END USER LICENSE AGREEMENT
FOR VMWARE DESKTOP SOFTWARE PRODUCT
February 21, 2003 (Workstation version 4)


VMWARE, INC. LICENSES THIS DESKTOP SOFTWARE PRODUCT TO YOU SUBJECT 
TO THE TERMS CONTAINED IN THIS END USER LICENSE AGREEMENT 
("EULA").  READ THE TERMS OF THIS EULA CAREFULLY.  BY INSTALLING, 
COPYING OR OTHERWISE USING THE SOFTWARE (AS DEFINED BELOW), YOU 
AGREE TO BE BOUND BY THE TERMS OF THIS EULA.  IF YOU DO NOT AGREE 
WITH THE TERMS OF THIS EULA, DO NOT INSTALL, COPY OR USE THE 
SOFTWARE AND IF YOU HAVE PROOF OF PAYMENT, YOU MAY RETURN THE 
UNOPENED SOFTWARE TO THE LOCATION AT WHICH YOU ACQUIRED IT WITHIN 
THIRTY (30) DAYS FOR A REFUND OF THE LICENSE FEE. 

NOTICE TO CUSTOMER
This EULA is a contract between you (either an individual or an 
entity) and VMware, Inc. ("VMware"), which governs your use of the 
VMware software product that accompanies this EULA and related 
software components, which may include associated media, printed 
materials, and online or electronic documentation.  

DEFINITIONS
This Desktop software package includes a Desktop software product 
(the "VMware Desktop Software") and Open Source Software 
components.  In this EULA, the VMware Desktop Software and 
associated media, printed materials, and online or electronic 
documentation are collectively referred to as the "Software."  The 
VMware Desktop Software enables you to run one or more instances 
of third-party operating systems ("Guest Operating Systems") and 
applications on a single personal computer.   A serial number 
("Software License Key") issued to you by VMware is required to 
use the Software.  The term "Number of Licensed Users" means the 
number one (1), unless you received a VMware License Certificate 
with this software product, in which case the term "Number of 
Licensed Users" means the Number of Licensed Users set forth on 
the VMware License Certificate.

"Open Source Software" means various open source software 
components, including, without limitation,  Samba, DHCP Server, 
Tcl/Tk, XFree86, Libresolv, zlib.h, and libpng licensed under the 
terms of applicable open source license agreements included in the 
materials relating to such software.  Some Open Source Software 
components are provided with the version of the Software than runs 
on a Linux host operating system, some Open Source Software 
components are provided with the version of the Software that runs 
on a Windows host operating system, and some Open Source Software 
components are provided with both such versions of the Software.  

WARNING FOR EVALUATION LICENSEES
The Software can be activated with a no-cost evaluation Software 
License Key.  Evaluation Software License Keys have an expiration 
date ("Expiration Date").  If you activate the Software with an 
evaluation Software License Key: (i) you may use the Software 
until the Expiration Date only to evaluate the suitability of the 
Software for licensing on a for-fee basis; (ii) the limited 90-day 
warranty below is not applicable to you;  (iii) the limited web-
based support services are not applicable to you; (iv) the 
provision of Updates for a period of eighteen (18) months from the 
date of shipment of the Software is not applicable to you; and (v) 
THE SOFTWARE IS PROVIDED TO YOU "AS IS" WITHOUT WARRANTY OF ANY 
KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE.  VMWARE 
BEARS NO LIABILITY FOR ANY DAMAGES RESULTING FROM USE (OR 
ATTEMPTED USE) OF THE SOFTWARE THROUGH OR AFTER THE EXPIRATION 
DATE, AND HAS NO DUTY TO PROVIDE SUPPORT OR SOFTWARE UPDATES TO 
YOU.

OPEN SOURCE SOFTWARE
The Open Source Software is composed of individual software 
components, each of which has its own copyright and its own 
applicable license conditions.  You must review the licenses 
within the individual packages to understand your rights under 
them.  The 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_sources.html.   Copyrights to 
the Open Source Software are held by the copyright holders 
indicated in the copyright notices in the corresponding source 
files or in the open_sources_licenses.txt file or other materials 
accompanying the software package.

