAID FOR THE SOFTWARE.

+

+EVALUATION LICENSE.  If You are licensing the Software for evaluation 

+purposes, Your use of the Software is only permitted in a non-production 

+environment and for the period limited by the License Key.  Notwithstanding 

+any other provision in this EULA, an Evaluation License of the Software is 

+provided "AS-IS" without indemnification, support or warranty of any kind, 

+expressed or implied.

+

+1.	DEFINITIONS.

+ 

+1.1 "Affiliate" means, with respect to a party, an entity that is directly or 

+indirectly controlled by or is under common control with such party, 

+where "control" means an ownership, voting or similar interest representing 

+fifty percent (50%) or more of the total interests then outstanding of the 

+relevant entity (but only as long as such person or entity meets these 

+requirements).

+

+1.2	"Documentation" means that documentation that is generally provided to 

+You by VMware with the Software, as revised by VMware from time to time, and 

+which may include end user manuals, operation instructions, installation 

+guides, release notes, and on-line help files regarding the use of the 

+Software.

+

+1.3	"Guest Operating Systems" means instances of third-party operating 

+systems licensed by You, installed in a Virtual Machine and run using the 

+Software.

+

+1.4	"Intellectual Property Rights" means all worldwide intellectual 

+property rights, including without limitation, copyrights, trademarks, service 

+marks, trade secrets, know how, inventions, patents, patent applications, 

+moral rights and all other proprietary rights, whether registered or 

+unregistered. 

+

+1.5      "License" means a license granted under Section 2.1. 

+

+1.6    	"License Key" means a serial number that enables You to activate and 

+use the Software.

+

+1.7     "License Term" means the duration of a License as specified in the 

+Order.

+

+1.8	"License Type" means the type of License applicable to the Software, 

+as more fully described in the Order.

+

+1.9 "Open Source Software" or "OSS" means software components that are 

+licensed under a license approved by the Open Source Initiative ("OSI") or 

+similar open source or freeware license and are embedded in the delivered 

+Software. 

+

+1.10 "Order" means a purchase order, enterprise license agreement, or other 

+ordering document issued by You to VMware or a VMware authorized reseller that 

+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.