Amy Horn


Vmware Eula Agreement

The Software contains third-party products, including, but not limited to, the Microsoft WinPE Developer Tool and Microsoft® Windows® Preinstallation Environment, version 2005 (“Products”), collectively referred to as “Software”. In addition to the license agreement provided in connection with the Software, you agree to the following additional license terms and restrictions with respect to your use of the Software: 6. GENERALS. This ITA is subject to the laws of the State of California and the United States of America, without regard to conflict of laws rules. The United Nations Convention on the International Sale of Goods does not apply. This EULA is the entire agreement between us and supersedes the terms of orders and other communications or advertisements regarding the Software. If one provision of the EUA is invalidated, the rest of the EUA will remain fully in force and effective. This ITA may only be modified by a written agreement signed by authorized representatives of you and VMware. 8.1 Comprehensive Agreement. This agreement sets forth all of VMware`s liability and your exclusive appeal with respect to the Software and supersedes the terms of orders and other communications or advertisements regarding the Software. You acknowledge that this Agreement is a complete statement of the agreement between you and VMware regarding the Software and that there are no other prior or simultaneous agreements, promises, assurances, or descriptions regarding the Software.

Although a customer may use VMware to provide hosted services to third parties, there are many restrictions on the functions that can be transmitted without VMware`s written consent. Third parties may not use the Software as service bureaus, application service providers, or similar capabilities, and Licensee may not transfer or sublicense any Software without VMware`s consent. In addition, some benchmark test results cannot be disclosed either externally or to self-engineering the software. The license agreement also limits circumvention of security protocols also covered by the Digital Millennium Copyright Act (“DMCA”). See VMware End User License Agreement (“EULA”), sections 3.1 and 17 U.S.C §1201. 3.4 GPL Software. You may redistribute and/or modify the GPL software under the terms of the GPL. You may obtain a copy of the source code corresponding to the GPL software binaries (the “GPL Source Files”) by downloading the GPL source files from the VMware website under or by sending a request with your name and address to VMware at the address indicated under the title. at the end of the term of the license. This provision requires customer to retain records for up to two years after the expiration of the license term and allows VMware to perform a software audit to ensure compliance with the license agreement.

3.3 Restrictions. . . .

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