Export Controls on the Programs
Selecting the "Accept License Agreement" button is a confirmation of your agreement that you comply, now and during the trial term, with each of the following statements:
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.
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 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. "Programs" refers to the software product you wish to download and use (including, any updates and/or additional software products that you may receive in the future from the Programs' update functionality) and Programs documentation. "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. "Components" refers to the list of components included in certain editions of the Programs found at http://www.oracle.com/technetwork/developer-tools/adf/overview/components-1859949.html. 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" button 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 and the registration process will not continue.
We grant you a nonexclusive, nontransferable limited License to use the Programs (except for and excluding the Components and the Oracle WebLogic Server) for your internal business operations, including the development and testing of applications, subject to the terms of this agreement and the Programs documentation. (Additional license terms included with updates and/or additional software products received from the Programs’s update functionality control over any conflicting terms of this Agreement) . You may also distribute the Programs (except for and excluding the Components and the Oracle WebLogic Server) with your applications to your customers provided that you do not charge your end users any additional fees for the use of the Programs and provided your end users may only use the Programs to run your applications for their business operations, subject to the terms of this agreement. We grant you a nonexclusive, nontransferable limited license to use the Components and the Oracle WebLogic Server only for the purpose of developing a single prototype of your application for your internal business operations, and not for any other purpose. If you want to use the application you develop using the Components, or the Oracle WebLogic Server, for any internal data processing or for any commercial or production purposes you must contact us, or an Oracle reseller, to obtain the appropriate license. If you want to use the Programs or Components 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 Programs. Programs documentation is either shipped with the Programs, or documentation may 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:
We grant you a nonexclusive, nontransferable right to copy and distribute the Programs (except for and excluding the Components and the Oracle WebLogic Server) as identified herein and for no other purpose. You may not copy and distribute the Components and / or the Oracle WebLogic Server. Prior to distributing the Programs (except for and excluding the Components and the Oracle WebLogic Server) 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 "License Rights," "Ownership and Restrictions," "Export," "Disclaimer of Warranties and Exclusive Remedies," “U.S. Government End Users,” "No Technical Support," "End of Agreement," "Relationship Between the Parties," and "Open Source." You must also include a provision stating that your end users shall have no right to 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: (a) defend and indemnify us against all claims and damages caused by your distribution of the Programs in breach of this agreements and/or failure to include the required contractual provisions in your end user agreement as stated above; (b) keep executed end user agreements and records of end user information including name, address, date of distribution and identity of Programs distributed; (c) allow us to inspect your end user agreements and records upon request; and, (d) 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.
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).
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.
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, or 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" 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.
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.
Last updated: 3 October 2012
Should you have any questions concerning this License Agreement, or if you desire to contact Oracle for any reason, please write:
Oracle may contact you to ask if you had a satisfactory experience installing and using this OTN software download.