Oracle Virtual Image License Agreement

Oracle Open Stack

This Oracle Virtual Image License Agreement includes license terms supporting the products in this virtual image, which may include the following software products: Oracle Linux, Oracle VM Server and Oracle Open Stack .

Section A: General Terms
Section B: Terms for Oracle Linux and Oracle VM Server
Section C: Terms for Oracle OpenStack

By clicking acceptance below and/or downloading, installing and/or using this virtual image, you acknowledge your acceptance of these terms.

Section A: General Terms

  1. General Definitions. “We,” “us,” ”our” and “Oracle” mean Oracle America, Inc. “You” and “your” means the individual or entity acquiring the Software. “Software” means the software programs available for download from this portal for which these license terms apply. “Software Documentation” means user manuals and installation manuals for the Software; Software Documentation may be delivered with the Software and may be accessed online at https://docs.oracle.com/en/ . “Separate Terms” means separate license terms that are specified in the Software Documentation, readme files or notice files and that apply to Separately Licensed Third Party Technology. “Separately Licensed Third Party Technology” means third party technology that is licensed under Separate Terms and not under the terms of this Agreement. “Virtual Machine” means a virtual machine or virtual appliance package, file, or template available for download from this portal for which these license terms apply.
  2. Export. Export laws and regulations of the United States and any other relevant local export laws and regulations apply to the Software. You agree that such export control laws govern your use of the Software (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 products 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:

    1. You will not download, provide, make available or otherwise export or re-export the Software, directly or indirectly, to countries prohibited by applicable laws and regulations nor to citizens, nationals or residents of those countries.
    2. 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.
    3. You will not download or otherwise export or re-export the Software, directly or indirectly, to persons on the above mentioned lists.
    4. You will not use the Software for, and will not allow the Software 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.
  3. Third Party Technology. The Software, including Software included in any Virtual Machine, may contain or require the use of third party technology that is provided with the Software. We may provide certain notices to you in Software Documentation, readme files or notice files in connection with such third party technology. Third party technology will be licensed to you either under the terms of this Agreement or, if specified in the Software Documentation, readme files or notice files, under Separate Terms. Your rights to use Separately Licensed Third Party Technology under Separate Terms are not restricted in any way by this Agreement. However, for clarity, notwithstanding the existence of a notice, third party technology that is not Separately Licensed Third Party Technology shall be deemed part of the Software and is licensed to you under the applicable terms of this Agreement.
  4. No Technical Support. Our technical support organization will not provide technical support, phone support, or updates to you for the Software or any Additional Programs (as defined below). Technical support, if available, may be acquired from Oracle or its affiliates under a separate agreement.
  5. 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.
  6. Entire Agreement. This Agreement constitutes the entire agreement between you and Oracle with reference to your use of the Software. Any additions or modifications must be made in writing and signed by both parties. The terms of this Agreement shall supersede the terms of any purchase order or other instrument issued by you under this Agreement.
  7. Governing Law . This Agreement will be governed by and construed in accordance with the laws of the United States and the State of California, except that body of California law concerning conflicts of law and you and Oracle agree to submit to the exclusive jurisdiction of, and venue in, the courts in San Francisco or Santa Clara counties in California in any dispute arising out of or relating to this Agreement.

    8. In the event that any provision of this Agreement is held to be invalid or unenforceable, the remaining provisions of this Agreement will remain in full force and effect. Neither the Uniform Computer Information Transactions Act nor the United Nations Convention on the International Sale of Goods applies to this Agreement.

  8. OFFER TO PROVIDE SOURCE CODE

    9. 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:
    • 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.

Section B: Terms for Oracle Linux and Oracle VM Server

  1. Section B Definitions. “Oracle Linux Programs” means the Oracle Linux Software which you wish to download and use. “Oracle VM Server Programs” means the Oracle VM Server Software you wish to download and use. “Programs” means the Oracle Linux Programs or the Oracle VM Server Programs, both singly and collectively. “Additional Programs” means certain Separately Licensed Third Party Technology or separately licensed Oracle technology that may be included on the same medium or as part of the download of Oracle Linux Programs or Oracle VM Server Programs you receive, but are not part of the Programs.
  2. Grant of Licenses. Subject to the terms of this Agreement, Oracle grants to you a license to the Programs under the GNU General Public License version 2.0. The Programs and the Additional Programs contain many components developed by Oracle and various third parties. The license for each component is located in the Software Documentation, in a file delivered with the component and/or in the component’s source code. In addition, a list of components may be delivered with the Programs, the Additional Programs or accessed online at http://oss.oracle.com/linux/legal/oracle-list.html and/or in the component's source code. The source code for the Programs and the Additional Programs can be found and accessed online at https://oss.oracle.com/sources/ . This Agreement does not limit, supersede or modify your rights under the GNU General Public License version 2.0 or under the license associated with any separately licensed individual component.
  3. Licenses to Additional Programs. Each Additional 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 Program.
  4. Ownership. The Programs and their components and the Additional Programs are owned by Oracle or its licensors. Subject to the licenses granted and/or referenced herein, title to the Programs and their components and the Additional Programs remains with Oracle and/or its licensors.
  5. Trademark License. You are permitted to distribute unmodified Programs or unmodified Additional Programs without removing the trademark(s) owned by Oracle or its affiliates that are included in the unmodified Programs or unmodified Additional Programs (the “Oracle Trademarks”). You may only distribute modified Programs or modified Additional Programs if you remove relevant images containing the Oracle 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 Programs or Additional Programs. You are not granted any other rights to Oracle Trademarks, and you acknowledge that you shall not gain any proprietary interest in the Oracle Trademarks. All goodwill arising out of use of the Oracle 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 Programs or Additional Programs.
  6. Limited Warranty. THE PROGRAMS AND ADDITIONAL 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.
  7. Limitation of Liability. WITH RESPECT TO THE PROGRAMS AND ADDITIONAL PROGRAMS, 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.).

You can find a copy of the GNU General Public License version 2.0 in the “copying” or “license” file included with the Programs or here: http://oss.oracle.com/licenses/GPL-2 .

Section C: Terms for Oracle OpenStack

  1. Section C Definitions. “Oracle OpenStack Programs” means the Oracle OpenStack Software which you wish to download and use. “Additional Open Stack Programs” means certain Separately Licensed Third Party Technology or separately licensed Oracle technology that may be included on the same medium or as part of the download of Oracle OpenStack Programs you receive, but are not part of the Oracle OpenStack Programs.
  2. Grant of Licenses. Subject to the terms of this Agreement, Oracle grants to you a license to the Oracle OpenStack Programs under the Apache License version 2.0 (the “Apache 2.0”), a copy of which is included with the Oracle OpenStack Programs. A copy of the Apache 2.0 license can also be found here: http://www.apache.org/licenses/LICENSE-2.0.html . The Oracle OpenStack Programs and the Additional OpenStack Programs contain many components developed by Oracle and various third parties. The license for each component is located in the Software Documentation, in a file delivered with the component and/or in the component’s source code. This Agreement does not limit, supersede or modify your rights under the Apache License version 2.0 or under the license associated with any separately licensed individual component.
  3. Licenses to Additional Programs. Each Additional OpenStack 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 OpenStack Program.
  4. Ownership. The Oracle OpenStack Programs and their components and the Additional OpenStack Programs are owned by Oracle or its licensors. Subject to the licenses granted and/or referenced herein, title to the Programs and their components and the Additional Programs remains with Oracle and/or its licensors.

Last updated 19 September 2014