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-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.