General

Please read these terms of use (the “Terms”) carefully before using the websites of VMware, Inc. and its subsidiaries (collectively “VMware”).  By accessing, browsing or using these websites, you acknowledge that you have read, understood and agree to be bound by these Terms and to comply with all applicable laws and regulations, including United States export and re-export control laws and regulations, diversion contrary to United States export laws is prohibited. If you do not agree to these Terms, you are not authorized to use these websites. These Terms govern your use of the websites, any content (such as text, data, information, software, graphics or photographs) that VMware may make available through the websites (collectively, “Materials”) and any services that VMware may provide through the websites (collectively, “Services”). The websites, Materials and Services are referred to in these terms collectively as the “VMware Websites.”

VMware reserves the right to modify these Terms, or change or remove features of VMware Websites. We will notify you of any material change to these Terms by sending you an email or by posting a notice of the modification on VMware Websites. If we make a material change, you may terminate this agreement within 30 days of us sending you the email or posting the notification. Your continued use of VMware Websites after the date of the modification shall be deemed acceptance of the modified Terms or agreement, as applicable. Additional or different Terms, conditions and notices may apply to specific materials, information, products, software or services offered through the VMware Websites. In the event of any conflict, such additional or different terms, conditions and notices will prevail over these Terms. Please see the applicable agreement or notice.

These Terms include the Community Participation Terms of Use, and the terms and conditions set forth in the Community Participation Terms of Use are incorporated herein by reference. These Terms, together with any additional terms to which you agree when using particular elements of the VMware Websites, constitute the entire and exclusive and final statement of the agreement between you and VMware with respect to the subject matter hereof, superseding any prior agreements or negotiations between you and VMware with respect to such subject matter. These Terms and the relationship between you and VMware shall be governed by the laws of the State of California as applied to agreements made, entered into and performed entirely in California by California residents, not withstanding your actual place of residence. All lawsuits arising from or relating to these Terms or your use of the VMware Websites shall be brought in the Federal or State courts located in Santa Clara County, California, and you hereby irrevocably submit to the exclusive personal jurisdiction of such courts for such purpose. The failure of VMware to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. If any provision of these Terms is found by a court of competent jurisdiction to be invalid, you nevertheless agree that the court should endeavor to give effect to the intentions of VMware and you as reflected in the provision, and that the other provisions of these Terms remain in full force and effect. These Terms shall remain in full force and effect notwithstanding any termination of your use of the VMware Websites. These Terms will be interpreted without application of any strict construction in favor of or against you or VMware. These Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by VMware without restriction.

Use of Software

To the extent that VMware provides for the download of proprietary VMware software or open source software from VMware’s Websites (“Software”), such Software is protected by the applicable copyright, patent or other intellectual property rights of either VMware or the third party licensor. Any use of the Software is subject to the terms of the applicable end-user or open source license agreement.

All evaluation Software is provided “AS IS” for evaluation and internal use only.  You may not use evaluation Software for commercial, development or production purposes.  In addition, evaluation Software may be time-disabled and may cease to operate after a period of time.

Trademarks

VMware reserves all rights to its trademarks, service marks and logos, which together with the trademarks, service marks and logos of subsidiaries of VMware will be collectively referred to as “VMware Marks.

No employee or other representative of VMware is authorized to grant permission to use VMware Marks or to provide guidance in their use, unless licensed within a formal written agreement.  Thus, any promise or other representation with respect to VMware Marks by a VMware employee in the absence of a formal written agreement cannot be relied upon.

The VMware Marks are highly valued intellectual property, and therefore VMware will take the necessary steps to guard against dilution and the use of third-party marks which are confusingly similar to VMware Marks or which are likely to cause confusion with VMware Marks.

If a formal written agreement licenses one or more of the VMware Marks, unless the agreement provides other authorization, the use will be in accordance with the guidelines posted at:
http://www.vmware.com/files/pdf/VMware_Corporate_Logo_Guidelines.pdf.

