Help

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 General License Grant. VMware grants to You a non-exclusive, non-transferable (except as set forth in Section 12.1 (Transfers;
Assignment) license to use the Software and the Documentation during the period of the license and within the Territory, solely for Your
internal business operations, and subject to the provisions of the Product Guide. Unless otherwise indicated in the Order, licenses granted
to You will be perpetual, will be for use of object code only, and will commence on either delivery of the physical media or the date You are
notified of availability for electronic download.
2.2 Third Party Agents. Under the License granted to You in Section 2.1 (General License Grant) 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 Copying Permitted. You may copy the Software and Documentation as necessary to install and run the quantity of copies licensed, but
otherwise for archival purposes only.
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 [e-mail] 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
[e-mail] to request such review and approval) prior to such publication and distribution.
2.5 VMware Tools. You may distribute the VMware Tools to third parties solely when installed in a Guest Operating System within a Virtual
Machine. You are liable for compliance by those third parties with the terms and conditions of this EULA.
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 www.vmware.com/download/open_source.html. These OSS license terms are
consistent with the license granted in Section 2 (License Grant), 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. To the extent the license for any Open Source Software requires VMware to make available to You the corresponding source code
and/or modifications (the "Source Files"), You may obtain a copy of the applicable Source Files from VMware's website at
www.vmware.com/download/open_source.html or by sending a written request, with Your name and address to: VMware, Inc., 3401
Hillview Avenue, Palo Alto, CA 94304, United States of America. All requests should clearly specify: Open Source Files Request, Attention:
General Counsel. This offer to obtain a copy of the Source Files is valid for three years from the date You acquired this Software.
3. RESTRICTIONS; OWNERSHIP.
3.1 License Restrictions. Without VMware’s prior written consent, You must not, and must not allow any third party to: (a) use Software in
an application services provider, service bureau, or similar capacity for third parties, except that You may use the Software to deliver
hosted services to Your Affiliates; (b) disclose to any third party the results of any benchmarking testing or comparative or competitive
analyses of VMware’s Software done by or on behalf of You, except as specified in Section 2.4 (Benchmarking); (c) make available
Software in any form to anyone other than Your employees or contractors reasonably acceptable to VMware and require access to use
Software on behalf of You in a matter permitted by this EULA, except as specified in Section 2.2 (Third Party Agents); (d) transfer or
sublicense Software or Documentation to an Affiliate or any third party, except as expressly permitted in Section 12.1 (Transfers;
Assignment); (e) use Software in conflict with the terms and restrictions of the Software’s licensing model and other requirements
specified in Product Guide and/or VMware quote; (f) except to the extent permitted by applicable mandatory law, modify, translate,
enhance, or create derivative works from the Software, or reverse engineer, decompile, or otherwise attempt to derive source code from
the Software, except as specified in Section 3.2 (Decompilation); (g) remove any copyright or other proprietary notices on or in any copies
of Software; or (h) violate or circumvent any technological restrictions within the Software or specified in this EULA, such as via software
or services.
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, 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. VMware reserves all rights not expressly granted to You. VMware does not transfer any
ownership rights in any Software.
40
VMWARE END USER LICENSE AGREEMENT