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PLEASE SCROLL DOWN AND READ ALL OF THE FOLLOWING TERMS OF USE CAREFULLY. THIS IS A LEGAL AGREEMENT ("AGREEMENT") BETWEEN YOU AND ORACLE USA, INC. STATING THE TERMS THAT GOVERN YOUR USE OF THE ORACLE BEEHIVE ONLINE TRIAL. BY CLICKING "I ACCEPT" OR BY USING THE ORACLE BEEHIVE ONLINE TRIAL, YOU ARE AGREEING TO ALL OF THE TERMS AND CONDITIONS STATED HEREIN. IF YOU DO NOT AGREE TO THESE TERMS, DO NOT CLICK "AGREE", AND DO NOT USE THE ORACLE BEEHIVE ONLINE TRIAL.
By accessing or using the Oracle Beehive Online Trial (the "Beehive Trial" or "Trial"), you agree to follow and be bound by the following terms and conditions of this Agreement as well as Oracle's Privacy Policy. Oracle may revise the Privacy Policy at any time without notice to you.
"We," "us," "our," and "Oracle" 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 Beehive Trial and that has agreed to use the Trial in accordance with this Agreement. As used in this Agreement, the terms "Beehive Trial" and "Trial" also include any Oracle program, including Oracle's Beehive product, that you may access or use within the Trial environment. "Beehive Materials" refers to any materials developed by, or on behalf of, Oracle relating to, and delivered to you in connection with, the Beehive Trial.
This Agreement is governed by and construed in accordance with the substantive and procedural laws of the United States and the State of California, except that body of California law concerning conflicts of law. 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. The United Nations Convention on Contracts for the International Sale of Goods and the Uniform Computer Information Transactions Act do not apply to this Agreement.
RIGHT TO USE AND RESTRICTIONS
For the duration of the Trial Period, Oracle grants to you the nontransferable, nonexclusive, revocable, worldwide, limited right to use, subject to the terms of this Agreement and solely for your own internal purposes to evaluate the Beehive Trial and not for any production or commercial purposes, (a) the Beehive Trial, and (b) the Beehive Materials.
The rights granted to you in this Agreement are subject to all of the following agreements and restrictions: (i) you shall not license, sell, rent, lease, transfer, assign, distribute, display, outsource, disclose, permit timesharing or service bureau, or otherwise commercially exploit or make available to any third party, the Beehive Trial or the Beehive Materials; (ii) you shall not use the Beehive Trial to provide or attend third party training on the content and/or functionality of the Trial or related Oracle programs; (iii) you shall not modify, make derivative works of, disassemble, reverse compile, or reverse engineer any part of the Beehive Trial or Beehive Materials or access or use the Beehive Trial or Beehive Materials in order to build or support, and/or assist a third party in building or supporting, products or services competitive to Oracle; (iv) except as expressly stated herein, no part of the Beehive Trial or Beehive Materials may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means, including but not limited to electronic, mechanical, photocopying, recording, or other means; (v) you shall not disclose any review of the Beehive Trial, including but not limited to the results of any performance tests, to any third party without Oracle's prior written approval; (vi) you agree to make every reasonable effort to prevent unauthorized third parties from accessing or using the Beehive Trial; and (vii) you acknowledge and agree that Oracle or its licensors retain all ownership and intellectual property rights (including all derivatives or improvements thereof) in and to the Beehive Trial and the Beehive Materials and any suggestions, enhancement requests, Feedback, recommendations or other information provided by you or any other party relating to the Trial or Beehive Materials.
You agree not to use or permit use of the Beehive Trial, including by uploading, emailing, posting, publishing or otherwise transmitting any material, including Content, for any purpose that may (a) menace or harass any person or cause damage or injury to any person or property, (b) involve the publication of any material that is false, defamatory, harassing or obscene, (c) violate privacy rights or promote bigotry, racism, hatred or harm, (d) constitute unsolicited bulk e-mail, "junk mail", "spam" or chain letters; (e) constitute an infringement of intellectual property or other proprietary rights, or (f) otherwise violate applicable laws, ordinances or regulations. In addition to any other rights afforded under the Agreement, Oracle reserves the right to remove or disable access to any material that violates the foregoing restrictions. Oracle shall have no liability to you in the event that Oracle takes such action.
