@@ -1,51 +1,88 @@

+	                           VMWARE, INC. 

+                         BETA LICENSE AGREEMENT

-VMWARE END USER LICENSE AGREEMENT FOR PHOTON OS

+Note: BY CLICKING "I AGREE," ACCESSING, DOWNLOADING, INSTALLING, UPLOADING, COPYING OR USING THE BETA SOFTWARE, YOU CONCLUDE AND AGREE TO THIS BETA LICENSE AGREEMENT ("AGREEMENT") IN A LEGALLY BINDING MANNER WITH VMWARE, INC., 3401 HILLVIEW AVENUE, PALO ALTO, CA 94304, USA ("VMware"). IF YOU HAVE SPECIFIED IN CONNECTION WITH THE REGISTRATION PROCESS FOR THIS SOFTWARE BETA TEST PROGRAM THAT YOU ARE ACTING ON BEHALF OF A COMPANY OR OTHER ORGANIZATION, YOU REPRESENT THAT YOU ARE AUTHORIZED TO LEGALLY BIND SUCH ORGANIZATION AND THAT YOU CONCLUDE THE AGREEMENT ON BEHALF OF SUCH ORGANIZATION. IN THE FOLLOWING, THE TERMS "YOU" AND "LICENSEE" SHALL REFER, JOINTLY AND SEVERALLY, TO YOU INDIVIDUALLY AND ANY ORGANIZATION ON WHOSE BEHALF YOU ACT.

-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.

+IF YOU DO NOT AGREE TO THE TERMS OF THIS BETA LICENSE AGREEMENT, THEN DO *NOT* CLICK "I AGREE," ACCESS, DOWNLOAD, INSTALL, UPLOAD, COPY OR USE THE BETA SOFTWARE.

 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.

+       (a)  "Beta Software" shall mean the beta version of VMware's software and the media and Documentation provided by VMware to Licensee and for which Licensee is granted a use license pursuant to this Agreement.  The Beta Software will be provided in object form only.

+       

+       (b)  "Documentation" shall mean the printed or online written reference material furnished to Licensee in conjunction with the Beta Software, including, without limitation, instructions, beta testing guidelines, and end user guides.

+       

+       (c)  "Intellectual Property Rights" shall mean all intellectual property rights, including, without limitation, patent, copyright, trademark, and trade secret, recognized in any jurisdiction worldwide, whether perfected or not, and any similar and other proprietary rights.

+       

+       (d)  "Open Source Software" means code that is provided with the Beta Software and identified as open source code or otherwise as being subject to open source license terms.

+       

+       (e)  "Updates" shall mean a modification, error correction, bug fix, new release, or other update to or for the Beta 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, revocable (at any time and for any reason, at VMware's sole discretion), royalty-free, non-transferable, non-assignable license (without the right to sublicense):

+

+             (i) to use the Beta Software in accordance with the Documentation solely for purposes of (A) internal testing and evaluation to determine whether or not to license generally available commercial versions of the Beta Software if such versions ever become available, and (B) internal development to create interoperability between the Beta Software and Licensee products, 

+            

+            (ii) to use the Documentation provided with the Beta Software in support of Licensee's authorized use of the Beta Software, and

+           

+            (iii) to copy Beta Software for Licensee's archival or backup purposes, provided that all titles and trademarks, copyright, and restricted rights notices are reproduced on such copies.

+       

+       (b)  Evaluation Feedback. The purpose of this limited license is the testing and evaluation of the Beta Software and Documentation and development by Licensee of Licensee products that interoperate with the Beta Software.  In furtherance of this purpose, Licensee shall provide feedback to VMware concerning the functionality and performance of the Beta Software from time to time as reasonably requested by VMware, including, without limitation, identifying potential errors and improvements (collectively the "Feedback").  Licensee will provide Feedback in a manner that is mutually agreeable to the parties.  VMware may use Feedback, without restriction in any manner now known or in the future conceived, to improve or enhance its products and, accordingly, and you hereby grant to VMware a non-exclusive, perpetual, irrevocable, royalty-free, transferable, worldwide right and license, with the right to sublicense (i) to use, reproduce, disclose, distribute, modify, prepare derivative works of and otherwise exploit the Feedback and other information you provide to VMware under this Agreement, and (ii) to make, use, sell, offer to sell, import and export any product or service that incorporates the Feedback and other information you provide to VMware under this Agreement.

