** ESX main-branch ESX GA server EULA test string. **

END USER LICENSE AGREEMENT
FOR VMWARE(TM) ESX SERVER(TM) SOFTWARE PRODUCT
July 31, 2002

VMWARE, INC. LICENSES THIS ESX SERVER 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 TO THE TERMS OF THIS EULA, DO 
NOT INSTALL, COPY OR USE THE SOFTWARE.
  
NOTICE TO CUSTOMER
If you do not agree to the terms of this EULA, do not install, 
activate, or use this software.  This EULA is a contract between 
you (either an individual or an entity) and VMware, Inc. 
("VMware"), which governs your use of this 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 software package includes an ESX Server software product and 
Open Source Software components.  The ESX Server software product 
is composed of a proprietary ESX Server software and management 
interface component (the "Server Software"), a proprietary remote 
console component (the "Remote Console Software") and proprietary 
VmPerl and VmCOM client management libraries (in executable form) 
and related application programming interfaces (the "Client 
Management Software").  This software package may include sample 
client management programs or scripts ("Sample Programs").  You 
may use and distribute Sample Programs under the terms set forth 
in the applicable Sample Programs files. In this EULA, the Server 
Software, Remote Console Software, Client Management Software, 
and associated media, printed materials, and online or electronic 
documentation are collectively referred to as the "Software."   

"Open Source Software" means various open source software 
components, including, without limitation, a version of the PERL 
Interpreter, the Apache HTTP Server, the Open SSL Toolkit, Net-
SNMP, the Sablotron XML Toolkit, Samba, DHCP Server, Perl 
XML::Sablotron; Perl XML DOM; Perl Authen PAM, Perl expat, Perl 
libwww, Perl MIME Base64 Encoder, Perl URI, Perl XML Parser, 
Apache Mod_perl, Apache Mod_SSL, WuFTP, Netkit-ftp, XML::DOM, 
expat, mod_perl, mod_ssl, zlib.h, libpng, Libresolv, Lilo, 
Xfree86,  Tcl/Tk, the Linux operating system, certain device 
drivers and related Linux Programs licensed under the terms of 
applicable open source license agreements included in the 
materials relating to such software "GPL Software" means portions 
of the Open Source Software, including, without limitation, 
portions of the Linux operating system and certain device drivers 
licensed under the terms of the GNU General Public License as 
published by the Free Software Foundation (the "GPL"). 

A "Server" means a single physical computer regardless of the 
number of processors in the computer.  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.  When installed on a Server, the Server Software enables 
you to run multiple instances of third-party operating systems 
(such instances are hereinafter referred to as "Guest Operating 
Systems") and application programs on a single Server.  When 
installed on a computer or terminal other than a Server, the 
Remote Console Software enables a user to access remotely a 
Server on which the Server Software is validly installed. A 
"Virtual Machine" is an instance of a Guest Operating System and 
any application programs installed thereon, running on a 
computing device on which the Server Software is installed, or 
suspended to disk or any other storage media accessible by the 
computing device.  The Client Management Software enables you to 
write programs to manage the Virtual Machines running on or 
accessible by the computing devices on which the Server Software 
is installed.   "Remote Access Services" permit a user to 
interact with the graphical or text-based interface of a Guest 
Operating System from another computing device networked to the 
Server on which the Server Software is installed.  "Network-based 
Services" provided by Guest Operating Systems process information 
delivered over a computer network and exclude Remote Access 
Services.  A software activation file and a serial number 
("Software License Key") issued to you by VMware are required to 
use 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; and (iii) 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 AND AFTER THE EXPIRATION DATE, AND 
HAS NO DUTY TO PROVIDE SUPPORT TO YOU.

OPEN SOURCE SOFTWARE
The Open Source Software is composed of hundreds 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_source_licenses.txt file or other materials 
accompanying the software package.

GPL SOFTWARE
The GPL Software is licensed to you free of charge under the 
terms of the GNU General Public License as published by the Free 
Software 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.  You can redistribute and/or modify the GPL Software 
under the terms of the GPL.  You may obtain a copy of the source 
code corresponding to the binaries for the GPL Software (the "GPL 
Source Files") by downloading the GPL Source Files from VMware's 
Web site at http://www.vmware.com/download/open_sources.html, or 
by sending a request, with your name and address, to VMware at 
the address specified under the heading "Contact Information" 
below, in which case VMware will mail a copy of the GPL Source 
Files to you on a CD or equivalent physical medium.  This offer 
to obtain a copy of the GPL Source Files is valid for three years 
from the date you acquired this ESX Server software product.  

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) use the Software License Key to activate the 
Software; (ii) install or have installed one copy of the Server 
Software (in object code form only) on a single Server; (iii) use 
the Server Software (in object code form only) solely for your 
own internal information processing services and computing needs, 
except that Guest Operating Systems hosted on the Server Software 
may provide Network-based Services, but not Remote Access 
Services, to third parties; (iv) use and reproduce the Remote 
Console Software (in object code form only) for installation and 
operation on an unlimited number of your own internal computers 
or terminals solely for the purpose of accessing the Server on 
which the Server Software is installed; (v) internally use and 
reproduce the Client Management Software to create programs that 
interface with the Client Management Software to manage Virtual 
Machines ("Your Management Programs"); (vi) internally use Your 
Management Programs solely for the purpose of managing Virtual 
Machines operated on VMware software products installed on your 
own internal Servers and computers; and (vi) use the 
documentation accompanying the Software in connection with 
permitted uses of the Software.  

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 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.

LICENSES REQUIRED FOR THIRD-PARTY SOFTWARE
The Software enables a Server to run multiple instances of third-
party guest operating systems and application programs. 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, the Software 
License Key or Your Management Programs 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 
on a service bureau or hosting basis to provide Remote Access 
Services connecting your customers to Guest Operating Systems.

SUPPORT AND SUBSCRIPTION SERVICES NOT INCLUDED
VMware will not provide any support services under this EULA.  
This EULA does not give you any rights to any updates or upgrades 
to the Software or to any extensions or enhancements to the 
Software developed by VMware at any time in the future.   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/pdf/support_terms_conditions.pdf, 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 Server and 
all computers and terminals 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 delivery 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 CONSE-
QUENTIAL 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 FOR THE SOFTWARE LICENSED TO 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 and ESX Server are trademarks of VMware, Inc.





