なお、対象製品一覧に記載する No.1 から No.5 の本ソフトウェアには、本ソフトウェア毎に、対象製品一覧に記載のとおり、第三者ソフトウェアが含まれていま す。当該第三者ソフトウェアには、それぞれの第三者ソフトウェアで指定されているライセンス条件が適用されます。
ソフトウェア使用許諾契約書
株式会社 日立製作所 システム&サービスビジネスサービス&プラットフォームビジネスユニット
株式会社日立製作所(以下「当社」といいます。)は、ダウンロード又はその他の手段により提供され、インストールされた別紙「対象製品一覧」に記載のソフトウェア(以下「本ソフトウェア」といいます。)について、後記「ソフトウェアのご使用条件」により使用を許諾します。
なお、対象製品一覧に記載する No.1 から No.5 の本ソフトウェアには、本ソフトウェア毎に、対象製品一覧に記載のとおり、第三者ソフトウェアが含まれています。当該第三者ソフトウェアには、それぞれの第三者ソフトウェアで指定されているライセンス条件が適用されます。
また、対象製品一覧に記載するNo.6 の本ソフトウェアには、「Apache License, Version2.0」が適用されます。
ソフトウェアのご使用条件
(使用許諾)
第1条 当社はお客様に対し、本ソフトウェアを第2条に定める使用条件の範囲において当社サーバ製品と組み合わせて使用する非独占的な権利を許諾します。
2.本ソフトウェアに添付される電子マニュアルの取り扱いは本ご使用条件の取扱いを準用するものとします。
(使用条件)
第2条 お客様は、本ソフトウェアを日本国内でのみ使用するものとします。
2.お客様は、本ソフトウェアを、必要な数の範囲で複製して使用することができるものとします。
3.お客様は、本ソフトウェアの全部又は一部を逆アセンブル又は逆コンパイルすることはできません。
4.お客様は、本ソフトウェアの全部若しくは一部を改変し、又は他のプログラムと結合してはならないものとします。
(責任の制限)
第3条 当社及び本ソフトウェアの著作権者は、本ソフトウェアの品質又は性能に関する瑕疵等を含め、本ソフトウェアに関し、損害賠償その他一切の責任を負わないものとしま
す。
(権利の譲渡)
第4条 お客様は、本ソフトウェアを第三者に対し、有償であると無償であるとを問わず、譲渡、使用許諾、その他の方法で使用させてはならないものとします。ただし、お客様は、お客様の責任で第三者に本ご使用条件を遵守させること、お客様が本ソフトウェアを使用する権利を放棄すること、及びお客様が複製した本ソフトウェアをすべて廃棄することを条件として、本ソフトウェアを関連資料とともに第三者に譲渡することができるものとします。
(輸出管理)
第5条 お客様は、本ソフトウェアの全部若しくは一部を単独で、又は他の製品と組み合わせ、若しくは他の製品の一部として、直接又は間接に次の各号に該当する取扱いをする場合は、日本国の「外国為替及び外国貿易法」の規制、米国輸出管理規則その他適用される日本国又は外国の輸出関連法規を確認の上、必要な手続をとるものとします。
(1)輸出するとき。
(2)海外へ持ち出すとき。
(3)非居住者へ提供し、又は使用させるとき。
(4)前3号に規定するもののほか、「外国為替及び外国貿易法」又は外国の輸出関連法規に定めがあるとき。
(使用の終了)
第6条 お客様が本ご使用条件に違反した場合、当社は、お客様の本ソフトウェアの使用を終了させることができます。
(使用終了時の措置)
第7条 お客様は、本ソフトウェアの使用を終了する場合、本ソフトウェアを消滅することとします。
(管轄裁判所及び準拠法)
第8条 本契約に関する一切の紛争については、東京地方裁判所のみを管轄裁判所として処理するものとします。
2.本契約の成立、効力、解釈及び履行については、日本国法に準拠するものとします。
対象製品一覧
No . | 製品名称 | バージョ ン | 第三者ソフトウェア | ライセンス |
1 | Hitachi Compute Plug-in for VMware vCenter | 限定しない | vSphere Management SDK | VMware® vSphere Software Developme nt Kit License Agreement |
2 | Hitachi Storage Manageme nt Pack for VMware vRealize Operations | 限定しない | log4cplus | Apache License, Version2.0 |
vSphere Management SDK | VMware® vSphere Software Developme nt Kit License Agreement | |||
3 | Hitachi Storage Plug-in for VMware vCenter | 限定しない | javax.activation:activation | ライセンスは製品パッケージに格納されています。 |
javax.annotation:javax.annotation-api | ||||
