<ProductSection>
<Info>Information about the installed software</Info>
<Product>Photon</Product>
<Vendor>VMware Inc.</Vendor>
<Version>1.0</Version>
<FullVersion>1.0</FullVersion>
</ProductSection>
<EulaSection>
<Info>End User License Agreement</Info>
<License msgid="eula">
VMWARE END USER LICENSE AGREEMENT FOR PHOTON OS
IMPORTANT-READ CAREFULLY: BY DOWNLOADING, INSTALLING, OR USING THE PROGRAM, YOU (THE
INDIVIDUAL OR LEGAL ENTITY) AGREE TO BE BOUND BY THE TERMS OF THIS END USER LICENSE
AGREEMENT (“EULA”). IF YOU DO NOT AGREE TO THE TERMS OF THIS EULA, YOU MUST NOT DOWNLOAD,
INSTALL, OR USE THE PROGRAM, AND YOU MUST DELETE OR RETURN THE UNUSED PROGRAM TO THE
VENDOR FROM WHICH YOU ACQUIRED IT WITHIN THIRTY (30) DAYS.
1. DEFINITIONS.
1.1 “Documentation” means that documentation that is generally provided to You by
VMware with the Program, as revised by VMware from time to time, and which may include end
user manuals, operation instructions, installation guides, release notes, and on-line help
files regarding the use of the Program.
1.2 “GPL v2” means the GNU General Public License version 2 the terms of which are
available at http://www.gnu.org/licenses/old-licenses/gpl-2.0.en.html.
1.3 “Intellectual Property Rights” means all worldwide intellectual property rights,
including without limitation, copyrights, trademarks, service marks, trade secrets, know
how, inventions, patents, patent applications, moral rights and all other proprietary
rights, whether registered or unregistered.
1.4 “Open Source Software” or “OSS” means software components embedded in the Program
and provided under separate license terms, which can be found either in the
open_source_licenses.txt file (or similar file) provided with the Program or at the Photon
OS source repository at https://github.com/vmware/photon.
1.5 “Program” means the computer programs included in the object code version of
Photon OS.
1.6 “VMware” means VMware, Inc., a Delaware corporation, if You are purchasing
services for use in the United States and VMware International Limited, a company
organized and existing under the laws of Ireland, for all other purchases.
2. LICENSE GRANT.
2.1 General License Grant. VMware grants to You a license to use the Program pursuant
to the terms of the GPL v2.
2.2 Open Source Software. Notwithstanding anything herein to the contrary, Open
Source Software is licensed to You under such OSS’s own applicable license terms, which
can be found in the open_source_licenses.txt file, or the corresponding source files for
the Program available at https://github.com/vmware/photon. To the extent the license for
any Open Source Software requires VMware to make available to You the corresponding source
code and/or modifications (the "Source Files"), You may obtain a copy of the applicable
Source Files from the Photon OS source repository at https://github.com/vmware/photon or
by sending a written request, with Your name and address to: VMware, Inc., 3401 Hillview
Avenue, Palo Alto, CA 94304, United States of America. All requests should clearly
specify: Open Source Files Request, Attention: General Counsel. This offer to obtain a
copy of the Source Files is valid for three years from the date You acquired this Program.
2.3 Copying of Documentation Permitted. You may copy the Documentation as necessary to
install, run and use the Program, but otherwise for archival purposes only.
2.4 Restrictions. You are not authorized to redistribute modified versions of the
Program with VMware trademarks and logos.
2.5 Intellectual Property in Trademarks and Documentation. Notwithstanding the terms
applicable to the Program, VMware and its licensors retain all ownership in VMware
trademarks and the Documentation, including all modifications, enhancements and derivative
works thereof, and all Intellectual Property Rights therein. Your rights to use the
Documentation and VMware trademarks are limited to those expressly granted in this EULA,
and no other rights are implied.
3. SUPPORT AND SUBSCRIPTION SERVICES. VMware does not provide any support or
subscription services for the Program under this EULA.
4. DATA PRIVACY. You agree that VMware may process technical and related information
about Your use of the Program which may include internet protocol address, hardware
identification, operating system, application software, peripheral hardware, and non-
personally identifiable Program usage statistics to facilitate the provisioning of online
services and may transfer such information to other companies in the VMware worldwide
group of companies from time to time. To the extent that this information constitutes
personal data, VMware shall be the controller of such personal data. To the extent that it
acts as a controller, each party shall comply at all times with its obligations under
applicable data protection legislation.