VMware does not object to the use of the VMware Marks (other than logos) to refer specifically to the products of VMware.  However, a purely referential use or nominative fair use of the VMware Marks must be in plain text.  Qualified legal counsel should be consulted in order to distinguish a referential use from an infringing use.

In the United States, registered VMware Marks should be designated by the symbol “®”, while unregistered VMware Marks should be identified by a “™” designation.  The VMware Marks must be used as adjectives, rather than as nouns or verbs.

Linking To VMware Websites

Linking to the VMware Websites (including an internal or subsidiary page of any website comprising a part of the VMware Websites) must be approved in writing by VMware, except a limited, revocable right to create a hyperlink to the website is granted under condition that the website on which the hyperlink resides:

1.      does not utilize content of a VMware Website;
2.      does not utilize a VMware logo;
3.      does not use framing of a VMware Website;
4.      does not misrepresent an affiliation or other relationship with VMware;
5.      does not misrepresent any possible endorsement by VMware;
6.      does not contain content that could be construed as illegal, distasteful, offensive or controversial; and
7.      is promptly modified to delete the hyperlink upon request by VMware.

Copyright

Except where otherwise specified, the contents of the VMware Websites are subject to copyright. Copyright © 1998-2014 VMware, Inc. All rights reserved.

The contents of the VMWare Websites are protected by copyright and intellectual property laws in the United States and other countries as well as by international treaties. You may not copy or distribute any portion of the VMware Websites, except as necessary to view the VMware Websites.

Please direct any questions or comments to VMware

Links to Third Party Sites

Links on the VMware Websites to third-party websites are provided solely for your convenience. If you access those links, you will leave the VMware Websites. VMware does not endorse or make any representations about such third party websites, and VMware is not responsible for the accuracy or reliability of any information, data, opinions, advice or statements made on those websites. VMware does not control those websites, and VMware is not responsible for the contents of any third-party websites, any links contained in third-party websites or any changes or updates to third-party websites.

Anti-Piracy/License Compliance

VMware protects its technology vigilantly and permits others to use it by virtue of license agreements.  The use or distribution of VMware software without permission from VMware is software piracy.  VMware distributes and sells its product through a channel network of distributors and resellers worldwide.  VMware does not distribute or sell its product through unauthorized channels such as auctions, peer-to-peer networking, or through illegal download sites offering key or serial number generators.  If you are contemplating or have obtained VMware software through one of these avenues, you likely will find yourself with pirated software.  Please contact VMware here for assistance with your own or another’s unauthorized use of VMware software.

VMware also understands that some customers may have challenges with managing their software licenses.  In these instances, VMware’s License Compliance team may assist by reviewing deployment records and reconciling them with VMware’s internal entitlement records.  The goal of this program is to educate VMware’s customers on the terms of their licenses with VMware and to bring the entitlement records in line with usage.  Please contact VMware’s License Compliance team with questions or issues about your company’s usage at licensecompliance@vmware.com.

Indemnification

You agree to indemnify, defend and hold harmless VMware, its parents, subsidiaries and other affiliated companies (and the respective officers, directors, employees or agents of any such entities) from and against any and all claims, liabilities, damages, losses, costs, expenses and fees (including reasonable attorneys’ fees) that such parties may incur as a result of or arising from your (or anyone using your account, computer or software’s) use of the VMware Websites or violation of these Terms. VMware reserves the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you and, in such case, you agree to cooperate with VMware’s defense of such claim, and in no event may you agree to any settlement affecting VMware without VMware’s written consent.

Electronic Communications

When you visit the VMware Websites or send e-mails to VMware, you are communicating with VMware electronically. We may respond to you by e-mail or by posting notices on the VMware Websites. You agree that all such notices, disclosures and other communications that VMware provides to you electronically satisfy any legal requirement that such communications be in writing.

