Oracle Technology Network Development and Distribution License Terms
Export Controls on the Programs
Selecting the "Accept License Agreement" button
is a confirmation of your agreement that you comply, now and during the
trial term, with each of the following statements:
-You are not a citizen, national, or resident
of, and are not under control of, the government of Cuba, Iran, Sudan,
Libya, North Korea, Syria, nor any country to which the United States
has prohibited export.
-You will not download or otherwise export or
re-export the Programs, directly or indirectly, to the above mentioned
countries nor to citizens, nationals or residents of those countries.
-You are not listed on the United States
Department of Treasury lists of Specially Designated Nationals,
Specially Designated Terrorists, and Specially Designated Narcotic
Traffickers, nor are you listed on the United States Department of
Commerce Table of Denial Orders.
You will not download or otherwise export or
re-export the Programs, directly or indirectly, to persons on the above
mentioned lists.
You will not use the Programs for, and will not
allow the Programs to be used for, any purposes prohibited by United
States law, including, without limitation, for the development, design,
manufacture or production of nuclear, chemical or biological weapons of
mass destruction.
EXPORT RESTRICTIONS
You agree that U.S. export control laws and
other applicable export and import laws govern your use of the programs,
including technical data; additional information can be found on
Oracle®'s Global Trade Compliance web site
(http://www.oracle.com/us/products/export/index.html).
You agree that neither the programs nor any
direct product thereof will be exported, directly, or indirectly, in
violation of these laws, or will be used for any purpose prohibited by
these laws including, without limitation, nuclear, chemical, or
biological weapons proliferation.
Oracle Employees: Under no circumstances are
Oracle Employees authorized to download software for the purpose of
distributing it to customers. Oracle products are available to employees
for internal use or demonstration purposes only. In keeping with
Oracle's trade compliance obligations under U.S. and applicable
multilateral law, failure to comply with this policy could result in
disciplinary action up to and including termination.
Note: You are bound by the
Oracle Technology Network ("OTN") License Agreement terms. The OTN
License Agreement terms also apply to all updates you receive under your
Technology Track subscription.
The OTN License Agreement terms below supercede
any shrinkwrap license on the OTN Technology Track software CDs and
previous OTN License terms (including the Oracle Program License as
modified by the OTN Program Use Certificate).
Oracle Technology Network Development and Distribution License Agreement
"We," "us," and "our" refers to Oracle America,
Inc., for and on behalf of itself and its subsidiaries and affiliates
under common control. "You" and "your" refers to the individual or
entity that wishes to use the programs from Oracle. "Programs" refers to
the software product you wish to download and use and program
documentation. "License" refers to your right to use the programs under
the terms of this agreement. This agreement is governed by the
substantive and procedural laws of California. You and Oracle agree to
submit to the exclusive jurisdiction of, and venue in, the courts of San
Francisco, San Mateo, or Santa Clara counties in California in any
dispute arising out of or relating to this agreement.
We are willing to license the programs to you
only upon the condition that you accept all of the terms contained in
this agreement. Read the terms carefully and select the "Accept" button
at the bottom of the page to confirm your acceptance. If you are not
willing to be bound by these terms, select the "Do Not Accept" button
and the registration process will not continue.
License Rights
We grant you a nonexclusive, nontransferable
limited license to use the programs: (a) for purposes of developing,
testing, prototyping and
running applications you have developed for your own internal data
processing operations; (b) to distribute the programs with applications
you have developed to your
customers provided that each such licensee agrees to license terms
consistent with the terms of this Agreement,
you do not charge your end users any additional fees for
the use of the programs, and your end users may only use the programs
to run your applications for
their own business operations; and (c) to use the programs to provide
third party demonstrations and training. You are not
permitted to use the programs for any purpose
other than as permitted under this Agreement. If you want to use the
programs for any purpose
other than as expressly permitted under this agreement you must contact
us, or an Oracle reseller, to obtain the appropriate license. We may
audit your use and distribution
of the programs. Program documentation is either shipped with the
programs, or documentation may accessed
online at
http://www.oracle.com/technetwork/indexes/documentation/index.html.
Ownership and Restrictions
We retain all ownership and intellectual
property rights in the programs. You may make a sufficient number of
copies of the programs for the licensed use and one copy of the programs
for backup purposes.
You may not:
- use the programs for any purpose other than as provided above;
- distribute the programs unless accompanied with your applications;
- charge your end users for use of the programs;
- remove or modify any program markings or any notice of our proprietary rights;
- use the programs to provide third party
training on the content and/or functionality of the programs, except for
training your licensed users;
- assign this agreement or give the programs,
program access or an interest in the programs to any individual or
entity except as provided under this agreement;
- cause or permit reverse engineering (unless
required by law for interoperability), disassembly or decompilation of
the programs;
- disclose results of any program benchmark tests without our prior consent.
Program Distribution
We grant you a nonexclusive, nontransferable
right to copy and distribute the programs to your end users provided
that you do not charge your end users for use of the programs and
provided your end users may only use the programs to run your
applications for their business operations. Prior to distributing the
programs you shall require your end users to execute an agreement
binding them to terms consistent with those contained in this section
and the sections of this agreement entitled "License Rights," "Ownership
and Restrictions," "Export," "Disclaimer of Warranties and Exclusive
Remedies," "No Technical Support," "End of Agreement," "Relationship
Between the Parties," and "Open Source." You must also include a
provision stating that your end users shall have no right to distribute
the programs, and a provision specifying us as a third party beneficiary
of the agreement. You are responsible for obtaining these agreements
with your end users.
