List of logical networks used in the package
The "Network 1" network
Supported IP assignment schemes
List of the virtual disks and partitions needed
A virtual machine
Appliance ISV branding information
VMware-vSAN-File-Services-Appliance-7.0.0.1000-15817962_OVF10.ovf
VMware Inc.
7.0.0.1000
7.0.0.1000 build 15817962
http://www.vmware.com
https://${vami.ip0.VMware_vSAN_File_Services_Appliance}:5480/
Application
Networking Configuration
vSAN Version Requirements
VAMI Properties
Networking Properties
The domain name of this VM. Leave blank if DHCP is desired.
The domain search path (comma or space separated domain names) for this VM. Leave blank if DHCP is desired.
VM specific properties
End User License Agreement
VMWARE, INC.
BETA LICENSE AGREEMENT
Note: BY CLICKING "I AGREE," ACCESSING, DOWNLOADING,
INSTALLING, UPLOADING, COPYING OR USING THE BETA SOFTWARE,
YOU CONCLUDE AND AGREE TO THIS BETA LICENSE AGREEMENT
("AGREEMENT") IN A LEGALLY BINDING MANNER WITH VMWARE, INC.,
3401 HILLVIEW AVENUE, PALO ALTO, CA 94304, USA ("VMware"). IF YOU
HAVE SPECIFIED IN CONNECTION WITH THE REGISTRATION
PROCESS FOR THIS SOFTWARE BETA TEST PROGRAM THAT YOU
ARE ACTING ON BEHALF OF A COMPANY OR OTHER ORGANIZATION,
YOU REPRESENT THAT YOU ARE AUTHORIZED TO LEGALLY BIND
SUCH ORGANIZATION AND THAT YOU CONCLUDE THE AGREEMENT
ON BEHALF OF SUCH ORGANIZATION. IN THE FOLLOWING, THE
TERMS "YOU" AND "LICENSEE" SHALL REFER, JOINTLY AND
SEVERALLY, TO YOU INDIVIDUALLY AND ANY ORGANIZATION ON
WHOSE BEHALF YOU ACT.
If you do not agree to the terms of this beta license Agreement, then do *not*
click "I AGREE," access, download, install, upload, copy or use the Beta
Software.
1. DEFINITIONS.
(a) "Beta Software" shall mean the beta version of VMware's software
and the media and Documentation provided by VMware to Licensee and for
which Licensee is granted a use license pursuant to this Agreement. The
Beta Software will be provided in object form only.
(b) "Documentation" shall mean the printed or online written reference
material furnished to Licensee in conjunction with the Beta Software,
including, without limitation, instructions, beta testing guidelines, and end user
guides.
(c) "Intellectual Property Rights" shall mean all intellectual property
rights, including, without limitation, patent, copyright, trademark, and trade
secret, recognized in any jurisdiction worldwide, whether perfected or not, and
any similar and other proprietary rights.
(d) "Open Source Software" means code that is provided with the
Beta Software and identified as open source code or otherwise as being
subject to open source license terms.
(e) "Updates" shall mean a modification, error correction, bug fix, new
release, or other update to or for the Beta Software.
2. LICENSE GRANT, USE AND OWNERSHIP
(a) Limited License. Subject to the terms and conditions of this
Agreement, VMware grants to Licensee a non-exclusive, revocable (at any
time and for any reason, at VMware's sole discretion), royalty-free,
non-transferable, non-assignable license (without the right to sublicense):
(i) to use the Beta Software in accordance with the Documentation
solely for purposes of (A) internal testing and evaluation to determine whether
or not to license generally available commercial versions of the Beta Software
if such versions ever become available, and (B) internal development to
create interoperability between the Beta Software and Licensee products,
(ii) to use the Documentation provided with the Beta Software in
support of Licensee's authorized use of the Beta Software, and
(iii) to copy Beta Software for Licensee's archival or backup purposes,
provided that all titles and trademarks, copyright, and restricted rights notices
are reproduced on such copies.
(b) Evaluation Feedback. The purpose of this limited license is the
testing and evaluation of the Beta Software and Documentation and
development by Licensee of Licensee products that interoperate with the Beta
Software. In furtherance of this purpose, Licensee shall provide feedback to
VMware concerning the functionality and performance of the Beta Software
from time to time as reasonably requested by VMware, including, without
limitation, identifying potential errors and improvements (collectively the
"Feedback"). Licensee will provide Feedback in a manner that is mutually
agreeable to the parties. VMware may use Feedback, without restriction in
any manner now known or in the future conceived, to improve or enhance its
products and, accordingly, and you hereby grant to VMware a non-exclusive,
perpetual, irrevocable, royalty-free, transferable, worldwide right and license,
with the right to sublicense (i) to use, reproduce, disclose, distribute, modify,
prepare derivative works of and otherwise exploit the Feedback and other
information you provide to VMware under this Agreement, and (ii) to make,
use, sell, offer to sell, import and export any product or service that
incorporates the Feedback and other information you provide to VMware
under this Agreement.
(c) Restrictions. Licensee shall not disclose, provide, or disseminate
in any manner the Beta Software (including the Documentation) or
Confidential Information to any third party, including but not limited to its
partners, affiliates or subsidiaries. Except to the extent contrary to any
applicable laws, Licensee will not, and will not permit any third party to,
sublicense, rent, copy, modify, create derivative works of, translate, reverse
engineer, decompile, disassemble, or otherwise reduce to human perceivable
form any portion of the Beta Software or accompanying Documentation.
