End User License Agreement For Parallels Hardware Virtualization Products* PARALLELS SOFTWARE INTERNATIONAL, INC. ("PARALLELS") LICENSES THIS SOFTWARE PRODUCT TO YOU SUBJECT TO THE TERMS CONTAINED IN THIS END USER LICENSE AGREEMENT (this "Agreement" or "EULA"). READ THE TERMS AND CONDITIONS OF THIS AGREEMENT CAREFULLY BEFORE INSTALLING, COPYING AND USING THIS COMPUTER SOFTWARE AND THE ACCOMPANYING DOCUMENTATION (THE "SOFTWARE"). THE SOFTWARE IS COPYRIGHTED AND IT IS LICENSED TO YOU UNDER THIS EULA, NOT SOLD TO YOU. BY INSTALLING, COPYING OR OTHERWISE USING THE SOFTWARE, YOU AGREE TO BE BOUND BY THE TERMS OF THIS EULA. IF YOU ARE NOT WILLING TO BE BOUND BY THE TERMS OF THIS EULA, DO NOT INSTALL, COPY OR USE THE SOFTWARE AND YOU SHOULD RETURN THE PACKAGE TO THE PLACE OF PURCHASE WITHIN THIRTY (30) DAYS TO ARRANGE FOR A REFUND OF YOUR PURCHASE. THIS EULA IS A LEGAL AGREEMENT CONCERNING THE SOFTWARE BETWEEN YOU, AS EITHER AN INDIVIDUAL OR A SINGLE BUSINESS ENTITY, AND PARALLELS. THIS AGREEMENT SUPERSEDES AND REPLACES ANY PRIOR PROPOSAL, REPRESENTATION, OR UNDERSTANDING YOU MAY HAVE HAD WITH PARALLELS RELATING TO THE SOFTWARE. Grant of License ---------------------------------------------------------------- Parallels hereby grants to you, and you accept, a limited, nonexclusive license to use the Software in machine-readable, object code form only, and the user manuals accompanying the Software (the "Documentation"), only as authorized in this Agreement. For purposes of this Agreement, the Software includes any updates, enhancements, modifications, revisions, or additions to the Software made by Parallels and/or its affiliates and made available to end users through Parallels' web site. Notwithstanding the foregoing, Parallels shall be under no obligation to provide any updates, enhancements, modifications, revisions, or additions to the Software. Scope of Use ---------------------------------------------------------------- You may use one copy of the Software activated with an activation key on a single personal computer owned, leased, or otherwise controlled by you, at a single time. If you have multiple activation keys for the Software, you may make and use as many copies of the Software as you have activation keys. For purposes of this Agreement, "use" of the Software means loading the Software into the temporary or permanent memory of a computer. Installation of the Software on a network server solely for distribution to other computers is not "use" of the Software, and is permitted, as long as you have an activation key for each computer to which the Software is distributed. The Software may not be used on or distributed to a greater number of computers than you have activation keys. If you use or distribute the Software to multiple users, you must ensure that the number of users does not exceed the number of activation keys you have obtained, or you will be in breach of this Agreement. License Limitations and Confidentiality ---------------------------------------------------------------- You may not reverse engineer, decompile, disassemble, or otherwise translate the Software or any activation keys you have obtained. You may not modify or adapt the Software or any activation keys that you have obtained in any way. You may not copy the Software except up to three copies of the Software, the Documentation, and any activation keys that you have obtained, solely for backup or archival purposes. You may not remove any titles, trademarks or trade names, copyright notices, legends, or other proprietary markings on the Software, Documentation, or activation keys that were included on such materials when you first received them. Except as authorized in this Section, no copies of the Software, Documentation, or activation keys, or any portions thereof, may be made by you or any person under your authority or control. You shall permit only authorized users, who possess lawfully obtained activation keys, to use the Software or to view the Documentation. Except as expressly authorized by this Agreement, you shall not make available the Software, Documentation, or any activation key to any third party. You will use your best efforts to cooperate with and assist Parallels in identifying and preventing any unauthorized use, copying, or disclosure of the Software, Documentation, or any portion thereof. You may not disclose the results of any benchmark test of the Software to any third party. Term, Termination ---------------------------------------------------------------- This Agreement is effective upon your acceptance of the Agreement during the installation of the Software. This Agreement shall continue in effect until terminated. Parallels may terminate this Agreement if you breach any term of the Agreement. Upon termination of the Agreement by Parallels, you agree to destroy the Software, Documentation, all backup copies thereof, and all activation keys that you