Virtual disk informationThe list of logical networksUser connects to HCIBench Web UI through this NetworkIf there's no DHCP Server on the vLAN which client VMs will use, or the vLAN for client VMs can not be
routed from the Management Network, map this Network to the vLAN and Enable Static IP Service from the Web UIStorage policy for group of disksvSAN Default Storage Policy storagepolicy groupA virtual machineHCIBenchThe kind of installed guest operating systemOther 3.x or later Linux (64-bit)Virtual hardware requirementsVirtual Hardware Family0HCIBenchvmx-10hertz * 10^6Number of Virtual CPUs8 virtual CPU(s)1384byte * 2^20Memory Size8192MB of memory2481920SCSI ControllerSCSI controller 03lsilogic61IDE ControllerIDE 1450IDE ControllerIDE 055falseVideo card624falseVMCI device7vmware.vmci10Hard disk 1ovf:/disk/vmdisk18317group11Hard disk 2ovf:/disk/vmdisk29317group17trueManagement NetworkVmxNet3 ethernet adapter on "Management Network"Network adapter 110VmxNet3108trueVM NetworkVmxNet3 ethernet adapter on "VM Network"Network adapter 211VmxNet310Storage policy group referenceA human-readable annotationIf you find a bug or have any difficulties of using this tool, please post your comment to https://labs.vmware.com/flings/hcibench or contact vsanperformance@vmware.com.Information about the installed softwareHCIBenchVMware Inc.22.6.1https://labs.vmware.com/flings/hcibenchhttps://www.vmware.comNetworkIP address of default gateway. Can be 'default' when using IPv6.Network IP address. Only provide this when mode is 'static'. Can be IPv4 or IPv6 based on specified address family. Leave this empty if DHCP or Autoconf is usedipv4 or ipv60 - 32 for IPv4 and 0 - 128 for IPv6.
Leave this empty if DHCP is usedIP address of DNS server.Root Credentialroot password, the length should be 6-16An end-user license agreementVMWARE TECHNOLOGY PREVIEW LICENSE AGREEMENT
Notice to User: This Technology Preview License Agreement (the Agreement) is a CONTRACT between you (either an individual or a single entity) (you or Licensee) and VMware, Inc. (VMware), which covers your use of the Technology Preview Software (as defined below). If you do not agree to the terms of this Agreement, then do not install or use the Technology Preview Software. By explicitly accepting this Agreement, however, or by installing, copying, downloading, accessing, or otherwise using the Technology Preview Software, you are acknowledging and agreeing to be bound by the following terms.
1. DEFINITIONS. (a) Technology Preview Software means the unreleased, concept version of VMwares software, in object form only, excluding any Open Source Software provided with the such software, and the media and Documentation provided by VMware to Licensee and for which Licensee is granted a use license pursuant to this Agreement. (b) Documentation means the printed and online written reference material furnished to Licensee in conjunction with the Technology Preview Software, including, without limitation, instructions, testing guidelines, and end user guides. (c) Intellectual Property Rights shall mean all intellectual property rights, including, without limitation, patent, copyright, trademark, and trade secret. (d) Open Source Software means various open source software components provided with the Technology Preview Software that are licensed to you under the terms of the applicable license agreements included with such open source software components or other materials for the Technology Preview Software. (e) Updates means a modification, error correction, bug fix, new release, or other update to or for the Technology Preview Software.
2. LICENSE GRANT, USE AND OWNERSHIP.
(a) Limited License. Subject to the terms and conditions of this Agreement, VMware grants to Licensee a non-exclusive, non-transferable license (without the right to sublicense) (i) to use the Technology Preview Software in accordance with the Documentation solely for purposes of internal testing and evaluation, (ii) to use the Documentation provided with the Technology Preview Software in support of Licensees authorized use of the Technology Preview Software, and (iii) to copy the Technology Preview Software for archival or backup purposes, provided that all titles and trademarks, copyright, and restricted rights notices are reproduced on such copies.
