END USER LICENSE AGREEMENT FOR VMWARE(TM) DESKTOP SOFTWARE PRODUCT VMWARE, INC. LICENSES THIS DESKTOP SOFTWARE PRODUCT TO YOU SUBJECT TO YOUR ACCEPTANCE OF ALL OF THE TERMS CONTAINED IN THIS END USER LICENSE AGREEMENT ("EULA"). READ THE TERMS OF THIS EULA CAREFULLY. IF YOU DO NOT ACCEPT THIS AGREEMENT AND YOU HAVE PROOF OF PAYMENT, YOU MAY RETURN THE UNOPENED SOFTWARE TO THE LOCATION AT WHICH YOU ACQUIRED IT WITHIN THIRTY (30) DAYS FOR A REFUND OF THE LICENSE FEE. IF YOU ARE VIEWING THIS EULA ELECTRONICALLY, SELECT THE "YES" BUTTON AT THE BOTTOM OF THIS PAGE TO INDICATE YOUR AGREEMENT TO THE TERMS OF THIS EULA. IF YOU ARE NOT WILLING TO BE BOUND BY ITS TERMS, SELECT THE "NO" BUTTON AT THE BOTTOM OF THIS PAGE AND THE REGISTRATION OR INSTALLATION PROCESS WILL NOT CONTINUE. NOTICE TO CUSTOMER If you do not agree to the terms of this EULA, do not install, activate, or use this software. This EULA is a contract between you (either an individual or an entity) and VMware, Inc. ("VMware"), which governs your use of the VMware software product that accompanies this EULA and related software components, which may include associated media, printed materials, and online or electronic documentation. DEFINITIONS In this EULA, the Desktop software and associated media, printed materials, and online or electronic documentation are collectively referred to as the "Software." When installed, the Software enables you to run one or more instances of third-party operating systems ("Guest Operating Systems") and applications on a single computer system. A software activation file and a serial number ("Software License Key") issued to you by VMware are required to use the Software. The term "Number of Licensed Users" means the number one (1), unless you received a VMware License Certificate with this software product, in which case the term "Number of Licensed Users" means the Number of Licensed Users set forth on the VMware License Certificate. WARNING FOR EVALUATION LICENSEES The Software can be activated with a no-cost evaluation Software License Key. Evaluation Software License Keys have an expiration date ("Expiration Date"). If you activate the Software with an evaluation Software License Key: (i) you may use the Software until the Expiration Date only to evaluate the suitability of the Software for licensing on a for-fee basis; (ii) the limited 90-day warranty below is not applicable to you; and (iii) THE SOFTWARE IS PROVIDED TO YOU "AS IS" WITHOUT WARRANTY OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE. VMWARE BEARS NO LIABILITY FOR ANY DAMAGES RESULTING FROM USE (OR ATTEMPTED USE) OF THE SOFTWARE THROUGH OR AFTER THE EXPIRATION DATE, AND HAS NO DUTY TO PROVIDE SUPPORT TO YOU. LICENSE The Software is licensed, not sold. Subject to the terms and limitations of this EULA, VMware hereby grants you a nonexclusive, nontransferable license, without rights to sublicense, to (i) make a number of copies of the Software less than or equal to the Number of Licensed Users for the purpose of installing a single copy of the Software on an equivalent number of computers, each of which is running a validly licensed copy of the operating system for which the Software is designed; (ii) use the Software License Key to activate each copy of the Software made in accordance with sub-clause (i); (iii) have up to the Number of Licensed Users use the Software (in object code form only) solely for your own internal information processing services and computing needs; and (iv) use the documentation accompanying the Software in connection with permitted uses of the Software. If you are an entity, each copy of the Software may be used by one designated individual user only. The total number of designated users may not exceed the Number of Licensed Users. Each copy of the Software may not be used by any other person, whether or not such person is employed by or otherwise associated with your entity. LIMITED SHARED USE LICENSE For shared use computing laboratory environments within academic institutions, the license grant above shall be modified to permit use of the Software on a single computer system without the limitation that such use be limited to the designated user(s); provided that any such user(s) agree to and abide by the terms of this EULA; provided further that you must acquire and dedicate a Software License Key for each separate computer system on which the Software is installed. Under this shared computing laboratory use license, a computing laboratory at an academic institution having ten computers loaded with the Software on which no more than five users would concurrently access and use the Software, for example, would require ten Software License Keys. Unless the computing laboratory is operated and maintained by and within an academic institution, this limited shared use license does not apply. LICENSE LIMITATIONS You may not copy the Software except for a reasonable number of machine-readable copies of the Software for backup or archival purposes and except as expressly permitted in the License section above. You may not share or use concurrently the Software except as expressly permitted in the Limited Shared Use License section above. You may not remove any titles, trademarks or trade names, copyright notices, legends, or other proprietary markings on the Software. You are not granted any rights to any trademarks or service marks of VMware. VMware retains all rights not expressly granted to you. LICENSE AS UPGRADE OF PREVIOUSLY LICENSED PRODUCT If you purchased this Desktop software product as an upgrade at the applicable upgrade price, then you must have previously purchased a prior version of this Desktop software product at the applicable product (not upgrade) price. If you have not purchased a prior version at the applicable product price, then please contact the vendor from whom you purchased the upgrade, or, if you are unable to contact your vendor, VMware, to make payment for the difference between the upgrade price and the product price within