VMWARE END USER LICENSE AGREEMENT

Notice:
This End User License Agreement (“EULA” or “Agreement”) is a CONTRACT between you (either an individual or a single entity) and VMware, Inc. (VMware), which covers your use of the View Mobile Client for iPad and related software components, which may include associated media, printed materials, and "online" or electronic documentation. The View Mobile Client for iPad, and all such software and materials are referred to herein as the "Software." If you do not agree to the terms of this EULA, then do not install or use the Software. By explicitly accepting this EULA, however, or by installing, copying, downloading, accessing, or otherwise using the Software, you are acknowledging and agreeing to be bound by the following terms.
1.         DEFINITIONS. 

(a)  “Software” shall mean the version of VMware’s software, in object form only, excluding any Open Source Software provided with such software, and the media and Documentation provided by VMware to Licensee and for which Licensee is granted a use license pursuant to this Agreement.

(b)  “Documentation” shall mean the printed or online written reference material furnished to Licensee in conjunction with the Software, including, without limitation, instructions, and end user guides.

            (c)  “Intellectual Property Rights” shall mean all intellectual property rights, including, without limitation, patent, copyright, trademark, and trade secret.

(d)  “Open Source Software” means various open source software components provided with the Software that are licensed to you under the terms of the applicable license agreements included with such open source software components or other materials for the Software. 

(e)  “Updates” shall mean a modification, error correction, bug fix, new release, or other update to or for the Software.

2.         LICENSE GRANT, USE AND OWNERSHIP

(a)  Limited License.  Subject to the terms and conditions of this Agreement, VMware grants to Licensee a non-exclusive, non-transferable license (without the right to sublicense) (i) to use the Software in accordance with the Documentation on your iPhone or iPad device solely for the purpose of View Mobile Client for iPad, and (ii) to use the Documentation provided with the Software in support of Licensee’s authorized use of the Software. 

(b)  Restrictions.  Licensee shall not copy or use the Software (including the Documentation) except as expressly permitted in this Agreement.  Licensee will not, and will not permit any third party to, sublicense, rent, copy, modify, create derivative works of, translate, reverse engineer, decompile, disassemble, or otherwise reduce to human perceivable form any portion of the Software or accompanying Documentation. In no event shall Licensee use the Software for Licensee’s product development or any other commercial purpose..    

(c)  Ownership.  VMware shall own and retain all right, title and interest in and to the Intellectual Property Rights in the  Software and any derivative works thereof, subject only to the limited license expressly set forth in Section 2(a) hereof.  Licensee does not acquire any other rights, express or implied, in the Software.  ALL RIGHTS NOT EXPRESSLY GRANTED HEREUNDER ARE RESERVED TO VMWARE.

            (d)  No Support Services.  Neither VMware nor Apple is under any obligation to support the Software in any way or to provide any Updates to Licensee under this Agreement.  In the event VMware, in its sole discretion, supplies any Update to Licensee, such Update shall be deemed Software hereunder and shall be subject to the terms and conditions of this Agreement.

            (e)  Third-Party Software.  Licensee acknowledges that Licensee is responsible for obtaining and complying with any licenses necessary to operate  third-party software that the Software enables you to run.

(f)  Open Source Software.  The terms and conditions of this Agreement shall not apply to any Open Source Software accompanying the Software.  Any such Open Source Software is provided under the terms of the open source license agreement or copyright notice accompanying such Open Source Software or in the open source licenses file accompanying the Software.

3. TERM AND TERMINATION.  VMware may terminate this EULA immediately and without notice if you fail to comply with any term of this EULA.  In the event of termination of this EULA, you must immediately cease using and will return to VMware or at VMware’s request, destroy all copies of the Software and Documentation and all other tangible items in your possession or control that are proprietary to or contain Confidential Information.  From time to time, VMware may change the terms of this EULA.  VMware will notify you of such change.  Your continued use of the Software will indicate your agreement to the change. The rights and obligations of the parties set forth in Sections 2(b) 2(c), 2(d), 2(e), 2(f), 3, 4, 5, 6 and 7 shall survive termination of this EULA for any reason.

4. INDEMNIFICATION.  If a third party makes a claim against either party that the Software or your possession and use of the Software infringes that third party’s intellectual property rights, Apple is not responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim.

