VirtualBox Personal Use and Evaluation License (PUEL)
License version 9, 17 November 2016
ORACLE 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”).
IF 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.
§ 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.
§ 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.
All rights not expressly licensed by Oracle are hereby reserved.
§ 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.
(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).
(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 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.
§ 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 of 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 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.
§ 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.