| 17 |
17 |
read the license below. If you accept this license, the package |
| 18 |
18 |
installation will continue. If you refuse it, it will be interrupted. |
| 19 |
19 |
. |
| 20 |
|
VirtualBox PUEL terms and conditions |
| 21 |
|
. |
| 22 |
|
License version 8, April 19, 2010 |
| 23 |
|
. |
| 24 |
|
ORACLE CORPORATION (“ORACLE”) IS WILLING TO LICENSE THE PRODUCT (AS DEFINED IN |
| 25 |
|
§ 1 BELOW) TO YOU ONLY UPON THE CONDITION THAT YOU ACCEPT ALL OF THE TERMS |
| 26 |
|
CONTAINED IN THIS VIRTUALBOX PERSONAL USE AND EVALUATION LICENSE AGREEMENT |
| 27 |
|
(“AGREEMENT”). PLEASE READ THE AGREEMENT CAREFULLY. BY DOWNLOADING OR |
| 28 |
|
INSTALLING THIS PRODUCT, YOU ACCEPT THE FULL TERMS OF THIS AGREEMENT. |
| 29 |
|
. |
| 30 |
|
IF YOU ARE AGREEING TO THIS LICENSE ON BEHALF OF AN ENTITY OTHER THAN AN |
| 31 |
|
INDIVIDUAL PERSON, YOU REPRESENT THAT YOU ARE BINDING AND HAVE THE RIGHT TO |
| 32 |
|
BIND THE ENTITY TO THE TERMS AND CONDITIONS OF THIS AGREEMENT. |
| 33 |
|
. |
| 34 |
|
§ 1 Subject of Agreement. “Product”, as referred to in this Agreement, shall |
| 35 |
|
be the binary software package “Oracle VM VirtualBox,” which Product allows |
| 36 |
|
for creating multiple virtual computers, each with different operating |
| 37 |
|
systems (“Guest Computers”), on a physical computer with a specific operating |
| 38 |
|
system (“Host Computer”), to allow for installing and executing these Guest |
| 39 |
|
Computers simultaneously. The Product consists of executable files in machine |
| 40 |
|
code for the Solaris, Windows, Linux, and Mac OS X operating systems as well |
| 41 |
|
as other data files as required by the executable files at run-time and |
| 42 |
|
documentation in electronic form. The Product includes all documentation and |
| 43 |
|
updates provided to You by Oracle under this Agreement and the terms of this |
| 44 |
|
Agreement will apply to all such documentation and updates unless a different |
| 45 |
|
license is provided with an update or documentation. |
| 46 |
|
. |
| 47 |
|
§ 2 Grant of license. (1) Oracle grants you a personal, non-exclusive, |
| 48 |
|
non-transferable, limited license without fees to reproduce, install, execute, |
| 49 |
|
and use internally the Product a Host Computer for your Personal Use, |
| 50 |
|
Educational Use, or Evaluation. “Personal Use” requires that you use the |
| 51 |
|
Product on the same Host Computer where you installed it yourself and that no |
| 52 |
|
more than one client connect to that Host Computer at a time for the purpose |
| 53 |
|
of displaying Guest Computers remotely. “Educational use” is any use in an |
| 54 |
|
academic institution (schools, colleges and universities, by teachers and |
| 55 |
|
students). “Evaluation” means testing the Product for a reasonable period |
| 56 |
|
(that is, normally for a few weeks); after expiry of that term, you are no |
| 57 |
|
longer permitted to evaluate the Product. |
| 58 |
|
. |
| 59 |
|
(2) The “VirtualBox Guest Additions” are a set of drivers and utilities that |
| 60 |
|
are shipped as a subset of the Product for the purpose of being installed |
| 61 |
|
inside a Guest Computer to improve its performance and cooperation with the |
| 62 |
|
rest of the Product. In addition to and independent of the rights granted by |
| 63 |
|
subsection 1, Oracle allows you to install, execute, copy and redistribute a) |
| 64 |
|
unmodified copies of the ISO installation medium of the VirtualBox Guest |
| 65 |
|
Additions as shipped with the Product and b) the VirtualBox Guest Additions |
| 66 |
|
together with the Guest Computer into which they have been installed. |
| 67 |
|
. |
| 68 |
|
§ 3 Restrictions and Reservation of Rights. (1) Any use beyond the provisions |
| 69 |
|
of § 2 is prohibited. The Product and copies thereof provided to you under |
| 70 |
|
this Agreement are copyrighted and licensed, not sold, to you by Oracle. |
| 71 |
|
Oracle reserves all copyrights and other intellectual property rights. This |
| 72 |
|
includes, but is not limited to, the right to modify, make available or |
| 73 |
|
public, rent out, lease, lend or otherwise distribute the Product. This does |
| 74 |
|
not apply as far as applicable law may require otherwise or if Oracle grants |
| 75 |
