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154 lines
9.0 KiB
154 lines
9.0 KiB
VirtualBox Personal Use and Evaluation License (PUEL)
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License version 8, April 19, 2010
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ORACLE CORPORATION ("ORACLE") IS WILLING TO LICENSE THE PRODUCT (AS
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DEFINED IN 1 BELOW) TO YOU ONLY UPON THE CONDITION THAT YOU ACCEPT ALL
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OF THE TERMS CONTAINED IN THIS VIRTUALBOX PERSONAL USE AND EVALUATION
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LICENSE AGREEMENT ("AGREEMENT"). PLEASE READ THE AGREEMENT CAREFULLY. BY
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DOWNLOADING OR INSTALLING THIS PRODUCT, YOU ACCEPT THE FULL TERMS OF
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THIS AGREEMENT.
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IF YOU ARE AGREEING TO THIS LICENSE ON BEHALF OF AN ENTITY OTHER THAN
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AN INDIVIDUAL PERSON, YOU REPRESENT THAT YOU ARE BINDING AND HAVE THE
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RIGHT TO BIND THE ENTITY TO THE TERMS AND CONDITIONS OF THIS AGREEMENT.
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1 SUBJECT OF AGREEMENT. "Product", as referred to in this Agreement, shall
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be the binary software package "Oracle VM VirtualBox," which Product
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allows for creating multiple virtual computers, each with different
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operating systems ("Guest Computers"), on a physical computer with a
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specific operating system ("Host Computer"), to allow for installing and
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executing these Guest Computers simultaneously. The Product consists
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of executable files in machine code for the Solaris, Windows, Linux,
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and MacOSX operating systems as well as other data files as required
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by the executable files at run-time and documentation in electronic
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form. The Product includes all documentation and updates provided to
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You by Oracle under this Agreement and the terms of this Agreement will
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apply to all such documentation and updates unless a different license
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is provided with an update or documentation.
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2 GRANT OF LICENSE. (1) Oracle grants you a personal, non-exclusive,
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non-transferable, limited license without fees to reproduce, install,
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execute, and use internally the Product a Host Computer for your Personal
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Use, Educational Use, or Evaluation. "Personal Use" requires that you use
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the Product on the same Host Computer where you installed it yourself and
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that no more than one client connect to that Host Computer at a time for
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the purpose of displaying Guest Computers remotely. "Educational use" is
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any use in an academic institution (schools, colleges and universities,
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by teachers and students). "Evaluation" means testing the Product for a
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reasonable period (that is, normally for a few weeks); after expiry of
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that term, you are no longer permitted to evaluate the Product.
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(2) The "VirtualBox Guest Additions" are a set of drivers and
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utilities that are shipped as a subset of the Product for the purpose
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of being installed inside a Guest Computer to improve its performance
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and cooperation with the rest of the Product. In addition to and
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independent of the rights granted by subsection 1, Oracle allows you
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to install, execute, copy and redistribute a) unmodified copies of the
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ISO installation medium of the VirtualBox Guest Additions as shipped
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with the Product and b) the VirtualBox Guest Additions together with
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the Guest Computer into which they have been installed.
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3 RESTRICTIONS AND RESERVATION OF RIGHTS. (1) Any use beyond the
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provisions of 2 is prohibited. The Product and copies thereof provided
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to you under this Agreement are copyrighted and licensed, not sold, to
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you by Oracle. Oracle reserves all copyrights and other intellectual
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property rights. This includes, but is not limited to, the right to
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modify, make available or public, rent out, lease, lend or otherwise
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distribute the Product. This does not apply as far as applicable law
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may require otherwise or if Oracle grants you additional rights of use
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in a separate agreement in writing.
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(2) You may not do any of the following: (a) modify the Product. However
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if the documentation accompanying Product lists specific portions of
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Product, such as header files, class libraries, reference source code,
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and/or redistributable files, that may be handled differently, you may
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do so only as provided in the documentation; (b) rent, lease, lend or
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encumber the Product; (c) remove or alter any proprietary legends or
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notices contained in the Product; or (d) decompile, or reverse engineer
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the Product (unless enforcement of this restrictions is prohibited by
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applicable law).
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(3) The Product is not designed, licensed or intended for use in the
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design, construction, operation or maintenance of any nuclear facility
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and Oracle and its licensors disclaim any express or implied warranty
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of fitness for such uses.
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(4) No right, title or interest in or to any trademark, service mark, logo
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or trade name of Oracle or its licensors is granted under this Agreement.