Without limiting the generality of the foregoing, Licensee shall not use the
Beta Software for Licensee's product development or any other commercial
purpose, including, but not limited to sales or marketing activities, except as
expressly permitted in this Agreement. The Beta Software and all
performance data and test results, including without limitation, benchmark test
results (collectively "Performance Data"), relating to the Beta Software are
the Confidential Information of VMware, and will be treated in accordance
with the terms of Section 4 of this Agreement. Accordingly, Licensee shall not
publish or disclose to any third party any Performance Data relating to the
Beta Software.
(d) Ownership. VMware shall own and retain all right, title and
interest in and to the Intellectual Property Rights in the Beta Software and any
derivative works thereof, subject only to the limited license expressly set forth
in Section 2(a) hereof. Licensee does not acquire any other rights, express or
implied, in the Beta Software. ALL RIGHTS NOT EXPRESSLY GRANTED
HEREUNDER ARE RESERVED TO VMWARE.
(e) No Support Services. VMware is under no obligation to support
the Beta Software in any manner or to provide any Updates to Licensee. In
the event VMware, in its sole discretion, supplies any Update to Licensee, the
Update shall be deemed Beta Software under this Agreement and shall be
subject to the terms and conditions of this Agreement.
(f) Third-Party Software. The Beta Software may enable a computer
to run multiple instances of third-party guest operating systems and
application programs. Licensee acknowledges that Licensee is responsible
for obtaining any licenses necessary to operate any third-party software,
including guest operating systems and application programs.
(g) Open Source Software. Except Sections 5, 6, and 7, the terms
and conditions of this Agreement shall not apply to any Open Source
Software accompanying the Beta Software. Any such Open Source
Software is provided under the terms of the applicable open source license
agreement or copyright notice accompanying such Open Source Software or
included in the open source licenses file accompanying the Beta Software.
(h) The Beta Software may be used to automatically download content
directly from third parties. Licensee is solely responsible for complying with
any third party license terms for the content that Licensee chooses to
download. The terms of this Agreement will supersede and control over
the license terms of any generally availability release VMware software
that is downloaded by the Beta Software and applied as a patch to
VMware software that has not been made available as a generally
availability release.
3. TERM AND TERMINATION. Unless otherwise terminated as
specified under this Agreement, Licensee's rights with respect to the Beta
Software will terminate upon the earlier of (a) the initial commercial release by
VMware of a generally available version of the Beta Software or (b) automatic
expiration of the Beta Software based on the system date. Either party may
terminate this Agreement at any time for any reason or no reason by
providing the other party advance written notice thereof. Licensee agrees that
this Agreement will automatically terminate without notice in the event
Licensee discloses the Beta Software in breach of Section 4 (Confidentiality)
below. Upon any expiration or termination of this Agreement, the rights and
licenses granted to Licensee under this Agreement shall immediately
terminate, and Licensee shall immediately cease using, and will destroy or
render practically inaccessible the Beta Software, Documentation, and all
other tangible items in Licensee's possession or control that contain
Confidential Information. The rights and obligations of the parties set forth in
Sections 2(b), 2(c), 2(d), 2(e), 2(f), 2(g), 3, 4, 5, 6, 7 and 8 survive termination
or expiration of this Agreement for any reason.
4. CONFIDENTIALITY.
(a) "Confidential Information" shall mean the Beta Software, all
information regarding the Beta Software (including any trade secrets,
know-how, inventions, techniques, processes, and algorithms embodied in
the Beta Software), Documentation, Performance Data, any Updates,
VMware products, product roadmaps, and other technical, business, financial
and product development plans, forecasts and strategies, and other
information provided by VMware to Licensee under this Agreement, whether
disclosed orally, in writing, or by examination or inspection, other than
information that Licensee can demonstrate (i) was already known to
Licensee, other than under an obligation of confidentiality, at the time of
disclosure; (ii) was generally available in the public domain at the time of
disclosure to Licensee; (iii) became generally available in the public domain
after disclosure other than through any act or omission of Licensee; (iv) was
subsequently lawfully disclosed to Licensee by a third party without any
obligation of confidentiality; or (v) was independently developed by Licensee
without use of or reference to any information or materials disclosed by
VMware or its suppliers. If Licensee wishes to disclose to VMware any
information under this Agreement that Licensee considers proprietary or
confidential to Licensee ("Licensee Information"), then Licensee agrees such
disclose will be governed by a separate non-disclosure agreement ("NDA") by
and between the parties. If Licensee is required to disclose Confidential
Information by applicable law or court order, Licensee shall notify VMware of
the required disclosure promptly in writing and shall cooperate with VMware
in any lawful action to contest or limit the scope of the required disclosure.
Licensee shall not use any Confidential Information for any purpose other
than as expressly authorized under this Agreement. In no event shall
Licensee use the Beta Software or any Confidential Information to develop,
manufacture, market, sell, or distribute any product or service, including any
VMware products except as expressly set forth in this Agreement. Licensee
shall not disclose any Confidential Information to any third party. Without
limiting the foregoing, Licensee shall use at least the same degree of care
that it uses to prevent the disclosure of its own confidential information of like
importance, but in no event less than reasonable care, to prevent the
disclosure of such Confidential Information.
