Dell Latitude 5280 VMware Horizon Client for Windows Embedded Operating System - Page 39

Vmware End User License Agreement, The Terms Of This Eula, You Must Not Download, Install - price

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11 VMWARE END USER LICENSE AGREEMENT PLEASE NOTE THAT THE TERMS OF THIS END USER LICENSE AGREEMENT SHALL GOVERN YOUR USE OF THE SOFTWARE, REGARDLESS OF ANY TERMS THAT MAY APPEAR DURING THE INSTALLATION OF THE SOFTWARE. IMPORTANT-READ CAREFULLY: BY DOWNLOADING, INSTALLING, OR USING THE SOFTWARE, 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 SOFTWARE, AND YOU MUST DELETE OR RETURN THE UNUSED SOFTWARE TO THE VENDOR FROM WHICH YOU ACQUIRED IT WITHIN THIRTY (30) DAYS AND REQUEST A REFUND OF THE LICENSE FEE, IF ANY, THAT YOU PAID FOR THE SOFTWARE. EVALUATION LICENSE. If You are licensing the Software for evaluation purposes, Your use of the Software is only permitted in a nonproduction environment and for the period limited by the License Key. Notwithstanding any other provision in this EULA, an Evaluation License of the Software is provided "AS-IS" without indemnification, support or warranty of any kind, expressed or implied. 1. DEFINITIONS. 1.1 "Affiliate" means, with respect to a party at a given time, an entity that then is directly or indirectly controlled by, is under common control with, or controls that party, and here "control" means an ownership, voting or similar interest representing fifty percent (50%) or more of the total interests then outstanding of that entity. 1.2 "Documentation" means that documentation that is generally provided to You by VMware with the Software, 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 Software. 1.3 "Guest Operating Systems" means instances of third-party operating systems licensed by You, installed in a Virtual Machine and run using the Software. 1.4 "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. 1.5 "License" means a license granted under Section 2.1 (General License Grant). 1.6 "License Key" means a serial number that enables You to activate and use the Software. 1.7 "License Term" means the duration of a License as specified in the Order. 1.8 "License Type" means the type of License applicable to the Software, as more fully described in the Order. 1.9 "Open Source Software" or "OSS" means software components embedded in the Software and provided under separate license terms, which can be found either in the open_source_licenses.txt file (or similar file) provided within the Software or at www.vmware.com/download/open_source.html. 1.10 "Order" means a purchase order, enterprise license agreement, or other ordering document issued by You to VMware or a VMware authorized reseller that references and incorporates this EULA and is accepted by VMware as set forth in Section 4 (Order). 1.11 "Product Guide" means the current version of the VMware Product Guide at the time of Your Order, copies of which are found at www.vmware.com/download/eula. 1.12 "Support Services Terms" means VMware's then-current support policies, copies of which are posted at www.vmware.com/support/ policies. 1.13 "Software" means the VMware Tools and the VMware computer programs listed on VMware's commercial price list to which You acquire a license under an Order, together with any software code relating to the foregoing that is provided to You pursuant to a support and subscription service contract and that is not subject to a separate license agreement. 1.14 "Territory" means the country or countries in which You have been invoiced; provided, however, that if You have been invoiced within any of the European Economic Area member states, You may deploy the corresponding Software throughout the European Economic Area. 1.15 "Third Party Agent" means a third party delivering information technology services to You pursuant to a written contract with You. 1.16 "Virtual Machine" means a software container that can run its own operating system and execute applications like a physical machine. 1.17 "VMware" means VMware, Inc., a Delaware corporation, if You are purchasing Licenses or 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. VMWARE END USER LICENSE AGREEMENT 39

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VMWARE END USER LICENSE AGREEMENT
PLEASE NOTE THAT THE TERMS OF THIS END USER LICENSE AGREEMENT SHALL GOVERN YOUR USE OF THE SOFTWARE,
REGARDLESS OF ANY TERMS THAT MAY APPEAR DURING THE INSTALLATION OF THE SOFTWARE.
IMPORTANT-READ CAREFULLY: BY DOWNLOADING, INSTALLING, OR USING THE SOFTWARE, 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 SOFTWARE, AND YOU MUST DELETE OR
RETURN THE UNUSED SOFTWARE TO THE VENDOR FROM WHICH YOU ACQUIRED IT WITHIN THIRTY (30) DAYS AND REQUEST A
REFUND OF THE LICENSE FEE, IF ANY, THAT YOU PAID FOR THE SOFTWARE.
EVALUATION LICENSE. If You are licensing the Software for evaluation purposes, Your use of the Software is only permitted in a non-
production environment and for the period limited by the License Key. Notwithstanding any other provision in this EULA, an Evaluation
License of the Software is provided “AS-IS” without indemnification, support or warranty of any kind, expressed or implied.
1. DEFINITIONS.
1.1 “Affiliate” means, with respect to a party at a given time, an entity that then is directly or indirectly controlled by, is under common
control with, or controls that party, and here “control” means an ownership, voting or similar interest representing fifty percent (50%) or
more of the total interests then outstanding of that entity.
1.2 “Documentation” means that documentation that is generally provided to You by VMware with the Software, 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 Software.
1.3 “Guest Operating Systems” means instances of third-party operating systems licensed by You, installed in a Virtual Machine and run
using the Software.
1.4 “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.
1.5 “License” means a license granted under Section 2.1 (General License Grant).
1.6 “License Key” means a serial number that enables You to activate and use the Software.
1.7 “License Term” means the duration of a License as specified in the Order.
1.8 “License Type” means the type of License applicable to the Software, as more fully described in the Order.
1.9 “Open Source Software” or “OSS” means software components embedded in the Software and provided under separate license
terms, which can be found either in the open_source_licenses.txt file (or similar file) provided within the Software or at
www.vmware.com/download/open_source.html.
1.10 “Order” means a purchase order, enterprise license agreement, or other ordering document issued by You to VMware or a VMware
authorized reseller that references and incorporates this EULA and is accepted by VMware as set forth in Section 4 (Order).
1.11 “Product Guide” means the current version of the VMware Product Guide at the time of Your Order, copies of which are found at
www.vmware.com/download/eula.
1.12 “Support Services Terms” means VMware’s then-current support policies, copies of which are posted at www.vmware.com/support/
policies.
1.13 “Software” means the VMware Tools and the VMware computer programs listed on VMware’s commercial price list to which You
acquire a license under an Order, together with any software code relating to the foregoing that is provided to You pursuant to a support
and subscription service contract and that is not subject to a separate license agreement.
1.14 “Territory” means the country or countries in which You have been invoiced; provided, however, that if You have been invoiced within
any of the European Economic Area member states, You may deploy the corresponding Software throughout the European Economic
Area.
1.15 “Third Party Agent” means a third party delivering information technology services to You pursuant to a written contract with You.
1.16 “Virtual Machine” means a software container that can run its own operating system and execute applications like a physical machine.
1.17 “VMware” means VMware, Inc., a Delaware corporation, if You are purchasing Licenses or 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.
11
VMWARE END USER LICENSE AGREEMENT
39