Please read the following information carefully before using any of the Oracle software made available to you on the Windows Azure service. For your convenience, the Oracle Database, Oracle WebLogic Server, and Oracle Linux programs are being made available to you as part of a pre-built virtual machine image that includes the operating system and the other programs. Each program is a separate product, and each is available as a separate download on one or more of the following sites:

http://www.oracle.com/technetwork/indexes/downloads/index.html

http://www.oracle.com/us/technologies/linux/product/overview/index.html

https://oss.oracle.com/sources/

We are willing to authorize your access to the programs only upon the condition that:

  1. you have obtained authorization or license from Oracle, or an Oracle partner, for your use of each program and that your Oracle Master Agreement, Oracle License and Services Agreement, or Software License and Services Agreement, Oracle PartnerNetwork Agreement, Oracle distribution agreement, or other applicable license agreement with Oracle or an Oracle partner, plus the applicable ordering document with Oracle or an Oracle partner, governs your use of the programs you deploy in Windows Azure; or
  2. you accept all of the terms contained in the applicable sections of the following Software Use Agreement. Please read the terms carefully and indicate your acceptance.

By clicking the “Yes, I accept” button (or the equivalent) or by continuing to advance through the set-up process or by using the programs, you acknowledge your acceptance of the terms for the program(s) you deploy.

Additional notices regarding third party code may appear in the readme files or program documentation.  Read the terms carefully for each product.

Program documentation is available at www.oracle.com/documentation.

Software Use Agreement


Please read the following Software Use Agreement (“agreement”) carefully before using any of the Oracle software that is made available to you on the Windows Azure service.

Section I: General Terms and Conditions
Section II: Offer to Provide Source Code

Section III: Proprietary Programs - Oracle Database and Oracle WebLogic Server

Section IV: Open Source Programs - Oracle Linux


Section I: General Terms and Conditions:


"We," "us," "our" and “Oracle” refer to Oracle America, 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 Oracle programs. "Program" or “programs” refers to the Oracle software products listed above and any program documentation.

Export
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 services (or 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.

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 program for, and will not allow the program 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.

Agreement
You agree that this agreement is the complete agreement for the programs and use rights, 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. This Agreement is governed by the substantive and procedural laws of the United States and the State of California 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.


Section II: Offer to Provide Source Code


If your access and use of the programs in Windows Azure or otherwise under this Agreement is deemed a distribution of the programs to you, then 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 . Alternatively, if the source code for the technology 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 to:


Oracle America, Inc.
Attn: Associate General Counsel
Development and Engineering Legal
500 Oracle Parkway, 10th Floor
Redwood Shores, CA 94065

Or, you may send an email to Oracle using the form linked from http://www.oracle.com/goto/opensourcecode . Your written or emailed request should include:

  • The name of the component or binary file(s) for which you are requesting the source code
  • The name and version number of the Oracle product
  • The date you received the Oracle product
  • Your name
  • Your company name (if applicable)
  • Your return mailing address and email
  • A telephone number in the event we need to reach you.

We may charge you a fee to cover the cost of physical media and processing. Your request must be sent (i) within three (3) years of the date you received the Oracle product that included the component or binary file(s) that are the subject of your request, or (ii) in the case of code licensed under the GPL v3, for as long as Oracle offers spare parts or customer support for that product model or version.


Section III: Proprietary Programs – Oracle Database and Oracle WebLogic Server


Use Rights

We grant you a nonexclusive, nontransferable limited right to access and use the Oracle Database and Oracle WebLogic Server programs only for the purpose of developing, testing, prototyping and demonstrating your application, and not for any other purpose. If you use the application you develop for any internal data processing or for any commercial or production purposes, or you want to use the programs for any purpose other than as permitted under this agreement, you must obtain a production release version of the program, if any, by contacting us or an Oracle reseller to obtain the appropriate license. You acknowledge that any development efforts undertaken by you are at your own risk. We may audit your use of the programs.

Ownership and Restrictions
We retain all ownership and intellectual property rights in the programs. The programs may be installed on one virtual machine only, and used by one person in the operating environment identified by us.