(b) Additional Confidentiality Restrictions for Highly Confidential Beta
Software. For certain Beta Software designated by VMware in writing as
highly confidential ("Highly Confidential Beta Software"), Licensee agrees that
the following, additional confidentiality obligations and restrictions will apply:
(i) Licensee shall limit dissemination of Highly Confidential
Beta Software and related information concerning product features,
future technologies and roadmaps only to Information Technology
teams and/or software/solutions development teams of Licensee
approved in writing by VMware, and only to individuals on such teams
on a need-to-know basis and solely for purposes expressly authorized
under this Agreement. For clarity and without limiting the generality of
the foregoing, Licensee shall not disseminate any Highly Confidential
Beta Software to Licensee's sales and marketing field organizations.
Licensee will assign an employee who will be primarily responsible for
ensuring Licensee's full compliance with the terms described in this
Section 4(b) herein.
(ii) Improper Disclosure of Highly Confidential Beta Software.
Licensee acknowledges that damages due to Licensee's improper
disclosure of Highly Confidential Beta Software or related information
concerning product features, future technologies and roadmaps may
be irreparable and that monetary damages would be inadequate to
compensate VMware for any breach of this Agreement. In the event
that VMware reasonably believes that Licensee has disseminated
Highly Confidential Beta Software or related information concerning
product features, future technologies and roadmaps to an unauthorized
party, Licensee will be immediately removed from VMware's Beta
Software program and will not be permitted to participate in any
VMware Beta Software program in the future. Additionally, all rights
and licenses granted to Licensee under this Agreement shall
immediately terminate in accordance with Section 3 herein (Term and
Termination), and (b) in addition to all other remedies available in law
or otherwise, VMware is entitled to seek equitable relief, including
injunction and preliminary injunction against the threatened breach of
this Agreement or the continuation of any such breach.
5. LIMITATION OF LIABILITY. IT IS UNDERSTOOD THAT THE BETA
SOFTWARE IS PROVIDED WITHOUT CHARGE FOR THE PURPOSES
EXPRESSLY PERMITTED UNDER THIS AGREEMENT. ACCORDINGLY,
TO THE FULLEST EXTENT PERMITTED BY LAW, BUT SUBJECT
ALWAYS TO THIS SECTION 5, THE TOTAL LIABILITY OF VMWARE AND
ITS LICENSORS ARISING OUT OF OR RELATED TO THIS AGREEMENT
SHALL NOT EXCEED $1.00. TO THE FULLEST EXTENT PERMITTED BY
LAW, IN NO EVENT SHALL VMWARE OR ITS LICENSORS HAVE
LIABILITY FOR ANY INDIRECT, INCIDENTAL, SPECIAL, OR
CONSEQUENTIAL DAMAGES OR DAMAGES FOR LOSS OF BUSINESS
PROFITS, BUSINESS INTERRUPTION, OR LOSS OF BUSINESS
INFORMATION, HOWEVER CAUSED AND ON ANY THEORY OF
LIABILITY (INCLUDING WITHOUT LIMITATION, TORT, STATUTE,
CONTRACT OR OTHER), EVEN IF VMWARE AND ITS LICENSORS HAVE
BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THESE
LIMITATIONS SHALL APPLY NOTWITHSTANDING ANY FAILURE OF
ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. THE PARTIES
ACKNOWLEDGE THAT THE VARIOUS CONSIDERATIONS DUE TO
VMWARE IN ACCORDANCE WITH THE TERMS OF THIS AGREEMENT
WERE TAKEN INTO ACCOUNT IN DETERMINING THE LIMITATION OF
LIABILITY SET FORTH IN THIS SECTION 5. LICENSEE ACKNOWLEDGES
AND AGREES THIS LIMITATION IS AN ESSENTIAL ELEMENT OF THIS
AGREEMENT AND THAT VMWARE WOULD NOT ENTER INTO THIS
AGREEMENT WITHOUT THESE LIMITATIONS ON ITS LIABILITY. You can
recover from Microsoft and its suppliers only direct damages up to U.S. $5.00,
and you cannot recover from Microsoft any other damages, including
consequential, lost profits, special, indirect or incidental damages.
6. WARRANTY DISCLAIMER. IT IS UNDERSTOOD THAT THE BETA
SOFTWARE, OPEN SOURCE SOFTWARE, DOCUMENTATION, AND ANY
UPDATES MAY CONTAIN ERRORS AND ARE PROVIDED FOR THE
PURPOSES EXPRESSLY PERMITTED UNDER THIS AGREEMENT. TO
THE FULLEST EXTENT PERMITTED BY LAW, AND SUBJECT TO
SECTION 5, THE BETA SOFTWARE, THE OPEN SOURCE SOFTWARE,
THE DOCUMENTATION, AND ANY UPDATES ARE PROVIDED "AS IS"
WITHOUT WARRANTY OF ANY KIND, WHETHER EXPRESS, IMPLIED,
STATUTORY, OR OTHERWISE. TO THE FULLEST EXTENT PERMITTED
BY LAW, AND SUBJECT TO SECTION 5, VMWARE AND ITS LICENSORS
SPECIFICALLY DISCLAIM ALL IMPLIED WARRANTIES OF
MERCHANTABILITY, NONINFRINGEMENT, AND FITNESS FOR A
PARTICULAR PURPOSE. Licensee acknowledges that VMware has not
publicly announced the availability of the Beta Software, that such Beta
Software may contain features currently under development, that VMware
has not promised or guaranteed to Licensee that such Beta Software will be
announced or made available to anyone in the future, that VMware has no
express or implied obligation to Licensee to announce or introduce the Beta
Software, that VMware may not introduce a product similar to or compatible
with the Beta Software, and that any version number (if any) referenced is
subject to change and does not in any way represent VMware's commitment
to release any product in the future. Accordingly, Licensee acknowledges that
any research or development that it performs regarding the Beta Software or
any product associated with the Beta Software is done entirely at Licensee's
own risk. Specifically, the Beta Software may contain features, functionality
or modules that may not be included in the generally available commercial
version of the Beta Software, if released, or that will be marketed separately
for additional fees.