have obtained. United States Government Restricted Rights ---------------------------------------------------------------- The Software and Documentation are provided with Restricted Rights. Use, duplication, or disclosure by the government is subject to restrictions as set forth in subparagraph (c)(f)(ii) of the Rights in Technical Data and Computer Software clause at DFARS 252.227-7013 or subparagraphs (c) (1) and (2) of the Commercial Computer Software-Restricted Rights at 48 C.F.R. S:52.227-19, as applicable. Limited Warranty ---------------------------------------------------------------- Parallels warrants for a period of 90 days from the date of purchase (referred to as the "Warranty Period") that the media on which the Software is delivered will be free from defects in material and workmanship. Parallels will replace the defective media during the Warranty Period at no additional cost to you. Disclaimer ---------------------------------------------------------------- THE SOFTWARE AND DOCUMENTATION ARE LICENSED "AS IS", AND PARALLELS DISCLAIMS ANY AND ALL OTHER WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, TO THE EXTENT AUTHORIZED BY LAW. WITHOUT LIMITATION OF THE FOREGOING, PARALLELS EXPRESSLY DOES NOT WARRANTS THAT THE SOFTWARE WILL MEET YOUR REQUIREMENTS OR THAT OPERATION OF THE SOFTWARE WILL BE UNINTERRUPTED OR ERROR FREE. YOU ASSUME RESPONSIBILITY FOR SELECTING THE SOFTWARE TO ACHIEVE YOUR INTENDED RESULTS, AND FOR THE RESULTS OBTAINED FROM YOUR USE OF THE SOFTWARE. YOU SHALL BEAR THE ENTIRE RISK AS TO THE QUALITY AND THE PERFORMANCE OF THE SOFTWARE. Limitation of Liability ---------------------------------------------------------------- PARALLELS CUMULATIVE LIABILITY TO YOU OR ANY PARTY RELATED TO YOU FOR ANY LOSS OR DAMAGES ARISING OUT OF OR RELATING TO THIS AGREEMENT, OR INSTALLATION OR USE OF THE SOFTWARE AND DOCUMENTATION SHALL NOT EXCEED THE AMOUNT OF LICENSE FEES PAID TO PARALLELS BY YOU UNDER THIS AGREEMENT. THIS LIMITATION APPLIES TO ALL CAUSES OF ACTION OR CLAIMS IN THE AGGREGATE, INCLUDING, WITHOUT LIMITATION, BREACH OF CONTRACT, BREACH OF WARRANTY, INDEMNITY, NEGLIGENCE, STRICT LIABILITY, MISREPRESENTATION, AND OTHER TORTS. IN NO EVENT SHALL PARALLELS BE LIABLE TO YOU OR ANY PARTY RELATED TO YOU FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES OR LOST PROFITS, EVEN IF PARALLELS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. Trial Activation ---------------------------------------------------------------- Parallels provides a trial activation key free of charge for a period of 14 days ("Trial Period"). During such trial period you may evaluate suitability of the Software for your needs. Upon the expiration of the Trial Period you must either purchase a permanent activation key or destroy the Software, Documentation, all backup copies thereof, and all trial activation keys that you have obtained. Third-Party Software Licenses ---------------------------------------------------------------- The Software provides the capability of running multiple operating systems and applications simultaneously on one physical computer. Parallels does not provide you with any such third party licenses and it is solely the responsibility of the user to obtain all necessary software licenses from respective vendors. Governing Law and Choice of Forum ---------------------------------------------------------------- This Agreement shall be governed by and interpreted in accordance with the laws of the Commonwealth of Virginia, without regard to the conflicts of law rules thereof. Any claim or dispute arising in connection with this EULA shall be resolved in the federal or state courts situated within the Eastern District of Virginia. To the maximum extent permitted by law, you hereby consent to the jurisdiction and venue of such courts and waive any objections to the jurisdiction or venue of such courts. Copyright Notice ---------------------------------------------------------------- Copyright(c) 1999-2010 Parallels Holdings, Ltd. All rights reserved. Parallels, Coherence, Parallels Transporter, Parallels Compressor, Parallels Desktop, and Parallels Explorer are registered trademarks of Parallels Software International, Inc. Virtuozzo, Plesk, HSPcomplete, and corresponding logos are trademarks of Parallels Holdings, Ltd. The Parallels logo is a trademark of Parallels Holdings, Ltd. This product is based on a technology that is the subject matter of a number of patent pending applications. Contact Information ---------------------------------------------------------------- Product Website: http://www.parallels.com Support: http://www.parallels.com/support * Parallels Desktop for Mac, Parallels Desktop Switch to Mac, Parallels Desktop for Windows & Linux, Parallels Workstation, Parallels Workstation Extreme, Parallels Server for Mac, Parallels Server Bare Metal, Parallels Server for Mac Bare Metal Edition, and Parallels Transporter.