(b) Evaluation Feedback. The purpose of this limited license is the testing and evaluation of the Technology Preview Software as set forth above. In furtherance of this purpose, Licensee shall provide feedback to VMware concerning the functionality and performance of the Technology Preview Software from time to time as reasonably requested by VMware, including, without limitation, identifying potential errors and improvements. Licensee will provide the requested feedback in a manner that is convenient to Licensee subject to reasonable availability of Licensees personnel. Notwithstanding the foregoing, prior to Licensee disclosing to VMware any information under this Agreement that Licensee considers proprietary or confidential, Licensee shall obtain VMwares prior written approval to disclose such information to VMware, and without such prior written approval from VMware, Licensee shall not disclose any such information to VMware. VMware may use feedback to improve or enhance its products and, accordingly, you hereby grant to VMware a non-exclusive, perpetual, irrevocable, royalty-free, transferable, worldwide right and license, with the right to sublicense, to use, reproduce, disclose, distribute, perform, display, modify, prepare derivative works of and otherwise exploit the feedback and other information without restriction in any manner now known or in the future conceived and to make, use, sell, offer to sell, import and export any product or service that incorporates the feedback and other information.
(c) Restrictions. Licensee shall not copy or use the Technology Preview Software (including the Documentation) except as expressly permitted in this Agreement. Except to the extent that any applicable mandatory laws prevent VMware restraining Licensee from doing so, Licensee will not, and will not permit any third party to, sublicense, rent, copy, modify, create derivative works of, translate, reverse engineer, decompile, disassemble, or otherwise reduce to human perceivable form any portion of the Technology Preview Software or accompanying Documentation. Without limiting the generality of the foregoing, Licensee shall not use the Technology Preview Software for Licensees product development or any other commercial purpose. The Technology Preview Software and all performance data and test results, including without limitation, benchmark test results (collectively Performance Data) relating to the Technology Preview Software are the Confidential Information of VMware, and will be treated in accordance with the terms of Section 4 of this Agreement. Accordingly, Licensee shall not publish or disclose to any third party any Performance Data relating to the Technology Preview Software.
(d) Ownership. VMware shall own and retain all right, title and interest in and to the Intellectual Property Rights in the Technology Preview Software, subject only to the limited license expressly set forth in Section 2(a) hereof. Licensee does not acquire any other rights, express or implied, in the Technology Preview Software. ALL RIGHTS NOT EXPRESSLY GRANTED HEREUNDER ARE RESERVED TO VMWARE.
(e) No Support Services. VMware is under no obligation to support the Technology Preview Software in any way or to provide any Updates to Licensee. In the event VMware, in its sole discretion, supplies any Update to Licensee, the Update shall be deemed Technology Preview Software under this Agreement and shall be subject to the terms and conditions of this Agreement.
(f) Third-Party Software. The Technology Preview Software may enable a computer to run multiple instances of third-party guest operating systems and application programs. Licensee acknowledges that Licensee is responsible for obtaining any licenses necessary to operate any third-party software, including guest operating systems and application programs.
(g) Open Source Software. Except for Sections 5, 6 and 7, the terms and conditions of this Agreement shall not apply to any Open Source Software accompanying the Technology Preview Software. Any such Open Source Software is provided under the terms of the open source license agreement or copyright notice accompanying such Open Source Software or in the open source licenses file accompanying the Technology Preview Software.
3. TERM AND TERMINATION. Licensees rights with respect to the Technology Preview Software will terminate upon the earlier of (a) automatic expiration of the Technology Preview Software based on the system date, or (b) termination by VMware, in its sole discretion, of Licensees rights with respect to the Technology Preview Software provided under this Agreement upon notice on the VMware website. Upon any expiration or termination of rights with respect to the Technology Preview Software under this Agreement, the rights and licenses granted to Licensee under this Agreement shall immediately terminate, and Licensee shall immediately cease using, and will destroy or render practically inaccessible the Technology Preview Software, Documentation, and all other tangible items in Licensees possession or control that contain Confidential Information. The rights and obligations of the parties set forth in Sections 2(b), 2(c), 2(d), 2(e), 2(f), 2(g), 3, 4, 5, 6 and 7 shall survive termination or expiration of this Agreement for any reason.