7. OTHER PROVISIONS
(a) Governing Law, Injunctive Relief and Legal Costs.
(aa) Choice of Law. This Agreement and any dispute arising out of
or related to this Agreement or the Beta Software ("Dispute") will be
governed by California law, without regard to its choice of law
principles. The United Nations Convention for the International Sale
of Goods shall not apply.
(bb) Injunctive Relief. Either party may, at its sole discretion, seek
preliminary judicial relief in any court of competent jurisdiction
(including, but not limited to, preliminary injunctive relief). Also, the
provisions of this Section 7 (a) may be enforced by any court of
competent jurisdiction.
(b) Export Regulations. The Beta Software is of United States origin
and is provided subject to the U.S. Export Administration
Regulations. Diversion contrary to U.S. law is prohibited. Without limiting
the foregoing, you agree that (1) you are not, and are not acting on behalf of,
any person who is a citizen, national, or resident of, or who is controlled by
the government of, Cuba, Iran, North Korea, Sudan, or Syria, or any other
country to which the United States has prohibited export transactions; (2) you
are not, and are not acting on behalf of, 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 (3) you will not use the Beta Software for, and will not permit the
Beta Software to be used for, any purposes prohibited by law, including,
without limitation, for any prohibited development, design, manufacture or
production of missiles or nuclear, chemical or biological weapons. U.S.
Export Control Classification Numbers (ECCN's) may be found at VMware
help page: http://www.vmware.com/help/export-control.
(c) Modification. This is the entire agreement between the parties
relating to the subject matter hereof and to the fullest extent permitted by law,
all other terms, representations, negotiations, arrangements or
understandings are rejected. This Agreement supersedes and replaces any
other agreements, representations, negotiations, arrangements or
understandings between the parties and Licensee hereby waives any form
requirements that may be contained in previous agreements and agrees that
this Agreement shall take precedent with respect to its subject matter. No
party has entered into this Agreement relying on any representations made by
or on behalf of the other, other than those expressly made in this Agreement.
No waiver or modification of this Agreement shall be valid unless in writing
signed by each party.
(d) Language of Contract. The parties have required that this
Agreement and all documents relating thereto be drawn up in English. Les
parties ont demandé que cette convention ainsi que tous les documents que
s'y attachent soient rédigés en anglais.
(e) Severability. If any provision of this Agreement is held to be illegal,
invalid or unenforceable, the provision will be enforced to the maximum extent
permissible so as to effect the intent of the parties, and the remaining
provisions of this Agreement will remain in full force and effect.
(f) Waivers. Any waiver of these terms must be in writing and signed
by the waiving party to be effective.
(g) Data Collection and Privacy.
(i) Consent for Collection and Use of Technical Data. You agree
that VMware may periodically collect, process and store technical
and related information about your device, system, application,
peripherals and your use of the Beta Software, including without
limitation: internet protocol address, hardware identification,
operating system, application software, peripheral hardware,
number of active plugins and software development kits, the
successful installation and launch of Beta Software, and Beta
Software usage statistics (collectively, "Technical Data"). VMware
will use Technical Data for internal statistical and analytical
purposes to facilitate support, invoicing or online services, the
provisioning of updates, and the development of VMware products
and services. VMware may transfer Technical Data to other
companies in the VMware worldwide group of companies from time
to time.
(ii) Log Files. You acknowledge that correspondence and log files
generated in conjunction with a request for support services may
contain sensitive, confidential or personal information. You are
solely responsible for taking the steps necessary to protect such
data, including obfuscating the logs or otherwise guarding such
information prior to sending it to VMware.
(h) Independent Parties. The parties are independent. Nothing in
this Agreement shall be construed to create a partnership, joint
venture, contractor, or agency relationship between the parties.
8. ASSIGNMENT. Licensee shall not and cannot assign this Agreement
or any rights or obligations hereunder, directly or indirectly, by operation of
law, merger, acquisition of stock or assets, or otherwise without the prior
written consent of VMware. Any attempted assignment or transfer in violation
of the foregoing will be null and void. Subject to the foregoing, this Agreement
shall inure to the benefit of and be binding upon the parties and their
respective successors and permitted assigns.
9. CONTACT INFORMATION. If you have any questions about this
Agreement, please direct all correspondence to: VMware, Inc., 3401 Hillview
Avenue, Palo Alto, CA 94304, United States of America. VMware is a
trademark of VMware, Inc. and is registered in the U.S. and numerous other
countries.
Copyright and Patent Statement
Copyright © 1998-2017 VMware, Inc. All rights reserved. This product is protected by copyright and intellectual property laws in the United States and other countries as well as by international treaties. VMware products are covered by one or more patents listed at http://www.vmware.com/go/patents.
