VirtualBox

Changes between Version 19 and Version 20 of VirtualBox_PUEL


Ignore:
Timestamp:
11/17/2016 08:48:58 AM (4 months ago)
Author:
frank
Comment:

Changes approved by Oracle Legal (David Madsen)

Legend:

Unmodified
Added
Removed
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  • VirtualBox_PUEL

    v19 v20  
    11= !VirtualBox Personal Use and Evaluation License (PUEL) = 
    22 
    3 This license applies if you download the Extension Pack binaries from the [wiki:"Downloads"] page. It does not apply to the !VirtualBox platform packages, which falls under the [wiki:"GPL"] instead; see [wiki:"Editions"] for details about the differences between these releases. 
     3This !VirtualBox Personal Use Evaluation License governs your access to and use of the !VirtualBox Extension Pack. It does not apply to the !VirtualBox Base Package and/or its source code, which are licensed under version 2 of the GNU General Public License (“[wiki:"GPL"]”). 
    44 
    5 In summary, the !VirtualBox PUEL allows you to use !VirtualBox free of charge 
     5See our [wiki:"Licensing_FAQ"  FAQ] for answers to common questions. 
    66 
    7  * for personal use or, alternatively, 
    8  * for product evaluation. 
     7== !VirtualBox Personal Use and Evaluation License (PUEL) ==  
    98 
    10 In addition, academic use of !VirtualBox is also permitted free of charge by the PUEL. 
     9License version 9, 17 November 2016 
    1110 
    12 If you are confused by the legalese below, you may also want to take a look at our [wiki:"Licensing_FAQ" Licensing FAQ] to answer a few common questions. 
     11'''PLEASE READ THE FOLLOWING ORACLE VM VIRTUALBOX PERSONAL USE AND EVALUATION LICENSE CAREFULLY BEFORE DOWNLOADING OR USING THE ORACLE SOFTWARE. THESE TERMS AND CONDITIONS CONSTITUTE A LEGAL AGREEMENT BETWEEN YOU AND ORACLE.''' 
    1312 
    14 == !VirtualBox PUEL terms and conditions ==  
     13ORACLE AMERICA, INC. (“ORACLE”) IS WILLING TO LICENSE THE PRODUCT DEFINED IN SECTION 1 BELOW ONLY ON THE CONDITION THAT YOU ACCEPT ALL OF THE TERMS CONTAINED IN THIS VIRTUALBOX PERSONAL USE AND EVALUATION LICENSE AGREEMENT (“AGREEMENT”).  
    1514 
    16 License version 8, April 19, 2010 
     15IF YOU ARE AGREEING TO THIS LICENSE ON BEHALF OF AN ENTITY (RATHER THAN AS AN INDIVIDUAL HUMAN BEING), YOU REPRESENT THAT YOU HAVE THE APPROPRIATE AUTHORITY TO ACCEPT THESE TERMS AND CONDITIONS ON BEHALF OF SUCH ENTITY. 
    1716 
    18 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. 
     17'''§ 1 Subject of Agreement.''' This Agreement governs your use of the binary software package called “Oracle VM !VirtualBox Extension Pack” (the “Product”), which contains a set of Enterprise Features for “Oracle VM !VirtualBox” that allows multiple virtual computers (“Guest Computers”) to exist on a single physical computer (“Host Computer”). The Product consists of executable files in machine code, data files, and all documentation and updates provided to You by Oracle. 
    1918 
    20 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. 
     19'''§ 2 Grant of license.''' Oracle grants you a personal, non-exclusive, non-transferable, limited license without fees to reproduce, install, execute, and use internally the Product on Host Computers for your Personal Use, Educational Use, or Evaluation. “Personal Use” is use solely by the person downloading the Product from Oracle on a single Host Computer, provided that no more than one client or remote computer is connected to that Host Computer and that client or remote computer is used solely to remotely view the Guest Computers. “Educational Use” is any use by teachers or students in an academic institution (schools, colleges and universities) as part of the institution’s educational curriculum.  “Evaluation” means testing the Product for up to thirty (30) days; after expiry of that term, you are no longer permitted to use the Product. 
    2120 
    22 '''§ 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 Mac OS X 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. 
     21All rights not expressly licensed by Oracle are hereby reserved. 
    2322 
    24 '''§ 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. 
     23'''§ 3 Restrictions and Reservation of Rights.''' (1) The Product and copies thereof provided to you under this Agreement are copyrighted and licensed, not sold, to you by Oracle.  
    2524 
    26 (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. 
    27  
    28 '''§ 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. 
    29  
    30 (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). 
     25(2) You may not do any of the following: (a) modify any part of the Product, except to the extent allowed in the documentation accompanying the Product; (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 (except to the extent permitted by applicable law). 
    3126 
    3227(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. 
     
    3429(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. 
    3530 
    36 '''§ 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. 
     31'''§ 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 part of the 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 all copies of the Product under your control and confirm compliance in writing to Oracle. Sections 3-9, inclusive, will survive termination of the Agreement. 
    3732 
    3833'''§ 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. 
     
    4035'''§ 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. 
    4136 
    42 '''§ 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. 
     37'''§ 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 of the Product. 
    4338 
    4439'''§ 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. 
    4540 
    46 '''§ 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). 
     41'''§ 9 U.S. Government End Users.''' If the Product or related documentation is delivered to the U.S. Government or anyone licensing it on behalf of the U.S. Government, then the following notice applies: Oracle programs, including any operating system, integrated software, any programs installed on hardware, and/or documentation, delivered to U.S. Government end users are "commercial computer software" pursuant to the applicable Federal Acquisition Regulation and agency-specific supplemental regulations. As such, use, duplication, disclosure, modification, and adaptation of the programs, including any operating system, integrated software, any programs installed on the hardware, and/or documentation, shall be subject to license terms and license restrictions applicable to the programs. No other rights are granted to the U.S. Government. 
    4742 
    48 '''§ 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.  
     43'''§ 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 the State of California, USA, and you and Oracle agree to submit to the exclusive jurisdiction of, and venue in, the courts of San Francisco or Santa Clara counties in California in any dispute arising out of or relating to this Agreement.  

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