+       

+       (c)  Restrictions.  Licensee shall not disclose, provide, or disseminate in any manner the Beta Software (including the Documentation) or Confidential Information to any third party, including but not limited to its partners, affiliates or subsidiaries.  Except to the extent contrary to any applicable laws, 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 Beta Software or accompanying Documentation.  Without limiting the generality of the foregoing, Licensee shall not use the Beta Software for Licensee's product development or any other commercial purpose, including, but not limited to sales or marketing activities, except as expressly permitted in this Agreement.  The Beta Software and all performance data and test results, including without limitation, benchmark test results (collectively "Performance Data"), relating  to the Beta Software are the Confidential Information of VMware, and will be treated in accordance with the terms of Section 4 of this Agreement.  Accordingly, Licensee shall not publish or disclose to any third party any Performance Data relating to the Beta Software.  

+

+       (d)  Ownership.  VMware shall own and retain all right, title and interest in and to the Intellectual Property Rights in the Beta 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 Beta Software.  ALL RIGHTS NOT EXPRESSLY GRANTED HEREUNDER ARE RESERVED TO VMWARE. 

+       

+       (e)  No Support Services.  VMware is under no obligation to support the Beta Software in any manner or to provide any Updates to Licensee.  In the event VMware, in its sole discretion, supplies any Update to Licensee, the Update shall be deemed Beta Software under this Agreement and shall be subject to the terms and conditions of this Agreement.

+       

+	(f)  Third-Party Software.  The Beta Software may enable a computer to run multiple instances of third-party guest operating systems and application programs.  Licensee acknowledges that Licensee is responsible for obtaining any licenses necessary to operate any third-party software, including guest operating systems and application programs.

+

+       (g)  Open Source Software.  Except for Sections 5, 6, and 7, the terms and conditions of this Agreement shall not apply to any Open Source Software accompanying the Beta Software.  Any such Open Source Software is provided under the terms of the applicable open source license agreement or copyright notice accompanying such Open Source Software or included in the open source licenses file accompanying the Beta Software. 

+       

+3.	TERM AND TERMINATION.  Unless otherwise terminated as specified under this Agreement, Licensee's rights with respect to the Beta Software will terminate upon the earlier of (a) the initial commercial release by VMware of a generally available version of the Beta Software or (b) automatic expiration of the Beta Software based on the system date.  Either party may terminate this Agreement at any time for any reason or no reason by providing the other party advance written notice thereof.  Licensee agrees that this Agreement will automatically terminate without notice in the event Licensee discloses the Beta Software in breach of Section 4 (Confidentiality) below. Upon any expiration or termination of this Agreement, the rights and licenses granted to Licensee under this Agreement shall immediately terminate, and Licensee shall immediately cease using, and will destroy or render practically inaccessible the Beta Software, Documentation, and all other tangible items in Licensee's possession or control that contain Confidential Information.  The rights and obligations of the parties set forth in Sections 2(b), 2(c), 2(d), 2(e), 2(f), 2(g), 3, 4, 5, 6, 7 and 8 survive termination or expiration of this Agreement for any reason.  

+

+4.	CONFIDENTIALITY.  

+

+       (a) "Confidential Information" shall mean the Beta Software, all information regarding the Beta Software (including any trade secrets, know-how, inventions, techniques, processes, and algorithms embodied in the Beta Software), Documentation, Performance Data, any Updates, VMware products, product roadmaps, and other technical, business, financial and product development plans, forecasts and strategies, and other information provided by VMware to Licensee under this Agreement, whether disclosed orally, in writing, or by examination or inspection, other than information that Licensee can demonstrate (i) was already known to Licensee, other than under an obligation of confidentiality, at the time of disclosure; (ii) was generally available in the public domain at the time of disclosure to Licensee; (iii) became generally available in the public domain after disclosure other than through any act or omission of Licensee; (iv) was subsequently lawfully disclosed to Licensee by a third party without any obligation of confidentiality; or (v) was independently developed by Licensee without use of or reference to any information or materials disclosed by VMware or its suppliers.  If Licensee wishes to disclose to VMware any information under this Agreement that Licensee considers proprietary or confidential to Licensee ("Licensee Information"), then Licensee agrees such disclose will be governed by a separate non-disclosure agreement ("NDA") by and between the parties.   If Licensee is required to disclose Confidential Information by applicable law or court order, Licensee shall notify VMware of the required disclosure promptly in writing and shall cooperate with VMware in any lawful action to contest or limit the scope of the required disclosure.  Licensee shall not use any Confidential Information for any purpose other than as expressly authorized under this Agreement.  In no event shall Licensee use the Beta Software or any Confidential Information to develop, manufacture, market, sell, or distribute any product or service, including any VMware products except as expressly set forth in this Agreement.  Licensee shall not disclose any Confidential Information to any third party. Without limiting the foregoing, Licensee shall use at least the same degree of care that it uses to prevent the disclosure of its own confidential information of like importance, but in no event less than reasonable care, to prevent the disclosure of such Confidential Information.