javax.persistence:persistence-api | ||||
javax.validation:validation-api | ||||
xxxxx.xx.xx:xxxxx.xx.xx-xxx | ||||
xxxxx.xxx.xxxx:jaxb-api | ||||
Jetty: Java based HTTP, Servlet, SPDY, WebSocket Server | ||||
Oracle Linux | ||||
org.apache.logging.log4j:log4j-api | ||||
org.apache.logging.log4j:log4j-core |
org.glassfish.hk2.external:aopalliance-repackaged | ||||
org.glassfish.hk2.external:javax.inject | ||||
org.glassfish.hk2:hk2-api | ||||
org.glassfish.hk2:hk2-locator | ||||
org.glassfish.hk2:hk2-utils | ||||
org.glassfish.hk2:osgi-resource-locator | ||||
org.glassfish.jersey.bundles.repackaged:jersey-gua va | ||||
org.glassfish.jersey.containers:jersey-container-ser vlet | ||||
org.glassfish.jersey.containers:jersey-container-ser vlet-core | ||||
org.glassfish.jersey.core:jersey-client | ||||
org.glassfish.jersey.core:jersey-common | ||||
org.glassfish.jersey.core:jersey-server | ||||
xxx.xxxxxxxxx.xxxxxx.xxxxx:jersey-media-jaxb | ||||
org.javassist:javassist | ||||
org.osgi:org.osgi.core | ||||
VMware vSphere Client SDK | ||||
vSphere Management SDK | ||||
4 | Hitachi Storage Provider for VMware vCenter | 限定しない | Antlr | ライセンスは user's guid に記載されています。 |
Apache Tomcat | ||||
Apache Axis2 | ||||
Apache Log4j | ||||
Apache Commons Collections | ||||
Apache Commons Lang | ||||
Jackson | ||||
Axiom API | ||||
Axiom DOM | ||||
Axiom IMPL |
Apache Commons CLI | ||||
Apache Commons Codec | ||||
Apache Commons FileUpload | ||||
Apache Commons HttpClient | ||||
Apache Commons IO | ||||
Apache Commons Logging | ||||
Apache HttpCore | ||||
Apache Log4j | ||||
Apache Neethi | ||||
Streaming API for XML | ||||
SNMP4J | ||||
WSDL4J | ||||
Woden API | ||||
Woden Commons | ||||
Woden DOM | ||||
Woodstox | ||||
XML Beans | ||||
XML Schema | ||||
XML Resolver | ||||
PostgreSQL JDBC driver | ||||
com.springsource.javax.mail | ||||
JavaBeans Activation Framework | ||||
WSDL4j | ||||
c3p0 | ||||
JDOM | ||||
jQuery |
jQuery UI | ||||
Oracle Linux | ||||
PostgreSQL | ||||
util.concurrent | ||||
VMware Guest SDK | ||||
VMware vSphere Management SDK | ||||
VMware vSphere Automation SDK | ||||
5 | Hitachi Storage Plug-in for Containers | 限定しない | Go | ライセンスは製品パッケージに格納されています。 |
