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authorx-drum <x-drum@localhost>2008-11-25 18:37:26 +0000
committerx-drum <x-drum@localhost>2008-11-25 18:37:26 +0000
commit05b9234ad8fd44e536a764e9054dcdd27951dcfa (patch)
treed7d290961db4d230b83471b92aead6cc12444572 /licenses
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update PUEL license
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+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.