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WARNING – THIS VIRTUAL MACHINE IMAGE CONTAINS ORACLE PROPRIETARY SOFTWARE THAT MAY NOT BE DISTRIBUTED TO OTHER USERS.  CONSEQUENTLY, THIS VIRTUAL MACHINE IMAGE MAY NOT BE DISTRIBUTED TO OTHER USERS.

Oracle Business Intelligence Enterprise Edition (SampleApp v406) VM Agreement

This Agreement contains license terms for the multiple software programs (“Programs”) included in the virtual machine image you wish to download, install, and/or use. By clicking “accept” or the equivalent where indicated and downloading, installing and/or using the Programs, you acknowledge your acceptance of the terms for the Program(s) you download, install, and/or use. If you do not accept the terms for the Programs, do not download, install, or use the Programs.

Section A: Terms for All Programs

Section B: Terms for Oracle Linux

Section C: Terms for SampleApp v406 sample code

Section D: Terms for Use of Oracle Business Intelligence, Oracle Business Intelligence Applications, Oracle Database 12c Release 1, Oracle TimesTen, Oracle Endeca Server, Oracle Endeca Information Discovery Studio, Oracle Endeca Information Discovery Integrator, Hyperion Enterprise Performance Management System Foundation Services, Oracle Essbase, Oracle Hyperion Financial Reporting, Hyperion Interactive Reporting, Hyperion SQR Production Reporting, Hyperion Web Analysis, Oracle Hyperion Planning, Oracle Hyperion Profitability and Cost Management, , Oracle Hyperion Performance Scorecard, Oracle Hyperion Disclosure Management,) Oracle R Enterprise , Oracle SQL Developer, Oracle APEX Listener, Oracle Application Express, Oracle R Distribution, Analytic Workspace Manager, Oracle Fusion Middleware MapViewer , Oracle Loader for Hardoop, Oracle SQL Connector for Hardoop Distributed File System Release, Oracle 10g webcat check utility, MVDEMO Samples App, MVDEMO Sample Data Set, HERE Map Content Sample Data in Oracle Delivery Format, and any other Programs not specified in this Agreement

Section A: Terms for all Programs

The terms in this Section A apply to all Programs and are in addition to any other terms that may apply.

Third-Party Technology:

Programs on this virtual machine image 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.

Offer to Provide Source Code:

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.

Programs documentation:

If any, is available at www.oracle.com/documentation.

Export:

You agree to comply fully with export laws and regulations of the United States and any other applicable export laws ("Export Laws") to assure that neither the Programs nor any direct products thereof are: (1) exported, directly or indirectly, in violation of this Agreement or Export Laws; or (2) used for any purposes prohibited by the Export Laws, including, without limitation, nuclear, chemical, or biological weapons proliferation, or development of missile technology.

Governing Law:

To the extent permitted: the substantive laws of California govern this Agreement, 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 relating to this Agreement.

Section B: Terms for Oracle Linux Programs

"We," "us," "our" and "Oracle" refers to Oracle America, Inc. "You" and "your" refers to the individual or entity that has acquired the Oracle Linux programs. "Oracle Linux programs" refers to the Linux software product which you wish to download and use and related program documentation. "License" refers to your right to use the Oracle Linux programs under the terms of this Agreement and the licenses referenced herein. We are willing to provide a copy of the Oracle Linux programs to you only upon the condition that you accept all of the terms contained in this Section B of this Agreement. Read the terms carefully and indicate your acceptance by

  • (a)selecting the "Accept" (or equivalent) button at the bottom of the page and downloading the Oracle Linux programs; or,
  • (b) if you have received these terms during the installation process, continuing to install the Oracle Linux programs.

If you are not willing to be bound by these terms, do not select the "Accept" (or equivalent) button and/or do not download the Oracle Linux programs, or if you have received these terms during the installation process, discontinue the installation process.

  1. Grant of Licenses to the Oracle Linux programs. Subject to the terms of this Agreement, Oracle America, Inc. ("Oracle") grants to the user ("Customer") a license to the "Oracle Linux programs" under the GNU General Public License version 2. The Oracle Linux programs contain many Oracle Linux program 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 delivered 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. The source code for the Oracle Linux Programs and the Additional Oracle Linux programs can be found and access online at https://oss.oracle.com/sources/ . 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. 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 programs and the associated documentation.
  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 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. Trademark License. You are permitted to distribute unmodified Oracle Linux programs or unmodified Additional Oracle Linux programs without removing the trademark(s) owned by Oracle or its affiliates that are included in the unmodified Oracle Linux programs or unmodified Additional Oracle Linux programs (the "Oracle Linux trademarks"). You may only distribute modified Oracle Linux programs or modified Additional Oracle Linux programs if you remove relevant images containing the Oracle Linux trademarks. Certain files, identified in http://oss.oracle.com/linux/legal/oracle-list.html, include such trademarks. Do not delete these files, as deletion may corrupt the Oracle Linux programs or Additional Oracle Linux programs. You are not granted any other rights to Oracle Linux trademarks, and you acknowledge that you shall not gain any proprietary interest in the Oracle Linux trademarks. All goodwill arising out of use of the Oracle Linux trademarks shall inure to the benefit of Oracle or its affiliates. You may not use any trademarks owned by Oracle or its affiliates (including "ORACLE") or potentially confusing variations (such as, "ORA") as a part of your logo(s), product name(s), service name(s), company name, or domain name(s) even if such products, services or domains include, or are related to, the Oracle Linux programs or Additional Oracle Linux programs.
  5. 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.
  6. 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.).
  7. No Technical Support. Our technical support organization will not provide technical support, phone support, or updates to you for the materials licensed under this Agreement. Technical support, if available, may be acquired from Oracle or its affiliates under a separate agreement.
  8. 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 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.
  9. Entire Agreement. You agree that this Agreement is the complete Agreement for the Oracle Linux programs, and the Additional Oracle Linux programs , 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 .