|
you additional rights of use in a separate agreement in writing. |
| 76 |
|
. |
| 77 |
|
(2) You may not do any of the following: (a) modify the Product. However if |
| 78 |
|
the documentation accompanying Product lists specific portions of Product, |
| 79 |
|
such as header files, class libraries, reference source code, and/or |
| 80 |
|
redistributable files, that may be handled differently, you may do so only as |
| 81 |
|
provided in the documentation; (b) rent, lease, lend or encumber the Product; |
| 82 |
|
(c) remove or alter any proprietary legends or notices contained in the |
| 83 |
|
Product; or (d) decompile, or reverse engineer the Product (unless enforcement |
| 84 |
|
of this restrictions is prohibited by applicable law). |
| 85 |
|
. |
| 86 |
|
(3) The Product is not designed, licensed or intended for use in the design, |
| 87 |
|
construction, operation or maintenance of any nuclear facility and Oracle and |
| 88 |
|
its licensors disclaim any express or implied warranty of fitness for such |
| 89 |
|
uses. |
| 90 |
|
. |
| 91 |
|
(4) No right, title or interest in or to any trademark, service mark, logo or |
| 92 |
|
trade name of Oracle or its licensors is granted under this Agreement. |
| 93 |
|
. |
| 94 |
|
§ 4 Termination. The Agreement is effective on the Date you receive the |
|
20 |
VirtualBox Extension Pack Personal Use and Evaluation License (PUEL) |
|
21 |
. |
|
22 |
License version 10, 20 July 2017 |
|
23 |
. |
|
24 |
PLEASE READ THE FOLLOWING ORACLE VM VIRTUALBOX EXTENSION PACK PERSONAL |
|
25 |
USE AND EVALUATION LICENSE CAREFULLY BEFORE DOWNLOADING OR USING THE |
|
26 |
ORACLE SOFTWARE. THESE TERMS AND CONDITIONS CONSTITUTE A LEGAL AGREEMENT |
|
27 |
BETWEEN YOU AND ORACLE. |
|
28 |
. |
|
29 |
ORACLE AMERICA, INC. ("ORACLE") IS WILLING TO LICENSE THE PRODUCT DEFINED |
|
30 |
IN SECTION 1 BELOW ONLY ON THE CONDITION THAT YOU ACCEPT ALL OF THE TERMS |
|
31 |
CONTAINED IN THIS VIRTUALBOX EXTENSION PACK PERSONAL USE AND EVALUATION |
|
32 |
LICENSE AGREEMENT ("AGREEMENT"). |
|
33 |
. |
|
34 |
IF YOU ARE AGREEING TO THIS LICENSE ON BEHALF OF AN ENTITY (RATHER THAN |
|
35 |
AS AN INDIVIDUAL HUMAN BEING), YOU REPRESENT THAT YOU HAVE THE APPROPRIATE |
|
36 |
AUTHORITY TO ACCEPT THESE TERMS AND CONDITIONS ON BEHALF OF SUCH ENTITY. |
|
37 |
. |
|
38 |
1 SUBJECT OF AGREEMENT. This Agreement governs your use of the binary |
|
39 |
software package called "Oracle VM VirtualBox Extension Pack" (the |
|
40 |
"Product"), which contains a set of additional features for "Oracle |
|
41 |
VM VirtualBox" that enhance the operation of multiple virtual machines |
|
42 |
("Guest Computers") on a single physical computer ("Host Computer"). The |
|
43 |
Product consists of executable files in machine code, script files, |
|
44 |
data files, and all documentation and updates provided to You by Oracle. |
|
45 |
. |
|
46 |
2 GRANT OF LICENSE. Oracle grants you a personal, non-exclusive, |
|
47 |
non-transferable, limited license without fees to reproduce, install, |
|
48 |
execute, and use internally the Product on Host Computers for |
|
49 |
your Personal Use, Educational Use, or Evaluation. "Personal Use" |
|
50 |
is noncommercial use solely by the person downloading the Product |
|
51 |
from Oracle on a single Host Computer, provided that no more than one |
|
52 |
client or remote computer is connected to that Host Computer and that |
|
53 |
client or remote computer is used solely to remotely view the Guest |
|
54 |
Computer(s). "Educational Use" is any use by teachers or students in |
|
55 |
an academic institution (schools, colleges and universities) as part of |
|
56 |
the institution's educational curriculum. "Evaluation" means testing the |
|
57 |
Product for up to thirty (30) days; after expiry of that term, you are |
|
58 |
no longer permitted to use the Product. Personal Use and/or Educational |
|
59 |
Use expressly exclude any use of the Product for commercial purposes or |
|
60 |
to operate, run, or act on behalf of or for the benefit of a business, |
|
61 |
organization, governmental organization, or educational institution. |
|
62 |
. |
|
63 |
Oracle reserves all rights not expressly granted in this license. |
|
64 |
. |
|
65 |
3 RESTRICTIONS AND RESERVATION OF RIGHTS. |