5. LIMITATION OF LIABILITY.  IT IS UNDERSTOOD THAT THE SOFTWARE IS PROVIDED WITHOUT CHARGE FOR LIMITED PURPOSES.  ACCORDINGLY, THE TOTAL LIABILITY OF VMWARE AND ITS SUPPLIERS ARISING OUT OF OR RELATED TO THIS EULA SHALL NOT EXCEED THE LICENSE FEES, IF ANY, PAID BY YOU FOR THE SOFTWARE LICENSED TO YOU UNDER THIS EULA.  IN NO EVENT SHALL VMWARE OR ITS SUPPLIERS HAVE LIABILITY FOR ANY INDIRECT, INCIDENTAL, SPECIAL, OR CONSE­QUEN­TIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, OR LOSS OF BUSINESS INFORMATION), HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, EVEN IF VMWARE AND ITS SUPPLIERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.  THESE LIMITATIONS SHALL APPLY NOT­WITH­STANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY.

APPLE SHALL HAVE NO WARRANTY OBLIGATION WAHTSOEVER WITH RESPECT TO THE SOFTWARE ANDNO OBLIGATION TO ADDRESS ANY OF YOUR CLAIMS OR CLAIMS OF ANY THIRD PARTY RELATING TO THE SOFTWARE OR YOUR POSSESSION AND/OR USE OF THE SOFTWARE, INCLUDING, BUT NOT LIMITED TO: (I) PRODDUCT LIABILITY CLAIMS; (II) ANY CLAIM THAT THE SOFTWARE FAILS TO CONFORM TO ANY APPLICABLE LEGAL OR REGULATORY REQUIREMENT; AND (III) CLAIMS ARISING UNDER CONSUMER PROTECTION OR SIMILAR LEGISLATION.

6.         WARRANTY DISCLAIMER.  IT IS UNDERSTOOD THAT THE SOFTWARE, DOCUMENTATION, AND ANY UPDATES MAY CONTAIN ERRORS AND ARE PROVIDED FOR LIMITED PURPOSES ONLY.  THE SOFTWARE, THE DOCUMENTATION, AND ANY UPDATES ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE.  VMWARE AND ITS SUPPLIERS SPECIFICALLY DISCLAIM ALL IMPLIED WARRANTIES OF MERCHANTABILITY, NONINFRINGEMENT, AND FITNESS FOR A PARTICULAR PURPOSE.  THE FOREGOING LIMITATIONS SHALL APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, REGARDLESS OF WHETHER VMWARE OR ITS LICENSORS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND REGARDLESS OF WHETHER ANY REMEDY FAILS OF ITS ESSENTIAL PURPOSE.

7.         OTHER PROVISIONS

(a)  Governing Law.  This Agreement, and all disputes arising out of or related thereto, shall be governed by and construed under the laws of the State of California without reference to conflict of laws principles.  All such disputes shall be subject to the exclusive jurisdiction of the state and federal courts located in Santa Clara County, California, and the parties agree and submit to the personal and exclusive jurisdiction and venue of these courts.

(b)  Assignment.  Licensee shall not assign this Agreement or any rights or obligations hereunder, directly or indirectly, by operation of law, merger, acquisition of stock or assets, or otherwise, without the prior written consent of VMware.  Subject to the foregoing, this Agreement shall inure to the benefit of and be binding upon the parties and their respective successors and permitted assigns.
(c)  Export Regulations.  The Software is of United States origin and is provided subject to the U.S. Export Administration Regulations.  Diversion contrary to U.S. law is prohibited.  Without limiting the foregoing, you agree that (1) you are not, and are not acting on behalf of, any person who is a citizen, national, or resident of, or who is controlled by the government of, Cuba, Iran, North Korea, Sudan, or Syria, or any other country to which the United States has prohibited export transactions; (2) you are not, and are not acting on behalf of, any person or entity listed on the U.S. Treasury Department list of Specially Designated Nationals and Blocked Persons, or the U.S. Commerce Department Denied Persons List or Entity List; and (3) you will not use the Software for, and will not permit the Software to be used for, any purposes prohibited by law, including, without limitation, for any prohibited development, design, manufacture or production of missiles or nuclear, chemical or biological weapons.
(d)  Entire Agreement.  This is the entire agreement between the parties relating to the subject matter hereof and all other terms are rejected.  No waiver or modification of this Agreement shall be valid unless in writing signed by each party.  The waiver of a breach of any term hereof shall in no way be construed as a waiver of any term or other breach hereof.  If any provision of this Agreement is held by a court of competent jurisdiction to be contrary to law the remaining provisions of this Agreement shall remain in full force and effect.

