VirtualBox Personal Use and Evaluation License (PUEL)

License version 1.5, April 18, 2008

Sun Microsystems, Inc. (“Sun”) grants you the right to use the software product as defined in § 1 according to the following provisions. If you do not agree to all conditions set forth by this license, you may not use the product, because only Sun as the product’s owner can give you permission to use it.

§ 1 Subject of license. “Product”, as referred to in this License, shall be the binary software package “VirtualBox”, which 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 Windows 2000/XP and Linux operating systems as well as other data files as required by the executable files at run-time and documentation in electronic form.

§ 2 Grant of license. (1) Sun grants you a personal right to install and execute the Product on a Host Computer for  Personal Use or Educational Use or for 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 Reservation of rights. Any use beyond the provisions of § 2 is prohibited. 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 it or Sun grants you additional rights of use in a separate license in writing.

§ 4 Termination. This License shall be valid infinitely. Sun may terminate the License only for material causes. In particular, such a material cause can be a violation of the usage terms or a breach of other essential duties from this contract. After termination, you are required to delete and destroy all remaining copies of the Product. This includes, but is not limited to, installed copies and backups.

§ 5 No warranties. Since you have not paid for the use of the Product, there is no warranty for it, to the extent permitted 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 and fitness for a particular purpose. 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 Miscellaneous. There are no license terms beyond the written ones in this agreement. Amendments of, additions to and the joint revocation of this agreement shall require the written form. The same shall apply to the preceding written form requirement. Standard business conditions of the parties 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 California law and controlling U.S. federal law. No choice of law rules of any jurisdiction will apply.