NEC Express5800-120Rj-2, Express5800-120Rh-1, Express5800-120Rg-1, Express5800-120Li User License Agreement

VMWARE END USER LICENSE AGREEMENT

PLEASE NOTE THAT THE TERMS OF THIS END USER LICENSE AGREEMENT SHALL
GOVERN YOUR USE OF THE SOFTWARE, REGARDLESS OF ANY TERMS THAT MAY
APPEAR DURING THE INSTALLATION OF THE SOFTWARE.

IMPORTANT-READ CAREFULLY: BY DOWNLOADING, INSTALLING, OR USING THE

SOFTWARE, YOU (THE INDIVIDUAL OR LEGAL ENTITY) AGREE TO BE BOUND BY THE
TERMS OF THIS END USER LICENSE AGREEMENT (“EULA”). IF YOU DO NOT AGREE TO
THE TERMS OF THIS EULA, YOU MUST NOT DOWNLOAD, INSTALL, OR USE THE
SOFTWARE, AND YOU MUST DELETE OR RETURN THE UNUSED SOFTWARE TO THE
VENDOR FROM WHICH YOU ACQUIRED IT WITHIN THIRTY (30) DAYS AND REQUEST A
REFUND OF THE LICENSE FEE, IF ANY, THAT YOU PAID FOR THE SOFTWARE.

EVALUATION LICENSE. If You are licensing the Software for evaluation purposes, your use of the
Software is only permitted in a non-production environment and for the period limited by the Software
License Key. Notwithstanding any other provision in this EULA, an Evaluation License of the Software
is provided “AS-IS” without support or warranty of any kind, expressed or implied.

1. DEFINITIONS

1.1 “Documentation” means, collectively, the operation instructions, release notes, user manuals

and/or help files for the Software in electronic or written form.

1.2 “Guest Operating Systems” means instances of third-party operating systems licensed separately

by You and installed in a Virtual Machine.

1.3 “Software” means software products that are licensed to You under this EULA, including, but not

limited to, any related components purchased or provided with the Software, Documentation, and
any maintenance releases thereto.

1.4 “Software License Key” means a valid serial number issued to You to activate and use the

Software.

1.5 “Open Source Software” means various software components including open source software,

that may be part of the Software, each licensed to You under its own applicable license terms and
conditions, which can be found in the open_source_licenses.txt file, the Documentation or as
applicable, the corresponding source files for the Software available at

http://www.vmware.com/download/open_source.html

.

1.6 “Virtual Machine” means a software container that can run its own operating system and execute
applications like a physical machine.

2. GRANT AND USE RIGHTS FOR SOFTWARE

2.1 License Grant. The Software is licensed, not sold. Subject to the terms of this EULA, VMware
grants You a non-exclusive, non-transferable license, without rights to sublicense, to use the
Software in the country where You are invoiced in accordance with the Documentation and the
VMware license model (per device, per processor, per server, per single user, per virtual machine,

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or any other VMware approved license model) specified in Section 8 of this EULA for which You
have paid the applicable license fees. If You were invoiced in the European Union for the Software,
You may use that Software in any of the European Union member states. For VMware Workstation
and Fusion, You may use the Software without the invoice-country restriction. You may allow
third party consultants or contractors to access and use the Software on Your behalf solely for Your
internal business operations, provided, they are bound by an agreement with You protecting
VMware’s intellectual property with terms no less stringent than this EULA and You ensure that
such third party use of the Software complies with the terms of this EULA. You may make one
backup, unmodified copy of the Software solely for archival purpose. If You upgrade or exchange
the Software from a previous validly licensed version, You must cease use of the prior version of
that Software. You agree to provide written certification of destruction of the previous version of
the Software upon VMware’s request.

2.2 Restrictions. Except as expressly permitted by this EULA or by applicable law, You may not (i)
sell, lease, assign, license, sublicense, distribute or otherwise transfer in whole or in part the
Software; (ii) permit any use of or access to the Software by any third party, (iii) operate the
Software on behalf of or for the benefit of any third party, including the operation of any service
that is accessed by a third party, except that, for the purposes of this Section 2.2(iii), You may use
the Software to deliver hosted services to Your affiliates that are directly or indirectly controlled by,
or are under common control with You. “Control” in this Section 2.2(iii) means an ownership,
voting or similar interest representing fifty percent (50%) or more of the total interests then
outstanding of the relevant entity; (iv) decompile, disassemble, reverse engineer, or otherwise
attempt to derive source code from the Software; (v) modify or create derivative works based upon
the Software; or (vi) create, develop, license, install, use, or deploy any software or services to
circumvent, enable, modify or provide access, permissions or rights which violate the technical
restrictions in the Software. If You wish to exercise any rights to reverse engineer to ensure
interoperability in accordance with applicable law, You must first provide VMware with written
notice and all reasonably requested information to [e-mail]

within 30 days and permit

VMware to assess your claim and, at VMware’s sole discretion, to make an offer to provide
alternatives that reduce any adverse impact on VMware’s intellectual property or other rights.