Go Sub-repository Packages | ||||
Go yaml | ||||
UUID package for Go language | ||||
alpine | ||||
bash | ||||
e2fsprogs, | ||||
e2fsprogs-libs | ||||
etcd | ||||
external-storage, | ||||
go-connections | ||||
go-immutable-radix | ||||
go-metrics | ||||
go-plugin-helpers | ||||
go-semver | ||||
go-systemd | ||||
go/codec | ||||
goa | ||||
golang-lru, | ||||
httptreemux | ||||
multipath-tools | ||||
sg3_utils | ||||
6 | Hitachi | 限 | - | - |
Block Storage Driver for OpenStack | 定しな い |
Apache License, Version2.0
Apache License Version 2.0, January 2004
xxxx://xxx.xxxxxx.xxx/xxxxxxxx/
TERMS AND CONDITIONS FOR USE, REPRODUCTION, AND DISTRIBUTION
1. Definitions.
"License" shall mean the terms and conditions for use, reproduction, and distribution as defined by Sections 1 through 9 of this document.
"Licensor" shall mean the copyright owner or entity authorized by the copyright owner that is granting the License.
"Legal Entity" shall mean the union of the acting entity and all other entities that control, are controlled by, or are under common control with that entity. For the purposes of this definition, "control" means (i) the power, direct or indirect, to cause the direction or management of such entity, whether by contract or otherwise, or (ii) ownership of fifty percent (50%) or more of the outstanding shares, or (iii) beneficial ownership of such entity.
"You" (or "Your") shall mean an individual or Legal Entity exercising permissions granted by this License.
"Source" form shall mean the preferred form for making modifications, including but not limited to software source code, documentation source, and configuration files.
"Object" form shall mean any form resulting from mechanical transformation or translation of a Source form, including but not limited to compiled object code, generated documentation, and conversions to other media types.
"Work" shall mean the work of authorship, whether in Source or Object form, made available under the License, as indicated by a copyright notice that is included in or attached to the work
(an example is provided in the Appendix below).
"Derivative Works" shall mean any work, whether in Source or Object form, that is based on (or derived from) the Work and for which the editorial revisions, annotations, elaborations, or other modifications represent, as a whole, an original work of authorship. For the purposes of this License, Derivative Works shall not include works that remain separable from, or merely link (or bind by name) to the interfaces of, the Work and Derivative Works thereof.
"Contribution" shall mean any work of authorship, including
the original version of the Work and any modifications or additions to that Work or Derivative Works thereof, that is intentionally
submitted to Licensor for inclusion in the Work by the copyright owner or by an individual or Legal Entity authorized to submit on behalf of the copyright owner. For the purposes of this definition, "submitted" means any form of electronic, verbal, or written communication sent to the Licensor or its representatives, including but not limited to
communication on electronic mailing lists, source code control systems, and issue tracking systems that are managed by, or on behalf of, the Licensor for the purpose of discussing and improving the Work, but excluding communication that is conspicuously marked or otherwise designated in writing by the copyright owner as "Not a Contribution."
"Contributor" shall mean Licensor and any individual or Legal Entity on behalf of whom a Contribution has been received by Licensor and subsequently incorporated within the Work.
2. Grant of Copyright License. Subject to the terms and conditions of this License, each Contributor hereby grants to You a perpetual, worldwide, non-exclusive, no-charge, royalty-free, irrevocable copyright license to reproduce, prepare Derivative Works of, publicly display, publicly perform, sublicense, and distribute the
Work and such Derivative Works in Source or Object form.
3. Grant of Patent License. Subject to the terms and conditions of this License, each Contributor hereby grants to You a perpetual, worldwide, non-exclusive, no-charge, royalty-free, irrevocable
(except as stated in this section) patent license to make, have made, use, offer to sell, sell, import, and otherwise transfer the Work, where such license applies only to those patent claims licensable
by such Contributor that are necessarily infringed by their Contribution(s) alone or by combination of their Contribution(s) with the Work to which such Contribution(s) was submitted. If You institute patent litigation against any entity (including a
cross-claim or counterclaim in a lawsuit) alleging that the Work or a Contribution incorporated within the Work constitutes direct or contributory patent infringement, then any patent licenses granted to You under this License for that Work shall terminate as of the date such litigation is filed.