4. CONFIDENTIALITY. (a) Confidentiality. "Confidential Information" means the Technology Preview Software, all information regarding the Technology Preview Software (including any trade secrets, know-how, inventions, techniques, processes, and algorithms embodied in the Technology Preview Software), Documentation, Performance Data, any Updates, and other information provided by VMware to Licensee under this Agreement, whether disclosed orally, in writing, or by examination or inspection, other than information that Licensee can demonstrate (i) was already known to Licensee, other than under an obligation of confidentiality, at the time of disclosure; (ii) was generally available in the public domain at the time of disclosure to Licensee; (iii) became generally available in the public domain after disclosure other than through any act or omission of Licensee; (iv) was subsequently lawfully disclosed to Licensee by a third party without any obligation of confidentiality; or (v) was independently developed by Licensee without use of or reference to any information or materials disclosed by VMware or its suppliers. If Licensee is required to disclose Confidential Information by applicable law or court order, Licensee shall notify VMware of the required disclosure promptly in writing and shall cooperate with VMware in any lawful action to contest or limit the scope of the required disclosure. Confidential Information shall include, without limitation, any information relating to VMware products, product roadmaps, and other technical, business, financial and product development plans, forecasts and strategies. Licensee shall not use any Confidential Information for any purpose other than as expressly authorized under this Agreement. In no event shall Licensee use the Technology Preview Software or any Confidential Information to develop, manufacture, market, sell, or distribute any product or service, including any VMware products. Licensee shall not disclose any Confidential Information to any third party. Without limiting the foregoing, Licensee shall use at least the same degree of care that it uses to prevent the disclosure of its own confidential information of like importance, but in no event less than reasonable care, to prevent the disclosure of such Confidential Information. (b) Additional Confidentiality Restrictions for Highly Confidential Technology Preview Software. For certain Technology Preview Software designated by VMware as highly confidential (Highly Confidential Technology Preview Software) in VMwares correspondence to you regarding this Technology Preview Software or in any Documentation, additional heightened confidentiality restrictions designated below will apply. (i) Licensee shall limit dissemination of Highly Confidential Technology Preview Software and related information concerning product features, future technologies and roadmaps only to Information Technology teams and/or software/solutions development teams of Licensee designated by VMware, and only to individuals on those teams who have a need to know the Confidential Information for purposes expressly authorized under this Agreement. For clarity and without limiting the generality of the foregoing, Licensee shall not disseminate any Highly Confidential Technology Preview Software to Licensee's sales and marketing field organizations. Licensee will assign an employee who will be primarily responsible (Primary Contact) for ensuring that the terms of this Agreement are complied with. (ii) Licensee acknowledges that damages for improper disclosure of Highly Confidential Technology Preview Software or related information concerning product features, future technologies and roadmaps may be irreparable and that monetary damages would be inadequate to compensate VMware for any breach of this Agreement. In the event that VMware reasonably believes that Licensee has disseminated certain of such Highly Confidential Technology Preview Software or related information concerning product features, future technologies and roadmaps to an unauthorized party, Licensee will be immediately removed from VMwares Technology Preview Software program and will not be permitted to participate in any VMware Technology Preview Software program in the future. Additionally, all rights and licenses granted to Licensee under this Agreement shall immediately terminate in accordance with Section 3 herein (Term and Termination). (c) Remedies. In addition to all other remedies available in law or otherwise, VMware is entitled to seek equitable relief, including injunctive relief, against the threatened breach of this Agreement or the continuation of any such breach.
5. LIMITATION OF LIABILITY. IT IS UNDERSTOOD THAT THE TECHNOLOGY PREVIEW SOFTWARE IS PROVIDED WITHOUT CHARGE FOR LIMITED EVALUATION PURPOSES. ACCORDINGLY, THE TOTAL LIABILITY OF VMWARE AND ITS LICENSORS ARISING OUT OF OR RELATED TO THIS AGREEMENT SHALL NOT EXCEED US$100.00. TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT SHALL VMWARE OR ITS LICENSORS HAVE LIABILITY FOR ANY INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, OR LOSS OF BUSINESS INFORMATION), HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY (INCLUDING WITHOUT LIMITATION, TORT, STATUTE, CONTRACT OR OTHER), EVEN IF VMWARE AND ITS LICENSORS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THESE LIMITATIONS SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY.