VMware-vSAN-File-Services-Appliance-7.0.0.1000-15817962_OVF10.ovf
Guest Operating System
Photon OS
Virtual Hardware Requirements
Virtual Hardware Family
0
vmx-13
-
hertz * 10^6
Number of virtual CPUs
4 virtual CPUs
1
3
4
-
byte * 2^20
Memory Size
4096 MB of memory
2
4
4096
-
true
Network 1
Ethernet adapter on "Network 1"
3
vmxnet3
10
-
0
SCSI Controller 0 - LSI Logic
4
lsilogic
6
-
0
Harddisk 1
ovf:/disk/system
5
4
17
-
1
Harddisk 2
ovf:/disk/cloudcomponents
9
4
17
-
2
Harddisk 3
ovf:/disk/log
6
4
17
-
0
IDE Controller 0
7
5
-
0
false
CD/DVD Drive 1
8
7
15
VMWARE, INC.
BETA LICENSE AGREEMENT
Note: BY CLICKING "I AGREE," ACCESSING, DOWNLOADING,
INSTALLING, UPLOADING, COPYING OR USING THE BETA SOFTWARE,
YOU CONCLUDE AND AGREE TO THIS BETA LICENSE AGREEMENT
("AGREEMENT") IN A LEGALLY BINDING MANNER WITH VMWARE, INC.,
3401 HILLVIEW AVENUE, PALO ALTO, CA 94304, USA ("VMware"). IF YOU
HAVE SPECIFIED IN CONNECTION WITH THE REGISTRATION
PROCESS FOR THIS SOFTWARE BETA TEST PROGRAM THAT YOU
ARE ACTING ON BEHALF OF A COMPANY OR OTHER ORGANIZATION,
YOU REPRESENT THAT YOU ARE AUTHORIZED TO LEGALLY BIND
SUCH ORGANIZATION AND THAT YOU CONCLUDE THE AGREEMENT
ON BEHALF OF SUCH ORGANIZATION. IN THE FOLLOWING, THE
TERMS "YOU" AND "LICENSEE" SHALL REFER, JOINTLY AND
SEVERALLY, TO YOU INDIVIDUALLY AND ANY ORGANIZATION ON
WHOSE BEHALF YOU ACT.
If you do not agree to the terms of this beta license Agreement, then do *not*
click "I AGREE," access, download, install, upload, copy or use the Beta
Software.
1. DEFINITIONS.
(a) "Beta Software" shall mean the beta version of VMware's software
and the media and Documentation provided by VMware to Licensee and for
which Licensee is granted a use license pursuant to this Agreement. The
Beta Software will be provided in object form only.
(b) "Documentation" shall mean the printed or online written reference
material furnished to Licensee in conjunction with the Beta Software,
including, without limitation, instructions, beta testing guidelines, and end user
guides.
(c) "Intellectual Property Rights" shall mean all intellectual property
rights, including, without limitation, patent, copyright, trademark, and trade
secret, recognized in any jurisdiction worldwide, whether perfected or not, and
any similar and other proprietary rights.
(d) "Open Source Software" means code that is provided with the
Beta Software and identified as open source code or otherwise as being
subject to open source license terms.
(e) "Updates" shall mean a modification, error correction, bug fix, new
release, or other update to or for the Beta Software.
2. LICENSE GRANT, USE AND OWNERSHIP
(a) Limited License. Subject to the terms and conditions of this
Agreement, VMware grants to Licensee a non-exclusive, revocable (at any
time and for any reason, at VMware's sole discretion), royalty-free,
non-transferable, non-assignable license (without the right to sublicense):
(i) to use the Beta Software in accordance with the Documentation
solely for purposes of (A) internal testing and evaluation to determine whether
or not to license generally available commercial versions of the Beta Software
if such versions ever become available, and (B) internal development to
create interoperability between the Beta Software and Licensee products,
(ii) to use the Documentation provided with the Beta Software in
support of Licensee's authorized use of the Beta Software, and
(iii) to copy Beta Software for Licensee's archival or backup purposes,
provided that all titles and trademarks, copyright, and restricted rights notices
are reproduced on such copies.
(b) Evaluation Feedback. The purpose of this limited license is the
testing and evaluation of the Beta Software and Documentation and
development by Licensee of Licensee products that interoperate with the Beta
Software. In furtherance of this purpose, Licensee shall provide feedback to
VMware concerning the functionality and performance of the Beta Software
from time to time as reasonably requested by VMware, including, without
limitation, identifying potential errors and improvements (collectively the
"Feedback"). Licensee will provide Feedback in a manner that is mutually
agreeable to the parties. VMware may use Feedback, without restriction in
any manner now known or in the future conceived, to improve or enhance its
products and, accordingly, and you hereby grant to VMware a non-exclusive,
perpetual, irrevocable, royalty-free, transferable, worldwide right and license,
with the right to sublicense (i) to use, reproduce, disclose, distribute, modify,
prepare derivative works of and otherwise exploit the Feedback and other
information you provide to VMware under this Agreement, and (ii) to make,
use, sell, offer to sell, import and export any product or service that
incorporates the Feedback and other information you provide to VMware
under this Agreement.
(c) Restrictions. Licensee shall not disclose, provide, or disseminate
in any manner the Beta Software (including the Documentation) or
Confidential Information to any third party, including but not limited to its
partners, affiliates or subsidiaries. Except to the extent contrary to any
applicable laws, Licensee will not, and will not permit any third party to,
sublicense, rent, copy, modify, create derivative works of, translate, reverse
engineer, decompile, disassemble, or otherwise reduce to human perceivable
form any portion of the Beta Software or accompanying Documentation.
