Oracle Technology Network Developer License Terms
Oracle Solaris, Oracle Solaris Cluster and Oracle Solaris Express

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 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.

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.

PLEASE READ THE FOLLOWING LICENSE AGREEMENT TERMS AND CONDITIONS CAREFULLY BEFORE DOWNLOADING, INSTALLING OR USING THE PROGRAMS. THESE TERMS AND CONDITIONS CONSTITUTE A LEGAL AGREEMENT BETWEEN YOU AND ORACLE.

Oracle Technology Network Development License Agreement
“We,” “us,” and “our” refers 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 Programs. “Programs” refers to Oracle Solaris, Oracle Solaris Cluster and/or Oracle Solaris Express that you download from this site (including, any updates and/or additional software packages that you may receive in the future from the product's package repository) and related program documentation. “License” refers to your right to use the Programs under the terms of this agreement. This agreement is governed by California law, except for that body of laws related to the conflict of laws. You 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.

In order to use the Programs, You must first agree to this License Agreement by selecting the “Accept License Agreement” button (or its equivalent) below. If You do not or cannot agree to this License Agreement, You are not permitted to download or use the Programs.

LICENSE RIGHTS
Except for any included software package or file that is licensed to you by Oracle under different license terms, we grant you a perpetual (unless terminated as provided in this agreement), nonexclusive, nontransferable, limited License to use the Programs only for the purpose of developing, testing, prototyping and demonstrating your applications, and not for any other purpose. If You are an educational institution vested with the power to confer official high school, associate, bachelor, master and/or doctorate degrees, or local equivalent, (“Degree(s)”), You may also use the Programs as part of Your educational curriculum for students enrolled in Your Degree program(s) solely as required for the conferral of such Degree (collectively “Educational Use”).

All rights not expressly granted above are hereby reserved. If you want to use the Programs for any purpose other than as permitted under this agreement, including but not limited to distribution of the Programs or any use of the Programs for your internal business purposes (other than developing, testing, prototyping and demonstrating your applications) or for any commercial production purposes, you must obtain a valid license permitting such use. We may audit your use of the Programs. Program documentation, if available, may be accessed online at http://www.oracle.com/technetwork/indexes/documentation/index.html.

Included Java SE Components
The Programs may include or be distributed with certain separately licensed components that are part of Java SE (“Java SE”). Java SE and all components associated with it are licensed to you under the terms of the Oracle Binary Code License Agreement for the Java SE Platform Products, and not under this agreement. A copy the Oracle Binary Code License Agreement for the Java SE Platform Products can be found at:

http://www.oracle.com/technetwork/java/javase/terms/license/index.html

Third-Party Technology
The Programs may contain or be distributed with certain third-party technology. Oracle may provide certain notices related to such third-party technology in the program documentation, or in readme or notice files provided with the Programs.

Third party technology will be licensed 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”). Licensee's rights to use such Separately Licensed Third Party Technology under the Separate Terms are not restricted or modified in any way by this Agreement.

Information Collection and Registration
Configuration Data and Registration: The Programs may communicate configuration data to Oracle. You can register your version of the Programs to capture this data for your use, or the data is sent anonymously. For information about what configuration data is communicated and how to control this facility, refer to the release notes or www.oracle.com/goto/solarisautoreg.

Ownership and Restrictions
We retain all ownership and intellectual property rights in the Programs. The Programs may be installed on three computers only, and used by Your employees or agents in the hardware environment identified by us. You may make one copy of the Programs for backup purposes. 

You may not:

- use the Programs for your own internal business purposes (other than developing, testing, prototyping and demonstrating your applications) or for any commercial or production purposes;
- 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, except as expressly permitted in this agreement for Educational Use;
- 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 benchmark test results related to the Programs 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. 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).

Additional Trial Programs
We may include additional trial programs with your download of the Programs licensed under this agreement. You will have 30 days from the delivery date to evaluate these additional trial programs. Any use of these trial programs after the 30-day trial period requires you to obtain the applicable license. Any additional trial programs are provided "as is" and we do not provide technical support or any warranties for these programs.

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.

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 Software
“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 (or if you plan on licensing your own application under an Open Source license), you must ensure that your use does not: (i) create, or purport to create, obligations 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. Any other license terms that may be included in or with the Program shall not apply. If any term of this agreement is found to be invalid or unenforceable, the remaining provisions will remain effective.

Last updated: 12 May 2014

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 may contact you to ask if you had a satisfactory experience installing and using this OTN software download.