VMware, Inc. (“VMware”) provides the VMware Workspace ONE Intelligence for Consumer Apps 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.
VMware Products: The Software contains a variety of materials, interface definitions, documentation, sample utility applications and sample code regarding programming interfaces to VMware’s Workspace ONE Intelligence for Consumer Apps offering (the “Service”). This Software is intended to be used to develop software that interacts with the Workspace ONE Intelligence products.
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 the Workspace ONE Intelligence products (the “Developer Software”), and integrating the Software into your Developer Software to achieve interoperability with them. Some portions of the Software may be customizable as more particularly set forth in the Software documentation. You are permitted to re-distribute the Software, including any authorized customizations, 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 www.vmware.com/download/open_source.html.
Restrictions: You agree that you will not (1) use the Software to create, design or develop anything other than Developer Software; (2) make any more copies of the Software than are reasonably necessary for the authorized use and backup and archival purposes; (3) modify, create derivative works of, reverse engineer, reverse compile, or disassemble the Software except as expressly permitted in Section 2; (4) distribute, sell, lease, rent, lend, or sublicense any part of the Software to any third party except as expressly permitted in Section 2; or (5) use the Software in any manner to (a) circumvent any technical restrictions of the Service or violate any additional licensing terms applicable to the Service that VMware provides through product documentation, email notification on the VMware website or in the Terms of Service or the End User License Agreements for the Service or (b) upload or otherwise transmit any material containing software viruses or other computer code, files or programs designed to interrupt, destroy, or limit the functionality of any software or hardware.
The restrictions in this Section 3 shall not apply if and to the extent they contradict mandatory local law (including, but not limited to, law implementing the EC Software Directive).
Ownership: VMware retains ownership of the Software and all intellectual property rights embodied in the Software, including without limitation all copyrights, trade secrets and patents. You may not remove, delete or modify any of VMware copyright statements in the Software. ALL RIGHTS NOT EXPRESSLY GRANTED HEREUNDER ARE RESERVED TO VMWARE.
Trademarks: 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.
Feedback: You may from time to time provide suggestion, comments and feedback to VMware concerning the functionality and performance of the Software or the Service including, without limitation, identifying potential errors and improvements (collectively the “Feedback”). Feedback which is provided by you to VMware in connection with this Agreement may be freely used by VMware to improve or enhance its products and, accordingly, you grant VMware a non-exclusive, perpetual, irrevocable, royalty-free, worldwide right and license to use, reproduce, disclose, sublicense, modify, make, have made, distribute, sell, offer for sale, display, perform, create derivative works, permit unmodified binary distribution and otherwise exploit such Feedback without restriction.
Support: 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.
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 Restrictions, Confidential Information, Limitations of Warranties and Liability, Ownership, Feedback, Indemnification, Data Privacy, and General sections set out in this Agreement shall survive any termination or expiration of this Agreement.
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 9 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 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.
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 customizations to the Software, the distribution or use of your Developer Software by you or anyone else, and your breach of this Agreement.
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.
Data Privacy:
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 or third-party service providers from time to time.
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.
The purpose of using the Software to develop Developer Software that can send data regarding mobile app loads, crashes, and service monitoring data back to the Service, which may include personal data depending on how You configure the Software (the “Developer Software Data”). Thus, you agree that VMware may collect, process and/or store Developer Software Data from the end users of the Developer Software. The specific Developer Software Data processed depends on how You configure the Developer Software. Please consult the documentation for more information. VMware will process the Developer Software Data to (a) facilitate delivery of the Service (such as (i) tracking entitlements, (ii) providing support, (iii) monitoring the performance, integrity, and stability of the Service’s infrastructure, and (iv) preventing or addressing service or technical issues); and (b) to improve our products and services, and your experience. You are responsible for complying with all applicable privacy laws in your use of the Software and your end user’s use of the Developer Software. You are responsible for notifying your end users that the Developer Software Data is processed by VMware and providing them with a link to the VMware Privacy Notice: www.vmware.com/help/privacy.
General: 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.