NOTICE: Effective Septemeber 1, 2008
Effective immediately, VMware has modified the License Grant and Restrictions of its software products. Subject to your compliance with the VMWARE MASTER END USER LICENSE AGREEMENT, Sections 3.1, 3.3 and 3.6 have been replaced in their entirety with the following (changes highlighted):
3.1 License. The Software is licensed, not sold. Subject to the terms of this EULA, VMware hereby grants you a non-exclusive, non-transferable license, without rights to sublicense, to use the object code of the Software for the purpose as set forth in the applicable documentation for the Software and to the extent permitted by your payment of applicable license fees, if any, under a VMware approved licensing model and/or your Software License Key subject to the software product specific terms specified in this EULA, the technical restrictions of the Software and/or any additional licensing terms specified by VMware via product documentation, notification and/or policy change posted at www.vmware.com. Your use of the Software is limited to the country where you’ve been invoiced for purchase of the Software. However, if you’ve been invoiced within any of the European Union member states, you may deploy the Software in any of the member states without restriction, subject to the terms of the approved licensing model and the terms of this EULA. Depending upon the model utilized to compute the applicable license fees paid by you to use the Software (whether per Processor, per Virtual Machine, per user, or any other VMware approved licensing model), an applicable Software License Key may limit your usage of the Software accordingly. You may use the documentation accompanying the Software in connection with permitted uses of the Software. If the Software is a version that you have converted or exchanged from a valid licensed prior version, you agree that by using the Software you will no longer use the prior version. VMware reserves the right to require the certification of the destruction of such previous version of the Software.
3.3 Restrictions. You may not (i) sell, lease, license, sublicense, distribute 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 (except Designated Administrative Access) without VMware’s prior written consent; (iii) modify or create derivative works based upon the Software; or (iv) create, develop, license, install, use, or deploy any third party software or services to circumvent, enable, modify or provide access, permissions or rights which violate the technical restrictions of the Software, any additional licensing terms provided by VMware via product documentation, notification, and/or policy change posted at www.vmware.com , and the terms of this EULA. 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. Before you exercise any rights that you believe to be entitled to based on mandatory law, you shall provide VMware with 30 days prior written notice at info@vmware.com and provide all reasonably requested information to allow VMware to assess your claim and, at VMware’s sole discretion, to provide alternatives that reduce any adverse impact on VMware’s intellectual property or other rights. You may use the Software to conduct internal performance testing and benchmarking studies, the results of which you (and not unauthorized third parties) may publish or publicly disseminate; provided that VMware has reviewed and approved of the methodology, assumptions and other parameters of the study. Please contact VMware at benchmark@vmware.com to request such review.
3.6 Licenses required for third-party software. The Software enables you to run multiple instances of third-party guest operating systems and application programs. You are responsible for obtaining and complying with any licenses necessary to operate any such third-party software, including Guest Operating Systems and/or application programs.
Unless otherwise modified herein, the remaining terms of the VMWARE MASTER 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 MASTER END USER LICENSE AGREEMENT.
