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Revision 1.3 - (show annotations) (download)
Wed Oct 20 21:21:48 2010 UTC (3 years, 6 months ago) by polynomial-c
Branch: MAIN
CVS Tags: HEAD
Changes since 1.2: +142 -66 lines
Updated PUEL license.

1 VirtualBox Personal Use and Evaluation License (PUEL)
2
3 License version 8, April 19, 2010
4
5 ORACLE CORPORATION ("ORACLE") IS WILLING TO LICENSE THE PRODUCT (AS
6 DEFINED IN 1 BELOW) TO YOU ONLY UPON THE CONDITION THAT YOU ACCEPT ALL
7 OF THE TERMS CONTAINED IN THIS VIRTUALBOX PERSONAL USE AND EVALUATION
8 LICENSE AGREEMENT ("AGREEMENT"). PLEASE READ THE AGREEMENT CAREFULLY. BY
9 DOWNLOADING OR INSTALLING THIS PRODUCT, YOU ACCEPT THE FULL TERMS OF
10 THIS AGREEMENT.
11
12 IF YOU ARE AGREEING TO THIS LICENSE ON BEHALF OF AN ENTITY OTHER THAN
13 AN INDIVIDUAL PERSON, YOU REPRESENT THAT YOU ARE BINDING AND HAVE THE
14 RIGHT TO BIND THE ENTITY TO THE TERMS AND CONDITIONS OF THIS AGREEMENT.
15
16 1 SUBJECT OF AGREEMENT. "Product", as referred to in this Agreement, shall
17 be the binary software package "Oracle VM VirtualBox," which Product
18 allows for creating multiple virtual computers, each with different
19 operating systems ("Guest Computers"), on a physical computer with a
20 specific operating system ("Host Computer"), to allow for installing and
21 executing these Guest Computers simultaneously. The Product consists
22 of executable files in machine code for the Solaris, Windows, Linux,
23 and MacOSX operating systems as well as other data files as required
24 by the executable files at run-time and documentation in electronic
25 form. The Product includes all documentation and updates provided to
26 You by Oracle under this Agreement and the terms of this Agreement will
27 apply to all such documentation and updates unless a different license
28 is provided with an update or documentation.
29
30 2 GRANT OF LICENSE. (1) Oracle grants you a personal, non-exclusive,
31 non-transferable, limited license without fees to reproduce, install,
32 execute, and use internally the Product a Host Computer for your Personal
33 Use, Educational Use, or Evaluation. "Personal Use" requires that you use
34 the Product on the same Host Computer where you installed it yourself and
35 that no more than one client connect to that Host Computer at a time for
36 the purpose of displaying Guest Computers remotely. "Educational use" is
37 any use in an academic institution (schools, colleges and universities,
38 by teachers and students). "Evaluation" means testing the Product for a
39 reasonable period (that is, normally for a few weeks); after expiry of
40 that term, you are no longer permitted to evaluate the Product.
41
42 (2) The "VirtualBox Guest Additions" are a set of drivers and
43 utilities that are shipped as a subset of the Product for the purpose
44 of being installed inside a Guest Computer to improve its performance
45 and cooperation with the rest of the Product. In addition to and
46 independent of the rights granted by subsection 1, Oracle allows you
47 to install, execute, copy and redistribute a) unmodified copies of the
48 ISO installation medium of the VirtualBox Guest Additions as shipped
49 with the Product and b) the VirtualBox Guest Additions together with
50 the Guest Computer into which they have been installed.
51
52 3 RESTRICTIONS AND RESERVATION OF RIGHTS. (1) Any use beyond the
53 provisions of 2 is prohibited. The Product and copies thereof provided
54 to you under this Agreement are copyrighted and licensed, not sold, to
55 you by Oracle. Oracle reserves all copyrights and other intellectual
56 property rights. This includes, but is not limited to, the right to
57 modify, make available or public, rent out, lease, lend or otherwise
58 distribute the Product. This does not apply as far as applicable law
59 may require otherwise or if Oracle grants you additional rights of use
60 in a separate agreement in writing.
61
62 (2) You may not do any of the following: (a) modify the Product. However
63 if the documentation accompanying Product lists specific portions of
64 Product, such as header files, class libraries, reference source code,
65 and/or redistributable files, that may be handled differently, you may
66 do so only as provided in the documentation; (b) rent, lease, lend or
67 encumber the Product; (c) remove or alter any proprietary legends or
68 notices contained in the Product; or (d) decompile, or reverse engineer
69 the Product (unless enforcement of this restrictions is prohibited by
70 applicable law).
71
72 (3) The Product is not designed, licensed or intended for use in the
73 design, construction, operation or maintenance of any nuclear facility
74 and Oracle and its licensors disclaim any express or implied warranty
75 of fitness for such uses.
