2017-08-02 17:33:49 +08:00
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VirtualBox Personal Use and Evaluation License (PUEL)
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License version 9, 17 November 2016
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ORACLE AMERICA, INC. ("ORACLE") IS WILLING TO LICENSE THE PRODUCT DEFINED
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IN SECTION 1 BELOW ONLY ON THE CONDITION THAT YOU ACCEPT ALL OF THE TERMS
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CONTAINED IN THIS VIRTUALBOX PERSONAL USE AND EVALUATION LICENSE AGREEMENT
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("AGREEMENT").
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IF YOU ARE AGREEING TO THIS LICENSE ON BEHALF OF AN ENTITY (RATHER THAN
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AS AN INDIVIDUAL HUMAN BEING), YOU REPRESENT THAT YOU HAVE THE APPROPRIATE
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AUTHORITY TO ACCEPT THESE TERMS AND CONDITIONS ON BEHALF OF SUCH ENTITY.
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1 SUBJECT OF AGREEMENT. This Agreement governs your use of the binary
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software package called "Oracle VM VirtualBox Extension Pack" (the
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"Product"), which contains a set of Enterprise Features for "Oracle VM
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VirtualBox" that allows multiple virtual computers ("Guest Computers")
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to exist on a single physical computer ("Host Computer"). The Product
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consists of executable files in machine code, data files, and all
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documentation and updates provided to You by Oracle.
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2 GRANT OF LICENSE. Oracle grants you a personal, non-exclusive,
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non-transferable, limited license without fees to reproduce, install,
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execute, and use internally the Product on Host Computers for your
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Personal Use, Educational Use, or Evaluation. "Personal Use" is use
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solely by the person downloading the Product from Oracle on a single
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Host Computer, provided that no more than one client or remote computer
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is connected to that Host Computer and that client or remote computer
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is used solely to remotely view the Guest Computers. "Educational Use"
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is any use by teachers or students in an academic institution (schools,
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colleges and universities) as part of the institutions educational
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curriculum. "Evaluation" means testing the Product for up to thirty
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(30) days; after expiry of that term, you are no longer permitted to
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use the Product.
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All rights not expressly licensed by Oracle are hereby reserved.
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3 RESTRICTIONS AND RESERVATION OF RIGHTS. (1) The Product and copies
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thereof provided to you under this Agreement are copyrighted and licensed,
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not sold, to you by Oracle.
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(2) You may not do any of the following: (a) modify any part of the
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Product, except to the extent allowed in the documentation accompanying
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the Product; (b) rent, lease, lend or encumber the Product; (c) remove
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or alter any proprietary legends or notices contained in the Product;
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or (d) decompile, or reverse engineer the Product (except to the extent
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permitted by applicable law).
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(3) The Product is not designed, licensed or intended for use in the
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design, construction, operation or maintenance of any nuclear facility
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and Oracle and its licensors disclaim any express or implied warranty
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of fitness for such uses.
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(4) No right, title or interest in or to any trademark, service mark, logo
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or trade name of Oracle or its licensors is granted under this Agreement.
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4 TERMINATION. The Agreement is effective on the date you receive the
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Product and remains effective until terminated. Your rights under this
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Agreement will terminate immediately without notice from Oracle if
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you materially breach it or take any action in derogation of Oracle's
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and/or its licensors' rights to Product. Oracle may terminate this
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Agreement should any part of the Product become or in Oracle's reasonable
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opinion likely to become the subject of a claim of intellectual property
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infringement or trade secret misappropriation. Upon termination, you will
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cease use of and destroy all copies of the Product under your control
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and confirm compliance in writing to Oracle. Sections 3-9, inclusive,
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will survive termination of the Agreement.
