END USER LICENSE AGREEMENT FOR VMWARE(R) PLAYER VMWARE, INC. LICENSES THIS DESKTOP SOFTWARE PRODUCT TO YOU SUBJECT TO THE TERMS CONTAINED IN THIS END USER LICENSE AGREEMENT ("EULA"). READ THE TERMS OF THIS EULA CAREFULLY. BY INSTALLING, COPYING OR OTHERWISE USING THE SOFTWARE (AS DEFINED BELOW), YOU AGREE TO BE BOUND BY THE TERMS OF THIS EULA. IF YOU DO NOT AGREE WITH THE TERMS OF THIS EULA, DO NOT DOWNLOAD, INSTALL, COPY OR USE THE SOFTWARE. NOTICE TO CUSTOMER 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. This VMware software product is designed for installation and use on a personal computer only. You may not install or use this VMware software product on a server. DEFINITIONS VMware Player is a Desktop software product (the "VMware Desktop Software") and includes Open Source Software components. This software package also includes additional modules ("Additional Modules") that may be used in conjunction with the VMware Desktop Software, subject to the acceptance of any applicable additional license terms. The VMware Desktop Software enables you to run one or more instances of operating systems ("Guest Operating Systems") and applications on a single personal computer. In this EULA, the VMware Desktop Software, associated media, printed materials, online or electronic documentation and the Additional Modules are collectively referred to as the "Software". "Open Source Software" means various open source software components licensed under the terms of applicable open source license agreements included in the materials relating to such software. OPEN SOURCE SOFTWARE The Open Source Software is composed of individual software components, each of which has its own copyright and its own applicable license conditions. You must review the licenses within the individual packages to understand your rights under them. The licenses can be found in the open_source_licenses.txt file, other materials accompanying the software package, the documentation or corresponding source files available at http://www.vmware.com/download/open_sources.html. Copyrights to the Open Source Software are held by the copyright holders indicated in the copyright notices in the corresponding source files or in the open_sources_licenses.txt file or other materials accompanying the software package. 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) use the Software (in object code form only) solely for your own internal information processing services and computing needs; (ii) modify the Software skins as permitted by VMware for your own use; and (iii) use the documentation accompanying the Software in connection with permitted uses of the Software. Subject to the above, 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. 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. 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. DISTRIBUTING VMWARE PLAYER If you are interested in distributing VMware Player electronically or via internal Web site, CD or other media, or are interested in placing an "Includes VMware Player" logo on your printed material, please send a request to player_distribution@vmware.com and we will provide you with a copy of our Distribution Agreement for your signature. The Distribution Agreement must be signed by yourself and VMware prior to distributing VMware Player or using the "Includes VMware Player" logo. LICENSES REQUIRED FOR THIRD-PARTY SOFTWARE The Software allows multiple operating systems and applications to run on a single personal computer. You are responsible for obtaining any licenses necessary to operate any such third-party software. PROPRIETARY RIGHTS RESERVED BY VMWARE VMware retains all right, title, and interest in and to the Software 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, distribute or otherwise transfer in whole or in part the Software 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 without VMware's prior written consent; (iii) modify the Software, except with respect to the Software skins as expressly permitted in the License section of this EULA; (iv) create derivative works based upon the Software; (v) permit another individual or entity to access or use any software running in a virtual machine using the Software; (vi) integrate or use the Software with any other software, plug-in or enhancement to convert or transform the VMware virtual machine format into other virtual machine formats; or (vii) 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. Except to the extent expressly permitted by applicable law, and to the extent that VMware is not permitted by that applicable law to exclude or limit the following rights, you may not decompile, disassemble, reverse engineer, or otherwise attempt to derive source code from the Software, in whole or in part. You may not conduct performance or benchmark studies without VMware's prior written consent. VMware will consider written requests to perform and/or publish performance and benchmark studies. All requests by you (and not unauthorized third parties) to publish performance and benchmark results require VMware's review and approval of the methodology, assumptions, and other parameters of the study. Please contact VMware at benchmark@vmware.com for more information. TERMINATION VMware may terminate this EULA if you fail to comply with any term of this EULA. In the event of termination, you must cease all use of the Software and destroy all copies of the Software. In addition you must remove all copies of the Software from the personal 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. NO WARRANTY No Warranty. The Software is being provided to you on an "AS IS" basis, without any technical support, and VMware makes no warranty of any kind regarding its use or performance. VMWARE DOES NOT AND CANNOT WARRANT THE PERFORMANCE OR RESULTS YOU MAY OBTAIN BY USING THE SOFTWARE. VMWARE MAKES NO WARRANTIES, EXPRESS OR IMPLIED, AS TO NONINFRINGEMENT OF THIRD PARTY RIGHTS, MERCHANTABILITY, OR FITNESS FOR ANY PARTICULAR PURPOSE. LIMITATION OF LIABILITY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, 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 DIRECT, 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 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. THE FOREGOING LIMITATIONS SHALL APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, REGARDLESS OF WHETHER VMWARE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND REGARDLESS OF WHETHER ANY REMEDY FAILS OF ITS ESSENTIAL PURPOSE. GENERAL This EULA is governed by the laws of the State of California and the United States of America, 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 the terms of any purchase orders and 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, Palo Alto, CA 94304, United States of America or email info@vmware.com. VMware is a registered trademark of VMware, Inc. in the United States and/or various jurisdictions. Redistributing for ubuntu: -------------------------- In reference to the distribution agreement between VMware and Canonical allows VMware Player to be distributed by Canonical. There were some interpretation issues that have been clarified: VMware Player can be re-distributed by Ubuntu mirror sites which allows the VMware Debian installer packages to placed within the Ubuntu Multiverse repository.