Without limiting the generality of the foregoing, Licensee shall not use the
Beta Software for Licensee's product development or any other commercial
purpose, including, but not limited to sales or marketing activities, except as
expressly permitted in this Agreement. The Beta Software and all
performance data and test results, including without limitation, benchmark test
results (collectively "Performance Data"), relating to the Beta Software are
the Confidential Information of VMware, and will be treated in accordance
with the terms of Section 4 of this Agreement. Accordingly, Licensee shall not
publish or disclose to any third party any Performance Data relating to the
Beta Software.
(d) Ownership. VMware shall own and retain all right, title and
interest in and to the Intellectual Property Rights in the Beta Software and any
derivative works thereof, subject only to the limited license expressly set forth
in Section 2(a) hereof. Licensee does not acquire any other rights, express or
implied, in the Beta Software. ALL RIGHTS NOT EXPRESSLY GRANTED
HEREUNDER ARE RESERVED TO VMWARE.
(e) No Support Services. VMware is under no obligation to support
the Beta Software in any manner or to provide any Updates to Licensee. In
the event VMware, in its sole discretion, supplies any Update to Licensee, the
Update shall be deemed Beta Software under this Agreement and shall be
subject to the terms and conditions of this Agreement.
(f) Third-Party Software. The Beta Software may enable a computer
to run multiple instances of third-party guest operating systems and
application programs. Licensee acknowledges that Licensee is responsible
for obtaining any licenses necessary to operate any third-party software,
including guest operating systems and application programs.
(g) Open Source Software. Except Sections 5, 6, and 7, the terms
and conditions of this Agreement shall not apply to any Open Source
Software accompanying the Beta Software. Any such Open Source
Software is provided under the terms of the applicable open source license
agreement or copyright notice accompanying such Open Source Software or
included in the open source licenses file accompanying the Beta Software.
(h) The Beta Software may be used to automatically download content
directly from third parties. Licensee is solely responsible for complying with
any third party license terms for the content that Licensee chooses to
download. The terms of this Agreement will supersede and control over
the license terms of any generally availability release VMware software
that is downloaded by the Beta Software and applied as a patch to
VMware software that has not been made available as a generally
availability release.
3. TERM AND TERMINATION. Unless otherwise terminated as
specified under this Agreement, Licensee's rights with respect to the Beta
Software will terminate upon the earlier of (a) the initial commercial release by
VMware of a generally available version of the Beta Software or (b) automatic
expiration of the Beta Software based on the system date. Either party may
terminate this Agreement at any time for any reason or no reason by
providing the other party advance written notice thereof. Licensee agrees that
this Agreement will automatically terminate without notice in the event
Licensee discloses the Beta Software in breach of Section 4 (Confidentiality)
below. Upon any expiration or termination of this Agreement, the rights and
licenses granted to Licensee under this Agreement shall immediately
terminate, and Licensee shall immediately cease using, and will destroy or
render practically inaccessible the Beta Software, Documentation, and all
other tangible items in Licensee's possession or control that contain
Confidential Information. The rights and obligations of the parties set forth in
Sections 2(b), 2(c), 2(d), 2(e), 2(f), 2(g), 3, 4, 5, 6, 7 and 8 survive termination
or expiration of this Agreement for any reason.
4. CONFIDENTIALITY.
(a) "Confidential Information" shall mean the Beta Software, all
information regarding the Beta Software (including any trade secrets,
know-how, inventions, techniques, processes, and algorithms embodied in
the Beta Software), Documentation, Performance Data, any Updates,
VMware products, product roadmaps, and other technical, business, financial
and product development plans, forecasts and strategies, and other
information provided by VMware to Licensee under this Agreement, whether
disclosed orally, in writing, or by examination or inspection, other than
information that Licensee can demonstrate (i) was already known to
Licensee, other than under an obligation of confidentiality, at the time of
disclosure; (ii) was generally available in the public domain at the time of
disclosure to Licensee; (iii) became generally available in the public domain
after disclosure other than through any act or omission of Licensee; (iv) was
subsequently lawfully disclosed to Licensee by a third party without any
obligation of confidentiality; or (v) was independently developed by Licensee
without use of or reference to any information or materials disclosed by
VMware or its suppliers. If Licensee wishes to disclose to VMware any
information under this Agreement that Licensee considers proprietary or
confidential to Licensee ("Licensee Information"), then Licensee agrees such
disclose will be governed by a separate non-disclosure agreement ("NDA") by
and between the parties. If Licensee is required to disclose Confidential
Information by applicable law or court order, Licensee shall notify VMware of
the required disclosure promptly in writing and shall cooperate with VMware
in any lawful action to contest or limit the scope of the required disclosure.
Licensee shall not use any Confidential Information for any purpose other
than as expressly authorized under this Agreement. In no event shall
Licensee use the Beta Software or any Confidential Information to develop,
manufacture, market, sell, or distribute any product or service, including any
VMware products except as expressly set forth in this Agreement. Licensee
shall not disclose any Confidential Information to any third party. Without
limiting the foregoing, Licensee shall use at least the same degree of care
that it uses to prevent the disclosure of its own confidential information of like
importance, but in no event less than reasonable care, to prevent the
disclosure of such Confidential Information.