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4 TERMINATION. The Agreement is effective on the Date you receive the
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Product and remains effective until terminated. Your rights under this
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Agreement will terminate immediately without notice from Oracle if you
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materially breach it or take any action in derogation of Oracle's and/or
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its licensors' rights to Product. Oracle may terminate this Agreement
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should any Product become, or in Oracle's reasonable opinion likely to
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become, the subject of a claim of intellectual property infringement or
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trade secret misappropriation. Upon termination, you will cease use of,
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and destroy, Product and confirm compliance in writing to Oracle. Sections
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3-9, inclusive, will survive termination of the Agreement.
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5 DISCLAIMER OF WARRANTY. TO THE EXTENT NOT PROHIBITED BY APPLICABLE
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LAW, ORACLE PROVIDES THE PRODUCT "AS IS" WITHOUT WARRANTY OF ANY KIND,
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EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED
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WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR
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NON-INFRINGEMENT, EXCEPT TO THE EXTENT THAT THESE DISCLAIMERS ARE HELD TO
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BE LEGALLY INVALID. The entire risk as to the quality and performance of
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the Product is with you. Should it prove defective, you assume the cost
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of all necessary servicing, repair, or correction. In addition, Oracle
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shall be allowed to provide updates to the Product in urgent cases. You
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are then obliged to install such updates. Such an urgent case includes,
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but is not limited to, a claim of rights to the Product by a third party.
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6 LIMITATION OF LIABILITY. TO THE EXTENT NOT PROHIBITED BY APPLICABLE LAW,
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IN NO EVENT WILL ORACLE OR ITS LICENSORS BE LIABLE FOR ANY LOST REVENUE,
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PROFIT OR DATA, OR FOR SPECIAL, INDIRECT, CONSEQUENTIAL, INCIDENTAL OR
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PUNITIVE DAMAGES, HOWEVER CAUSED REGARDLESS OF THE THEORY OF LIABILITY,
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ARISING OUT OF OR RELATED TO THE USE OF OR INABILITY TO USE PRODUCT,
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EVEN IF ORACLE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. In
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no event will Oracle's liability to you, whether in contract, tort
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(including negligence), or otherwise, exceed the amount paid by you for
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Product under this Agreement. Some states do not allow the exclusion of
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incidental or consequential damages, so some of the terms above may not
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be applicable to you.
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7 THIRD PARTY CODE. Portions of Product may be provided with notices and
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open source licenses from communities and third parties that govern the
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use of those portions, and any licenses granted hereunder do not alter
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any rights and obligations You may have under such open source licenses,
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however, the disclaimer of warranty and limitation of liability provisions
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in this Agreement will apply to all the Product.
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8 EXPORT REGULATIONS. All Product, documents, technical data, and any
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other materials delivered under this Agreement are subject to U.S. export
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control laws and may be subject to export or import regulations in other
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countries. You agree to comply strictly with these laws and regulations
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and acknowledge that you have the responsibility to obtain any licenses
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to export, re-export, or import as may be required after delivery to you.
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9 U.S. GOVERNMENT RESTRICTED RIGHTS. If Product is being acquired
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by or on behalf of the U.S. Government or by a U.S. Government prime
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contractor or subcontractor (at any tier), then the Government's rights
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in Product and accompanying documentation will be only as set forth
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in this Agreement; this is in accordance with 48 CFR 227.7201 through
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227.7202-4 (for Department of Defense (DOD) acquisitions) and with 48
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CFR 2.101 and 12.212 (for non-DOD acquisitions).
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10 MISCELLANEOUS. This Agreement is the entire agreement between you
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and Oracle relating to its subject matter. It supersedes all prior or
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contemporaneous oral or written communications, proposals, representations
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and warranties and prevails over any conflicting or additional terms
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of any quote, order, acknowledgment, or other communication between
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the parties relating to its subject matter during the term of this
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Agreement. No modification of this Agreement will be binding, unless in
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writing and signed by an authorized representative of each party. If any
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provision of this Agreement is held to be unenforceable, this Agreement
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will remain in effect with the provision omitted, unless omission would
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frustrate the intent of the parties, in which case this Agreement will
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immediately terminate. Course of dealing and other standard business
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conditions of the parties or the industry shall not apply. This Agreement
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is governed by the substantive and procedural laws of California and you
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and Oracle agree to submit to the exclusive jurisdiction of, and venue
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in, the courts in San Francisco, San Mateo, or Santa Clara counties in
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California in any dispute arising out of or relating to this Agreement.
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