4. Redistribution. You may reproduce and distribute copies of the Work or Derivative Works thereof in any medium, with or without modifications, and in Source or Object form, provided that You meet the following conditions:
(a) You must give any other recipients of the Work or Derivative Works a copy of this License; and
(b) You must cause any modified files to carry prominent notices stating that You changed the files; and
(c) You must retain, in the Source form of any Derivative Works that You distribute, all copyright, patent, trademark, and attribution notices from the Source form of the Work, excluding those notices that do not pertain to any part of the Derivative Works; and
(d) If the Work includes a "NOTICE" text file as part of its
distribution, then any Derivative Works that You distribute must include a readable copy of the attribution notices contained within such NOTICE file, excluding those notices that do not pertain to any part of the Derivative Works, in at least one
of the following places: within a NOTICE text file distributed as part of the Derivative Works; within the Source form or documentation, if provided along with the Derivative Works; or, within a display generated by the Derivative Works, if and
wherever such third-party notices normally appear. The contents of the NOTICE file are for informational purposes only and
do not modify the License. You may add Your own attribution notices within Derivative Works that You distribute, alongside or as an addendum to the NOTICE text from the Work, provided that such additional attribution notices cannot be construed
as modifying the License.
You may add Your own copyright statement to Your modifications and may provide additional or different license terms and conditions
for use, reproduction, or distribution of Your modifications, or for any such Derivative Works as a whole, provided Your use,
reproduction, and distribution of the Work otherwise complies with the conditions stated in this License.
5. Submission of Contributions. Unless You explicitly state otherwise, any Contribution intentionally submitted for inclusion in the Work by You to the Licensor shall be under the terms and conditions of this License, without any additional terms or conditions.
Notwithstanding the above, nothing herein shall supersede or modify the terms of any separate license agreement you may have executed with Licensor regarding such Contributions.
6. Trademarks. This License does not grant permission to use the trade names, trademarks, service marks, or product names of the Licensor, except as required for reasonable and customary use in describing the origin of the Work and reproducing the content of the NOTICE file.
7. Disclaimer of Warranty. Unless required by applicable law or agreed to in writing, Licensor provides the Work (and each Contributor provides its Contributions) on an "AS IS" BASIS,
WITHOUT WARRANTIES OR CONDITIONS OF ANY KIND, either express or
implied, including, without limitation, any warranties or conditions
of TITLE, NON-INFRINGEMENT, MERCHANTABILITY, or FITNESS FOR A
PARTICULAR PURPOSE. You are solely responsible for determining the appropriateness of using or redistributing the Work and assume any risks associated with Your exercise of permissions under this License.
8. Limitation of Liability. In no event and under no legal theory, whether in tort (including negligence), contract, or otherwise, unless required by applicable law (such as deliberate and grossly negligent acts) or agreed to in writing, shall any Contributor be liable to You for damages, including any direct, indirect, special, incidental, or consequential damages of any character arising as a result of this License or out of the use or inability to use the
Work (including but not limited to damages for loss of goodwill, work stoppage, computer failure or malfunction, or any and all other commercial damages or losses), even if such Contributor has been advised of the possibility of such damages.
9. Accepting Warranty or Additional Liability. While redistributing the Work or Derivative Works thereof, You may choose to offer, and charge a fee for, acceptance of support, warranty, indemnity, or other liability obligations and/or rights consistent with this License. However, in accepting such obligations, You may act only on Your own behalf and on Your sole responsibility, not on behalf of any other Contributor, and only if You agree to indemnify, defend, and hold each Contributor harmless for any liability
incurred by, or claims asserted against, such Contributor by reason of your accepting any such warranty or additional liability.
END OF TERMS AND CONDITIONS
APPENDIX: How to apply the Apache License to your work.
To apply the Apache License to your work, attach the following boilerplate notice, with the fields enclosed by brackets "[]" replaced with your own identifying information. (Don't include the brackets!) The text should be enclosed in the appropriate comment syntax for the file format. We also recommend that a file or class name and description of purpose be included on the same "printed page" as the copyright notice for easier identification within third-party archives.
