path: root/licenses/PUEL

VirtualBox Personal Use and Evaluation License (PUEL)

License version 7, September 10, 2008

SUN MICROSYSTEMS, INC. ("SUN") 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 "Sun xVM 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 Sun
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) Sun 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, 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 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 Sun. Sun 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 Sun 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 Sun 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 Sun 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 Sun if you
materially breach it or take any action in derogation of Sun's and/or its
licensors' rights to Product. Sun may terminate this Agreement should
any Product become, or in Sun'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 Sun. Sections 3-9,
inclusive, will survive termination of the Agreement.

5 DISCLAIMER OF WARRANTY. TO THE EXTENT NOT PROHIBITED 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, 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, 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 LIMITATION OF LIABILITY. TO THE EXTENT NOT PROHIBITED BY APPLICABLE LAW,
IN NO EVENT WILL SUN 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 SUN HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. In no
event will Sun'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 Sun 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. 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 the law
of the State of California and controlling U.S. federal law. No choice
of law rules of any jurisdiction will apply.