LICENSE
The Software is licensed, not sold.  Subject to the terms and 
limitations of this EULA, VMware hereby grants you a nonexclusive, 
nontransferable license, without rights to sublicense, to (i) make 
a number of copies of the Software less than or equal to the 
Number of Licensed Users for the purpose of installing a single 
copy of the Software on an equivalent number of personal 
computers, each of which is running a validly licensed copy of the 
operating system for which the Software is designed; (ii) use the 
Software License Key to activate each copy of the Software made in 
accordance with sub-clause (i); (iii) have up to the Number of 
Licensed Users use the Software (in object code form only) solely 
for your own internal information processing services and 
computing needs; and (iv) use the documentation accompanying the 
Software in connection with permitted uses of the Software.  If 
you are an entity, each copy of the Software may be used by one 
designated individual user only.  The total number of designated 
users may not exceed the Number of Licensed Users.  Each copy of 
the Software may not be used by any other person, whether or not 
such person is employed by or otherwise associated with your 
entity.  

LIMITED SHARED USE LICENSE
For shared use computing laboratory environments within academic 
institutions, the license grant above shall be modified to permit 
use of the Software on a single personal computer without the 
limitation that such use be limited to the designated user(s); 
provided that any such user(s) agree to and abide by the terms of 
this EULA; provided further that you must acquire and dedicate a 
Software License Key for each separate personal computer on which 
the Software is installed. Under this shared computing laboratory 
use license, a computing laboratory at an academic institution 
having ten personal computers loaded with the Software on which no 
more than five users would concurrently access and use the 
Software, for example, would require ten Software License Keys. 
Unless the computing laboratory is operated and maintained by and 
within an academic institution, this limited shared use license 
does not apply. 

LICENSE LIMITATIONS
You may not copy the Software except for a reasonable number of 
machine-readable copies of the Software for backup or archival 
purposes and except as expressly permitted in the License section 
above.  You may not share or use concurrently the Software except 
as expressly permitted in the Limited Shared Use License section 
above.  You may not remove any titles, trademarks or trade names, 
copyright notices, legends, or other proprietary markings on the 
Software.  You are not granted any rights to any trademarks or 
service marks of VMware.  VMware retains all rights not expressly 
granted to you.

LICENSE AS UPGRADE OF PREVIOUSLY LICENSED PRODUCT
If you purchased this Desktop software product as an upgrade at 
the applicable upgrade price, then you must have previously 
purchased a prior version of this Desktop software product at the 
applicable product (not upgrade) price.  If you have not purchased 
a prior version at the applicable product price, then please 
contact the vendor from whom you purchased the upgrade, or, if you 
are unable to contact your vendor, VMware, to make payment for the 
difference between the upgrade price and the product price within 
thirty (30) days of the date you purchased the upgrade.  If you do 
not make the appropriate payment to your vendor or VMware within 
thirty (30) days, this EULA will automatically terminate and you 
must comply with the termination provisions below.

LICENSES REQUIRED FOR THIRD-PARTY SOFTWARE
The Software allows multiple Guest Operating Systems and 
applications to run on a single personal computer. You are 
responsible for obtaining any licenses necessary to operate any 
such third-party software, including Guest Operating Systems. 

PROPRIETARY RIGHTS RESERVED BY VMWARE
VMware retains all right, title, and interest in and to the 
Software and the Software License Key and in all related 
copyrights, trade secrets, patents, trademarks, and any other 
intellectual and industrial property and proprietary rights, 
including registrations, applications, renewals, and extensions of 
such rights.

RESTRICTIONS
You may not (i) sell, lease, license, sublicense, distribute or 
otherwise transfer in whole or in part the Software or the 
Software License Key to another party; (ii) provide, disclose, 
divulge or make available to, or permit use of the Software in 
whole or in part by, any third party without VMware's prior 
written consent; (iii) decompile, disassemble, reverse engineer, 
or otherwise attempt to derive source code from the Software, in 
whole or in part; (iv) modify or create derivative works based 
upon the Software; or (v) use the Software to provide network, 
application hosting or other services to third parties, or 
otherwise use the Software on a service bureau or hosting basis 
for your customers.  You may not disclose the results of any 
benchmark test of the Software to any third party without VMware's 
prior written approval.

