This excerpt taken from the VMW 8-K filed Jul 22, 2009.
Item 2.02 Results of Operations and Financial Condition.
On July 22, 2009, VMware, Inc. (VMware) issued a press release (Earnings Release) announcing its financial results for the quarter ended June 30, 2009. The press release, which includes information regarding VMwares use of non-GAAP financial measures, is attached hereto as Exhibit 99.1 and incorporated by reference herein.
The information in this Item 2.02 and the Exhibit attached hereto shall not be deemed filed for purposes of Section 18 of the Securities Exchange Act of 1934 (the Exchange Act) or otherwise subject to the liabilities of that section, nor shall it be deemed incorporated by reference in any filing under the Securities Act of 1933 or the Exchange Act, regardless of any general incorporation language in such filing.