Fill and Sign the Vmware End User License Agreement Please Note that the Terms Form

License Agreement for End User Software with Limited Warranty You should carefully read the following terms and conditions before opening this program package. To the extent permitted by law, opening this package indicates your acceptance of these terms and conditions. If you do not agree with them, you should promptly return this media package unopened for a full refund. 1. License and Limited Warranty ___________________ (Name of corporation), hereinafter called Owner, provides this program and licenses its use to you. You assume responsibility for the selection of this program to achieve your intended results, and for the installation, use, and results obtained from this program. THIS PROGRAM IS A PROPRIETARY PRODUCT OF OWNER AND IS PROTECTED BY COPYRIGHT LAWS. TITLE TO THIS PROGRAM, OR ANY COPY, MODIFICATION, OR ME RGED PORTION OF THIS PROGRAM SHALL AT ALL TIMES REMAIN WITH OWNER. A. Single-use softwareThe programs licensed in this agreement constitute single-use software. Each license for single-use software permits a single copy to be stored on hard disk and loaded for execution on a single designated type of workstation and operating system (platform). It is the responsibility of the licensee to assure that single-use software is not moved to a second workstation until it has been completely removed from the first. B. Home use If the software is permanently stored on the hard disk of a workstation and one person uses that workstation more than ______% of the time it is in use, then that person may also use the software either on a portable computer or on a home computer. You may: 1. Copy this program into any machine readable-form for backup purposes in support of your licensed use of the program; 2. Transfer this program and license to another party if the other party agrees to accept the terms of this agreement. If you transfer this program, you must at the same time either transfer all copies, modifications, or merged portions, in whatever form, to the same party, or destroy those not transferred. You may not decompile, disassemble, or otherwise reverse engineer this program. You may not use, copy, modify, or transfer this program, in whole or in part, except as expressly provided for in this agreement. If you do transfer possession of any copy of the program to another party except as expressly provided, your license is automatically terminated. 2. Term The license is effective until terminated. You may terminate it at any time by destroying this program together with all copies. It will also terminate on conditions set forth elsewhere in this agreement or if you fail to comply with any term or condition of this agreement, or if you fail to pay the appropriate license fees. You agree on termination to destroy this program together with all copies. 3. Warranties and Remedies A. Owner warrants for a period of ______ days from the date of shipment that, under normal use, software delivery media will be free of defects in material and workmanship. You acknowledge and agree that Owner will satisfy this warranty if it corrects errors which appear in this program or in the user manuals, reported to Owner during the warranty period. OWNER DOES NOT WARRANT THAT ANY ________________ (type of product) PRODUCT WILL MEET YOUR REQUIREMENTS, AND UNDER NO CIRCUMSTANCES DOES OWNER WARRANT THAT ANY _____________________ (type of product) PRODUCT WILL OPERATE UNINTERRUPTED OR ERROR FREE. Owner warrants and represents that it has the right to grant this license. B. The foregoing warranties are void if failure of a warranted item results, directly or indirectly, from an unauthorized modification to a warranted item; an unauthorized attempt to repair a warranted item; or misuse of a warranted item, including but not limited to use of a warranted item under abnormal operating conditions or without routinely maintaining a warranted item. You agree to promptly notify Owner of any suspected defects in software delivery media or this program. THE FOREGOING WARRANTIES ARE GIVEN IN LIEU OF ALL OTHER WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. C. Owner's entire liability and your exclusive remedy shall be, in Owner’s sole and absolute discretion, either: (i) the repair or replacement of any warranted item which does not meet the respective warranties given above; or (ii) a refund of the purchase price of the warranted item. D. The above warranties and limitations give you specific legal rights, and you may also have other rights which vary from jurisdiction to jurisdiction. Certain limitations set forth in this section may not apply in some jurisdictions. 4. General Provisions A. You acknowledge that you have read this agreement, understand it, and agree to be bound by its terms and conditions. You further agree that it is the complete and exclusive statement of the agreement between us which supersedes any proposal or prior agreement, oral or written, and any other communications between us relating to the subject matter of this agreement. B. Support ServicesOwner will provide free telephone support during the warranty period. Free support will be limited to bug reports, installation, and basic operation. These questions can be logged through Owner’s standard support number of ________________ (state support number) . Owner will accept customer reports of problems found, but after the warranty period you will be required to purchase updated or corrected software. If you obtained this program from an authorized dealer you should contact the dealer for support. C. Updates Upgrades, when and as available, will be provided at a separate charge. In order to receive notices of upgrades and enhancements, you must complete and return the enclosed registration form. __________________ (Name of trademark) (TM) is a registered trademark of Owner. _______________ (Name of software) is a registered trademark of Owner. D.Governing Law This Agreement shall be governed by, construed, and enforced in accordance with the laws of the State of __________. Name and Address of Owner