(b) Additional Confidentiality Restrictions for Highly Confidential Beta
Software. For certain Beta Software designated by VMware in writing as
highly confidential ("Highly Confidential Beta Software"), Licensee agrees that
the following, additional confidentiality obligations and restrictions will apply:
(i) Licensee shall limit dissemination of Highly Confidential
Beta Software and related information concerning product features,
future technologies and roadmaps only to Information Technology
teams and/or software/solutions development teams of Licensee
approved in writing by VMware, and only to individuals on such teams
on a need-to-know basis and solely for purposes expressly authorized
under this Agreement. For clarity and without limiting the generality of
the foregoing, Licensee shall not disseminate any Highly Confidential
Beta Software to Licensee's sales and marketing field organizations.
Licensee will assign an employee who will be primarily responsible for
ensuring Licensee's full compliance with the terms described in this
Section 4(b) herein.
(ii) Improper Disclosure of Highly Confidential Beta Software.
Licensee acknowledges that damages due to Licensee's improper
disclosure of Highly Confidential Beta Software or related information
concerning product features, future technologies and roadmaps may
be irreparable and that monetary damages would be inadequate to
compensate VMware for any breach of this Agreement. In the event
that VMware reasonably believes that Licensee has disseminated
Highly Confidential Beta Software or related information concerning
product features, future technologies and roadmaps to an unauthorized
party, Licensee will be immediately removed from VMware's Beta
Software program and will not be permitted to participate in any
VMware Beta Software program in the future. Additionally, all rights
and licenses granted to Licensee under this Agreement shall
immediately terminate in accordance with Section 3 herein (Term and
Termination), and (b) in addition to all other remedies available in law
or otherwise, VMware is entitled to seek equitable relief, including
injunction and preliminary injunction against the threatened breach of
this Agreement or the continuation of any such breach.
5. LIMITATION OF LIABILITY. IT IS UNDERSTOOD THAT THE BETA
SOFTWARE IS PROVIDED WITHOUT CHARGE FOR THE PURPOSES
EXPRESSLY PERMITTED UNDER THIS AGREEMENT. ACCORDINGLY,
TO THE FULLEST EXTENT PERMITTED BY LAW, BUT SUBJECT
ALWAYS TO THIS SECTION 5, THE TOTAL LIABILITY OF VMWARE AND
ITS LICENSORS ARISING OUT OF OR RELATED TO THIS AGREEMENT
SHALL NOT EXCEED $1.00. TO THE FULLEST EXTENT PERMITTED BY
LAW, IN NO EVENT SHALL VMWARE OR ITS LICENSORS HAVE
LIABILITY FOR ANY INDIRECT, INCIDENTAL, SPECIAL, OR
CONSEQUENTIAL DAMAGES OR DAMAGES FOR LOSS OF BUSINESS
PROFITS, BUSINESS INTERRUPTION, OR LOSS OF BUSINESS
INFORMATION, HOWEVER CAUSED AND ON ANY THEORY OF
LIABILITY (INCLUDING WITHOUT LIMITATION, TORT, STATUTE,
CONTRACT OR OTHER), EVEN IF VMWARE AND ITS LICENSORS HAVE
BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THESE
LIMITATIONS SHALL APPLY NOTWITHSTANDING ANY FAILURE OF
ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. THE PARTIES
ACKNOWLEDGE THAT THE VARIOUS CONSIDERATIONS DUE TO
VMWARE IN ACCORDANCE WITH THE TERMS OF THIS AGREEMENT
WERE TAKEN INTO ACCOUNT IN DETERMINING THE LIMITATION OF
LIABILITY SET FORTH IN THIS SECTION 5. LICENSEE ACKNOWLEDGES
AND AGREES THIS LIMITATION IS AN ESSENTIAL ELEMENT OF THIS
AGREEMENT AND THAT VMWARE WOULD NOT ENTER INTO THIS
AGREEMENT WITHOUT THESE LIMITATIONS ON ITS LIABILITY. You can
recover from Microsoft and its suppliers only direct damages up to U.S. $5.00,
and you cannot recover from Microsoft any other damages, including
consequential, lost profits, special, indirect or incidental damages.
6. WARRANTY DISCLAIMER. IT IS UNDERSTOOD THAT THE BETA
SOFTWARE, OPEN SOURCE SOFTWARE, DOCUMENTATION, AND ANY
UPDATES MAY CONTAIN ERRORS AND ARE PROVIDED FOR THE
PURPOSES EXPRESSLY PERMITTED UNDER THIS AGREEMENT. TO
THE FULLEST EXTENT PERMITTED BY LAW, AND SUBJECT TO
SECTION 5, THE BETA SOFTWARE, THE OPEN SOURCE SOFTWARE,
THE DOCUMENTATION, AND ANY UPDATES ARE PROVIDED "AS IS"
WITHOUT WARRANTY OF ANY KIND, WHETHER EXPRESS, IMPLIED,
STATUTORY, OR OTHERWISE. TO THE FULLEST EXTENT PERMITTED
BY LAW, AND SUBJECT TO SECTION 5, VMWARE AND ITS LICENSORS
SPECIFICALLY DISCLAIM ALL IMPLIED WARRANTIES OF
MERCHANTABILITY, NONINFRINGEMENT, AND FITNESS FOR A
PARTICULAR PURPOSE. Licensee acknowledges that VMware has not
publicly announced the availability of the Beta Software, that such Beta
Software may contain features currently under development, that VMware
has not promised or guaranteed to Licensee that such Beta Software will be
announced or made available to anyone in the future, that VMware has no
express or implied obligation to Licensee to announce or introduce the Beta
Software, that VMware may not introduce a product similar to or compatible
with the Beta Software, and that any version number (if any) referenced is
subject to change and does not in any way represent VMware's commitment
to release any product in the future. Accordingly, Licensee acknowledges that
any research or development that it performs regarding the Beta Software or
any product associated with the Beta Software is done entirely at Licensee's
own risk. Specifically, the Beta Software may contain features, functionality
or modules that may not be included in the generally available commercial
version of the Beta Software, if released, or that will be marketed separately
for additional fees.