thirty (30) days of the date you purchased the upgrade. If you do not make the appropriate payment to your vendor or VMware within thirty (30) days, this EULA will automatically terminate and you must comply with the termination provisions below. LICENSES REQUIRED FOR THIRD-PARTY SOFTWARE The Software allows multiple Guest Operating Systems and applications to run on a single computer system. You are responsible for obtaining any licenses necessary to operate any such third-party software, including Guest Operating Systems. In the event that the Software includes a valid licensed copy of a Guest Operating System for pre-installation with the Software, the use of such Guest Operating System shall be defined by the end user license agreement for that Guest Operating System. By explicitly accepting this EULA, or by installing, copying, downloading, accessing, or otherwise using the Software and/or Software License Key, you are acknowledging and agreeing to be bound by the terms of the end user license agreement for the pre-installed Guest Operating System, which terms accompany the Guest Operating System. PROPRIETARY RIGHTS RESERVED BY VMWARE VMware retains all right, title, and interest in and to the Software and the Software License Key and in all related copyrights, trade secrets, patents, trademarks, and any other intellectual and industrial property and proprietary rights, including registrations, applications, renewals, and extensions of such rights. RESTRICTIONS You may not (i) sell, lease, license, sublicense, or otherwise transfer in whole or in part the Software or the Software License Key to another party; (ii) provide, disclose, divulge or make available to, or permit use of the Software in whole or in part by, any third party, including contractors, without VMware's prior written consent; (iii) decompile, disassemble, reverse engineer, or otherwise attempt to derive source code from the Software, in whole or in part; (iv) modify or create derivative works based upon the Software; or (v) use the Software to provide network, application hosting or other services to third parties, or otherwise use the Software on a service bureau or hosting basis for your customers. SUPPORT SERVICES VMware may provide limited web-based support services related to the Software for a period of thirty (30) days after the date of purchase. Additional support services may be purchased separately. Any such support services provided by VMware will be governed by the VMware polices and programs described in online documentation and other VMware provided materials. Any supplemental software code or related materials that VMware provides to you as part of any support services are to be considered part of the Software and are subject to the terms and conditions of this EULA. VMware may use any technical information you provide to VMware for any VMware business purposes without restriction, including for product support and development. VMware will not use information in a form that personally identifies you. UPDATES AND UPGRADES NOT INCLUDED This EULA does not give you any rights to any updates or upgrades to the Software or to any extensions or enhancements to the Software developed by VMware at any time in the future. Rights to any future developments will be governed by a separate subscription contract that you may sign with VMware or by the end user license agreement relating to those developments, in each case as described in the online documentation or other VMware provided materials. TERMINATION VMware may terminate this EULA if you fail to comply with any term of this EULA. In the event of termination, you must destroy all copies of the Software and Software License Key. In addition you must remove all copies of the Software from the computer(s) on which it is installed. GOVERNMENT RESTRICTIONS You may not export or re-export the Software except in compliance with the United States Export Administration Act and the related rules and regulations and similar non-U.S. government restrictions, if applicable. 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 by the U.S. Government shall be governed solely by the terms of this EULA. LIMITED WARRANTY VMware warrants that the media, if any, on which the Software is delivered will be free of defects and that the Software will substantially conform to the description contained in the applicable documentation, in each case for a period of 90 days after the date of delivery of the Software License Key. EXCEPT FOR THE PRECEDING EXPRESS LIMITED WARRANTY, VMWARE MAKES AND YOU RECEIVE NO WARRANTIES ON THE SOFTWARE, EXPRESS, IMPLIED, STATUTORY, OR IN ANY OTHER PROVISION OF THIS EULA OR COMMUNICATION WITH YOU, AND VMWARE SPECIFICALLY DISCLAIMS ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. LIMITATION OF LIABILITY IN NO EVENT WILL VMWARE 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. THIS LIMITATION SHALL APPLY REGARDLESS OF WHETHER VMWARE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. VMWARE'S LIABILITY UNDER THIS EULA WILL NOT, IN ANY EVENT, EXCEED THE LICENSE FEES, IF ANY, PAID BY YOU TO VMWARE FOR THE SOFTWARE LICENSED BY YOU UNDER THIS EULA. GENERAL This EULA is governed by the laws of the State of California, U.S.A. without regard to conflict of law principles. The United Nations Convention for the International Sale of Goods shall not apply. This EULA is the entire agreement between us and supersedes any other communications or advertising with respect to the Software. If any provision of this EULA is held invalid, the remainder of this EULA shall continue in full force and effect. This EULA may be modified only by written agreement signed by authorized representatives of you and VMware. CONTACT INFORMATION If you have any questions about this EULA, or if you want to contact VMware for any reason, please direct all correspondence to: VMware, Inc., 3145 Porter Drive, Building F, Palo Alto, CA 94304, United States of America or email info@vmware.com. VMware is a trademark of VMware, Inc.