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See the License for the specific language governing permissions and limitations under the License.
Apache License, Version2.0
Apache License Version 2.0, January 2004
xxxx://xxx.xxxxxx.xxx/xxxxxxxx/
TERMS AND CONDITIONS FOR USE, REPRODUCTION, AND DISTRIBUTION
1. Definitions.
"License" shall mean the terms and conditions for use, reproduction, and distribution as defined by Sections 1 through 9 of this document.
"Licensor" shall mean the copyright owner or entity authorized by the copyright owner that is granting the License.
"Legal Entity" shall mean the union of the acting entity and all other entities that control, are controlled by, or are under common control with that entity. For the purposes of this definition, "control" means (i) the power, direct or indirect, to cause the direction or management of such entity, whether by contract or otherwise, or (ii) ownership of fifty percent (50%) or more of the outstanding shares, or (iii) beneficial ownership of such entity.
"You" (or "Your") shall mean an individual or Legal Entity exercising permissions granted by this License.
"Source" form shall mean the preferred form for making modifications, including but not limited to software source code, documentation source, and configuration files.
"Object" form shall mean any form resulting from mechanical transformation or translation of a Source form, including but not limited to compiled object code, generated documentation, and conversions to other media types.
"Work" shall mean the work of authorship, whether in Source or Object form, made available under the License, as indicated by a copyright notice that is included in or attached to the work
(an example is provided in the Appendix below).
"Derivative Works" shall mean any work, whether in Source or Object form, that is based on (or derived from) the Work and for which the editorial revisions, annotations, elaborations, or other modifications represent, as a whole, an original work of authorship. For the purposes of this License, Derivative Works shall not include works that remain
separable from, or merely link (or bind by name) to the interfaces of, the Work and Derivative Works thereof.
"Contribution" shall mean any work of authorship, including
the original version of the Work and any modifications or additions to that Work or Derivative Works thereof, that is intentionally
submitted to Licensor for inclusion in the Work by the copyright owner or by an individual or Legal Entity authorized to submit on behalf of the copyright owner. For the purposes of this definition, "submitted" means any form of electronic, verbal, or written communication sent to the Licensor or its representatives, including but not limited to
communication on electronic mailing lists, source code control systems, and issue tracking systems that are managed by, or on behalf of, the Licensor for the purpose of discussing and improving the Work, but excluding communication that is conspicuously marked or otherwise designated in writing by the copyright owner as "Not a Contribution."
"Contributor" shall mean Licensor and any individual or Legal Entity on behalf of whom a Contribution has been received by Licensor and subsequently incorporated within the Work.
2. Grant of Copyright License. Subject to the terms and conditions of this License, each Contributor hereby grants to You a perpetual, worldwide, non-exclusive, no-charge, royalty-free, irrevocable copyright license to reproduce, prepare Derivative Works of, publicly display, publicly perform, sublicense, and distribute the Work and such Derivative Works in Source or Object form.
3. Grant of Patent License. Subject to the terms and conditions of this License, each Contributor hereby grants to You a perpetual, worldwide, non-exclusive, no-charge, royalty-free, irrevocable
(except as stated in this section) patent license to make, have made, use, offer to sell, sell, import, and otherwise transfer the Work, where such license applies only to those patent claims licensable
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with the Work to which such Contribution(s) was submitted. If You institute patent litigation against any entity (including a
cross-claim or counterclaim in a lawsuit) alleging that the Work or a Contribution incorporated within the Work constitutes direct or contributory patent infringement, then any patent licenses granted to You under this License for that Work shall terminate as of the date such litigation is filed.