5. WARRANTY DISCLAIMER & LIMITATION OF LIABILITY
5.1 Limitation of Liability. IN ADDITION TO ANY AND ALL LIMITATION OF LIABILITY IN THE GPL
V2, IN RESPECT TO THE DOCUMENTATION AND OTHERWISE, TO THE MAXIMUM EXTENT MANDATED BY LAW,
IN NO EVENT WILL VMWARE AND ITS LICENSORS BE LIABLE FOR ANY LOST PROFITS OR BUSINESS
OPPORTUNITIES, LOSS OF USE, LOSS OF REVENUE, LOSS OF GOODWILL, BUSINESS INTERRUPTION, LOSS
OF DATA, OR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES UNDER ANY THEORY
OF LIABILITY, WHETHER BASED IN CONTRACT, TORT, NEGLIGENCE, PRODUCT LIABILITY, OR
OTHERWISE. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF
LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE PRECEDING LIMITATION MAY NOT APPLY
TO YOU. VMWARE’S AND ITS LICENSORS’ LIABILITY UNDER THIS EULA WILL NOT, IN ANY EVENT,
REGARDLESS OF WHETHER THE CLAIM IS BASED IN CONTRACT, TORT, STRICT LIABILITY, OR
OTHERWISE, EXCEED USD$100. THE FOREGOING LIMITATIONS SHALL APPLY 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.
5.2 Further Limitations. VMware’s licensors shall have no liability of any kind under
this EULA and VMware’s liability with respect to any third party software embedded in the
Program shall be subject to Section 5.1 (Limitation of Liability). You may not bring a
claim under this EULA more than eighteen (18) months after the cause of action arises.
5.3 Documentation Warranty Disclaimer: TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE
LAW, VMWARE AND ITS LICENSORS MAKE NO EXPRESS WARRANTIES UNDER THIS EULA IN RESPECT TO THE
DOCUMENTATION OR OTHERWISE, AND DISCLAIM ALL IMPLIED WARRANTIES OF MERCHANTABILITY,
FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT, AND ANY WARRANTY ARISING BY
STATUTE, OPERATION OF LAW, COURSE OF DEALING OR PERFORMANCE, OR USAGE OF TRADE. VMWARE AND
ITS LICENSORS DO NOT WARRANT THAT THE DOCUMENTATION WILL BE FREE FROM DEFECTS OR THAT IT
WILL MEET YOUR REQUIREMENTS.
6. COMPLIANCE WITH LAWS; EXPORT CONTROL; GOVERNMENT REGULATIONS. Each party shall
comply with all laws applicable to the actions contemplated by this EULA. You acknowledge
that the Program is of United States origin, is provided subject to the U.S. Export
Administration Regulations, may be subject to the export control laws of the applicable
territory, and that diversion contrary to applicable export control laws is prohibited.
You represent that (1) you are not, and are not acting on behalf of, (a) any person who is
a citizen, national, or resident of, or who is controlled by the government of any country
to which the United States has prohibited export transactions; or (b) 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 (2) you
will not permit the Program to be used for, any purposes prohibited by law, including, any
prohibited development, design, manufacture or production of missiles or nuclear, chemical
or biological weapons. The Program and Documentation are deemed to be “commercial computer
software” and “commercial computer software documentation”, respectively, pursuant to
DFARS Section 227.7202 and FAR Section 12.212(b), as applicable. Any use, modification,
reproduction, release, performing, displaying or disclosing of the Program and
Documentation by or for the U.S. Government shall be governed solely by the terms and
conditions of this EULA.
11
12
12.5
12.6
7. GOVERNING LAW. This EULA is governed by the laws of the State of California,
United States of America (excluding its conflict of law rules), and the federal laws of
the United States. To the extent permitted by law, the state and federal courts located in
Santa Clara County, California will be the exclusive jurisdiction for disputes arising out
of or in connection with this EULA. The U.N. Convention on Contracts for the International
Sale of Goods does not apply.
Photon OS 1.0 GA EULA_2016May19
</License>
</EulaSection>
<AnnotationSection>
<Info>Description of the Product</Info>
<Annotation>This OVA provides a minimal installed profile of PhotonOS.
Default password for root user is changeme. However user will be prompted to change the password during first login.
</Annotation>
</AnnotationSection>