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Understanding the EULA/License

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Hi there,

 

I hope to find some clarification regarding the EULA of VMware ESXi Installable (new free version). 

 

 

 

 

 

 

The EULA says:

 

 

 

" (ii) use the Software and each Licensed Additional Module solely for

information processing and computing purposes, including the hosting of

computer application-based services from a Virtual Machine and

provision of such services via an internal or external network,

provided such services may not consist of services to a third party

that provide primarily computing or processing power (such as utility

computing or grid computing) or any computer application-based service

that is traded, rented, leased or sold on a Virtual Machine basis;"

 

 

 

 

 

 

 

 

To be honest, there's some confusion and different interpretations of this excerpt in various discussion forums. As far as I understand that, VMware ESXi Installable shall not be resold/rented out for pure processing power (two examples given in the EULA), because it would be quite pointless to use VMs instead of pure hardware nodes in such a scenario

 

 

 

 

 

 

But what about the second part: "computer application-based service ... on a Virtual Machine basis"?

 

 

 

 

 

 

Can an expert clarify it with some examples, please?

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Which of these examples here are not allowed?

 

 

 

 

 

  • using ESXi VMs as so-called VPS and sell/rent them to customers?

  • running services within a VM and selling/renting the service only (which also could run on a dedicated machine) -- example: monitoring service, email services whatever

  • creating a VM with a custom made application and selling the VM physically to customers, who then use that VM on their machines (VMware Player, Server, ESX whatever)

 

 

 

 

 

 

 

 

Thanks in advance for your help!

 

 

 

 

 

 

 

 

 

 


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