4. Redistribution. You may reproduce and distribute copies of the Work or Derivative Works thereof in any medium, with or without modifications, and in Source or Object form, provided that You meet the following conditions:
(a) You must give any other recipients of the Work or Derivative Works a copy of this License; and
(b) You must cause any modified files to carry prominent notices stating that You changed the files; and
(c) You must retain, in the Source form of any Derivative Works that You distribute, all copyright, patent, trademark, and attribution notices from the Source form of the Work, excluding those notices that do not pertain to any part of the Derivative Works; and
(d) If the Work includes a "NOTICE" text file as part of its distribution, then any Derivative Works that You distribute must include a readable copy of the attribution notices contained within such NOTICE file, excluding those notices that do not pertain to any part of the Derivative Works, in at least one
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You may add Your own copyright statement to Your modifications and may provide additional or different license terms and conditions
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Notwithstanding the above, nothing herein shall supersede or modify the terms of any separate license agreement you may have executed with Licensor regarding such Contributions.
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7. Disclaimer of Warranty. Unless required by applicable law or agreed to in writing, Licensor provides the Work (and each Contributor provides its Contributions) on an "AS IS" BASIS,
WITHOUT WARRANTIES OR CONDITIONS OF ANY KIND, either express or
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8. Limitation of Liability. In no event and under no legal theory, whether in tort (including negligence), contract, or otherwise, unless required by applicable law (such as deliberate and grossly negligent acts) or agreed to in writing, shall any Contributor be liable to You for damages, including any direct, indirect, special, incidental, or consequential damages of any character arising as a result of this License or out of the use or inability to use the
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VMware® vSphere Software Development Kit License Agreement
VMware, Inc. (“VMware”) provides the VMware vSphere Software Development Kit (collectively the “Software”) to you subject to the following terms and conditions. By downloading, installing, or using the Software, you (the individual or legal entity) agree to be bound by the terms of this license agreement (the “Agreement”). If you disagree with any of the following terms, then do not use the Software.
1. The Software contains a variety of materials, interface definitions, documentation, sample utility applications and sample code regarding programming interfaces to one or more VMware products that are referenced in such materials (the referenced products, “VMware Products”). This Software is intended to be used to develop software that interacts with the VMware Products.
2. Use Rights: Subject to the restrictions below, you may download and make a reasonable number of copies of the Software for your use solely for the purpose of creating software that communicates with VMware Products (your software, “Developer Software”). Some code may be designated as “distributable code” and/or “modifiable code” at xxxx://xxx.xxxxxx.xxx/xx/xxxxxx-xxxxxxxxxxxxxx-xxxx . You may use and merge all or portions of the “distributable code” with your Developer Software. Any merged portion of any “distributable code” is subject to this Agreement. Additionally, you may modify or create derivative works of all or portions of the “modifiable code.” You are permitted to re-distribute the “distributable code” and the modified or derivative works of the “modifiable code” only as part of your Developer Software for non-commercial or commercial use; provided that you shall only distribute such code subject to a license agreement that protects VMware’s and its licensors’ interests consistent with the terms contained in this Agreement. Open source software components provided with the Software are licensed to you under the terms of the applicable license agreements included with such open source software components. The open source software licenses can be found in the open_source_licenses.txt file, other materials accompanying the Software, the documentation or corresponding source files available at xxxx://xxx.xxxxxx.xxx/xxxxxxxx/xxxx_xxxxxx.xxxx.
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5. You may not use VMware’s name, trademarks or service marks in connection with your Developer
Software in a way that suggests your Developer Software is certified or endorsed by VMware.
6. You are not entitled under this Agreement to receive any VMware support or subscription services for the Software or any other services from VMware in connection with the Software. If you have purchased support and/or subscription services for a VMware product, such support and/or subscription services shall not apply to the Software or your use of the Software.
7. Term, Termination and Changes: This Agreement shall continue as long as you are in compliance with the terms specified herein or until otherwise terminated. You or VMware each may terminate this Agreement for any reason at any time. You agree, upon termination, to destroy all copies of the Software within your possession or control. The Confidential Information, Limitations of Warranties and Liability, and Indemnification sections set out in this Agreement shall survive any termination or expiration of this Agreement.