6. WARRANTY DISCLAIMER. IT IS UNDERSTOOD THAT THE TECHNOLOGY PREVIEW SOFTWARE, OPEN SOURCE SOFTWARE, DOCUMENTATION, AND ANY UPDATES MAY CONTAIN ERRORS AND ARE PROVIDED FOR LIMITED EVALUATION ONLY. THE TECHNOLOGY PREVIEW SOFTWARE, THE OPEN SOURCE SOFTWARE, THE DOCUMENTATION, AND ANY UPDATES ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE. VMWARE AND ITS LICENSORS SPECIFICALLY DISCLAIM ALL IMPLIED WARRANTIES OF MERCHANTABILITY, NONINFRINGEMENT, AND FITNESS FOR A PARTICULAR PURPOSE. Licensee acknowledges that VMware has not publicly announced the availability of the Technology Preview Software, that such Technology Preview Software may contain features currently under development, that VMware has not promised or guaranteed to Licensee that such Technology Preview Software will be announced or made available to anyone in the future, that VMware has no express or implied obligation to Licensee to announce or introduce the Technology Preview Software, that VMware has no obligation to introduce a product similar to or compatible with the Technology Preview Software, and that any version number (if any) referenced is subject to change and does not in any way represent VMwares commitment to release any product in the future. Accordingly, Licensee acknowledges that any research or development that it performs regarding the Technology Preview Software or any product associated with the Technology Preview Software is done entirely at Licensees own risk. Specifically, the Technology Preview Software may contain features, functionality or modules that will not be included in the production version of the Technology Preview Software, if released, or that will be marketed separately for additional fees.
7. OTHER PROVISIONS. (a) Governing Law. This Agreement, and all disputes arising out of or related thereto, shall be governed by and construed under the laws of the State of California without reference to conflict of laws principles. All such disputes shall be subject to the exclusive jurisdiction of the state and federal courts located in Santa Clara County, California, and the parties agree and submit to the personal and exclusive jurisdiction and venue of these courts. The United Nations Convention for the International Sale of Goods shall not apply. (b) Export Control. The Technology Preview Software is of United States origin and is provided subject to the U.S. Export Administration Regulations. Diversion contrary to U.S. law is prohibited. Without limiting the foregoing, you agree that (i) you are not, and are not acting on behalf of, any person who is a citizen, national, or resident of, or who is controlled by the government of, Cuba, Iran, North Korea, Sudan, or Syria, or any other country to which the United States has prohibited export transactions; (ii) you are not, and are not acting on behalf of, 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 (iii) you will not use the Technology Preview Software for, and will not permit the Technology Preview Software to be used for, any purposes prohibited by law, including, without limitation, for any prohibited development, design, manufacture or production of missiles or nuclear, chemical or biological weapons. U.S. Export Control Classification Numbers (ECCNs) may be found at VMware help page: http://www.vmware.com/help/export-control. (c) Modification. This is the entire agreement between the parties relating to the subject matter hereof and all other terms are rejected. No waiver or modification of this Agreement shall be valid unless in writing signed by each party. The waiver of a breach of any term hereof shall in no way be construed as a waiver of any other term or breach hereof. If any provision of this Agreement is held by a court of competent jurisdiction to be contrary to law, the remaining provisions of this Agreement shall remain in full force and effect. (d) Data Privacy. Licensee agrees that VMware may process technical and related usage information about Licensees use of the Technology Preview Software for statistical and analytical purposes. Usage information is collected strictly for internal statistical and analytical purposes for the development of VMware products and services. Licensee understands that any log files generated in order to obtain support from VMware may contain sensitive, confidential or personal information. Licensee should consider obfuscating any logs before sending them to VMware. VMwares privacy policy (http://www.vmware.com/help/privacy.html) shall apply.