|
66 |
. |
|
67 |
(1) The Product and copies thereof provided to you under this Agreement |
|
68 |
are copyrighted and licensed, not sold, to you by Oracle. |
|
69 |
. |
|
70 |
(2) You may not do any of the following: (a) modify any part of the |
|
71 |
Product, except to the extent allowed in the documentation accompanying |
|
72 |
the Product; (b) rent, lease, lend, re-distribute, or encumber the |
|
73 |
Product; (c) remove or alter any proprietary legends or notices contained |
|
74 |
in the Product; or (d) decompile, or reverse engineer the Product |
|
75 |
(except to the extent permitted by applicable law). |
|
76 |
. |
|
77 |
(3) The Product is not designed, licensed or intended for use in the |
|
78 |
design, construction, operation or maintenance of any nuclear facility |
|
79 |
and Oracle and its licensors disclaim any express or implied warranty |
|
80 |
of fitness for such uses. |
|
81 |
. |
|
82 |
(4) No right, title or interest in or to any trademark, service mark, logo |
|
83 |
or trade name of Oracle or its licensors is granted under this Agreement. |
|
84 |
. |
|
85 |
4 TERMINATION. The Agreement is effective on the date you receive the |
| 95 |
86 |
Product and remains effective until terminated. Your rights under this |
| 96 |
|
Agreement will terminate immediately without notice from Oracle if you |
| 97 |
|
materially breach it or take any action in derogation of Oracle's and/or its |
| 98 |
|
licensors' rights to Product. Oracle may terminate this Agreement should any |
| 99 |
|
Product become, or in Oracle's reasonable opinion likely to become, the |
| 100 |
|
subject of a claim of intellectual property infringement or trade secret |
| 101 |
|
misappropriation. Upon termination, you will cease use of, and destroy, |
| 102 |
|
Product and confirm compliance in writing to Oracle. Sections 3-9, |
|
87 |
Agreement will terminate immediately without notice from Oracle if |
|
88 |
you materially breach it or take any action in derogation of Oracle's |
|
89 |
and/or its licensors' rights to the Product. Oracle may terminate this |
|
90 |
Agreement immediately should any part of the Product become or in Oracle's |
|
91 |
reasonable opinion likely to become the subject of a claim of intellectual |
|
92 |
property infringement or trade secret misappropriation. Upon termination, |
|
93 |
you will cease use of and destroy all copies of the Product under your |
|
94 |
control and confirm compliance in writing to Oracle. Sections 3-9, |
| 103 |
95 |
inclusive, will survive termination of the Agreement. |
| 104 |
96 |
. |
| 105 |
|
§ 5 Disclaimer of Warranty. TO THE EXTENT NOT PROHIBITED BY APPLICABLE LAW, |
| 106 |
|
ORACLE PROVIDES THE PRODUCT “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER |
| 107 |
|
EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES |
| 108 |
|
OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT, |
| 109 |
|
EXCEPT TO THE EXTENT THAT THESE DISCLAIMERS ARE HELD TO BE LEGALLY INVALID. |
| 110 |
|
The entire risk as to the quality and performance of the Product is with you. |
| 111 |
|
Should it prove defective, you assume the cost of all necessary servicing, |
| 112 |
|
repair, or correction. In addition, Oracle shall be allowed to provide updates |
| 113 |
|
to the Product in urgent cases. You are then obliged to install such updates. |
| 114 |
|
Such an urgent case includes, but is not limited to, a claim of rights to the |
| 115 |
|
Product by a third party. |
| 116 |
|
. |
| 117 |
|
§ 6 Limitation of Liability. TO THE EXTENT NOT PROHIBITED BY APPLICABLE LAW, |
|
97 |
5 DISCLAIMER OF WARRANTY. TO THE EXTENT NOT PROHIBITED BY APPLICABLE LAW, |
|
98 |
ORACLE PROVIDES THE PRODUCT "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER |
|
99 |
EXPRESS OR IMPLIED. WITHOUT LIMITING THE FOREGOING, ORACLE SPECIFICALLY |
|
100 |
DISCLAIMS ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A |
|
101 |
PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. The entire risk as |
|
102 |
to the quality and performance of the Product is with you. Should it |
|
103 |
prove defective, you assume the cost of all necessary servicing, repair, |
|
104 |
or correction. |
|
105 |
. |
|
106 |
6 LIMITATION OF LIABILITY. TO THE EXTENT NOT PROHIBITED BY APPLICABLE LAW, |
