I installed VMWare Player free version a few months ago, mostly to see if it is a good replacement for MS Virtual PC. My use is purely personal. Upon launching VMWare Player today I was prompted to upgrade to version 6.0. Simple enough until I got to the EULA agreement (Yes, I took the time to read it - corporate lawyers hate it when you read EULAs). Section 5, which is not superseded by the open source license and has no exclusion for personal use, prompted me to decline the EULA and uninstall the software.
In short, the EULA requires you to maintain a record of how you use the software. If you don't maintain the records and they decide to audit you (granted, this may be unlikely), you are liable for the cost of the audit even if you are using the software in compliance with the EULA.
5. AUDIT RIGHTS.
5.1 Records.You will, during the License Term for any Software licenses acquired under this EULA (and for a period of two (2) years from the expiration of the applicable License Term), maintain accurate records of your use of the Software sufficient to demonstrate Your compliance with the terms of this EULA and all Orders.
5.2 Audit Rights.During the period in which the You are obligated to maintain such records, VMware, or its third party auditor, may, upon reasonable notice to You, audit such records to verify that You have (a) used the Software solely in the manner authorized herein; (b) paid all applicable license fees; and (c) otherwise complied with the terms of this EULA and all Orders. VMware may conduct no more than one (1) audit in any twelve (12) month period. Audits will be conducted during normal business hours and VMware will use commercially reasonable efforts to minimize the disruption of Your normal business activities. VMware, and any third-party auditor, shall not have physical access to Your computing devices in connection with any such audit, without Your prior written consent. You will reasonably cooperate with VMware and/or its third-party auditor and will promptly pay directly to VMware any underpayments revealed by such audit. You will promptly reimburse VMware for all reasonable costs and expenses incurred by VMware for such audit if: such audit reveals an underpayment by You of more than five percent (5%) of the fees payable by You to VMware for the period audited, or (ii) such audit reveals You have materially failed to maintain accurate records of Your use of the Software.