This provision represents one of the most significant risks during a customer`s relationship with VMWare. Customer must accurately keep all records related to VMware usage and license information. If a customer does not properly consider its usage, VMware may attempt to extrapolate the data in a light that is least favorable to the customer, which could significantly increase its financial damage in the event of non-compliance. In addition, failure to comply with the terms of the license agreement may result in involuntary termination. See the VMware End User License Agreement (“EULA”), Section 10. Yes, a third-party vendor may access VMware Tools on a licensee-owned machine, but only if a guest operating system is installed on a virtual machine. The End User License Agreement defines a guest operating system as “instances of licensed third-party operating systems that you have licensed that are installed on a virtual machine and that run with the software.” It is important to note that Customer is responsible for ensuring that any third party it distributes VMware Tools complies with the terms of the License Agreement, or may be held liable for possible copyright infringement and claims of infringement. See the VMware End User License Agreement (“EULA”), sections 1.3 and 2.5. The End User License Agreement does not provide for termination by Licensee, except in the event of termination of the License Term. See the VMware End User License Agreement (“EULA”), Section 10. Specific information, including license keys, prices, marketing materials, or other non-public information exchanged between Customer and VMware is confidential and may not be disclosed without VMWare`s permission. It is important to note that this provision survives the termination of the agreement.
See the VMware End User License Agreement (“EULA”), sections 10 and 11.1. VMware may terminate the license under the EULA for the following reasons: V. Termination: Does VMware have the right to terminate the licenses? No. All terms of the order are subject to the EULA and will not be effective until accepted by VMware. The order may describe the specific use of a product, but if the terms conflict with each other, read the EULA. A change to the EULA requires VMware`s written consent to change the standard license terms. See the VMware End User License Agreement (“EULA”), Section 4. VMware or an external auditor may review a customer once within a 12-month period during normal business hours with “reasonable notice.” A customer must immediately remedy any non-compliance.
If the audit reveals that Customer has underpaid a license fee of more than 5% or has not kept proper records of software usage, Customer shall bear vMware`s audit costs in addition to the remediation fee. See the VMware End User License Agreement (“EULA”), Section 5.VI. Effects of Termination: What happens to licenses after involuntary termination? The EULA grants VMware the right to audit a company at any time during the term of the license (specified in the order) and two years after the end of the license term. This provision requires Customer to retain records for up to two years after the end of the license term and allows VMware to perform a software audit to ensure compliance with the License Agreement. The EULA acknowledges that VMware may obtain and share with a global group of companies to promote the provision of software services, but agrees to act as controller of such information and to comply with applicable data protection laws. See the VMware End User License Agreement (“EULA”), Section 11.4. If VMware terminates a license, Customer will no longer have the right to install or access the Software. In addition, the EULA requires Customer to immediately cease using the Software, uninstall it, and return all media. See the VMware End User License Agreement (“EULA”), Section 10. While a customer may use VMware to provide hosted services to third parties, there are many limitations on the functionality that can be shared without VMware`s written consent. Third parties may not use the Software as service bureaus or application service providers or similar capabilities, and Licensee may not transfer or sublicense any Software without VMware`s consent. In addition, some benchmark test results cannot be shared externally, nor can software reverse engineering information.
The license agreement also restricts circumvention of security protocols, which are also covered by the Digital Millennium Copyright Act (“DMCA”). See the VMware End User License Agreement (“EULA”), Sections 3.1 and 17 U.S. C §1201. “Lexology is one of the few newsfeeds that I really forget when it arrives – the information is up to date; has good descriptive titles so I can quickly see what the articles refer to and is not too long. » VII. Privacy: Can a customer share VMware prices or orders? III. Conflicting Terms: Does an order replace the End User License Agreement? VIII. Data Protection Implications: Does VMware Protect Customer Data? II. What other restrictions apply to use by third parties? I.
Third Party Use: Can Third Parties Access VMware Tools? IV. Audit Rights and Record Retention: What are VMware`s audit rights?. . .