| 118 |
107 |
IN NO EVENT WILL ORACLE OR ITS LICENSORS BE LIABLE FOR ANY LOST REVENUE, |
| 119 |
|
PROFIT OR DATA, OR FOR SPECIAL, INDIRECT, CONSEQUENTIAL, INCIDENTAL OR |
| 120 |
|
PUNITIVE DAMAGES, HOWEVER CAUSED REGARDLESS OF THE THEORY OF LIABILITY, |
| 121 |
|
ARISING OUT OF OR RELATED TO THE USE OF OR INABILITY TO USE PRODUCT, EVEN IF |
| 122 |
|
ORACLE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. In no event will |
| 123 |
|
Oracle's liability to you, whether in contract, tort (including negligence), |
| 124 |
|
or otherwise, exceed the amount paid by you for Product under this Agreement. |
| 125 |
|
Some states do not allow the exclusion of incidental or consequential damages, |
| 126 |
|
so some of the terms above may not be applicable to you. |
| 127 |
|
. |
| 128 |
|
§ 7 Third Party Code. Portions of Product may be provided with notices and |
| 129 |
|
open source licenses from communities and third parties that govern the |
| 130 |
|
use of those portions, and any licenses granted hereunder do not alter any |
| 131 |
|
rights and obligations You may have under such open source licenses, however, |
| 132 |
|
the disclaimer of warranty and limitation of liability provisions in this |
| 133 |
|
Agreement will apply to all the Product. |
| 134 |
|
. |
| 135 |
|
§ 8 Export Regulations. All Product, documents, technical data, and any other |
| 136 |
|
materials delivered under this Agreement are subject to U.S. export control |
| 137 |
|
laws and may be subject to export or import regulations in other countries. |
| 138 |
|
You agree to comply strictly with these laws and regulations and acknowledge |
| 139 |
|
that you have the responsibility to obtain any licenses to export, re-export, |
| 140 |
|
or import as may be required after delivery to you. |
| 141 |
|
. |
| 142 |
|
§ 9 U.S. Government Restricted Rights. If Product is being acquired by or on |
| 143 |
|
behalf of the U.S. Government or by a U.S. Government prime contractor or |
| 144 |
|
subcontractor (at any tier), then the Government's rights in Product and |
| 145 |
|
accompanying documentation will be only as set forth in this Agreement; this |
| 146 |
|
is in accordance with 48 CFR 227.7201 through 227.7202-4 (for Department of |
| 147 |
|
Defense (DOD) acquisitions) and with 48 CFR 2.101 and 12.212 (for non-DOD |
| 148 |
|
acquisitions). |
| 149 |
|
. |
| 150 |
|
§ 10 Miscellaneous. This Agreement is the entire agreement between you and |
| 151 |
|
Oracle relating to its subject matter. It supersedes all prior or |
|
108 |
PROFIT, DATA, OR DATA USE, OR FOR SPECIAL, INDIRECT, CONSEQUENTIAL, |
|
109 |
INCIDENTAL OR PUNITIVE DAMAGES, HOWEVER CAUSED REGARDLESS OF THE THEORY |
|
110 |
OF LIABILITY, ARISING OUT OF OR RELATED TO THE USE OF OR INABILITY TO |
|
111 |
USE THE PRODUCT, EVEN IF ORACLE HAS BEEN ADVISED OF THE POSSIBILITY OF |
|
112 |
SUCH DAMAGES. In no event will Oracle's liability to you, whether in |
|
113 |
contract, tort (including negligence), or otherwise, exceed the amount |
|
114 |
paid by you for the Product under this Agreement. |
|
115 |
. |
|
116 |
7 SEPARATELY LICENSED THIRD PARTY TECHNOLOGY. The Product may contain |
|
117 |
or require the use of third party technology that is provided with |
|
118 |
the Product. Oracle may provide certain notices to you in the Product's |
|
119 |
documentation, readmes or notice files in connection with such third party |
|
120 |
technology. Third party technology will be licensed to you either under |
|
121 |
the terms of this Agreement or, if specified in the documentation, readmes |
|
122 |
or notice files, under Separate Terms. Your rights to use Separately |
|
123 |
Licensed Third Party Technology under Separate Terms are not restricted |
|
124 |
in any way by this Agreement. However, for clarity, notwithstanding the |
|
125 |
existence of a notice, third party technology that is not Separately |
|
126 |
Licensed Third Party Technology shall be deemed part of the Product and |
|
127 |
is licensed to You under the terms of this Agreement. "Separate Terms" |
|
128 |
refers to separate license terms that are specified in the Product's |
|
129 |
documentation, readmes or notice files and that apply to Separately |
|
130 |