LIMITED SUPPORT AND SUBSCRIPTION SERVICES 
VMware may provide limited web-based support services related to 
the Software for a period of thirty (30) days after the date of 
purchase. Upon expiration of such 30-day period, VMware will not 
provide any support services under this EULA.  For a period of 
eighteen (18) months from the date of shipment of the Software, 
you shall be entitled to receive error corrections and/or fixes to 
the Software ("Updates").  Updates are generally designated by 
means of a change of the minor number or number to the right of 
the decimal point (e.g. Software 5 >> Software 5.0.1 or Software 
5.1).   Upon expiration of such 18-month period, you shall no 
longer be entitled to Updates under this EULA.  This EULA does not 
give you any rights to receive any functional enhancements or 
extensions to the Software developed by VMware at any time in the 
future that are generally made available for an additional license 
fee ("Upgrade").   Upgrades are designated by means of a change of 
the major number or number to the left of the decimal point (e.g. 
Software 5 >> Software 6).  You may purchase support and 
subscription services separately.  If you have purchased VMware 
support and subscription services with the Software, these 
services are provided to you under the Support Contract Terms and 
Conditions posted on VMware's Web site at 
http://www.vmware.com/support/using/premium.html, and by accepting 
the terms of this EULA you are accepting these Support Contract 
Terms and Conditions.  Any supplemental software code or related 
materials that VMware provides to you as part of any support and 
subscription services are to be considered part of the Software 
and are subject to the terms and conditions of this EULA.  VMware 
may use any technical information you provide to VMware for any 
VMware business purposes without restriction, including for 
product support and development. VMware will not use information 
in a form that personally identifies you.

TERMINATION
VMware may terminate this EULA if you fail to comply with any term 
of this EULA.  In the event of termination, you must destroy all 
copies of the Software and Software License Key.  In addition you 
must remove all copies of the Software from the personal 
computer(s) on which it is installed.

GOVERNMENT RESTRICTIONS
You may not export or re-export the Software except in compliance 
with the United States Export Administration Act and the related 
rules and regulations and similar non-U.S. government 
restrictions, if applicable.  The Software and accompanying 
documentation are deemed to be "commercial computer software" and 
"commercial computer software documentation," respectively, 
pursuant to DFAR Section 227.7202 and FAR Section 12.212(b), as 
applicable.  Any use, modification, reproduction, release, 
performing, displaying, or disclosing of the Software by the U.S. 
Government shall be governed solely by the terms of this EULA.

LIMITED WARRANTY
VMware warrants that the media, if any, on which the Software is 
delivered will be free of defects and that the Software will 
substantially conform to the description contained in the 
applicable end user documentation, in each case for a period of 90 
days after the date of shipment of the Software License Key.  
EXCEPT FOR THE PRECEDING EXPRESS LIMITED WARRANTY, VMWARE MAKES 
AND YOU RECEIVE NO WARRANTIES ON THE SOFTWARE, EXPRESS, IMPLIED, 
STATUTORY, OR IN ANY OTHER PROVISION OF THIS EULA OR COMMUNICATION 
WITH YOU, AND VMWARE SPECIFICALLY DISCLAIMS ANY IMPLIED WARRANTIES 
OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-
INFRINGEMENT.

LIMITATION OF LIABILITY
IN NO EVENT WILL VMWARE BE LIABLE FOR ANY LOST PROFITS OR BUSINESS 
OPPORTUNITIES, LOSS OF USE, BUSINESS INTERRUPTION, LOSS OF DATA, 
OR ANY OTHER INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL 
DAMAGES UNDER ANY THEORY OF LIABILITY, WHETHER BASED IN CONTRACT, 
TORT, NEGLIGENCE, PRODUCT LIABILITY, OR OTHERWISE.  THIS 
LIMITATION SHALL APPLY REGARDLESS OF WHETHER VMWARE HAS BEEN 
ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. VMWARE'S LIABILITY 
UNDER THIS EULA WILL NOT, IN ANY EVENT, EXCEED THE LICENSE FEES, 
IF ANY, PAID BY YOU TO VMWARE FOR THE SOFTWARE LICENSED BY YOU 
UNDER THIS EULA.  

GENERAL
This EULA is governed by the laws of the State of California, 
U.S.A. without regard to conflict of law principles. The United 
Nations Convention for the International Sale of Goods shall not 
apply.  This EULA is the entire agreement between us and 
supersedes the terms of any purchase orders and any other 
communications or advertising with respect to the Software.  If 
any provision of this EULA is held invalid, the remainder of this 
EULA shall continue in full force and effect.  This EULA may be 
modified only by written agreement signed by authorized 
representatives of you and VMware.

CONTACT INFORMATION
If you have any questions about this EULA, or if you want to 
contact VMware for any reason, please direct all correspondence 
to: VMware, Inc., 3145 Porter Drive, Palo Alto, CA 94304, United 
States of America or email info@vmware.com.

VMware is a trademark of VMware, Inc.