76
77 (4) No right, title or interest in or to any trademark, service mark, logo
78 or trade name of Oracle or its licensors is granted under this Agreement.
79
80 4 TERMINATION. The Agreement is effective on the Date you receive the
81 Product and remains effective until terminated. Your rights under this
82 Agreement will terminate immediately without notice from Oracle if you
83 materially breach it or take any action in derogation of Oracle's and/or
84 its licensors' rights to Product. Oracle may terminate this Agreement
85 should any Product become, or in Oracle's reasonable opinion likely to
86 become, the subject of a claim of intellectual property infringement or
87 trade secret misappropriation. Upon termination, you will cease use of,
88 and destroy, Product and confirm compliance in writing to Oracle. Sections
89 3-9, inclusive, will survive termination of the Agreement.
90
91 5 DISCLAIMER OF WARRANTY. TO THE EXTENT NOT PROHIBITED BY APPLICABLE
92 LAW, ORACLE PROVIDES THE PRODUCT "AS IS" WITHOUT WARRANTY OF ANY KIND,
93 EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED
94 WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR
95 NON-INFRINGEMENT, EXCEPT TO THE EXTENT THAT THESE DISCLAIMERS ARE HELD TO
96 BE LEGALLY INVALID. The entire risk as to the quality and performance of
97 the Product is with you. Should it prove defective, you assume the cost
98 of all necessary servicing, repair, or correction. In addition, Oracle
99 shall be allowed to provide updates to the Product in urgent cases. You
100 are then obliged to install such updates. Such an urgent case includes,
101 but is not limited to, a claim of rights to the Product by a third party.
102
103 6 LIMITATION OF LIABILITY. TO THE EXTENT NOT PROHIBITED BY APPLICABLE LAW,
104 IN NO EVENT WILL ORACLE OR ITS LICENSORS BE LIABLE FOR ANY LOST REVENUE,
105 PROFIT OR DATA, OR FOR SPECIAL, INDIRECT, CONSEQUENTIAL, INCIDENTAL OR
106 PUNITIVE DAMAGES, HOWEVER CAUSED REGARDLESS OF THE THEORY OF LIABILITY,
107 ARISING OUT OF OR RELATED TO THE USE OF OR INABILITY TO USE PRODUCT,
108 EVEN IF ORACLE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. In
109 no event will Oracle's liability to you, whether in contract, tort
110 (including negligence), or otherwise, exceed the amount paid by you for
111 Product under this Agreement. Some states do not allow the exclusion of
112 incidental or consequential damages, so some of the terms above may not
113 be applicable to you.
114
115 7 THIRD PARTY CODE. Portions of Product may be provided with notices and
116 open source licenses from communities and third parties that govern the
117 use of those portions, and any licenses granted hereunder do not alter
118 any rights and obligations You may have under such open source licenses,
119 however, the disclaimer of warranty and limitation of liability provisions
120 in this Agreement will apply to all the Product.
121
122 8 EXPORT REGULATIONS. All Product, documents, technical data, and any
123 other materials delivered under this Agreement are subject to U.S. export
124 control laws and may be subject to export or import regulations in other
125 countries. You agree to comply strictly with these laws and regulations
126 and acknowledge that you have the responsibility to obtain any licenses
127 to export, re-export, or import as may be required after delivery to you.
128
129 9 U.S. GOVERNMENT RESTRICTED RIGHTS. If Product is being acquired
130 by or on behalf of the U.S. Government or by a U.S. Government prime
131 contractor or subcontractor (at any tier), then the Government's rights
132 in Product and accompanying documentation will be only as set forth
133 in this Agreement; this is in accordance with 48 CFR 227.7201 through
134 227.7202-4 (for Department of Defense (DOD) acquisitions) and with 48
135 CFR 2.101 and 12.212 (for non-DOD acquisitions).
136
137 10 MISCELLANEOUS. This Agreement is the entire agreement between you
138 and Oracle relating to its subject matter. It supersedes all prior or
139 contemporaneous oral or written communications, proposals, representations
140 and warranties and prevails over any conflicting or additional terms
141 of any quote, order, acknowledgment, or other communication between
142 the parties relating to its subject matter during the term of this
143 Agreement. No modification of this Agreement will be binding, unless in
144 writing and signed by an authorized representative of each party. If any
145 provision of this Agreement is held to be unenforceable, this Agreement
146 will remain in effect with the provision omitted, unless omission would
147 frustrate the intent of the parties, in which case this Agreement will
148 immediately terminate. Course of dealing and other standard business
149 conditions of the parties or the industry shall not apply. This Agreement
150 is governed by the substantive and procedural laws of California and you
151 and Oracle agree to submit to the exclusive jurisdiction of, and venue
152 in, the courts in San Francisco, San Mateo, or Santa Clara counties in
153 California in any dispute arising out of or relating to this Agreement.

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