8. ASSIGNMENT. Licensee shall not assign this Agreement or any rights or obligations hereunder, directly or indirectly, by operation of law, merger, acquisition of stock or assets, or otherwise, without the prior written consent of VMware. Any attempted assignment or transfer in violation of the foregoing will be null and void. Subject to the foregoing, this Agreement shall inure to the benefit of and be binding upon the parties and their respective successors and permitted assigns.
9. CONTACT INFORMATION. If you have any questions about this Agreement, please direct all correspondence to: VMware, Inc., 3401 Hillview Avenue, Palo Alto, CA 94304, United States of America or email info@vmware.com. VMware is a trademark of VMware, Inc. and is registered in the U.S. and numerous other countries.
Rev. 2014Mar10An end-user license agreementVMWARE END USER LICENSE AGREEMENT FOR PHOTON OS
IMPORTANT-READ CAREFULLY: BY DOWNLOADING, INSTALLING, OR USING THE PROGRAM, 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 PROGRAM, AND YOU MUST DELETE OR RETURN THE UNUSED PROGRAM TO THE
VENDOR FROM WHICH YOU ACQUIRED IT WITHIN THIRTY (30) DAYS.
1. DEFINITIONS.
1.1 Documentation means that documentation that is generally provided to You by
VMware with the Program, as revised by VMware from time to time, and which may include end
user manuals, operation instructions, installation guides, release notes, and on-line help
files regarding the use of the Program.
1.2 GPL v2 means the GNU General Public License version 2 the terms of which are
available at http://www.gnu.org/licenses/old-licenses/gpl-2.0.en.html.
1.3 Intellectual Property Rights means all worldwide intellectual property rights,
including without limitation, copyrights, trademarks, service marks, trade secrets, know
how, inventions, patents, patent applications, moral rights and all other proprietary
rights, whether registered or unregistered.
1.4 Open Source Software or OSS means software components embedded in the Program
and provided under separate license terms, which can be found either in the
open_source_licenses.txt file (or similar file) provided with the Program or at the Photon
OS source repository at https://github.com/vmware/photon.
1.5 Program means the computer programs included in the object code version of
Photon OS.
1.6 VMware means VMware, Inc., a Delaware corporation, if You are purchasing
services for use in the United States and VMware International Limited, a company
organized and existing under the laws of Ireland, for all other purchases.
2. LICENSE GRANT.
2.1 General License Grant. VMware grants to You a license to use the Program pursuant
to the terms of the GPL v2.
2.2 Open Source Software. Notwithstanding anything herein to the contrary, Open
Source Software is licensed to You under such OSSs own applicable license terms, which
can be found in the open_source_licenses.txt file, or the corresponding source files for
the Program available at https://github.com/vmware/photon. To the extent the license for
any Open Source Software requires VMware to make available to You the corresponding source
code and/or modifications (the "Source Files"), You may obtain a copy of the applicable
Source Files from the Photon OS source repository at https://github.com/vmware/photon or
by sending a written request, with Your name and address to: VMware, Inc., 3401 Hillview
Avenue, Palo Alto, CA 94304, United States of America. All requests should clearly
specify: Open Source Files Request, Attention: General Counsel. This offer to obtain a
copy of the Source Files is valid for three years from the date You acquired this Program.
2.3 Copying of Documentation Permitted. You may copy the Documentation as necessary to
install, run and use the Program, but otherwise for archival purposes only.
2.4 Restrictions. You are not authorized to redistribute modified versions of the
Program with VMware trademarks and logos.
2.5 Intellectual Property in Trademarks and Documentation. Notwithstanding the terms
applicable to the Program, VMware and its licensors retain all ownership in VMware
trademarks and the Documentation, including all modifications, enhancements and derivative
works thereof, and all Intellectual Property Rights therein. Your rights to use the
Documentation and VMware trademarks are limited to those expressly granted in this EULA,
and no other rights are implied.
