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VMWARE MASTER END USER LICENSE AGREEMENT

NOTICE: BY DOWNLOADING AND INSTALLING, COPYING OR OTHERWISE USING THE SOFTWARE, YOU AGREE TO BE BOUND BY THE TERMS OF THIS VMWARE MASTER END USER LICENSE AGREEMENT (“EULA”). IF YOU DO NOT AGREE TO THE TERMS OF THIS EULA, YOU MAY NOT DOWNLOAD, INSTALL, COPY OR USE THE SOFTWARE, AND YOU MAY RETURN THE UNUSED SOFTWARE TO THE VENDOR FROM WHICH YOUACQUIRED IT WITHIN THIRTY (30) DAYS AND REQUEST A REFUND OF THE LICENSE FEE, IF ANY, ALREADY PAID UPON SHOWING PROOF OF PAYMENT. “YOU” MEANS THE NATURAL PERSON OR THE ENTITY THAT IS AGREEING TO BE BOUND BY THIS EULA, THEIR EMPLOYEES AND THIRD PARTY CONTRACTORS THAT PROVIDE SERVICES TO YOU. YOU SHALL BE LIABLE FOR ANY FAILURE BY SUCH EMPLOYEES AND THIRD PARTY CONTRACTORS TO COMPLY WITH THE TERMS OFTHIS AGREEMENT.

1. DEFINITIONS

1.1 “Designated Administrative Access” means that access to the standard user interfaces of a given instance of the Software (designated in this section) that you may grant to a designated third party (a) for which you have provided advance written notice to VMware that you are providing outsourced services and (b) for whose dedicated benefit you have licensedsuch instance of the Software. Designated Administrative Access is applicable only where you are 1) an IT outsourcing company that is providing outsourced IT services to a client company and 2) applicable only to the following Software: ESX Server, VMware Server and VirtualCenter.

1.2 “GPL Software” means GPL software licensed to you under the GNU General Public License as published by the FreeSoftware Foundation (GPL). A copy of the GPL is included on the media on which you received the Software or included in the files you downloaded, if you acquired the Software by electronic download.

1.3 “Guest Operating Systems” means instances of third-party operating systems licensed by you and installed in a Virtual Machine and run using the Software.

1.4 “Licensed Additional Module”means additional modules that may be provided with and/or used in conjunction with the Software for which you have paid the applicable license fee and accepted any applicable additional license terms.

1.5 “Open Source Software” means various open source software components licensed under the terms of applicable open source license agreements included in the materials relating to such software.Open Source Software is composed of individual software components, each of which has its own copyright and its own applicable license conditions. The Open Source Software licenses can be found in the open_source_licenses.txt file, other materials accompanying the software package, the documentation or corresponding source files available at http://www.vmware.com/download/open_source.html.1.6 “Processor” means a single, physical chip that houses no more than four (4) processor cores.

1.7 “Sample Programs” means sample client management programs or scripts that may be distributed with the Software.

1.8 “Server” means a single physical computer of a type that meets the specifications as set forth in the applicable productdocumentation posted at http://www.vmware.com/support/pubs/. Multiple computers that share processing power or operate in a networked configuration as a single logical computer, such as a “server farm” or similar arrangement, constitute multiple Servers for the purpose of this EULA.

1.9 “Software” means software products that are licensed to you under this EULA, including, but not limited to,any related components purchased or provided with the Software, application programming interfaces, associated media, printed materials, online or electronic documentation, and any updates and maintenance releases thereto.

1.10 “Software License Key” means, if applicable, a serial number issued to you by VMware to activate and use the Software. A separate, additional Software License Key...
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