+       

+       (b)  Additional Confidentiality Restrictions for Highly Confidential Beta Software.  For certain Beta Software designated by VMware in writing as highly confidential ("Highly Confidential Beta Software"), Licensee agrees that the following, additional confidentiality obligations and restrictions will apply:

+       

+            (i)  Licensee shall limit dissemination of Highly Confidential Beta Software and related information concerning product features, future technologies and roadmaps only to Information Technology teams and/or software/solutions development teams of Licensee approved in writing by VMware, and only to individuals on such teams on a need-to-know basis and solely for purposes expressly authorized under this Agreement.  For clarity and without limiting the generality of the foregoing, Licensee shall not disseminate any Highly Confidential Beta Software to Licensee's sales and marketing field organizations.  Licensee will assign an employee who will be primarily responsible for ensuring Licensee's full compliance with the terms described in this Section 4(b) herein. 

+             

+            (ii)  Improper Disclosure of Highly Confidential Beta Software.  Licensee acknowledges that damages due to Licensee's improper disclosure of Highly Confidential Beta Software or related information concerning product features, future technologies and roadmaps may be irreparable and that monetary damages would be inadequate to compensate VMware for any breach of this Agreement.  In the event that VMware reasonably believes that Licensee has disseminated Highly Confidential Beta Software or related information concerning product features, future technologies and roadmaps to an unauthorized party, Licensee will be immediately removed from VMware's Beta Software program and will not be permitted to participate in any VMware Beta Software program in the future.  Additionally, all rights and licenses granted to Licensee under this Agreement shall immediately terminate in accordance with Section 3 herein (Term and Termination), and (b) in addition to all other remedies available in law or otherwise, VMware is entitled to seek equitable relief, including injunction and preliminary injunction against the threatened breach of this Agreement or the continuation of any such breach. 

+       

+5.	LIMITATION OF LIABILITY.  IT IS UNDERSTOOD THAT THE BETA SOFTWARE IS PROVIDED WITHOUT CHARGE FOR THE PURPOSES EXPRESSLY PERMITTED UNDER THIS AGREEMENT.  ACCORDINGLY, TO THE FULLEST EXTENT PERMITTED BY LAW, BUT SUBJECT ALWAYS TO THIS SECTION 5, THE TOTAL LIABILITY OF VMWARE AND ITS LICENSORS ARISING OUT OF OR RELATED TO THIS AGREEMENT SHALL NOT EXCEED $100.00.  TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT SHALL VMWARE OR ITS LICENSORS HAVE LIABILITY FOR ANY INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES OR DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, OR LOSS OF BUSINESS INFORMATION, HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY (INCLUDING WITHOUT LIMITATION, TORT, STATUTE, CONTRACT OR OTHER), EVEN IF VMWARE AND ITS LICENSORS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.  THESE LIMITATIONS SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY.  THE PARTIES ACKNOWLEDGE THAT THE VARIOUS CONSIDERATIONS DUE TO VMWARE IN ACCORDANCE WITH THE TERMS OF THIS AGREEMENT WERE TAKEN INTO ACCOUNT IN DETERMINING THE LIMITATION OF LIABILITY SET FORTH IN THIS SECTION 5. LICENSEE ACKNOWLEDGES AND AGREES THIS LIMITATION IS AN ESSENTIAL ELEMENT OF THIS AGREEMENT AND THAT VMWARE WOULD NOT ENTER INTO THIS AGREEMENT WITHOUT THESE LIMITATIONS ON ITS LIABILITY.