3. SUPPORT AND SUBSCRIPTION SERVICES. VMware does not provide any support or
subscription services for the Program under this EULA.
4. DATA PRIVACY. You agree that VMware may process technical and related information
about Your use of the Program which may include internet protocol address, hardware
identification, operating system, application software, peripheral hardware, and non-
personally identifiable Program usage statistics to facilitate the provisioning of online
services and may transfer such information to other companies in the VMware worldwide
group of companies from time to time. To the extent that this information constitutes
personal data, VMware shall be the controller of such personal data. To the extent that it
acts as a controller, each party shall comply at all times with its obligations under
applicable data protection legislation.
5. WARRANTY DISCLAIMER & LIMITATION OF LIABILITY
5.1 Limitation of Liability. IN ADDITION TO ANY AND ALL LIMITATION OF LIABILITY IN THE GPL
V2, IN RESPECT TO THE DOCUMENTATION AND OTHERWISE, TO THE MAXIMUM EXTENT MANDATED BY LAW,
IN NO EVENT WILL VMWARE AND ITS LICENSORS BE LIABLE FOR ANY LOST PROFITS OR BUSINESS
OPPORTUNITIES, LOSS OF USE, LOSS OF REVENUE, LOSS OF GOODWILL, BUSINESS INTERRUPTION, LOSS
OF DATA, OR ANY 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. VMWARES AND ITS LICENSORS LIABILITY UNDER THIS EULA WILL NOT, IN ANY EVENT,
REGARDLESS OF WHETHER THE CLAIM IS BASED IN CONTRACT, TORT, STRICT LIABILITY, OR
OTHERWISE, EXCEED USD$100. THE FOREGOING LIMITATIONS SHALL APPLY REGARDLESS OF WHETHER
VMWARE OR ITS LICENSORS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND
REGARDLESS OF WHETHER ANY REMEDY FAILS OF ITS ESSENTIAL PURPOSE.
5.2 Further Limitations. VMwares licensors shall have no liability of any kind under
this EULA and VMwares liability with respect to any third party software embedded in the
Program shall be subject to Section 5.1 (Limitation of Liability). You may not bring a
claim under this EULA more than eighteen (18) months after the cause of action arises.
5.3 Documentation Warranty Disclaimer: TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE
LAW, VMWARE AND ITS LICENSORS MAKE NO EXPRESS WARRANTIES UNDER THIS EULA IN RESPECT TO THE
DOCUMENTATION OR OTHERWISE, AND DISCLAIM ALL IMPLIED WARRANTIES OF MERCHANTABILITY,
FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT, AND ANY WARRANTY ARISING BY
STATUTE, OPERATION OF LAW, COURSE OF DEALING OR PERFORMANCE, OR USAGE OF TRADE. VMWARE AND
ITS LICENSORS DO NOT WARRANT THAT THE DOCUMENTATION WILL BE FREE FROM DEFECTS OR THAT IT
WILL MEET YOUR REQUIREMENTS.
6. COMPLIANCE WITH LAWS; EXPORT CONTROL; GOVERNMENT REGULATIONS. Each party shall
comply with all laws applicable to the actions contemplated by this EULA. You acknowledge
that the Program 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 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 Program 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. The Program and Documentation are deemed to be commercial computer
software and commercial computer software documentation, respectively, pursuant to
DFARS Section 227.7202 and FAR Section 12.212(b), as applicable. Any use, modification,
reproduction, release, performing, displaying or disclosing of the Program and
Documentation by or for the U.S. Government shall be governed solely by the terms and
conditions of this EULA.
11
12
12.5
12.6
7. GOVERNING LAW. This EULA is governed by the laws of the State of California,
United States of America (excluding its conflict of law rules), and the federal laws of
the United States. To the extent permitted by law, the state and federal courts located in
Santa Clara County, California will be the exclusive jurisdiction for disputes arising out
of or in connection with this EULA. The U.N. Convention on Contracts for the International
Sale of Goods does not apply.
Photon OS 1.0 GA EULA_2016May19