Oracle Technology Network License Agreement
Oracle is willing to authorize Your access to software associated with this
License Agreement (“Agreement”) only upon the condition that You accept
that this Agreement governs Your use of the software. By selecting the “Accept
License Agreement” button or box (or the equivalent) or installing or using
the Programs You indicate Your acceptance of this Agreement and Your agreement,
as an authorized representative of Your company or organization (if being acquired
for use by an entity) or as an individual, to comply with the license terms
that apply to the software that You wish to download and access. If You are
not willing to be bound by this Agreement, do not select the “Accept License
Agreement” button or box (or the equivalent) and do not download or access
the software.
Definitions
"Oracle" refers to Oracle America, Inc. "You" and "Your" refers to (a) a company
or organization (each an “Entity”) accessing the Programs, if use of the
Programs will be on behalf of such Entity; or (b) an individual accessing the
Programs, if use of the Programs will not be on behalf of an Entity. “Contractors”
refers to Your agents and contractors (including, without limitation, outsourcers).
"Program(s)" refers to Oracle software provided by Oracle pursuant to this Agreement
and any updates, error corrections, and/or Program Documentation provided by
Oracle. “Program Documentation” refers to Program user manuals and Program
installation manuals, if any. If available, Program Documentation may be delivered
with the Programs and/or may be accessed from http://docs.oracle.com/en/. “Associated
Product” refers to the Oracle product(s), if any, and as identified in the
Programs documentation or on the Programs download site, with which the Programs
are intended to enable or enhance interoperation with Your application(s). “Separate
Terms” refers to separate license terms that are specified in the Program
Documentation, readmes or notice files and that apply to Separately Licensed
Third Party Technology. “Separately Licensed Third Party Technology” refers
to third party technology that is licensed under Separate Terms and not under
the terms of this Agreement.
License Rights and Restrictions
Oracle grants You a nonexclusive, nontransferable, limited license to, subject
to the restrictions stated in this Agreement, (a) internally use the Programs
solely for the purposes of developing, testing, prototyping and demonstrating
Your applications, and running the Programs for Your own internal business operations;
and (b) redistribute unmodified Programs and Programs Documentation pursuant
to the Programs Redistribution section below. You may allow Your Contractor(s)
to use the Programs, provided they are acting on Your behalf to exercise license
rights granted in this Agreement and further provided that You are responsible
for their compliance with this Agreement in such use. You will have a written
agreement with Your Contractor(s) that strictly limits their right to use the
Programs and that otherwise protects Oracle’s intellectual property rights
to the same extent as this Agreement. You may make copies of the Programs to
the extent reasonably necessary to exercise the license rights granted in this
Agreement. You may make one copy of the Programs for backup purposes.
Further, You may not:
remove or modify any Program markings or any notice of Oracle’s or a licensor’s
proprietary rights;
use the Programs to provide third party training unless Oracle expressly authorizes
such use on the Program’s download page;
assign this Agreement or distribute, give, or transfer the Programs or an interest
in them to any third party, except as expressly permitted in this Agreement
(the foregoing shall not be construed to limit the rights You may otherwise
have with respect to Separately Licensed Third Party Technology);
cause or permit reverse engineering (unless required by law for interoperability),
disassembly or decompilation of the Programs; and
disclose results of any Program benchmark tests without Oracle’s prior consent.
The Programs may contain source code that, unless expressly licensed in this
Agreement for other purposes (for example, licensed under an open source license),
is provided solely for reference purposes pursuant to the terms of this Agreement
and may not be modified.
All rights not expressly granted in this Agreement are reserved by Oracle. If
You want to use the Programs or Your application for any purpose other than
as expressly permitted under this Agreement, You must obtain from Oracle or
an Oracle reseller a valid Programs license under a separate agreement permitting
such use. However, You acknowledge that the Programs may not be intended for
production use and/or Oracle may not make a version of the Programs available
for production or other purposes; any development or other work You undertake
with the Programs is at Your sole risk.
Programs Redistribution
We grant You a nonexclusive, nontransferable right to copy and distribute unmodified
Programs and Programs Documentation as part of and included in Your application
that is intended to interoperate with the Associated Product, if any, provided
that You do not charge Your end users any additional fees for the use of the
Programs. Prior to distributing the Programs and Programs Documentation, You
shall require Your end users to execute an agreement binding them to terms,
with respect to the Programs and Programs Documentation, materially consistent
and no less restrictive than those contained in this section and the sections
of this Agreement entitled “License Rights and Restrictions” (except that
the redistribution right granted to You shall not be included; Your end users
may not distribute Programs and Programs Documentation to any third parties),
"Ownership," "Export Controls," "Disclaimer of Warranties; Limitation of Liability,"
"No Technical Support" (with respect to Oracle support; You may provide Your
own support for Programs at Your discretion), "Audit; Termination (except that
Oracle’s audit right shall not be included)," "Relationship Between the Parties,"
and “U.S. Government End Users.” You must also include a provision stating
that Your end users shall have no right to distribute the Programs and Programs
Documentation, 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 and Programs Documentation in breach of
this Agreement 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.
