VMware, Inc. Electronic Beta End User License Agreement

Notice to User: This End User License Agreement (EULA) is a CONTRACT 
between you (either an individual or a single entity) and VMware, Inc., 
which covers your use of 

VMware for Linux

and related software components, which may include associated media, 
printed materials, and "online" or electronic documentation.  All such 
software and materials are referred to here as the "Software Product."  
If you do not agree to the terms of this EULA, then do not install or 
use the Software Product.  By explicitly accepting this EULA, however, 
or by installing, copying, downloading, accessing or otherwise using the 
Software Product, you are acknowledging and agreeing to be bound by the 
following terms:

1.  WARNING -- "Beta" Version Software
This Software Product contains "pre-release" or "beta" code that 
may be changed substantially before final commercial release.  You may 
therefore not use any portion of the Software Product in a live 
operating environment where it may be relied upon to perform in the same 
manner as a commercially released product or with data that has not been 
sufficiently backed up.

2.  Grant of Non-Exclusive License
VMware grants you the right to install and use a copy of the 
Software Product only on your computer running validly licensed copies 
of the operating system for which the Software Product was designed.  
You may make copies of the Software Product as needed for backup 
and archival purposes.

3.  Intellectual Property Rights Reserved by VMware
The Software Product is protected by U.S. and international 
copyright laws and treaties, as well as other intellectual property laws 
and treaties.  You must not remove or alter any copyright notices on any 
copies of the Software Product. This Software Product is licensed, not 
sold.  Furthermore, this EULA does not grant you any rights in 
connection with any trademarks or service marks of VMware.  VMware 
reserves all intellectual property rights, including copyrights and 
trademark rights.  

4.  No Right To Transfer
You may not rent, lease, lend or in any way distribute copies of 
or transfer any rights in the Software Product to third parties without 
VMware's written approval and subject to approval by the recipient of 
the terms of this EULA.

5.  Prohibition on Reverse Engineering, Decompilation, and Disassembly 
You may not reverse engineer, decompile, or disassemble the 
Software Product, except and only to the extent that such activity is
expressly permitted by applicable law notwithstanding this limitation.

6.  RESTRICTIONS ON PUBLICATION OF TEST RESULTS
You understand that you are receiving only a beta version of the 
Software Product.  As such, the Software Product you receive is not 
optimized for maximum speed and performance.  Moreover, you understand 
that the speed and performance of the beta version of the Software 
Product has been deliberately reduced in order to permit efficient de-
bugging, evaluation and error reporting.  You therefore agree not to 
publish the results of any benchmarking or other testing of the Software 
Product, except with a notice that the benchmarked or tested version of 
the Software Product is a beta version; the notice must be prominently 
and clearly displayed on any such publication.

7.  EXPIRATION OF THE SOFTWARE PRODUCT
The Software Product has an expiration date, after which you 
understand and agree that you must stop using the Software Product.  
VMware bears no liability for any damages resulting from use or 
attempted use of the Software Product, and no duty to provide any 
support, after the expiration date.

8.  Third Party Rights
Any software provided along with the Software Product that is 
associated with a separate license agreement is licensed to you
under the terms of that license agreement.

9.  Support Services 
VMware may provide you with support services related to the 
Software Product.  Use of any such support services is governed by the 
VMware polices and programs described in the user manual, in "on line" 
documentation and/or other VMware-provided materials.  Any supplemental 
software code that VMware provides to you as part of the support 
services is to be considered part of the Software Product and is subject 
to the terms and conditions of this EULA. With respect to any technical 
information you provide to VMware as part of the support services, 
VMware may use such information for its business purposes, including for 
product support and development. VMware will not use such technical 
information in a form that personally identifies you.

10.  Compliance with Applicable Laws 
You must comply with all applicable laws regarding use of the 
Software Product.

11.  Termination
Without prejudice to any other rights, VMware may terminate this 
EULA if you fail to comply with the terms and conditions of this EULA.  
In such event, you must destroy all copies of the Software Product.

12.  U.S. Government Restricted Rights 
The Software Product is provided with restricted rights. Use, 
duplication, or disclosure by the Government is subject to restrictions 
as set forth in subparagraph (c)(1)(ii) of the Rights
in Technical Data and Computer Software clause at DFARS 252.227-7013 or 
subparagraphs (c)(1) and (2) of the Commercial Computer Software 
Restricted Rights at 48 CFR 52.227-19, as applicable. The manufacturer 
is VMware, Inc., 3145 Porter Drive, Bldg F, Palo Alto, CA 94304.

