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| -rw-r--r-- | licenses/PUEL | 210 |
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diff --git a/licenses/PUEL b/licenses/PUEL index 1f2dd09288bb..73e62f9615b0 100644 --- a/licenses/PUEL +++ b/licenses/PUEL @@ -1,77 +1,153 @@ VirtualBox Personal Use and Evaluation License (PUEL) -License version 6, July 28, 2008 - -Sun Microsystems, Inc. ("Sun") grants you the right to use the software -product as defined in section 1 according to the following provisions. -If you do not agree to all conditions set forth by this license, you may -not use the product, because only Sun as the product's owner can give -you permission to use it. - -1. SUBJECT OF LICENSE. "Product", as referred to in this License, shall -be the binary software package "VirtualBox", which 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 Windows, Mac OS X, Linux and Solaris operating -systems as well as other data files as required by the executable files -at run-time and documentation in electronic form. - -2. GRANT OF LICENSE. (1) Sun grants you a personal right to install and -execute the Product on a Host Computer for Personal Use or Educational -Use or for 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 +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 +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, Sun 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. RESERVATION OF RIGHTS. Any use beyond the provisions of article 2. -is prohibited. Sun reserves all copyrights and other intellectual +(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 it or Sun grants you additional rights of use in a separate -license in writing. - -4. TERMINATION. This License shall be valid infinitely. Sun may -terminate the License only for material causes. In particular, such a -material cause can be a violation of the usage terms or a breach of other -essential duties from this contract. After termination, you are required -to delete and destroy all remaining copies of the Product. This includes, -but is not limited to, installed copies and backups. - -5. NO WARRANTIES. Since you have not paid for the use of the Product, -there is no warranty for it, to the extent permitted by applicable -law. Sun provides the Product "as is" without warranty of any kind, -either expressed or implied, including, but not limited to, the implied -warranties of merchantability and fitness for a particular purpose. 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, Sun 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. MISCELLANEOUS. There are no license terms beyond the written ones in -this agreement. Amendments of, additions to and the joint revocation of -this agreement shall require the written form. The same shall apply to -the preceding written form requirement. Standard business conditions of -the parties shall not apply. Place of performance and legal venue shall -be Santa Clara, California, the domicile of Sun. Any action related -to this Agreement will be governed by California law and controlling -U.S. federal law. No choice of law rules of any jurisdiction will apply. +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. |