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Contractual Issues

In: Business and Management

Submitted By dashith
Words 841
Pages 4
Contractual Issues Memorandum

TO: Information Technology Officer
FROM: Legal Advisor
DATE: March 31, 2014

Issues
EULAs can highlight things that can put you at risk. The harm comes from ignoring EULAs— and the subtle warnings they might contain—by blindly agreeing to their terms:
• Ignoring EULAs can expose your computer to security risks.
• Ignoring EULAs can put your privacy at risk.

The following issues were noticed when scrutinizing the VMware’s End User License Agreement: 1. It is a shrink wrapped contract: by simply downloading the software the company agrees to the terms of the EULA. 2. Liability for third party use: The company will be liable for our third party agents compliance with the terms and conditions of the EULA. Any breach of VMware’s EULA by a Third Party Agent shall be deemed to be a breach by our company. 3. EULA allows VMware to monitor internet activities. 4. VMware collects personal information: VMware may collect information about individuals such as their name, address, telephone number or email address, user IDs and passwords, billing and transaction information, credit card or other financial information and contact preferences. 5. Choice of Law: VMWare has a choice of law provision in its EULA that all disputes will be governed according to the laws of the state of California. 6. VMware can fully use and disclose any information not in personally identifiable form 7. Company will be liable for confidential information which includes (a)License Keys; (b) information regarding VMware’s pricing, product roadmaps or strategic marketing plans; and (c) non-public materials relating to the Software. 8. VMware is not liable for any information posted via online communication tools. 9. VMware is not liable for any breach of privacy by its third party service providers. Personal Information may…...

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