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.
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