| 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. |
| 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. |
| 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). |
| 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. |
| 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. |
| 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. |