8. Confidential Information: “Confidential Information” means any information disclosed by VMware to you pursuant to this Agreement that is marked “Confidential,” “Proprietary,” or in some similar manner and any information which you knew or reasonably should have known to be confidential. You shall treat as confidential all Confidential Information of VMware and shall not use such Confidential Information except to exercise your rights or perform your obligations under this Agreement. You will protect Confidential Information from unauthorized use, access, or disclosure in the same manner as you protect your own confidential or proprietary information of a similar nature but with no less than reasonable care. You shall not disclose such Confidential Information to any third party during or after the term of this Agreement. This paragraph will not apply to any Confidential Information that: (a) was rightfully in your possession prior to receipt of such Confidential Information from VMware; (b) is or becomes a matter of public knowledge through no fault of you; (c) is rightfully received from a third party without a duty of confidentiality; (d) is independently developed by you without breach of any confidentiality obligations; (e) is disclosed by you with
VMware’s prior written approval; or (f) you are required to disclose by applicable law or court order, provided that you notify VMware of such required disclosure promptly in writing and cooperate with VMware in any lawful action to contest or limit the scope of such required disclosure. You acknowledge that breach of this Section 8 will cause irreparable damage to VMware for which monetary damages will be an inadequate remedy. Accordingly, VMware will be entitled to seek and obtain injunctive and any other relief (legal or equitable) to restrain any breach or anticipated breach of this Section 8.
9. Limitations of Warranties and Liability: THE SOFTWARE IS PROVIDED “AS IS” WITHOUT ANY WARRANTIES OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, VMWARE DISCLAIMS ANY IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, 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 CONSEQUENTIAL DAMAGES ARISING OUT OF THE SOFTWARE OR YOUR USE OF THE SOFTWARE, UNDER ANY THEORY OF LIABILITY, WHETHER BASED IN CONTRACT, TORT, NEGLIGENCE, PRODUCT LIABILITY, OR OTHERWISE. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE PRECEDING LIMITATION MAY NOT APPLY TO YOU. VMWARE’S LIABILITY ARISING OUT OF THIS AGREEMENT AND THE SOFTWARE PROVIDED HEREUNDER WILL NOT, IN ANY EVENT, EXCEED US$100.00. THE FOREGOING LIMITATIONS SHALL APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, REGARDLESS OF WHETHER VMWARE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND REGARDLESS OF WHETHER ANY REMEDY FAILS OF ITS ESSENTIAL PURPOSE.
10. Indemnification: You agree to defend, indemnify and hold harmless VMware, and
any of its directors, officers, employees, affiliates and agents, from and against any and all claims, losses, damages, liabilities and other expenses (including reasonable attorneys’ fees), arising from your modification of the
“modifiable code,” the distribution or use of your Developer Software by you or anyone else, and your breach of this Agreement.
11. Export Control: You acknowledge that the Software is of United States origin, is provided subject to the U.S. Export Administration Regulations, may be subject to the export control laws of the applicable territory, and that diversion contrary to applicable export control laws is prohibited. You represent, warrant and covenant that (1) you are not, and are not acting on behalf of, (a) any person who is a citizen, national, or resident of, or who is controlled by the government of any country to which the United States has prohibited export transactions; or (b) 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 (2) you will not permit the Software to be used for any purposes prohibited by law, including, any prohibited development, design, manufacture or production of missiles or nuclear, chemical or biological weapons.
12. Data Privacy: (a)_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 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 Software, and 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.
(b) 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.
13. These terms are governed by the laws of the State of California and the United States of America without regard to conflict of laws principles. The United Nations Convention for the International Sale of Goods shall not apply. You may not assign this Agreement. Any attempted assignment by you shall be void. These terms constitute the entire agreement between you and VMware with respect to the Software and supersede all prior written or oral communications, understandings and agreements. Any waiver of these terms must be in writing and signed by the waiving party to be effective. If any provision of these terms is found to be invalid or unenforceable, the remaining terms
will continue to be valid and enforceable to the fullest extent permitted by law.