+

+6.	WARRANTY DISCLAIMER.  IT IS UNDERSTOOD THAT THE BETA SOFTWARE, OPEN SOURCE SOFTWARE, DOCUMENTATION, AND ANY UPDATES MAY CONTAIN ERRORS AND ARE PROVIDED FOR THE PURPOSES EXPRESSLY PERMITTED UNDER THIS AGREEMENT.  TO THE FULLEST EXTENT PERMITTED BY LAW, AND SUBJECT TO SECTION 5, THE BETA SOFTWARE, THE OPEN SOURCE SOFTWARE, THE DOCUMENTATION, AND ANY UPDATES ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE.  TO THE FULLEST EXTENT PERMITTED BY LAW, AND SUBJECT TO SECTION 5, VMWARE AND ITS LICENSORS SPECIFICALLY DISCLAIM ALL IMPLIED WARRANTIES OF MERCHANTABILITY, NONINFRINGEMENT, AND FITNESS FOR A PARTICULAR PURPOSE.  Licensee acknowledges that VMware has not publicly announced the availability of the Beta Software, that such Beta Software may contain features currently under development, that VMware has not promised or guaranteed to Licensee that such Beta Software will be announced or made available to anyone in the future, that VMware has no express or implied obligation to Licensee to announce or introduce the Beta Software, that VMware may not introduce a product similar to or compatible with the Beta Software, and that any version number (if any) referenced is subject to change and does not in any way represent VMware's commitment to release any product in the future. Accordingly, Licensee acknowledges that any research or development that it performs regarding the Beta Software or any product associated with the Beta Software is done entirely at Licensee's own risk.  Specifically, the Beta Software may contain features, functionality or modules that may not be included in the generally available commercial version of the Beta Software, if released, or that will be marketed separately for additional fees.

+

+7.	OTHER PROVISIONS.

+

+       (a)  Governing Law, Injunctive Relief and Legal Costs. 

+        

+           (aa) Choice of Law. This Agreement and any dispute arising out of or related to this Agreement or the Beta Software ("Dispute") will be governed by California law, without regard to its choice of law principles.  The United Nations Convention for the International Sale of Goods shall not apply.

+           

+           (bb) Injunctive Relief.  Either party may, at its sole discretion, seek preliminary judicial relief in any court of competent jurisdiction (including, but not limited to, preliminary injunctive relief). Also, the provisions of this Section 7(a) may be enforced by any court of competent jurisdiction.

+           

+       

+       (c)  Modification.  This is the entire agreement between the parties relating to the subject matter hereof and to the fullest extent permitted by law, all other terms, representations, negotiations, arrangements or understandings are rejected.  This Agreement supersedes and replaces any other agreements, representations, negotiations, arrangements or understandings between the parties and Licensee hereby waives any form requirements that may be contained in previous agreements and agrees that this Agreement shall take precedent with respect to its subject matter.  No party has entered into this Agreement relying on any representations made by or on behalf of the other, other than those expressly made in this Agreement.  No waiver or modification of this Agreement shall be valid unless in writing signed by each party.  

+       

+       (e) Severability.  If any provision of this Agreement is held to be illegal, invalid or unenforceable, the provision will be enforced to the maximum extent permissible so as to effect the intent of the parties, and the remaining provisions of this Agreement will remain in full force and effect.  

+

+       (f) Waivers.   Any waiver of these terms must be in writing and signed by the waiving party to be effective. 

+       

+       (g) Data Collection and Privacy.  

+       

+

+           (ii) Log Files. You acknowledge that correspondence and log files generated in conjunction with a request for support services may contain sensitive, confidential or personal information. You are solely responsible for taking the steps necessary to protect such data, including obfuscating the logs or otherwise guarding such information prior to sending it to VMware.

+           

+       (h) Independent Parties.  The parties are independent.  Nothing in this Agreement shall be construed to create a partnership, joint venture, contractor, or agency relationship between the parties.  

+       

+8.	ASSIGNMENT.  Licensee shall not and cannot 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.   Any attempted assignment or transfer in violation of the foregoing will be null and void.  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.

+

+9. 	CONTACT INFORMATION.  If you have any questions about this Agreement, please direct all correspondence to: VMware, Inc., 3401 Hillview Avenue, Palo Alto, CA 94304, United States of America.  VMware is a trademark of VMware, Inc. and is registered in the U.S. and numerous other countries. 

-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 OSSs 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.  VMWARES 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.  VMwares licensors shall have no liability of any kind under this EULA and VMwares liability with respect to any third party software embedded in the Program shall be subject to Section5.1 (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

@@ -30,7 +30,7 @@ class License(object):

                                     ('<Cancel>', self.exit_function)

                                 ]

-        title = 'VMWARE 1.0 LICENSE AGREEMENT'

+        title = 'VMWARE 2.0 LICENSE AGREEMENT'

         self.window.addstr(0, (self.win_width - len(title)) / 2, title)

         self.text_pane = TextPane(self.text_starty, self.maxx, self.text_width, "EULA.txt", self.text_height, accept_decline_items)