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