We may monitor your use of the Beehive Trial. You agree to defend and indemnify Oracle against any claim arising out of a violation of your obligations under this section.
TRIAL PERIOD AND END OF USE
The Trial Period will be thirty (30) days from the effective date of this Agreement unless earlier terminated. At the end of the Trial Period, your usage rights shall terminate. You agree that Oracle may, in its sole discretion, with or without notice, discontinue providing you with access to and use of the Beehive Trial, including and any account(s) you may have to the Trial and all Content uploaded by you, for any reason, including your failure to comply with any of the terms of this Agreement. You agree that Oracle shall not be liable to you or any third party for any end of your access to or use of the Beehive Trial.
ELIGIBILITY RESTRICTIONS
You acknowledge and agree that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a "terrorist supporting" country, (ii) you are not a citizen, national or resident of, and am not under the control of, the government of: Cuba, Iran, Sudan, North Korea, Syria, nor any other country to which the United States has prohibited export, (iii) you will not download or otherwise export or re-export the Beehive Trial or any related Oracle program, directly or indirectly, neither to the above-mentioned countries nor to citizens, nationals or residents of those countries, (iv) 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 on the United States Department of Commerce Table of Denial Orders or any other U.S. government list of prohibited or restricted parties, and (v) you will not download or otherwise export or re-export the Trial or any related Oracle program, directly or indirectly, to persons on the above-mentioned lists.
You agree that U.S. export control laws and other applicable export and import laws and regulations govern your use of the Beehive Trial or any related Oracle program, 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 to comply with all export laws and regulations (including "deemed export" and "deemed re-export" regulations). You agree that neither the Trial nor any related Oracle program, 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, or development of missile technology.
DISCLAIMER OF WARRANTIES; EXCLUSIVE REMEDIES
ORACLE HEREBY DISCLAIMS ALL EXPRESS OR IMPLIED REPRESENTATIONS, WARRANTIES, GUARANTIES, AND CONDITIONS WITH REGARD TO THE BEEHIVE TRIAL AND BEEHIVE MATERIALS, INCLUDING BUT NOT LIMITED TO IMPLIED REPRESENTATIONS, WARRANTIES, GUARANTIES, AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NONINFRINGEMENT, AND QUALITY. ORACLE MAKES NO REPRESENTATIONS OR WARRANTIES REGARDING THE RELIABILITY, AVAILABILITY, TIMELINESS, QUALITY, SUITABILITY, ACCURACY OR COMPLETENESS OF THE BEEHIVE TRIAL AND BEEHIVE MATERIALS OR THE RESULTS YOU MAY OBTAIN BY USING EITHER OF THE FOREGOING. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, ORACLE DOES NOT REPRESENT OR WARRANT THAT (A) THE OPERATION OR USE OF THE BEEHIVE TRIAL WILL BE TIMELY, SECURE, UNINTERRUPTED OR ERROR-FREE; OR (B) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION OR OTHER MATERIAL YOU OBTAIN OR PURCHASE FROM ORACLE WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS. YOU ACKNOWLEDGE THAT ORACLE DOES NOT CONTROL THE TRANSFER OF DATA OVER COMMUNICATIONS FACILITIES, INCLUDING THE INTERNET, AND THAT THE BEEHIVE TRIAL MAY BE SUBJECT TO LIMITATIONS, DELAYS, AND OTHER PROBLEMS INHERENT IN THE USE OF SUCH COMMUNICATIONS FACILITIES. ORACLE IS NOT RESPONSIBLE FOR ANY DELAYS, DELIVERY FAILURES, OR OTHER DAMAGE RESULTING FROM SUCH PROBLEMS. THE BEEHIVE TRIAL AND BEEHIVE MATERIALS ARE PROVIDED TO YOU ON AN "AS IS" BASIS.