Ownership
Oracle or its licensors retain all ownership and intellectual property rights
to the Programs.
Third-Party Technology
The Programs may contain or require the use of third party technology that is
provided with the Programs. Oracle may provide certain notices to You in Program
Documentation, readmes or notice files in connection with such third party technology.
Third party technology will be licensed to You either under the terms of this
Agreement or, if specified in the Program Documentation, readmes or notice files,
under Separate Terms. Your rights to use Separately Licensed Third Party Technology
under Separate Terms are not restricted in any way by this Agreement. However,
for clarity, notwithstanding the existence of a notice, third party technology
that is not Separately Licensed Third Party Technology shall be deemed part
of the Programs and is licensed to You under the terms of this Agreement.
Source Code for Open Source Software
For software that You receive from Oracle in binary form that is licensed under
an open source license that gives You the right to receive the source code for
that binary, You can obtain a copy of the applicable source code from https://oss.oracle.com/sources/
or http://www.oracle.com/goto/opensourcecode. If the source code for such software
was not provided to You with the binary, You can also receive a copy of the
source code on physical media by submitting a written request pursuant to the
instructions in the "Written Offer for Source Code" section of the latter website.
Export Controls
Export laws and regulations of the United States and any other relevant local
export laws and regulations apply to the Programs . You agree that such export
control laws govern Your use of the Programs (including technical data) and
any services deliverables provided under this agreement, and You agree to comply
with all such export laws and regulations (including "deemed export" and "deemed
re-export" regulations). You agree that no data, information, program and/or
materials resulting from Programs or services (or direct products 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, or development of missile
technology. Accordingly, You confirm:
You will not download, provide, make available or otherwise export or re-export
the Programs, directly or indirectly, to countries prohibited by applicable
laws and regulations 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 and Blocked Persons, 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 applicable law, including, without limitation,
for the development, design, manufacture or production of nuclear, chemical
or biological weapons of mass destruction.
Information Collection
The Programs’ installation and/or auto-update processes, if any, may transmit
a limited amount of data to Oracle or its service provider about those processes
to help Oracle understand and optimize them. Oracle does not associate the data
with personally identifiable information. Refer to Oracle’s Privacy Policy
at http://www.oracle.com/legal/privacy/privacy-policy.html.
Disclaimer of Warranties; Limitation of Liability
THE PROGRAMS ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND. ORACLE FURTHER
DISCLAIMS ALL WARRANTIES, EXPRESS AND IMPLIED, INCLUDING WITHOUT LIMITATION,
ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE,
OR NONINFRINGEMENT .
IN NO EVENT WILL ORACLE 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 ORACLE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. ORACLE’S
ENTIRE LIABILITY FOR DAMAGES UNDER THIS AGREEMENT SHALL IN NO EVENT EXCEED ONE
THOUSAND DOLLARS (U.S. $1,000) .
No Technical Support
Unless Oracle support for the Programs, if any, is expressly included in a separate,
current support agreement between You and Oracle, Oracle’s technical support
organization will not provide technical support, phone support, or updates to
You for the Programs provided under this Agreement.
Audit; Termination
Oracle may audit Your use of the Programs. You may terminate this Agreement
by destroying all copies of the Programs. This Agreement shall automatically
terminate without notice if You fail to comply with any of the terms of this
Agreement, in which case You shall promptly destroy all copies of the Programs.
U.S. Government End Users
Programs and/or Programs Documentation delivered to U.S. Government end users
are “commercial computer software” pursuant to the applicable Federal Acquisition
Regulation and agency-specific supplemental regulations. As such, use, duplication,
disclosure, modification, and adaptation of the Programs and/or Programs Documentation
shall be subject to the license terms and license restrictions set forth in
this Agreement. No other rights are granted to the U.S. Government.
Relationship Between the Parties
Oracle is an independent contractor and we agree that no partnership, joint
venture, or agency relationship exists between us. We each will be responsible
for paying our own employees, including employment related taxes and insurance..
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.
Entire Agreement; Governing Law
You agree that this Agreement is the complete agreement for the Programs and
this Agreement supersedes all prior or contemporaneous agreements or representations,
including any clickwrap, shrinkwrap or similar licenses, or license agreements
for prior versions of the Programs. This Agreement may not be modified and the
rights and restrictions may not be altered or waived except in a writing signed
by authorized representatives of You and of Oracle. If any term of this Agreement
is found to be invalid or unenforceable, the remaining provisions will remain
effective.
This Agreement is governed by the substantive and procedural laws of the State
of California, USA, and You and Oracle agree to submit to the exclusive jurisdiction
of, and venue in, the courts of San Francisco or Santa Clara counties in California
in any dispute arising out of or relating to this Agreement.
Notices
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 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.
Last updated: 30 November 2016