201 lines
12 KiB
Plaintext
201 lines
12 KiB
Plaintext
VMware(r) vSphere Software Development Kit License Agreement
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VMware, Inc. ("VMware") provides the VMware vSphere Software
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Development Kit (collectively the "Software") to you subject to the
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following terms and conditions. By downloading, installing, or using
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the Software, you (the individual or legal entity) agree to be bound by
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the terms of this license agreement (the "Agreement"). If you disagree
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with any of the following terms, then do not use the Software.
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1. The Software contains a variety of materials, interface definitions,
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documentation, sample utility applications and sample code regarding
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programming interfaces to one or more VMware products that are referenced
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in such materials (the referenced products, "VMware Products"). This
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Software is intended to be used to develop software that interacts with the
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VMware Products.
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2. USE RIGHTS: Subject to the restrictions below, you may download and
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make a reasonable number of copies of the Software for your use solely for
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the purpose of creating software that communicates with VMware Products
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(your software, "Developer Software"). Some code may be designated as
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"distributable code" and/or "modifiable code" at
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http://www.vmware.com/go/vwssdk-redistribution-info. You may use and
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merge all or portions of the "distributable code" with your Developer Software.
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Any merged portion of any "distributable code" is subject to this Agreement.
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Additionally, you may modify or create derivative works of all or portions of
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the "modifiable code." You are permitted to re-distribute the "distributable
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code" and the modified or derivative works of the "modifiable code" only as
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part of your Developer Software for non-commercial or commercial use;
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provided that you shall only distribute such code subject to a license
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agreement that protects VMware's and its licensors' interests consistent with
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the terms contained in this Agreement. Open source software components
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provided with the Software are licensed to you under the terms of the
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applicable license agreements included with such open source software
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components. The open source software licenses can be found in the
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open_source_licenses.txt file, other materials accompanying the Software,
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the documentation or corresponding source files available at
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http://www.vmware.com/download/open_source.html.
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3. RESTRICTIONS: You agree that you will not (1) use the Software to
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create, design or develop anything other than Developer Software; (2) make
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any more copies of the Software than are reasonably necessary for the
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authorized use and backup and archival purposes; (3) modify, create
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derivative works of, reverse engineer, reverse compile, or disassemble the
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Software except as expressly permitted in Section 2; (4) distribute, sell, lease,
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rent, lend, or sublicense any part of the Software to any third party except as
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expressly permitted in Section 2; or (5) use the Software in any manner to (a)
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circumvent any technical restrictions of VMware Products or violate any
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additional licensing terms applicable to VMware Products that VMware
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provides through product documentation, email notification on the VMware
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website or in the terms of the End User License Agreements; (b) disable,
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remove, over-ride or modify the display of any VMware Product End User
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License Agreements that the VMware Products present to the end customers;
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or (c) upload or otherwise transmit any material containing software viruses or
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other computer code, files or programs designed to interrupt, destroy, or limit
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the functionality of any software or hardware.
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The restrictions in this Section 3 shall not apply if and to the extent they
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contradict mandatory local law (including, but not limited to, law implementing
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the EC Software Directive).
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4. VMware retains ownership of the Software and all intellectual property
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rights embodied in the Software, including without limitation all copyrights,
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trade secrets and patents. You may not remove, delete or modify any of
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VMware copyright statements in the Software. ALL RIGHTS NOT
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EXPRESSLY GRANTED HEREUNDER ARE RESERVED TO VMWARE.
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5. You may not use VMware's name, trademarks or service marks in
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connection with your Developer Software in a way that suggests your
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Developer Software is certified or endorsed by VMware.
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6. You are not entitled under this Agreement to receive any VMware support
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or subscription services for the Software or any other services from VMware
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in connection with the Software. If you have purchased support and/or
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subscription services for a VMware product, such support and/or subscription
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services shall not apply to the Software or your use of the Software.
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7. TERM, TERMINATION & CHANGES: This Agreement shall continue as
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long as you are in compliance with the terms specified herein or until
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otherwise terminated. You or VMware each may terminate this Agreement for
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any reason at any time. You agree, upon termination, to destroy all copies of
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the Software within your possession or control. The Confidential Information,
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Limitations of Warranties and Liability, and Indemnification sections set out in
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this Agreement shall survive any termination or expiration of this Agreement.
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8. CONFIDENTIAL INFORMATION: "Confidential Information" means any
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information disclosed by VMware to you pursuant to this Agreement that is
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marked "Confidential," "Proprietary," or in some similar manner and any
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information which you knew or reasonably should have known to be
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confidential. You shall treat as confidential all Confidential Information of
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VMware and shall not use such Confidential Information except to exercise
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your rights or perform your obligations under this Agreement. You will protect
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Confidential Information from unauthorized use, access, or disclosure in the
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same manner as you protect your own confidential or proprietary information
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of a similar nature but with no less than reasonable care. You shall not
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disclose such Confidential Information to any third party during or after the
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term of this Agreement. This paragraph will not apply to any Confidential
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Information that: (a) was rightfully in your possession prior to receipt of such
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Confidential Information from VMware; (b) is or becomes a matter of public
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knowledge through no fault of you; (c) is rightfully received from a third party
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without a duty of confidentiality; (d) is independently developed by you without
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breach of any confidentiality obligations; (e) is disclosed by you with
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VMware's prior written approval; or (f) you are required to disclose by
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applicable law or court order, provided that you notify VMware of such
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required disclosure promptly in writing and cooperate with VMware in any
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lawful action to contest or limit the scope of such required disclosure. You
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acknowledge that breach of this Section 8 will cause irreparable damage to
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VMware for which monetary damages will be an inadequate remedy.