You may not:
- use the programs for your own internal data processing or for any commercial or production purposes, or use the programs for any purpose except the development of your application;
- use the application you develop with the programs for any internal data processing or commercial or production purposes without securing an appropriate license from us;
- continue to develop your application after you have used it for any internal data processing, commercial or production purpose without securing an appropriate license from us, or an Oracle reseller;
- remove or modify any program markings or any notice of our proprietary rights;
- make the programs available in any manner to any third party;
- use the programs to provide third party training;
- assign this agreement or give or transfer the programs or an interest in them to another individual or entity;
- 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.

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/us/products/export/index.html.

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 provided to you under the terms of this agreement.

End of Agreement
You may terminate this agreement by ceasing use and destroying all copies of the programs provided under the terms of this agreement that are within your control . 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 immediately cease all use and, as applicable, destroy all copies of the programs.

Relationship Between the Parties
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
The programs may contain third-party technology. Oracle may provide certain notices to you in program documentation or otherwise in connection with such third party technology. If you are permitted to distribute the program, you agree to include with the distribution all such notices and any associated source code for third party technology as specified, in the form and to the extent such source code is provided by Oracle. For clarity, the existence of a notice does not affect the terms under which third party technology is licensed to you.

To the extent Oracle is deemed to have distributed the third party technology to you, either under the terms of this Agreement, or, if specified in the program documentation, readme files or otherwise in writing, under separate license terms (“Separate Terms”) and not under the terms of this Agreement (“Separately Licensed Third Party Technology”). In the event that the Separately Licensed Third Party Technology is governed by the Separate Terms such rights shall not be restricted or modified in any way by this Agreement.


Section IV: Open Source Programs – Oracle Linux


1. Grant of Licenses to the Oracle Linux programs. “Oracle Linux programs” refers to the Linux software product which you have deployed and use. To the extent that your deployment of the programs is deemed to be a distribution under the terms of the GNU General Public License 2.0, Oracle grants to you a license to the Oracle Linux programs under the GNU General Public License version 2.0. The Oracle Linux programs contain many components developed by Oracle and various third parties. The license for each component is located in the licensing documentation and/or in the component's source code. In addition, a list of components may be provided with the Oracle Linux programs and the Additional Oracle Linux programs (as defined below) or accessed online at http://oss.oracle.com/linux/legal/oracle-list.html . This agreement does not limit, supersede or modify your rights under the license associated with any separately licensed individual component.

2. Licenses to Additional Oracle Linux programs. Certain third-party technology (collectively the “Additional Oracle Linux programs”) may be included on the same medium or as part of the download of Oracle Linux programs you receive, but is not part of the Oracle Linux programs. To the extent your deployment is deemed to be a distribution, each Additional Oracle Linux program is licensed solely under the terms of the Mozilla Public License, Apache License, Common Public License, GNU Lesser General Public License, Netscape Public License or similar license that is included with the relevant Additional Oracle Linux program.

3. Ownership. The Oracle Linux programs and their components and the Additional Oracle Linux programs are owned by Oracle or its licensors. Subject to the rights and/or licenses granted and/or referenced herein, title to the Oracle Linux programs and their components and the Additional Oracle Linux programs remains with Oracle and/or its licensors.

4. Limited Warranty. THE ORACLE LINUX PROGRAMS AND ADDITIONAL ORACLE LINUX 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 OR FITNESS FOR A PARTICULAR PURPOSE.

5. Limitation of Liability. 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 HUNDRED DOLLARS (U.S.$100).

6. No Technical Support. Our technical support organization will not provide technical support, phone support, or updates to you for the materials provided to you under this Agreement. Technical support, if available, may be acquired from Oracle or its affiliates under a separate agreement.

7. Relationship Between the Parties. 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 programs that are functionally similar to the other party’s products, so long as proprietary information of the other party is not included in such programs.

8. Entire Agreement. You agree that this Agreement is the complete Agreement for the Oracle Linux programs and the Additional Oracle Linux programs accessed through Windows Azure, 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. Neither the Uniform Computer Information Transactions Act nor the United Nations Convention on the International Sale of Goods applies to this agreement.

You can find a copy of the GNU General Public License version 2.0 in the “copying” or “license” file included with the Oracle Linux programs or here: http://oss.oracle.com/licenses/GPL-2 .

Should you have any questions concerning this Software Use Agreement, or if you desire to contact Oracle for any reason, please write:

Oracle America, Inc.
500 Oracle Parkway,
Redwood City, CA 94065

Last updated 17 September 2013