EXPORT CONTROLS ON THE PROGRAMS
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:
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.
Note: You are bound by the Oracle Technology Network ("OTN") License Agreement terms. The OTN License Agreement terms also apply to all updates you receive under your Technology Track subscription.
The OTN License Agreement terms below supersede any shrinkwrap license on the OTN Technology Track software CDs and previous OTN License terms (including the Oracle Program License as modified by the OTN Program Use Certificate).
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 is an authorized user of the Server Product (defined below) and that has agreed to use the programs (as defined below) in accordance with this agreement. "Programs" refers to the Oracle BI Mobile Security Tool Kitand program documentation. “Server Product” refers to the separately licensed Oracle Business Intelligence Mobile server product and/or Oracle Business Intelligence Foundation Suite product of which you are an authorized user pursuant to the terms of the Oracle license agreement for the Server Product and/or your Oracle partner agreement (“Server License”). "License" refers to your right to use the programs under the terms of this agreement. “Customized BI Mobile App” refers to the customized version of the Oracle Business Intelligence Mobile iOS application that you create pursuant to your use of the programs as set forth in this agreement. This agreement is governed by the substantive and procedural laws of the United States and the State 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. 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.
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 or download process will not continue.
LICENSE RIGHTS
Provided you are an authorized user of the Server Product, and subject to the restrictions set forth in this agreement, we grant you (including your authorized contractors, for whom you shall remain responsible under this agreement) a nonexclusive, nontransferable, nonsublicensable, revocable, limited license to
For the avoidance of doubt, this License does not authorize you to (a) modify the programs or the Server Product in any way; and/or (b) modify the Server License in any way.
Your use of the Server Product is governed by the terms of the Server License and remains limited to the reports, dashboards, alerts, and Oracle business intelligence content that you have access to and are authorized to view pursuant to the Server License. Your right to use the programs will cease upon the earlier of (i) the expiration, termination or suspension of the Server License, or (ii) the expiration, termination or suspension of your status as an authorized user of Server Product. You are not permitted to use the programs for any purpose other than in connection with your authorized use of Server Product.
You acknowledge that we may not produce a production release version of the programs and any development efforts undertaken by you are at your own risk. 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.
Ownership and Restrictions
We and our licensors retain all ownership and intellectual property rights in the programs.
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).
Trial Programs Included With Orders
We may include additional programs with an order which may be used for trial purposes only. You will have 30 days from the delivery date to evaluate these programs. Any use of these programs after the 30 day trial period requires you to obtain the applicable license. Programs licensed for trial purposes are provided "as is" and we do not provide technical support or any warranties for these programs.
Technical Support
Oracle Premier Support for the programs is available to you only if you are an authorized user of, and have a current Oracle support agreement for, the Server Product. Otherwise, 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. Your right to use the programs shall end immediately if you fail to comply with any of the terms set forth in this agreement, or as otherwise set forth in the “License Rights” section above, in which case you shall destroy all copies of the programs. Except as expressly set forth in the Server License, the terms and conditions governing the Server License are not affected by the termination of your right to use the programs under this Agreement.
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
"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 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. 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.
Last updated: 06 November 2012
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