Section C: Terms for SampleApp v406 sample code Programs

Oracle Technology Network Developer License Terms for Sample Code

"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. For the purpose of this Section C, "Programs" refers to the sample code, which includes, but is not limited to, demo content, dashboards, examples and javascript models, associated with this Agreement, that you select for download and Programs documentation (if any). "License" refers to your right to use the Programs under the terms of this agreement, the Programs documentation, and any additional license terms provided through the Programs’ update functionality.

License Rights

Subject to the terms of this Agreement and the Programs documentation, we grant you a nonexclusive, nontransferable limited License to use, copy, and modify the Programs solely for the purposes of internally developing, testing, prototyping and demonstrating your applications, and running the Programs for your own internal business operations. We may audit your use of the Programs. If available, Programs documentation is either delivered with the Programs or may be accessed online at https://docs.oracle.com/en/.

Ownership and Restrictions

We retain all ownership and intellectual property rights in 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.

You may not:

  • use the Programs for any purpose other than as provided above;
  • remove or modify any Programs markings or any notice of our proprietary rights;
  • make the Programs available in any manner to any third party except to your authorized contractors (any use by such third parties shall solely be on your behalf);
  • assign this agreement or give the Programs, Programs access or an interest in the Programs to any individual or entity;
  • cause or permit reverse engineering (unless required by law for interoperability), disassembly or decompilation of the Programs;
  • disclose results of any Programs benchmark tests without our prior consent.

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).

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.

No Technical Support

Our technical support organization will not provide technical support, phone support, nor updates to you for the Programs 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

"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 Programs and an Open Source Programs where such use results in a Programs file(s) that contains code from both the Oracle Programs and the Open Source Programs (including without limitation libraries) if the Open Source Programs is licensed under a license that requires any "modifications" be made freely available. You also may not combine the Oracle Programs 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 Programs 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.

Section D: Terms for the following Programs:

Oracle Business Intelligence, Oracle Business Intelligence Applications, Oracle Database 12c Release 1, Oracle TimesTen, Oracle Endeca Server, Oracle Endeca Information Discovery Studio, Oracle Endeca Information Discovery Integrator, Hyperion Enterprise Performance Management System Foundation Services, Oracle Essbase, Oracle Hyperion Financial Reporting, Hyperion Interactive Reporting, Hyperion SQR Production Reporting, Hyperion Web Analysis, Oracle Hyperion Planning, Oracle Hyperion Profitability and Cost Management, Oracle Hyperion Performance Scorecard, Oracle Hyperion Disclosure Management, Oracle R Enterprise, Oracle SQL Developer, Oracle APEX Listener, Oracle Application Express, Oracle R Distribution, Analytic Workspace Manager, Oracle Fusion Middleware MapViewer , Oracle Loader for Hardoop, Oracle SQL Connector for Hardoop Distributed File System Release, Oracle 10g webcat check utility, MVDEMO Samples App, MVDEMO Sample Data Set, HERE Map Content Sample Data in Oracle Delivery Format, and any other Programs not specified in this Agreement.

You must agree to the applicable license terms listed in the table below, which are incorporated in this Agreement, to use the listed Programs. By downloading, installing, or using the Programs you acknowledge you are able to access the license terms listed in the table below and that you accept those terms for the Programs. If you are not able to access and agree to the license terms listed in the table below then you may not download, install, or use the Programs.

Programs Applicable License Terms
Oracle Business Intelligence, Oracle Business Intelligence Applications, Oracle Database 12c Release 1, Oracle TimesTen, Oracle Endeca Server, Oracle Endeca Information Discovery Studio, Oracle Endeca Information Discovery Integrator, Hyperion Enterprise Performance Management System Foundation Services, Oracle Essbase, Oracle Hyperion Financial Reporting, Hyperion Interactive Reporting, Hyperion SQR Production Reporting, Hyperion Web Analysis, Oracle Hyperion Planning, Oracle Hyperion Profitability and Cost Management, Oracle Hyperion Performance Scorecard, Oracle Hyperion Disclosure Management, Oracle R Enterprise (ORE), Analytic Workspace Manager, Oracle Fusion Middleware MapViewer, Oracle Loader for Hardoop, Oracle SQL Connector for Hardoop Distributed File System Release, MVDEMO Samples App, MVDEMO Sample Data Set, and any other Programs not specified in this Agreement. http://www.oracle.com/technetwork/licenses/standard-license-152015.html
Oracle SQL Developer https://www.oracle.com/downloads/licenses/sqldev-license.html
Oracle APEX Listener, Oracle Application Express https://www.oracle.com/downloads/licenses/app-express-lic.html
Oracle R Distribution The Oracle R Distribution is governed by the GNU General Public License, Version 2.0. See code for complete license details.
Oracle 10g webcat check utility https://www.oracle.com/downloads/licenses/gadgets-license.html
NAVTEQ Sample Data consisting of HERE Map Content Sample Data in Oracle Delivery Format Your use of the NAVTEQ Sample Data consisting of HERE Map Content Sample Data is limited to use with the Oracle proprietary (i.e., not subject to an open source license) programs included in the SampleApp v406 virtual machine. In addition, and not in limitation of the foregoing, the following terms also apply to the NAVTEQ Sample Data consisting of HERE Map Content Sample Data: http://www.oracle.com/technetwork/licenses/navteq-lic-text-168623.html.

Last updated: 28 May 2014