| 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/products/export). |
| |
| 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 USA, 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 |
| for purposes of developing your applications. You may also distribute the |
| programs with your applications to your customers. 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 of the programs. Program documentation is either shipped |
| with the programs, or documentation may accessed online at |
| http://otn.oracle.com/docs. |
| |
| 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; or, |
| - use any Oracle name, trademark or logo. |
| |
| 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/products/export/index.html?content.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 USA, 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: 03/09/05 |
| |
| Should you have any questions concerning this License Agreement, or if you |
| desire to contact Oracle for any reason, please write: |
| Oracle USA, 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. |