IN NO EVENT SHALL WE BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES, OR DAMAGES FOR LOSS OF PROFITS, GOODWILL, BUSINESS OPPORTUNITY, REVENUE, DATA OR DATA USE, INCURRED BY YOU OR ANY THIRD PARTY, WHETHER IN AN ACTION IN CONTRACT OR TORT OR OTHERWISE, ARISING FROM OR RELATED TO THE USE OF THE BEEHIVE TRIAL OR BEEHIVE MATERIALS, OR ANY DATA DERIVED THEREFROM, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
ANY CONTENT, DOCUMENTS, MATERIALS, INFORMATION, SOFTWARE, PRODUCTS OR SERVICES DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE BEEHIVE TRIAL IS DONE AT YOUR OWN DISCRETION AND RISK. ORACLE SHALL HAVE NO RESPONSIBILITY FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OR USE OF CONTENT, DOCUMENTS, MATERIALS, INFORMATION, SOFTWARE, PRODUCTS OR SERVICES.
ORACLE RESERVES THE RIGHT TO MAKE CHANGES OR UPDATES TO THE TRIAL AT ANY TIME WITHOUT NOTICE.
CONTENT
We do not guarantee the accuracy, quality or usefulness of any content, documents, materials, information, software, products or services (collectively "Content") on the Beehive Trial site, whether publicly posted or privately transmitted. The Content is the sole responsibility of the person from which such Content originated. This means that the user, not Oracle, is entirely responsible for all Content that he or she uploads, posts, emails or otherwise transmits via the Trial site. All Content on the Trial site is provided "AS IS." In addition, we do not guarantee that Content downloaded from the Trial site is free from computer viruses. You are solely responsible for the adequate protection and backup of your data and equipment used in connection with the Trial, and you understand that you bear all risks associated with the use of such Content. You agree that we are not responsible for any loss or damage of any sort you may incur from participating in, or otherwise using, the Trial.
You acknowledge that Oracle is providing the Beehive Trial as a convenience to users. You agree that you will only upload, post, publish or otherwise transmit Content to the Trial that you have personally created and that personally belongs to you. By uploading, emailing, posting, publishing, transmitting or submitting any Content to Oracle, you automatically grant (or warrant that the owner of such rights has expressly granted) Oracle a worldwide, perpetual, royalty-free, irrevocable, nonexclusive, fully sublicensable right and license to use, reproduce, modify, adapt, publish, transmit and distribute such Content in any form, medium, or technology now known or later developed. In addition, you warrant that all so-called moral rights in the Content have been waived. Oracle has no obligation to monitor Content. However, Oracle may review Content and may remove any Content, at its sole discretion, at any time and for any reason.
Content shall be used in a noncommercial manner only. You shall not upload, email, post, publish, distribute or otherwise transmit any Content containing a solicitation of funds, promotion, advertising, solicitation for goods or services, or other commercial matter. You warrant and represent that Content you upload does not contain any viruses, Trojan horses, worms or other components designed to limit or harm the functionality of a computer. You agree not to solicit other users of the Beehive Trial to use or join or become members of any commercial online or offline service or other organization. Except where expressly authorized by Oracle, you agree not to collect or store personal data about other users.
You agree that Oracle has no obligation to retain or archive any Content posted on the Trial site. At the end of the Trial Period, Oracle will disable the Trial accounts and remove any associated Content.
You agree to indemnify us from all claims, liabilities, damages, losses or expenses, including reasonable attorneys' fees and costs, arising out of or in any way connected with your access to, or use of, the Trial, including any Content you may post, or allow to be posted, on the Trial.
UNSOLICITED COMMUNICATION
You share the Beehive Trial with a large number of other participants and are able to interact with those users as if they were members of the same enterprise. You agree to respect the other participants and not interfere with their experience. You agree that you will not send unsolicited communication to other participants using any Beehive channel (email, instant messaging, documents, etc). You agree that you will not send unsolicited communication to anyone outside of the Trial environment with the exception of other Trial participants within your organization.
AVAILABILITY OF THE BEEHIVE TRIAL
In order to maximize the value of the Beehive Trial to your organization, Oracle intends to make the Beehive Trial environment available Monday through Friday. Oracle may schedule outages during the weekend for software maintenance and updates.
PASSWORDS AND SECURITY
Access to and use of password protected or secure areas of the Trial site is restricted to authorized users only. You may not share your password(s), account information, or access to the Trial site. You are responsible for maintaining the confidentiality of password(s) and account information, and you are responsible for all activities that occur under your password(s) or account(s) or as a result of your access to the Trial site. You agree to notify Oracle immediately of any unauthorized use of your password(s) or account(s).