2.3 VMware Tools. You may use or distribute the suite of utilities and drivers that may be part of the
Software (“VMware Tools”) to any third party provided that (i) You only distribute the VMware
Tools as a whole in object code format, whether or not as part of the Virtual Machine You create
with the Software; and (ii) You agree to indemnify, hold harmless, and defend VMware from and
against any claims or lawsuits, including attorneys’ fees, that relate to your distribution of VMware
Tools.

2.4 Benchmarking. You may use the Software to conduct internal performance testing and
benchmarking studies, the results of which only You may publish or publicly disseminate, provided
that VMware has reviewed and approved of the methodology, assumptions and other parameters of
your testing and studies. Please contact VMware at [e-mail]

to request such

review. For VMware Workstation and Fusion benchmarks, You may publish or publicly
disseminate the results without VMware’s prior review and approval.

2.5 Third-party Software. You are responsible for separately obtaining and complying with any

licenses necessary to operate third-party software, including but not limited to, Guest Operating
Systems and application programs which the Software enables You to run.

2.6 Data Collection and Privacy. You agree that VMware may collect, use, store and transmit

technical and related information about your use of the Software which may include internet

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protocol address, hardware identification, operating system, application software, peripheral
hardware, and non-personally identifiable Software usage statistics (“Collected Data”) to facilitate
the provisioning of updates, support, invoicing or online services to You. Collected Data is subject
to VMware’s Privacy Policy at http://www.vmware.com/help/privacy.html

.

2.7 Audit Rights. During the term of this EULA and for two (2) years after termination or expiration

of the EULA or support and subscription services for the applicable Software has expired, You
agree to maintain accurate records as to your installation and use of the Software, sufficient to
provide evidence of compliance with the terms of this EULA. VMware, or an independent third
party designated by VMware, may audit, upon written notice to You, your books, records, and
computing devices to determine your compliance with this EULA and your payment of the
applicable license and support services fees, if any, for the Software. VMware may conduct no
more than one (1) audit in any twelve (12) month period. In the event that any such audit reveals an
underpayment by You of more than five percent (5%) of the license amounts due to VMware in the
period being audited, or that You have breached any term of the EULA, then, in addition to paying
to VMware any underpayments for Software licenses and Support and Subscription (“SnS”) fees
and any other remedies VMware may have, You will promptly pay to VMware the audit costs
incurred by VMware.

3. TITLE. VMware retains all right, title, and interest in and to the Software, the Software License

Key(s) and all related intellectual property rights. VMware retains all rights not expressly granted to
You in this EULA.

4. SUPPORT AND SUBSCRIPTION SERVICES. Except as expressly specified in Section 8 of

this EULA, VMware does not provide any support or subscription services for the Software under
this EULA. You have no rights to any updates, upgrades or extensions or enhancements to the
Software developed by VMware unless you separately purchase VMware support or subscription
services. These support or subscription services are subject to VMware’s then-current Support and
Subscription Contract Terms and Conditions.

5. TERMINATION. VMware may terminate this EULA immediately upon notice if You fail to

comply with any term of this EULA. In the event of termination, You must remove and destroy all
copies of the Software and Software License Key(s), including all backup copies, from the server
and all computers and terminals You own, possess or control and on which the Software is installed.
Any obligations to pay fees incurred prior to termination and Sections 1, 2, 3, 6, and 7 of this
EULA shall survive termination for any reason.

6. LIMITED WARRANTY AND LIMITATION OF LIABILITY

6.1 Limited Warranty. VMware warrants that (i) the physical media, if any, on which the Software is

delivered will be free of defects in materials and workmanship; and (ii) that the Software will
substantially conform to the functional description set forth in the standard Documentation
accompanying the Software for a period of 90 days after the date of delivery of the Software
License Key to You (“Warranty Period”). If the physical media is defective and is returned to
VMware within the Warranty Period, your exclusive remedy will be VMware’s option to repair or
replace the defective physical media.. To return the defective physical media, send an email to

[e-mail]

to request a return authorization number. If during the Warranty Period the
Software does not substantially conform to the functional description set forth in the
Documentation, your exclusive remedy will be that VMware shall, at its sole option, correct the
defects in the Software or refund the license fees You paid, if any, for the Software provided that (i)
the Software has been properly installed and used at all times and in accordance with the

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