Oracle Technology Network Developer License Terms
for StorageTek Automated Cartridge System Library Software, Client System Component Developer Toolkit
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 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.
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 INSTALLING OR USING THE PROGRAMS. THESE TERMS AND CONDITIONS CONSTITUTE A LEGAL AGREEMENT BETWEEN YOU AND ORACLE. ORACLE TECHNOLOGY NETWORK 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 from Oracle. “Toolkit” refers to the software development kit known as StorageTek Automated Cartridge System Library Software, Client System Component Developer Toolkit. "Programs" refers to (1) the Toolkit (including source header files) that you selected for install or use, (2) any updates or error corrections to the Toolkit provided by Oracle, (3) any user manuals, programming guides and other documentation for the Toolkit provided by Oracle, and (4) modifications to the foregoing Programs made by you in accordance with the terms of this Agreement. "License" refers to your right to use the Programs under the terms of this agreement. This agreement is governed by the substantive and procedural laws of California. 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 Programs 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 License Agreement" button to confirm your acceptance. If you are not willing to be bound by these terms, select the "Decline License Agreement" button and the registration process will not continue. 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 (i) modify the Programs source code to create applications that attach to, and control, Oracle’s storage products with library management functionality; (ii) compile the Programs into binary form; and (iii) distribute the binary form of the Programs and the associated Program header files with your applications to your end users in accordance with the Programs Distribution Programs Distribution section below.
If you modify the Program, you agree that you will maintain the modified Program’s compatibility with all releases and versions of the Programs made available by Oracle to you from time to time; provided that you shall have one hundred eighty (180) days after the release of any new version or release of the Programs to achieve compatibility.
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, you must obtain a valid license permitting such use. We may audit your use of the Programs. You may make a sufficient number of copies of the Programs for the licensed use and one copy of the Programs for backup purposes.
Programs Distribution
You may copy and distribute the binary form of the Programs and the associated Program header files to your end users with your applications provided that you do not charge your end users for use of the Programs and provided your end users may only use the Programs in connection with such end user’s use of Oracle’s compatible storage products. Prior to distributing the Programs you shall require your end users to execute an agreement binding them to terms consistent with those contained in this section and the sections of this agreement entitled “Ownership and Restrictions,” “Export,” “Disclaimer of Warranties and Exclusive Remedies,” “No Technical Support,” “End of Agreement,” “Relationship Between the Parties,” and “Open Source Software”. You must also include a provision stating that your end users shall have no right to modify or distribute the Programs, 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 defend and indemnify us against all claims and damages caused by (a) your distribution of the Programs in breach of this agreement; (b) your failure to include the required contractual provisions in your end user agreement as stated above; (c) infringement of a third party’s intellectual property rights by the Program(s) when used in combination with any product or services provided by you, and such claim would have been avoided by the exclusive use of such Program(s); (d) infringement of a third party’s intellectual property rights by the Program(s) when modified by you where such infringement would not have occurred but for such modification(s); and (e) an end user’s use of, or attempt to use, your Application with any Oracle product or infringement of any third party’s intellectual property rights by any information, design, specification, instruction, software, data, or materials furnished by you (except for claims caused by the Programs when used (i) unmodified in the form provided by us; (ii) not in combination with any product or materials not provided by us; and (iii) in accordance with the requirements of this agreement). You also agree to (1) keep executed end user agreements and records of end user information including name, address, date of distribution and identity of Programs distributed; (2) allow us to inspect your end user agreements and records upon request; and, (3) 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.
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 (if any) in the Programs documentation, or in readme or notice files provided with the Programs. Without limitation of the foregoing, copyright notices and license terms applicable to certain portions of the software downloaded with the Programs are set forth in the THIRDPARTYLICENSEREADME file and/or documentation accessible from :
Third party technology will be licensed to you either under the terms of this agreement, or, if specified in the Programs 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 any such Separately Licensed Third Party Technology under the Separate Terms are not restricted or modified in any way by this Agreement.
Ownership and Restrictions
We retain all ownership and intellectual property rights in the Programs. Subject to Oracle’s intellectual property rights in the Programs as delivered to you, you retain all ownership and intellectual property rights in your modifications to the Programs made in accordance with this agreement. You grant to Oracle a worldwide, fully paid-up, royalty-free, irrevocable, perpetual, non-exclusive right and license to use, copy, modify, prepare derivative works of, publicly perform, publicly display, disclose, distribute, make, have made, sell, offer to sell, import, host and otherwise exploit the modifications, extensions and derivative works of the Programs made by you in any form and on any media for any and all purposes. Oracle may sublicense the foregoing rights to third parties through multiple tiers of sublicensees or other licensing mechanisms at Oracle’s option.
Upon Oracle’s request, you shall promptly provide Oracle with a copy of any modifications, extensions and derivative works of the Programs made by you (including the complete and fully commented source code and systems documentation). You may not: - remove or modify any Programs markings or any notice of our proprietary rights; - assign or transfer this agreement; - include any portion of the Programs in your applications except as expressly authorized in the “License Rights” section of this agreement; -modify any portion of the Programs except as expressly authorized in the “License Rights” section of this agreement; - distribute the Programs except in compliance with the “Programs Distribution” section of this agreement; - charge your end users a separate fee for use of the Programs; - cause or permit reverse engineering (unless required by law for interoperability), disassembly or decompilation of the Programs; - distribute any Program without an end user agreement that complies with the requirements of this agreement; - distribute any portion of the Programs in source code form except for the header files that Oracle has provided as part of the Programs; or - 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/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).
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, you must ensure that your use does not: (i) create, or purport to create, obligations of us with respect to the 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 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, including license agreements for prior versions of the Programs. If any term of this agreement is found to be invalid or unenforceable, the remaining provisions will remain effective.
Last updated: 03 August 2012
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.