On Mon, 17 Jan 2005 11:43:46 +1300 Nick Rout <[EMAIL PROTECTED]> wrote:
> here are the terms & conditions. > > http://www.vmware.com/pdf/lug_terms_conditions.pdf bugger it access to that doc may depend on going through the hoops of the previous pages, heres the text: (sorry i do not have time to format it) Linux User Group Program and Limited VMware� Workstation Rebate Offer Terms and Conditions The following terms and conditions apply to your participation in this VMware, Inc. (�VMware�) Linux user group program (the �Program�) and limited VMware Workstation rebate offer (this �Rebate Offer�). If you disagree with any of the following terms, then do not participate in this Program or Rebate Offer. Your use of any VMware products, services or other materials provided to you in connection with this Program constitutes your acceptance of the following terms. 1. This Program is available to Linux User Group Presidents and Members. A �Linux User Group President� means a person who is listed as the president of a Linux user group included in the linux.org directory of Linux user groups. A �Linux User Group Member� means a member of a Linux user group included in the linux.org directly of Linux user groups, provided that the Linux User Group President of such Linux user group has submitted such member�s email address to VMware. 2. VMware will provide the first One Thousand (1,000) Linux User Group Presidents to submit a valid request with one (1) license for the current version of VMware Workstation made generally available by VMware as of the date of shipment (the �Product�), free of charge. VMware will deliver to the Linux User Group President via e-mail a license key to activate a single copy of the Product. The Linux User Group President must download a copy of the Product from VMware�s web site (http://www.vmware.com). 3. A Linux Group President may use the Product provided under this Program in accordance with the terms of the end user license agreement accompanying the Product (the �End User License Agreement�). VMware retains ownership of the Product. 4. In consideration of the license granted, VMware asks that each Linux Group President inform his or her colleagues, associates and Linux user group members of the benefits that he or she receives from using VMware products. 5. A Linux Group President will not receive any VMware support or subscription services for the Product or any other services from VMware in connection with this Program. A Linux Group President may purchase these services separately from VMware. 6. A Linux User Group President may not transfer the Product license provided in connection with this Program to any other person or entity. 7. The first One Thousand (1,000) Linux User Group Members to complete a valid on-line registration on VMware�s Web site (http://www.vmware.com) are eligible to receive a One Hundred Dollar ($100) rebate for a single copy of VMware Workstation purchased after October 31, 2003 (�Rebate�). Each Linux User Group Member is limited to a one $100 Rebate. 8. To apply for a Rebate a Linux User Group Member must complete an on-line registration form on VMware�s Web site, enter an email address previously submitted by a Linux User Group President, as proof of status as a Linux User Group Member, and enter a valid VMware Workstation serial number corresponding to a copy of VMware Workstation purchased after October 31, 2003. A Linux User Group Member must submit proof of purchase and must be the registered user of the copy of VMware Workstation for which the Rebate is requested. To register a copy of VMware Workstation, a Linux User Group Member must complete the on-line product registration form on VMware�s web site. [A Linux User Group Member does not have to be the actual purchaser of the copy of VMware Workstation for which the Rebate is requested.] To be eligible for this Rebate Offer, a Linux User Group President must submit the Linux User Group Member�s email address to VMware. 9. Only the first One Thousand (1,000) valid Rebate requests will be honored. After VMware receives 1,000 valid Rebate requests, this Rebate Offer will expire. Only the first One Thousand (1,000) Product requests will be honored. After VMware receives 1,000 valid Product requests, this Program will automatically expire. 10. For each valid Rebate request, VMware will mail a check to the Linux User Group Member for the Rebate amount. Linux User Group Members must allow 8 to 12 weeks from the date of VMware�s receipt of a valid Rebate request to receive a Rebate check. 11. By participating in this Program or Rebate Offer, you are consenting to receive e-mail advertisements and marketing materials from VMware and you are consenting to have VMware share your contact information, and other information you provide to VMware, with third party distributors and resellers who may contact you and send advertisements and marketing materials to you via e-mail. If you do not want to give your consent to receive this e-mail, then do not participate in this Program or Rebate Offer. 12. VMware may terminate this Program or the Rebate Offer at any time and for any reason or no reason, without notice. 13. NO WARRANTIES ARE MADE BY VMWARE IN CONNECTION WITH THIS PROGRAM OR REBATE OFFER, EXCEPT FOR THE WARRANTY INCLUDED IN THE END USER LICENSE AGREEMENT. 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 OR NON-INFRINGEMENT. 14. 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 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 UNDER THIS PROGRAM WILL NOT, IN ANY EVENT, EXCEED US$5. VMWARE�S LIABILITY IN CONNECTION WITH THIS REBATE OFFER WILL NOT, IN ANY EVENT, EXCEED US$100.00 FOR A VALID REBATE REQUEST OR US$5.00 UNDER ANY OTHER CIRCUMSTANCES. 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. 15. These terms and conditions shall be governed by the laws of the State of California and the United States of America without regard to conflict of laws principles. You consent to the exclusive jurisdiction of the state and federal courts located in Santa Clara County, California. These terms and conditions constitute the entire agreement between you and VMware with respect to the Program and Rebate Offer, and supersede all prior written or oral communications, understandings and agreements. These terms and conditions may not be amended except in a written document signed by both parties. Any waiver of these terms and conditions must be in writing to be effective. No terms of any purchase order or other business form that you may use will affect the obligations of the parties under these terms and conditions. If any provision of these terms and conditions is found to be invalid or unenforceable, the remaining terms will continue to be valid and enforceable to the fullest extent permitted by law. > -- Nick Rout <[EMAIL PROTECTED]>