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5 DISCLAIMER OF WARRANTY. TO THE EXTENT NOT PROHIBITED BY APPLICABLE
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LAW, ORACLE PROVIDES THE PRODUCT "AS IS" WITHOUT WARRANTY OF ANY KIND,
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EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED
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WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR
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NON-INFRINGEMENT, EXCEPT TO THE EXTENT THAT THESE DISCLAIMERS ARE HELD TO
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BE LEGALLY INVALID. The entire risk as to the quality and performance of
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the Product is with you. Should it prove defective, you assume the cost
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of all necessary servicing, repair, or correction. In addition, Oracle
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shall be allowed to provide updates to the Product in urgent cases. You
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are then obliged to install such updates. Such an urgent case includes,
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but is not limited to, a claim of rights to the Product by a third party.
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6 LIMITATION OF LIABILITY. TO THE EXTENT NOT PROHIBITED BY APPLICABLE LAW,
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IN NO EVENT WILL ORACLE OR ITS LICENSORS BE LIABLE FOR ANY LOST REVENUE,
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PROFIT OR DATA, OR FOR SPECIAL, INDIRECT, CONSEQUENTIAL, INCIDENTAL OR
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PUNITIVE DAMAGES, HOWEVER CAUSED REGARDLESS OF THE THEORY OF LIABILITY,
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ARISING OUT OF OR RELATED TO THE USE OF OR INABILITY TO USE PRODUCT,
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EVEN IF ORACLE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. In
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no event will Oracle's liability to you, whether in contract, tort
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(including negligence), or otherwise, exceed the amount paid by you for
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Product under this Agreement. Some states do not allow the exclusion of
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incidental or consequential damages, so some of the terms above may not
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be applicable to you.
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7 THIRD PARTY CODE. Portions of Product may be provided with notices and
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open source licenses from communities and third parties that govern the
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use of those portions, and any licenses granted hereunder do not alter
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any rights and obligations You may have under such open source licenses,
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however, the disclaimer of warranty and limitation of liability provisions
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in this Agreement will apply to all of the Product.
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8 EXPORT REGULATIONS. All Product, documents, technical data, and any
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other materials delivered under this Agreement are subject to U.S. export
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control laws and may be subject to export or import regulations in other
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countries. You agree to comply strictly with these laws and regulations
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and acknowledge that you have the responsibility to obtain any licenses
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to export, re-export, or import as may be required after delivery to you.
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9 U.S. GOVERNMENT END USERS. If the Product or related documentation is
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delivered to the U.S. Government or anyone licensing it on behalf of the
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U.S. Government, then the following notice applies: Oracle programs,
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including any operating system, integrated software, any programs
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installed on hardware, and/or documentation, delivered to U.S. Government
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end users are "commercial computer software" pursuant to the applicable
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Federal Acquisition Regulation and agency-specific supplemental
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regulations. As such, use, duplication, disclosure, modification, and
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adaptation of the programs, including any operating system, integrated
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software, any programs installed on the hardware, and/or documentation,
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shall be subject to license terms and license restrictions applicable
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to the programs. No other rights are granted to the U.S. Government.
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10 MISCELLANEOUS. This Agreement is the entire agreement between you
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and Oracle relating to its subject matter. It supersedes all prior or
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contemporaneous oral or written communications, proposals, representations
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and warranties and prevails over any conflicting or additional terms
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of any quote, order, acknowledgment, or other communication between
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the parties relating to its subject matter during the term of this
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Agreement. No modification of this Agreement will be binding, unless in
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writing and signed by an authorized representative of each party. If any
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provision of this Agreement is held to be unenforceable, this Agreement
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will remain in effect with the provision omitted, unless omission would
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frustrate the intent of the parties, in which case this Agreement will
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immediately terminate. Course of dealing and other standard business
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conditions of the parties or the industry shall not apply. This Agreement
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is governed by the substantive and procedural laws of the State of
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California, USA, and you and Oracle agree to submit to the exclusive
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jurisdiction of, and venue in, the courts of San Francisco or Santa
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Clara counties in California in any dispute arising out of or relating
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to this Agreement.
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