Licensed Third Party Technology. "Separately Licensed Third Party |
|
131 |
Technology" refers to third party technology that is licensed under |
|
132 |
Separate Terms and not under the terms of this Agreement. |
|
133 |
. |
|
134 |
8 EXPORT. Export laws and regulations of the United States and any other |
|
135 |
relevant local export laws and regulations apply to the Product. You |
|
136 |
agree that such export laws govern your use of the Product (including |
|
137 |
technical data) provided under this Agreement, and you agree to comply |
|
138 |
with all such export laws and regulations (including "deemed export" and |
|
139 |
"deemed re-export" regulations). You agree that no data, information, |
|
140 |
and/or Product (or direct product thereof) will be exported, directly or |
|
141 |
indirectly, in violation of these laws, or will be used for any purpose |
|
142 |
prohibited by these laws including, without limitation, nuclear, chemical, |
|
143 |
or biological weapons proliferation, or development of missile technology. |
|
144 |
. |
|
145 |
9 U.S. GOVERNMENT END USERS. Oracle programs, including the Product, |
|
146 |
any operating system, integrated software, any programs installed on |
|
147 |
hardware, and/or documentation, delivered to U.S. Government end users |
|
148 |
are "commercial computer software" pursuant to the applicable Federal |
|
149 |
Acquisition Regulation and agency-specific supplemental regulations. As |
|
150 |
such, use, duplication, disclosure, modification, and adaptation of |
|
151 |
the programs, including any operating system, integrated software, |
|
152 |
any programs installed on the hardware, and/or documentation, shall |
|
153 |
be subject to license terms and license restrictions applicable to the |
|
154 |
programs. No other rights are granted to the U.S. Government. |
|
155 |
. |
|
156 |
10 MISCELLANEOUS. This Agreement is the entire agreement between you |
|
157 |
and Oracle relating to its subject matter. It supersedes all prior or |
| 152 |
158 |
contemporaneous oral or written communications, proposals, representations |
| 153 |
|
and warranties and prevails over any conflicting or additional terms of any |
| 154 |
|
quote, order, acknowledgment, or other communication between the parties |
| 155 |
|
relating to its subject matter during the term of this Agreement. No |
| 156 |
|
modification of this Agreement will be binding, unless in writing and signed |
| 157 |
|
by an authorized representative of each party. If any provision of this |
| 158 |
|
Agreement is held to be unenforceable, this Agreement will remain in effect |
| 159 |
|
with the provision omitted, unless omission would frustrate the intent of the |
| 160 |
|
parties, in which case this Agreement will immediately terminate. Course of |
| 161 |
|
dealing and other standard business conditions of the parties or the industry |
| 162 |
|
shall not apply. This Agreement is governed by the substantive and procedural |
| 163 |
|
laws of California and you and Oracle agree to submit to the exclusive |
| 164 |
|
jurisdiction of, and venue in, the courts in San Francisco, San Mateo, or |
| 165 |
|
Santa Clara counties in California in any dispute arising out of or relating |
| 166 |
|
to this Agreement. |
| 167 |
159 |
No newline at end of file |
|
160 |
and warranties and prevails over any conflicting or additional terms |
|
161 |
of any quote, order, acknowledgment, or other communication between |
|
162 |
the parties relating to its subject matter during the term of this |
|
163 |
Agreement. No modification of this Agreement will be binding, unless in |
|
164 |
writing and signed by an authorized representative of each party. If any |
|
165 |
provision of this Agreement is held to be unenforceable, this Agreement |
|
166 |
will remain in effect with the provision omitted, unless omission would |
|
167 |
frustrate the intent of the parties, in which case this Agreement will |
|
168 |
immediately terminate. This Agreement is governed by the laws of the |
|
169 |
State of California, USA, and you and Oracle agree to submit to the |
|
170 |
exclusive jurisdiction of, and venue in, the courts of San Francisco |
|
171 |
or Santa Clara counties in California in any dispute arising out of or |