7. OTHER PROVISIONS
(a) Governing Law, Injunctive Relief and Legal Costs.
(aa) Choice of Law. This Agreement and any dispute arising out of
or related to this Agreement or the Beta Software ("Dispute") will be
governed by California law, without regard to its choice of law
principles. The United Nations Convention for the International Sale
of Goods shall not apply.
(bb) Injunctive Relief. Either party may, at its sole discretion, seek
preliminary judicial relief in any court of competent jurisdiction
(including, but not limited to, preliminary injunctive relief). Also, the
provisions of this Section 7 (a) may be enforced by any court of
competent jurisdiction.
(b) Export Regulations. The Beta Software is of United States origin
and is provided subject to the U.S. Export Administration
Regulations. Diversion contrary to U.S. law is prohibited. Without limiting
the foregoing, you agree that (1) you are not, and are not acting on behalf of,
any person who is a citizen, national, or resident of, or who is controlled by
the government of, Cuba, Iran, North Korea, Sudan, or Syria, or any other
country to which the United States has prohibited export transactions; (2) you
are not, and are not acting on behalf of, 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 (3) you will not use the Beta Software for, and will not permit the
Beta Software to be used for, any purposes prohibited by law, including,
without limitation, for any prohibited development, design, manufacture or
production of missiles or nuclear, chemical or biological weapons. U.S.
Export Control Classification Numbers (ECCN's) may be found at VMware
help page: http://www.vmware.com/help/export-control.
(c) Modification. This is the entire agreement between the parties
relating to the subject matter hereof and to the fullest extent permitted by law,
all other terms, representations, negotiations, arrangements or
understandings are rejected. This Agreement supersedes and replaces any
other agreements, representations, negotiations, arrangements or
understandings between the parties and Licensee hereby waives any form
requirements that may be contained in previous agreements and agrees that
this Agreement shall take precedent with respect to its subject matter. No
party has entered into this Agreement relying on any representations made by
or on behalf of the other, other than those expressly made in this Agreement.
No waiver or modification of this Agreement shall be valid unless in writing
signed by each party.
(d) Language of Contract. The parties have required that this
Agreement and all documents relating thereto be drawn up in English. Les
parties ont demandé que cette convention ainsi que tous les documents que
s'y attachent soient rédigés en anglais.
(e) Severability. If any provision of this Agreement is held to be illegal,
invalid or unenforceable, the provision will be enforced to the maximum extent
permissible so as to effect the intent of the parties, and the remaining
provisions of this Agreement will remain in full force and effect.
(f) Waivers. Any waiver of these terms must be in writing and signed
by the waiving party to be effective.
(g) Data Collection and Privacy.
(i) Consent for Collection and Use of Technical Data. You agree
that VMware may periodically collect, process and store technical
and related information about your device, system, application,
peripherals and your use of the Beta Software, including without
limitation: internet protocol address, hardware identification,
operating system, application software, peripheral hardware,
number of active plugins and software development kits, the
successful installation and launch of Beta Software, and Beta
Software usage statistics (collectively, "Technical Data"). VMware
will use Technical Data for internal statistical and analytical
purposes to facilitate support, invoicing or online services, the
provisioning of updates, and the development of VMware products
and services. VMware may transfer Technical Data to other
companies in the VMware worldwide group of companies from time
to time.
(ii) Log Files. You acknowledge that correspondence and log files
generated in conjunction with a request for support services may
contain sensitive, confidential or personal information. You are
solely responsible for taking the steps necessary to protect such
data, including obfuscating the logs or otherwise guarding such
information prior to sending it to VMware.
(h) Independent Parties. The parties are independent. Nothing in
this Agreement shall be construed to create a partnership, joint
venture, contractor, or agency relationship between the parties.
8. ASSIGNMENT. Licensee shall not and cannot assign this Agreement
or any rights or obligations hereunder, directly or indirectly, by operation of
law, merger, acquisition of stock or assets, or otherwise without the prior
written consent of VMware. Any attempted assignment or transfer in violation
of the foregoing will be null and void. Subject to the foregoing, this Agreement
shall inure to the benefit of and be binding upon the parties and their
respective successors and permitted assigns.
9. CONTACT INFORMATION. If you have any questions about this
Agreement, please direct all correspondence to: VMware, Inc., 3401 Hillview
Avenue, Palo Alto, CA 94304, United States of America. VMware is a
trademark of VMware, Inc. and is registered in the U.S. and numerous other
countries.
Copyright © 1998-2017 VMware, Inc. All rights reserved. This product is protected by copyright and intellectual property laws in the United States and other countries as well as by international treaties. VMware products are covered by one or more patents listed at http://www.vmware.com/go/patents.