NO UNLAWFUL OR PROHIBITED USE
You agree not to use the Beehive Trial for any purpose that is unlawful or prohibited by this Agreement or the rules, guidelines or terms of use posted for a specific area of the Trial site. You may not access or use the Trial in any manner that could damage, disable, overburden, or impair any Oracle accounts, computer systems or networks. You may not attempt to gain unauthorized access to any parts of the Trial site or any Oracle accounts, computer systems or networks. You may not interfere or attempt to interfere with the proper working of the Trial or any Oracle accounts, computer systems or networks. You may not use any robot, spider, scraper or other automated means to access the Trial or any Oracle accounts, computer systems or networks without Oracle's express written permission.
TRIAL TECHNICAL SUPPORT
The Beehive Trial provides an opportunity for current and potential Oracle customers to experience Beehive before purchasing the product or service. The Trial is provided as a convenience and you agree that Oracle is not obligated to provide any technical support, phone support, or updates specifically for any Oracle program accessed or used within the Trial environment. As a Beehive Trial user you agree not to open Oracle Service Requests or use Oracle Support Channels to request assistance with problems or questions experienced during the use of the Trial.
INDEMNIFICATION
You agree to defend and indemnify Oracle, its officers, employees and agents from and against any claim, demand or action, regardless of the nature of the cause of the claim, demand or action, alleging any loss, damages, costs or expenses, including personal injury, wrongful death or property damage arising out of your access to or use of the Beehive Trial or Content on the Trial site, your uploading, emailing, posting, publishing or transmission of any Content, or your violation of this Agreement.
THIRD PARTY WEB SITES
If you enter into correspondence with, access the website content of, purchase goods or services from, or participate in promotions of advertisers, sponsors or any party other than Oracle, through the Beehive Trial and/or through any software program used in conjunction to the Beehive Trial, any such activity, and any terms, conditions, warranties or representations associated with such activity, is done solely at your own discretion and risk and is governed solely by the terms between you and the applicable third party. You should refer to the policies posted by third-party websites regarding privacy and other topics before your access to or use of such websites. Oracle shall have no liability or obligation for, and does not endorse or accept any responsibility for, the contents or use of third party web sites or any transactions completed with third parties. Oracle may provide such links and/or access to third-party website content as a convenience, and the inclusion of any link or provision of access does not imply endorsement by Oracle of the linked or otherwise accessible web site, notwithstanding the inclusion on such site of the trademarks of Oracle or its third party providers.
FEEDBACK
"Feedback" shall mean any input regarding Oracle's products and/or services (including the Beehive Trial), including changes or suggested changes to Oracle's current or future products and/or services. Notwithstanding anything that you may note or state in connection with providing Feedback, all Feedback provided by you shall not be considered confidential information and shall be received and treated by Oracle on a non-confidential and unrestricted basis. You agree that Oracle or its licensors retain all ownership and intellectual property rights (including all derivatives or improvements thereof) in and to any Feedback provided by you or any other party, and acknowledge that Oracle may use the Feedback for any purpose, including but not limited to incorporation or implementation of such Feedback into an Oracle product or service, and to display, market, sublicense and distribute such Feedback as incorporated or embedded in any product or service distributed or offered by Oracle.
RELATIONSHIP BETWEEN THE PARTIES
The relationship between you and us is that of licensee/licensor.
PRIVACY POLICY
Oracle is concerned about your privacy and has developed a policy to address privacy concerns. For more information, please see Oracle's Privacy Policy.
ENTIRE AGREEMENT
You agree that this Agreement is the complete agreement pertaining to the subject matter hereof (including reference to information contained in a URL or referenced policy) and this Agreement supersedes all prior or contemporaneous agreements or representations, written or oral, existing between us with respect to such subject matter. If any term of this Agreement is found to be invalid or unenforceable, the remaining provisions will remain effective. Oracle's failure to enforce any right or provisions in this Agreement will not constitute a waiver of such provision, or any other provision of this Agreement.
CONTACT INFORMATION
If you have any questions regarding this Agreement, please contact Oracle at trademar_us@oracle.com. If you believe that your copyrighted work has been copied and is accessible on an Oracle Web site in a way that constitutes copyright infringement, please send a Notice to our Copyright Agent. Information regarding how to contact Oracle about potential copyright infringement can be found at http://www.oracle.com/html/copyright2.html.
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