VMware

NOTICE:

Effective immediately, VMware has modified its current policy with regard to VMware Lifecycle Manager. Subject to your compliance with the VMWARE LIFECYCLE MANAGER END USER LICENSE AGREEMENT, the following is added in Section 9.1(b) of the VMWARE LIFECYCLE MANAGER END USER LICENSE AGREEMENT:

Notwithstanding anything to the contrary herein, in the event that you have licensed VMware Lifecycle Manager – Customized Option, VMware grants you, or a designated party of yours, permission to customize certain sets of editable library elements consisting of callback workflows, actions, policies, plug-ins, webviews and information panels, as more fully described in the applicable documentation for the Software (“Library Elements”) that are provided with the VMware Lifecycle Manager - Customized Option Software for furtherance of the purpose as set forth in the applicable documentation for the Software. If the customization is performed by VMware, any and all derivative works of the Software and intellectual property rights thereof shall be owned by VMware, and VMware hereby grants you, at no additional charge, a non-exclusive, non-transferable, perpetual license to the derivative works solely for your internal business operation. If the customization is performed by a non-VMware party, any and all derivative works of the Software and intellectual property rights thereof shall be owned by you, and you hereby grant VMware, at no charge, a non-exclusive, non-transferable, perpetual license to the derivative works for any purpose, including but not limited to the provisioning of professional services. All copies of derivative works completed by VMware or a non-VMware party shall contain VMware’s copyright and other proprietary notices. VMware makes no express or implied warranties with respect to the Software’s derivative works.

Unless otherwise modified herein, the remaining terms of the VMWARE LIFECYCLE MANAGER 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.

This policy change will also be reflected in the next applicable version of the VMWARE LIFECYCLE MANAGER END USER LICENSE AGREEMENT.