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Accordingly, VMware will be entitled to seek and obtain injunctive and any
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other relief (legal or equitable) to restrain any breach or anticipated breach of
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this Section 8.
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9. LIMITATIONS OF WARRANTIES & LIABILITY: THE SOFTWARE IS
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PROVIDED "AS IS" WITHOUT ANY WARRANTIES OF ANY KIND. TO THE
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MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, VMWARE
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DISCLAIMS ANY IMPLIED WARRANTIES, INCLUDING, WITHOUT
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LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY,
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FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT OF
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INTELLECTUAL PROPERTY RIGHTS.
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TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO
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EVENT WILL VMWARE BE LIABLE FOR ANY LOST PROFITS OR
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BUSINESS OPPORTUNITIES, LOSS OF USE, BUSINESS INTERRUPTION,
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LOSS OF DATA, OR ANY OTHER INDIRECT, SPECIAL, INCIDENTAL, OR
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CONSEQUENTIAL DAMAGES ARISING OUT OF THE SOFTWARE OR
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YOUR USE OF THE SOFTWARE, UNDER ANY THEORY OF LIABILITY,
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WHETHER BASED IN CONTRACT, TORT, NEGLIGENCE, PRODUCT
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LIABILITY, OR OTHERWISE. BECAUSE SOME JURISDICTIONS DO NOT
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ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR
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CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE PRECEDING
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LIMITATION MAY NOT APPLY TO YOU.
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VMWARE'S LIABILITY ARISING OUT OF THIS AGREEMENT AND THE
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SOFTWARE PROVIDED HEREUNDER WILL NOT, IN ANY EVENT,
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EXCEED US$100.00.
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THE FOREGOING LIMITATIONS SHALL APPLY TO THE MAXIMUM
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EXTENT PERMITTED BY APPLICABLE LAW, REGARDLESS OF
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WHETHER VMWARE HAS BEEN ADVISED OF THE POSSIBILITY OF
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SUCH DAMAGES AND REGARDLESS OF WHETHER ANY REMEDY
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FAILS OF ITS ESSENTIAL PURPOSE.
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10. INDEMNIFICATION: You agree to defend, indemnify and hold harmless
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VMware, and any of its directors, officers, employees, affiliates and agents,
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from and against any and all claims, losses, damages, liabilities and other
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expenses (including reasonable attorneys' fees), arising from your
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modification of the "modifiable code," the distribution or use of your Developer
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Software by you or anyone else, and your breach of this Agreement.
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11. EXPORT CONTROL: You acknowledge that the Software is of United
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States origin, is provided subject to the U.S. Export Administration
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Regulations, may be subject to the export control laws of the applicable
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territory, and that diversion contrary to applicable export control laws is
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prohibited. You represent, warrant and covenant that (1) you are not, and are
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not acting on behalf of, (a) any person who is a citizen, national, or resident
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of, or who is controlled by the government of any country to which the United
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States has prohibited export transactions; or (b) any person or entity listed on
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the U.S. Treasury Department list of Specially Designated Nationals and
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Blocked Persons, or the U.S. Commerce Department Denied Persons List or
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Entity List; and (2) you will not permit the Software to be used for any
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purposes prohibited by law, including, any prohibited development, design,
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manufacture or production of missiles or nuclear, chemical or biological
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weapons.
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12. DATA PRIVACY:
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(a) Consent for Collection and Use of Technical Data. You agree
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that VMware may periodically collect, process and store technical
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and related information about your device, system, application,
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peripherals and your use of the Software, including without
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limitation: internet protocol address, hardware identification,
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operating system, application software, peripheral hardware,
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number of active plugins and software development kits, the
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successful installation and launch of Software, and Software usage
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statistics (collectively, "Technical Data"). VMware will use Technical
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Data for internal statistical and analytical purposes to facilitate
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support, invoicing or online services, the provisioning of updates,
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and the development of VMware products and services. VMware
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may transfer Technical Data to other companies in the VMware
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worldwide group of companies from time to time.
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(b) Log Files. You acknowledge that correspondence and log files
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generated in conjunction with a request for support services may
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contain sensitive, confidential or personal information. You are
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solely responsible for taking the steps necessary to protect such
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data, including obfuscating the logs or otherwise guarding such
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information prior to sending it to VMware.
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13. These terms are governed by the laws of the State of California and the
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United States of America without regard to conflict of laws principles. The
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United Nations Convention for the International Sale of Goods shall not apply.
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You may not assign this Agreement. Any attempted assignment by you shall
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be void. These terms constitute the entire agreement between you and
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VMware with respect to the Software and supersede all prior written or oral
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communications, understandings and agreements. Any waiver of these terms
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must be in writing and signed by the waiving party to be effective. If any
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provision of these terms is found to be invalid or unenforceable, the remaining
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terms will continue to be valid and enforceable to the fullest extent permitted
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by law.
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