Dell Latitude 5280 VMware Horizon Client for Windows Embedded Operating System - Page 43

Contact Information. Please direct legal notices or other correspondence to VMware, Inc.

Get Dell Latitude 5280 PDF manuals and user guides View all Dell Latitude 5280 manuals
Add to My Manuals
Save this manual to your list of manuals

Page 43 highlights

identifiable Software usage statistics to facilitate the provisioning of updates, support, invoicing or 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. 12. GENERAL. 12.1 Transfers; Assignment. Except to the extent transfer may not legally be restricted or as permitted by VMware's transfer and assignment policies, in all cases following the process set forth at www.vmware.com/support/policies/licensingpolicies.html, You will not assign this EULA, any Order, or any right or obligation herein or delegate any performance without VMware's prior written consent, which consent will not be unreasonably withheld. Any other attempted assignment or transfer by You will be void. VMware may use its Affiliates or other sufficiently qualified subcontractors to provide services to You, provided that VMware remains responsible to You for the performance of the services. 12.2 Notices. Any notice delivered by VMware to You under this EULA will be delivered via mail, email or fax. 12.3 Waiver. Failure to enforce a provision of this EULA will not constitute a waiver. 12.4 Severability. If any part of this EULA is held unenforceable, the validity of all remaining parts will not be affected. 12.5 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 Software 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 Software 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 Software and accompanying 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 Software and documentation by or for the U.S. Government shall be governed solely by the terms and conditions of this EULA. 12.6 Construction. The headings of sections of this EULA are for convenience and are not to be used in interpreting this EULA. As used in this EULA, the word 'including' means "including but not limited to". 12.7 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. 12.8 Third Party Rights. Other than as expressly set out in this EULA, this EULA does not create any rights for any person who is not a party to it, and no person who is not a party to this EULA may enforce any of its terms or rely on any exclusion or limitation contained in it. 12.9 Order of Precedence. In the event of conflict or inconsistency among the Product Guide, this EULA and the Order, the following order of precedence shall apply: (a) the Product Guide, (b) this EULA and (c) the Order. With respect to any inconsistency between this EULA and an Order, the terms of this EULA shall supersede and control over any conflicting or additional terms and conditions of any Order, acknowledgement or confirmation or other document issued by You. 12.10 Entire Agreement. This EULA, including accepted Orders and any amendments hereto, and the Product Guide contain the entire agreement of the parties with respect to the subject matter of this EULA and supersede all previous or contemporaneous communications, representations, proposals, commitments, understandings and agreements, whether written or oral, between the parties regarding the subject matter hereof. This EULA may be amended only in writing signed by authorized representatives of both parties. 12.11 Contact Information. Please direct legal notices or other correspondence to VMware, Inc., 3401 Hillview Avenue, Palo Alto, California 94304, United States of America, Attention: Legal Department. VMWARE END USER LICENSE AGREEMENT 43

  • 1
  • 2
  • 3
  • 4
  • 5
  • 6
  • 7
  • 8
  • 9
  • 10
  • 11
  • 12
  • 13
  • 14
  • 15
  • 16
  • 17
  • 18
  • 19
  • 20
  • 21
  • 22
  • 23
  • 24
  • 25
  • 26
  • 27
  • 28
  • 29
  • 30
  • 31
  • 32
  • 33
  • 34
  • 35
  • 36
  • 37
  • 38
  • 39
  • 40
  • 41
  • 42
  • 43
  • 44
  • 45
identifiable Software usage statistics to facilitate the provisioning of updates, support, invoicing or 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.
12. GENERAL.
12.1 Transfers; Assignment. Except to the extent transfer may not legally be restricted or as permitted by VMware’s transfer and
assignment policies, in all cases following the process set forth at www.vmware.com/support/policies/licensingpolicies.html, You will not
assign this EULA, any Order, or any right or obligation herein or delegate any performance without VMware’s prior written consent, which
consent will not be unreasonably withheld. Any other attempted assignment or transfer by You will be void. VMware may use its Affiliates
or other sufficiently qualified subcontractors to provide services to You, provided that VMware remains responsible to You for the
performance of the services.
12.2 Notices. Any notice delivered by VMware to You under this EULA will be delivered via mail, email or fax.
12.3 Waiver. Failure to enforce a provision of this EULA will not constitute a waiver.
12.4 Severability. If any part of this EULA is held unenforceable, the validity of all remaining parts will not be affected.
12.5 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 Software 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 Software 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 Software and accompanying 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 Software and documentation by or for
the U.S. Government shall be governed solely by the terms and conditions of this EULA.
12.6 Construction. The headings of sections of this EULA are for convenience and are not to be used in interpreting this EULA. As used in
this EULA, the word ‘including’ means “including but not limited to”.
12.7 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.
12.8 Third Party Rights. Other than as expressly set out in this EULA, this EULA does not create any rights for any person who is not a
party to it, and no person who is not a party to this EULA may enforce any of its terms or rely on any exclusion or limitation contained in it.
12.9 Order of Precedence. In the event of conflict or inconsistency among the Product Guide, this EULA and the Order, the following
order of precedence shall apply: (a) the Product Guide, (b) this EULA and (c) the Order. With respect to any inconsistency between this
EULA and an Order, the terms of this EULA shall supersede and control over any conflicting or additional terms and conditions of any
Order, acknowledgement or confirmation or other document issued by You.
12.10 Entire Agreement. This EULA, including accepted Orders and any amendments hereto, and the Product Guide contain the entire
agreement of the parties with respect to the subject matter of this EULA and supersede all previous or contemporaneous
communications, representations, proposals, commitments, understandings and agreements, whether written or oral, between the parties
regarding the subject matter hereof. This EULA may be amended only in writing signed by authorized representatives of both parties.
12.11 Contact Information. Please direct legal notices or other correspondence to VMware, Inc., 3401 Hillview Avenue, Palo Alto, California
94304, United States of America, Attention: Legal Department.
VMWARE END USER LICENSE AGREEMENT
43