United States Government Rights

All VMware products and publications are commercial in nature. The software, publications and software documentation available on the VMware Websites are “Commercial Items,” as that term is defined in 48 C.F.R.§2.101, consisting of “Commercial Computer Software” and “Commercial Computer Software Documentation,” as such terms are defined in 48 C.F.R. §252.227-7014(a)(1) and 48 C.F.R. §252.227-7014(a)(5), and used in 48 C.F.R. §12.211, 48 C.F.R. §12.212 and 48 C.F.R. §227.7202, as applicable. Pursuant to 48 C.F.R. §12.211, 48 C.F.R. §12.212, 48 C.F.R.§252.227-7015, 48 C.F.R. §227.7202 through 227.7202-4, 48 C.F.R. §52.227-19 and other relevant sections of the Code of Federal Regulations, as applicable, VMware’s publications, commercial computer software and commercial computer software documentation are distributed and licensed to United States Government end users with only those rights as granted to all other end users, according to the terms and conditions contained in the license agreements that accompany the products and software documentation and the terms and conditions herein.

Disclaimers

Information on the VMware Websites is not promised or guaranteed to be correct, current or complete, and the VMware Websites may contain technical inaccuracies or typographical errors. VMware assumes no responsibility (and expressly disclaims responsibility) for updating the VMware Websites to keep information current or to ensure the accuracy or completeness of any posted information. Accordingly, you should confirm the accuracy and completeness of all posted information before making any decision related to any services, products or other matters described in the VMware Websites. VMware provides no assurances that any reported problems will be resolved by VMware, even if VMware elects to provide information with the goal of addressing a problem.

ALL INFORMATION, SOFTWARE, PRODUCTS AND SERVICES PROVIDED ON THE VMWARE WEBSITES ARE PROVIDED “AS IS” AND “WITH ALL FAULTS” WITH NO WARRANTIES OR GUARANTEES OF ANY KIND. VMWARE EXPRESSLY DISCLAIMS TO THE FULLEST EXTENT PERMITTED BY LAW ALL EXPRESS, IMPLIED, STATUTORY OR OTHER WARRANTIES, GUARANTEES AND REPRESENTATIONS, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR USE OR PURPOSE, TITLE AND NONINFRINGEMENT OF PROPRIETARY AND INTELLECTUAL PROPERTY RIGHTS, AND WARRANTIES ARISING FROM A COURSE OF DEALING, USAGE OR TRADE PRACTICE. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, VMWARE MAKES NO WARRANTY THAT THE VMWARE WEBSITES WILL MEET YOUR REQUIREMENTS OR THAT THE VMWARE WEBSITES WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR FREE.

Limitation of Liability

IN NO EVENT WILL VMWARE BE LIABLE FOR (A) ANY INDIRECT, SPECIAL, CONSEQUENTIAL, INCIDENTAL, PUNITIVE OR EXEMPLARY DAMAGES OR (B) ANY DAMAGES WHATSOEVER IN EXCESS OF US$100.00, INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOST PROFITS, REVENUES OR SAVINGS, LOSS OR DAMAGE TO DATA OR BUSINESS INTERRUPTION ARISING OUT OF THE USE OF OR INABILITY TO USE THE VMWARE WEBSITES OR ANY MATERIALS, INFORMATION, PRODUCTS OR SERVICES ACCESSED ON OR THROUGH THESE WEBSITES, WHETHER SUCH DAMAGES ARE BASED ON WARRANTY, CONTRACT, TORT, STATUTE OR ANY OTHER LEGAL THEORY AND EVEN IF VMWARE HAS BEEN ADVISED (OR SHOULD HAVE KNOWN) OF THE POSSIBILITY OF SUCH DAMAGES.

Exclusions and Limitations

Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for certain damages. Accordingly, some of the above disclaimers and limitations of liability may not apply to you. To the extent that VMware may not, as a matter of applicable law, disclaim any implied warranty or limit its liabilities, the scope and duration of such warranty and the extent of VMware’s liability shall be the minimum permitted under such applicable law.