The VMware End User License Agreement reads as follows:
2.4 Benchmarking. You may use the Software to conduct internal performance testing and benchmarking studies. You may only publish or otherwise distribute the results of such studies to third parties as follows: (a) if with respect to VMware’s Workstation or Fusion products, only if You provide a copy of Your study to firstname.lastname@example.org prior to distribution; (b) if with respect to any other Software, only if VMware has reviewed and approved of the methodology, assumptions and other parameters of the study (please contact VMware at email@example.com to request such review and approval) prior to such publication and distribution.
My questions are:
- What happens, if you refuse to take your unapproved benchmark down? Can they sue you?
- How much leg does a clause like this stand on the courts? In the United States? In the rest of the world?