Oracle Technology Network Developer License Agreement
Oracle Solaris Studio
Export Controls on the Program
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 Program (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.
THESE TERMS AND CONDITIONS CONSTITUTE A LEGAL AGREEMENT BETWEEN YOU AND ORACLE. YOU AGREE TO BE BOUND BY THE TERMS OF THIS AGREEMENT BY INSTALLING, COPYING, OR OTHERWISE USING THE PROGRAM IN WHOLE OR IN PART.
LICENSE AGREEMENT FOR ORACLE SOLARIS STUDIO
"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 Program from Oracle. "Program" refers to the Oracle Solaris Studio code that you receive under this agreement, and any related Program documentation. "License" refers to your right to use the Program under the terms of this agreement. This agreement is governed by California law, except for that body of law related to the conflict of laws. 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.
We are willing to license the Program 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 (or its equivalent) 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 (or its equivalent) and the registration process will not continue.
Subject to the terms of this agreement and the Program documentation, we grant you a nonexclusive, personal, nontransferable, limited license to use the Program for your internal business operations, including the development and testing of programs that you create using the Oracle Solaris Studio Program.
We also grant you a nonexclusive, personal, nontransferable, limited license to reproduce and distribute those files identified as redistributable in the distribution readme file(s) for the Program ("Redistributables"), provided that: (i) you distribute the Redistributables and related proprietary notices unmodified, and only bundled as part of your own computer programs developed using the Program, (ii) you do not distribute additional software intended to supersede any component(s) of the Redistributables (unless otherwise specified in the documentation), (iii) the Redistributables are licensed in a manner that protects Oracle's interests at least as well as this agreement and does not grant any further right of distribution to your end users, (iv) you do not charge any additional fees for the use or distribution of the Redistributables; and (v) you will defend, indemnify and hold harmless Oracle from and against any damages, costs, liabilities, settlement amounts and/or expenses (including attorneys' fees) incurred in connection with any claim, lawsuit or action by any third party that arises as a result of your combination of any Redistributables with any of your programs that you distribute. You may find the distribution readme file(s) as part of the Program distribution or in the Program documentation.
Oracle reserves all of rights not expressly granted above. If you want to use the Program or the Redistributables 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 Program to confirm compliance with the above license rights.
Included Java SE Development Kit Components
Solaris Studio may include certain components that are part of the
Java SE Development Kit (the "JDK"). The JDK and all components
that are part of the JDK are licensed under the terms of the License
Agreement for Java SE Development Kit, and not under this agreement.
A copy of the License Agreement for Java SE Development Kit can
be found at: http://www.oracle.com/technetwork/java/javase/terms/license/index.html.
Third-Party Licenses and Code
The Program may include certain third-party software that is subject to third-party license terms, and any licenses granted hereunder do not alter any rights and/or obligations you may have under such licenses. The identity of such third-party software, as well as the licenses that govern the software and any related notices may be found in various readme files provided in or with the Program or in the Program documentation.
Program documentation is either shipped with the Program, or documentation may be accessed online by selecting this product at http://www.oracle.com/technetwork.
Collection of Information
Ownership and Restrictions
We retain all ownership and intellectual property rights in the Program. You may make a sufficient number of copies of the Program for the licensed use and one copy of the Program for backup purposes.
You may not:
- use the Program for any purpose other than as provided above;
- distribute the Program (except for the Redistributables);
- distribute the Redistributables for any purpose or in any manner other than as specified above;
- remove or modify any markings or any notice of our proprietary rights;
- assign this agreement or give the Program, Program access or an interest in the Program to any individual or entity except as provided under this agreement;
- cause or permit reverse engineering, disassembly or decompilation of the Program unless required by law for interoperability;
- disclose results of any Program benchmark tests without our prior consent.
You agree that U.S. export control laws and other applicable export and import laws govern your use of the 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. You agree that neither the 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.
Disclaimer of Warranty and Exclusive Remedies
THE PROGRAM IS 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 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 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).
U.S. Government End Users
Oracle programs, including the operating system, integrated software, any programs installed on the hardware, and/or 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, including the operating system, integrated software, any programs installed on the hardware, and/or 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."
Any Redistributables 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 Redistributables shall be subject to the license and license restrictions set forth in this agreement.
End of Agreement
You may terminate this agreement by destroying all copies of the Program. We have the right to terminate your right to use the Program if you fail to comply with any of the terms of this agreement, in which case you shall destroy all copies of the Program.
No Technical Support
Our technical support organization will not provide technical support, phone support, or updates to you for the Program licensed under this agreement unless technical support is acquired under a separate agreement with Oracle.
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 Program (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 of us with respect to the Program (or any Redistributable); 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 Program or the Redistributables. For example, you may not develop a software program using the Program where such use results in a program file(s) that contains code from both the Program and an 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 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.
You agree that this agreement is the complete agreement for the Program 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 July 2011
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