13.  Export Restrictions
You will not export (including transferring electronically over 
any network, including the Internet) or re-export the Software Product, 
any part thereof, or any process or service that is the direct product 
of the Software Product (collectively referred to as the "Restricted 
Components"), to any country, person or entity -- even to foreign units 
of your own company -- subject to U.S. export restrictions.  You 
specifically agree not to export or re-export any of the Restricted 
Components (i) to any country to which the U.S. has embargoed or 
restricted the export of goods or services, which currently include, but 
are not necessarily limited to Cuba, Iran, Iraq, Libya, North Korea, 
Sudan, Syria, and the Federal Republic of Yugoslavia (Serbia and 
Montenegro, U.N. Protected Areas and areas of the Republic of Bosnia and 
Herzegovina under the control of Bosnian Serb forces), or to any 
national of any such country, wherever located, who intends to transmit 
or transport the products back to such country; (ii) to any entity who 
you know or have reason to know will utilize the Restricted Components 
in the design, development or production of nuclear, chemical or 
biological weapons; or (iii) to any entity who you know or have reason 
to know has been prohibited from participating in U.S. export 
transactions by any federal agency of the U.S. government.  You warrant 
and represent that neither the Bureau of Export Administration nor any 
other U.S. federal agency has suspended, revoked or denied your export 
privileges.

14.  NO WARRANTIES
YOU ACCEPT THE SOFTWARE PRODUCT "AS IS" AND VMWARE MAKES NO 
WARRANTY AS TO ITS USE OR PERFORMANCE.  TO THE MAXIMUM EXTENT PERMITTED 
BY APPLICABLE LAW, VMWARE DISCLAIMS ALL OTHER WARRANTIES AND CONDITIONS, 
EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED 
WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR 
PURPOSE, TITLE AND NON-INFRINGEMENT, WITH REGARD TO THE SOFTWARE 
PRODUCT, AND THE PROVISION OF OR FAILURE TO PROVIDE SUPPORT SERVICES.  
THIS LIMITED WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS.  YOU MAY HAVE 
OTHERS, WHICH VARY FROM STATE/JURISDICTION TO STATE/JURISDICTION.  THE 
ENTIRE RISK ARISING OUT OF USE OR PERFORMANCE OF THE SOFTWARE PRODUCT 
REMAINS WITH YOU.

15.  LIMITATION OF LIABILITY
THE LIMITATION OF LIABILITY IS TO THE MAXIMUM EXTENT PERMITTED BY 
APPLICABLE LAW, IN NO EVENT SHALL VMWARE BE LIABLE FOR ANY SPECIAL, 
INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES WHATSOEVER (INCLUDING, 
WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS 
INTERRUPTION, LOSS OF BUSINESS INFORMATION, OR ANY OTHER PECUNIARY LOSS) 
ARISING OUT OF THE USE OF OR INABILITY TO USE THE SOFTWARE PRODUCT OR 
THE FAILURE TO PROVIDE SUPPORT SERVICES, EVEN IF VMWARE HAS BEEN ADVISED 
OF THE POSSIBILITY OF SUCH DAMAGES.  IN ANY CASE, VMWARE'S ENTIRE 
LIABILITY UNDER ANY PROVISION OF THIS EULA SHALL BE LIMITED TO THE 
GREATER OF THE AMOUNT ACTUALLY PAID BY YOU FOR THE SOFTWARE PRODUCT OR 
U.S.$5.00; PROVIDED, HOWEVER, THAT IF YOU HAVE ENTERED INTO A VMWARE 
SUPPORT SERVICES AGREEMENT, VMWARE'S ENTIRE LIABILITY REGARDING SUPPORT 
SERVICES SHALL BE GOVERNED BY THE TERMS OF THAT AGREEMENT.  BECAUSE SOME 
STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF 
LIABILITY, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.

16.  Governing Law
This EULA is governed by the laws of the State of California, 
U.S.A., excluding the application of its conflict of law rules.  

17.  Contact Info 
If you have any questions about this EULA, or if you want to 
contact VMware for any reason, please contact VMware: VMware 
Corporation, 3145 Porter Drive, Bldg F, Palo Alto, CA 94304 or email 
info@vmware.com.