(e)  Acknowledgments.  VMware and you acknowledge and agree that (i) Apple is not a party to this Agreement and is not responsible for the Software and the content thereof, and (ii) that Apple, and Apple’s subsidiaries are third party beneficiaries of this Agreement, and that upon your acceptance of the terms and conditions of this Agreement, Apple will have the right (and will be deemed to have accepted the right) to enforce this Agreement against you as a third party beneficiary thereof. 

8.         CONTACT INFORMATION. If you have any questions about this Agreement, or if you want to contact VMware for any reason, please direct all correspondence to: VMware, Inc., 3401 Hillview Avenue, Palo Alto, CA 94304, United States of America or email info@vmware.com or contact us at 1-877-486-9273.   

Copyright © 1998-2012 VMware, Inc. All rights reserved. VMware software products are protected by one or more U.S. Patent Numbers  D617,808, D617,809, D617,810, D617,811, 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, 6,883,095, 6,940,980, 6,944,699, 6,961,806, 6,961,941, 6,970,562, 7,017,041, 7,055,032, 7,065,642, 7,069,413, 7,069,435, 7,082,598, 7,089,377, 7,111,086, 7,111,145, 7,117,481, 7,149,310, 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, 7,386,720, 7,409,487, 7,412,492, 7,412,702, 7,424,710, 7,428,636, 7,433,951, 7,434,002, 7,447,854, 7,447,903, 7,467,067, 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, 7,543,301, 7,555,747, 7,565,527, 7,571,471, 7,577,722, 7,581,064, 7,590,715, 7,590,982, 7,594,111, 7,596,594, 7,596,697, 7,599,493, 7,603,704, 7,606,868, 7,620,523, 7,620,766, 7,620,955, 7,624,240, 7,630,493, 7,636,831, 7,657,659, 7,657,937, 7,665,088; 7,672,814, 7,680,919, 7,689,986, 7,693,996, 7,694,101, 7,702,843, 7,707,185, 7,707,285, 7,707,578, 7,716,446, 7,734,045, 7,734,911, 7,734,912, 7,735,136, 7,743,389; 7,761,917; 7,765,543; 7,774,391; 7,779,091; 7,783,779; 7,783,838; 7,793,279; 7,797,748; 7,801,703, 7,802,000; 7,802,248; 7,805,676; 7,814,495; 7,823,145; 7,831,661; 7,831,739; 7,831,761; 7,831,773; 7,840,790; 7,840,839; 7,840,993; 7,844,954; 7,849,098; 7,853,744; 7,853,960; 7,856,419; 7,856,531; 7,856,637; 7,865,663; 7,869,967; 7,886,127; 7,886,148; 7,886,346; 7,890,754; 7,895,437; 7,908,646; 7,912,951; 7,921,197; 7,925,850; 7,933,981; 7,934,017; 7,934,020; 7,941,401; 7,941,470; 7,941,827; 7,945,436; 7,945,761; 7,945,908; 7,945,958; 7,958,558; 7,962,647; 7,966,315; 7,966,615; 7,970,938; 7,971,015; 7,971,047; 7,971,182; 7,975,165; 7,984,254; 7,984,264; 7,984,304; 8,001,083; 8,001,322; 8,005,787; 8,006,043; 8,010,667; 8,010,701; 8,013,859; 8,015,367; 8,015,388; 8,019,861; 8,024,506; 8,024,779; 8,028,071; 8,037,032; 8,037,227; 8,037,280; 8,046,468; 8,056,076; 8,060,342; 8,060,722; 8,060,875; 8,060,877; 8,060,883; 8,069,250; 8,074,045; 8,086,822; 8,095,525; 8,095,929; 8,095,931; 8,099,607; 8,099,568; 8,117,410; 8,127,014; 8,127,107; 8,127,301; 8,141,075; 8,141,163; 8,145,752; 8,145,763; 8,145,836; 8,146,082; 8,151,263; 8,166,107; 8,166,211; 8,166,253; 8,166,349; 8,166,474; 8,166,475; 8,166,554; 8,171,033; 8,171,140; 8,171,141; 8,171,142; 8,171,278; 8,171,338; 8,171,345; 8,171,482; 8,171,488; 8,171,491; 8,171,548; 8,176,493; 8,180,729; patents pending.