This provision is one of the most important risks during a client`s relationship with VMWare. The customer must accurately manage all datasets related to VMware`s usage and licensing information. If a customer does not properly consider its use, VMware may try to extrapolate the data in a light unfavourable to the customer, which could significantly increase its financial harm in the event of non-compliance. In addition, non-compliance with the terms of the licence agreement may lead to involuntary termination. See VMware End License Agreement («EULA»), section 10. Yes, a third party can access VMware tools on a licensed computer, but only if a guest operating system is installed on a virtual computer. The end-user license agreement defines a host operating system as «third-party operating system entities that you concede, install on a virtual computer and run with the software.» It is important to note that the customer is responsible for ensuring that third parties who distribute VMware tools in order to comply with the terms of the license agreement or that they can be held responsible for possible copyright violations and contractual claims. See sections 1.3 and 2.5. C.B.A. grants VMware the right to control a business at any time during the licence term (in order) and two years after the license expires.
This provision requires the customer to keep records for up to two years after the license expires and to allow VMware to perform a software audit to ensure compliance with the license agreement. Customers should carefully analyze VMware`s licensing conditions and agreement to ensure that VMWare`s protection is sufficient to meet customer requirements. Although a client may use VMware to provide hosted services to third parties, there are many restrictions on functions that can be shared without VMware`s written consent. Third parties cannot use the Software as service agencies, application providers or similar capabilities, and the licensee cannot transfer or sublicate software without VMware`s approval. In addition, some reference test results may not be disclosed outside or to the software`s engineering inversion information. The licensing agreement also limits the circumvention of security protocols that are also covered by the Digital Millennium Copyright Act («DMCA»). See sections 3.1 and 17.C.1201, sections 3.1 and 17.C.1201. Specific information, including license keys, prices, marketing materials or other non-public information exchanged between the customer and VMware, is confidential and cannot be disclosed without VMWare`s consent. It is important to note that this provision survives at the end of the agreement. See VMware End License Agreement («EULA»), sections 10 and 11.1.
No. All order terms are subject to the CLA and are deemed valid only if they have been accepted by VMware. The order may specify the specific use of a product, but if the conditions are in conflict, look at the CLA. A change in the C.A.A. requires VMware`s written approval to change the standard licensing conditions.