You agree to: (a) defend and indemnify us
against all claims and damages caused by your distribution of the
programs in breach of this agreements and/or failure to include the
required contractual provisions in your end user agreement as stated
above; (b) keep executed end user agreements and records of end user
information including name, address, date of distribution and identity
of programs distributed; (c) allow us to inspect your end user
agreements and records upon request; and, (d) enforce the terms of your
end user agreements so as to effect a timely cure of any end user
breach, and to notify us of any breach of the terms.
Export
You agree that U.S. export control laws and
other applicable export and import laws govern your use of the programs,
including technical data; additional information can be found on
Oracle's Global Trade Compliance web site located at
http://www.oracle.com/us/products/export/index.html. You agree that
neither the programs nor any direct product thereof will be exported,
directly, or indirectly, in violation of these laws, or will be used for
any purpose prohibited by these laws including, without limitation,
nuclear, chemical, or biological weapons proliferation.
Disclaimer of Warranty and Exclusive Remedies
THE PROGRAMS ARE PROVIDED "AS IS" WITHOUT
WARRANTY OF ANY KIND. WE FURTHER DISCLAIM ALL WARRANTIES, EXPRESS AND
IMPLIED, INCLUDING WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NONINFRINGEMENT.
IN NO EVENT SHALL WE BE LIABLE FOR ANY
INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES, OR
DAMAGES FOR LOSS OF PROFITS, REVENUE, DATA OR DATA USE, INCURRED BY YOU
OR ANY THIRD PARTY, WHETHER IN AN ACTION IN CONTRACT OR TORT, EVEN IF WE
HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. OUR ENTIRE
LIABILITY FOR DAMAGES HEREUNDER SHALL IN NO EVENT EXCEED ONE THOUSAND
DOLLARS (U.S. $1,000).
No Technical Support
Our technical support organization will not
provide technical support, phone support, or updates to you for the
programs licensed under this agreement.
Restricted Rights
If you distribute a license to the United States
government, the programs, including documentation, shall be considered
commercial computer software and you will place a legend, in addition to
applicable copyright notices, on the documentation, and on the media
label, substantially similar to the following:
NOTICE OF RESTRICTED RIGHTS
"Programs delivered subject to the DOD FAR
Supplement are 'commercial computer software' and use, duplication, and
disclosure of the programs, including documentation, shall be subject to
the licensing restrictions set forth in the applicable Oracle license
agreement. Otherwise, programs delivered subject to the Federal
Acquisition Regulations are 'restricted computer software' and use,
duplication, and disclosure of the programs, including documentation,
shall be subject to the restrictions in FAR 52.227-19, Commercial
Computer Software-Restricted Rights (June 1987). Oracle America, Inc.,
500 Oracle Parkway, Redwood City, CA 94065."
End of Agreement
You may terminate this agreement by destroying
all copies of the programs. We have the right to terminate your right to
use the programs if you fail to comply with any of the terms of this
agreement, in which case you shall destroy all copies of the programs.
Relationship Between the Parties
The relationship between you and us is that of
licensee/licensor. Neither party will represent that it has any
authority to assume or create any obligation, express or implied, on
behalf of the other party, nor to represent the other party as agent,
employee, franchisee, or in any other capacity. Nothing in this
agreement shall be construed to limit either party's right to
independently develop or distribute software that is functionally
similar to the other party's products, so long as proprietary
information of the other party is not included in such software.
Open Source
"Open Source" software - software available
without charge for use, modification and distribution - is often
licensed under terms that require the user to make the user's
modifications to the Open Source software or any software that the user
'combines' with the Open Source software freely available in source code
form. If you use Open Source software in conjunction with the programs,
you must ensure that your use does not: (i) create, or purport to
create, obligations of us with respect to the Oracle programs; or (ii)
grant, or purport to grant, to any third party any rights to or
immunities under our intellectual property or proprietary rights in the
Oracle programs. For example, you may not develop a software program
using an Oracle program and an Open Source program where such use
results in a program file(s) that contains code from both the Oracle
program and the Open Source program (including without limitation
libraries) if the Open Source program is licensed under a license that
requires any "modifications" be made freely available. You also may not
combine the Oracle program with programs licensed under the GNU General
Public License ("GPL") in any manner that could cause, or could be
interpreted or asserted to cause, the Oracle program or any
modifications thereto to become subject to the terms of the GPL.
Entire Agreement
You agree that this agreement is the complete
agreement for the programs and licenses, and this agreement supersedes
all prior or contemporaneous agreements or representations. If any term
of this agreement is found to be invalid or unenforceable, the remaining
provisions will remain effective.
Last updated: 01/24/09
Should you have any questions concerning this
License Agreement, or if you desire to contact Oracle for any reason,
please write:
Oracle America, Inc.
500 Oracle Parkway,
Redwood City, CA 94065
Oracle may contact you to ask if you had a
satisfactory experience installing and using this OTN software download. |