Copyright © 1998-2009 VMware, Inc. All rights reserved. VMware software products are protected by one or more U.S. Patent Numbers 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, 6,944,699, 6,961,806, 6,961,941, 7,069,413, 7,082,598, 7,089,377, 7,111,086, 7,111,145, 7,117,481, 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, 7,409,487, 7,412,492, 7,412,702, 7,424,710, 7,428,636, 7,433,951, 7,434,002, 7,447,854, 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, 7,555,747, 7,577,722, 7,581,064, 7,590,982, 7,594,111, 7,603,704, 7,606,868; patents pending.
NOTICE:
Effective immediately, VMware has modified its current End User License Agreement with regard to VMware ESX. Subject to your compliance with the VMWARE ESX END USER LICENSE AGREEMENT, the following Section 9.1(d) VMware View has replaced the entire current VMware View provision of the VMWARE ESX END USER LICENSE AGREEMENT:
Section 9.1(d) VMware View
In the event that you have licensed VMware View, which consists of VMware vSphere with any of the following components: View Manager, View Composer, VMware ThinApp or another Connection Broker, based on a number of concurrent Powered On Desktop Virtual Machine(s), the following definitions and license terms apply.
Additional Definitions:
"Client" is a device which is used to interact and connect to a hosted Desktop Virtual Machine.
"Connection Broker" is a device which (a) accepts incoming connection requests from the Client(s); (b) locates an available hosted Desktop Virtual Machine; and (c) brokers the connection between the Client and the available hosted Desktop Virtual Machine.
"Desktop Virtual Machine" is a hosted Virtual Machine with one of the following operating systems: Windows 95/98, Windows 2000 Professional, Windows XP Professional, Windows Vista Ultimate, Windows Vista Business, or Windows Vista Enterprise.
"Powered On" means a Desktop Virtual Machine which is receiving remote connections from a Client.
"VMware View Additional Module(s)" are proprietary components for which you have paid the applicable license fee that may be used in conjunction with VMware View. Such Additional Module(s) include, but are not limited to View Manager, View Composer, and VMware ThinApp.
Additional License Terms:
VMware grants you a nonexclusive, non-transferable license, without rights to sublicense, to (i) install the Software for the purpose of hosting Desktop Virtual Machines on a Server (ii) use the Software to connect to a hosted Desktop Virtual Machine from any devices provided that the total number of Desktop Virtual Machines which are Powered On, does not exceed the number of Desktop Virtual Machines for which you have paid the applicable license fee, each of which is running a validly licensed copy of the operating system for which the Software is designed as specified in the definition of Desktop Virtual Machine; and (iii) use the Software solely for your own internal information processing services and computing needs.
Notwithstanding anything to the contrary herein, VMware licenses ESX as part of VMware View to you solely for hosting Desktop Virtual Machine(s), except you may run View Manager itself, vCenter Server (Foundation or Standard), another Connection Broker and/or any management and performance monitoring tools used solely for ESX-hosted Desktop Virtual Machine(s) within an operating system of a Server. You are not permitted to use ESX licenses provided as part of VMware View editions (Enterprise or Premier) in conjunction with Additional Module(s) that are not included in the VMware View editions. ESX licenses that are not provided as part of VMware View may be used in conjunction with any of the VMware View Additional Module(s).
Unless otherwise modified herein, the remaining terms of the VMWARE ESX END USER LICENSE AGREEMENT shall remain in full force and effect and in the event of a conflict, the terms in this notice shall control.
