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 Big Data Lite Virtual Machine Agreement
This Agreement contains license terms for the multiple software programs (“Programs”) included in the virtual machine image you wish to download, install, 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.
"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. "Programs" refers to the Oracle software product you wish to download and use and program documentation. "License" refers to your right to use the programs under the terms of this Agreement.
This Agreement contains the following sections:
Section A: Terms for all Programs
Section B: Terms for Oracle Linux
Section C: Terms for Use of Oracle Database Enterprise Edition; Cloudera’s Distribution Including Apache Hadoop; Cloudera Manager; Cloudera Impala (RTQ); Cloudera Search (RTS); Cloudera Navigator; Cloudera Enterprise RTD; Oracle Big Data Connectors; Oracle NoSQL Database Enterprise Edition; Oracle GoldenGate; Oracle Data Integrator; Big Data Spatial and Graph; Big Data SQL component CopyToBDA, Oracle Big Data Discovery.
Section D: Terms for Use of Oracle JDeveloper; Oracle SQL Developer; Oracle Table Access for Hadoop and Spark.
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/downloads/opensource/software-components-source-code.html. 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/downloads/opensource/software-components-source-code.html . Your written or emailed request should include:
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
"Oracle Linux programs" refers to the Linux software product Programs 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 A of this Agreement. 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.
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 the following Programs:
Oracle Database Enterprise Edition; Cloudera’s Distribution Including Apache Hadoop; Cloudera Manager; Cloudera Impala (RTQ); Cloudera Search (RTS); Cloudera Navigator; Cloudera Enterprise RTD; Oracle Big Data Connectors; Oracle NoSQL Database Enterprise Edition; Oracle GoldenGate; Oracle Data Integrator; Big Data Spatial and Graph; Big Data SQL component CopyToBDA, Oracle Big Data Discovery; Oracle Table Access for Hadoop and Spark.
LICENSE RIGHTS We grant you a nonexclusive, nontransferable limited License to use the Programs only for the purpose of developing, testing, prototyping and demonstrating your application that is intended for use solely on or with an Oracle Big Data Appliance unit owned or controlled by you now or in the future (“Development Use”), and not for any other purpose. If you use the application you develop under this License for any internal data processing or for any commercial or production purposes, you must own or control an Oracle Big Data Appliance (“Your BDA”) on which such use will occur. You acknowledge that these Programs are provided to enable Development Use and are not a production release. Further, you acknowledge that these Programs include features that may be not be available on Your BDA unless you separately license optional Oracle software products or versions. Any development efforts undertaken by you are at your own risk. We may audit your use of the Programs. Ownership and Restrictions We retain all ownership and intellectual property rights in the Programs. The Programs may be installed on one computer only, and used by one person in the operating 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 data processing or for any commercial or production purposes, or use the Programs for any purpose except Development Use; - continue to develop your application after you have used the Programs for a purpose other than Development Use; - distribute your application; - 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 for your agents or contractors acting on your behalf in connection with your Development Use); - use the Programs to provide third party training; - 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 Programs benchmark tests 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).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.
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.
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 JDeveloper; Oracle SQL Developer.
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 JDeveloper | https://www.oracle.com/downloads/licenses/jdev-license.html |
| Oracle SQL Developer | https://www.oracle.com/downloads/licenses/sqldev-license.html |
Should you have any questions concerning this License Agreement please write:
Oracle America, Inc.
Attn: Associate General Counsel
Development and Engineering Legal
500 Oracle Parkway, 10 th Floor
Redwood City, CA 94065
Last updated: 27 October 2015 (version 4.3)