Oracle Technology Network Early Adopter License Agreement

Oracle Technology Network Early Adopter License Agreement

This Oracle Technology Network Early Adopter License Agreement, which incorporates various third-party and open source licenses that may be included with Software, includes license terms supporting the pre-general availability (“pre-GA”) software available for download on this portal (“Agreement”). Review the General Terms and the terms for the software you are accessing.

Section A: General Terms

Section B: Terms for Oracle VM Server and/or Oracle VM Agent (for SPARC)

Section C: Terms for Oracle VM Manager and/or the Distributed Lock Manager (DLM) for Solaris SPARC

Section A: General Terms

1. Definitions. “We,” “us,” “our” and “Oracle” mean Oracle America, Inc. “You” and “your” means the individual or entity acquiring the Software. “Software” means the pre-GA 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/or may be accessed online on this portal or www.oracle.com/documentation. “Separate Terms” means separate license terms that apply to the Separately Licensed Third Party Technology and that are specified in the Software Documentation or in readme, copying, license, notice or similarly named files that are delivered with the 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.

2. Testing and Experimental Use. You acknowledge that (1) the Software has not been released as a generally available (“GA”) Oracle product and may have defects, security vulnerabilities, or other deficiencies that may not and/or cannot be corrected by Oracle and are subject to change at Oracle’s sole discretion; and (2) Oracle may not produce a production or GA release version of the Software and any development efforts undertaken by you are at your own risk.

3. 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:

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.
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 Software, directly or indirectly, to persons on the above mentioned lists.
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.

4. Third Party Technology. The Software may contain or require the use of third-party technology that is provided with the Software. Such third-party technology may be licensed under Separate Terms and, if so, is Separately Licensed Third Party Technology. 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.

5. Collection of Information. The Software may collect certain technical information regarding Your use of the Software for the purpose of improving the functionality of the Software. Oracle will comply with its Privacy Policy in effect as data collection services are performed, which is available at https://www.oracle.com/legal/privacy/.

6. Feedback. Any content that is provided to and shared with us relating to the Software shall be received and treated by us on a non-confidential and unrestricted basis (“Feedback”), and we shall have a worldwide, perpetual, royalty-free, irrevocable, nonexclusive, fully sublicensable license to use, reproduce, modify, adapt, translate, publish, publicly perform, publicly display, broadcast, transmit and distribute the Feedback for any purpose and in any form, medium, or technology now known or later developed. This includes, without limitation, the right to incorporate or implement the Feedback into any Oracle product or service, and to display, market, sublicense and distribute the Feedback as incorporated or embedded in any product or service distributed or offered by us without compensation to you.

7. No Technical Support. Our technical support organization will not provide technical support, phone support, or updates to you for the Software or any Additional Oracle VM Server Programs (as defined below).

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 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.

9. 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.

This Agreement will be governed and construed in accordance with the laws of the United States and the State of California, except for 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.

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.

Section B: Terms for Oracle VM Server and/or Oracle VM Agent (for SPARC)

1. Definitions. “Oracle VM Server Programs” means the Oracle VM Server Software and/or the Oracle VM Agent (for SPARC) Software you wish to download and use. “License” means your right to use the Oracle VM Server Programs under the terms of this Agreement and the open source licenses referenced in Clauses 2 and 3 of this Section B. “Additional Oracle VM Server Programs” mean third-party technology that may be included on the same medium or as part of the download of Oracle VM Server Programs you receive, but are not part of the Oracle VM Server Programs.

2. Grant of Licenses. Subject to the terms of this Agreement, Oracle grants to you a license to the Oracle VM Server Programs under the GNU General Public License version 2.0. The Oracle VM Server Programs contain many components developed by Oracle and various third parties. The license for each component, including Separately Licensed Third Party Technology, is located in the Software Documentation and/or in the component's source code. In addition, a list of components may be delivered with the Oracle VM Server 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 Oracle VM Server Programs and the Additional Oracle VM Server Programs can be found and accessed online on this portal. 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 Oracle VM Server Programs. Each Additional Oracle VM Server Program is Separately Licensed Third Party Technology and 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 VM Server Program.

4. Ownership. The Oracle VM Server Programs and the Additional Oracle VM Server Programs are owned by Oracle or its licensors. Subject to the licenses granted and/or referenced herein, title to the Oracle VM Server Programs and the Additional Oracle VM Server Programs remains with Oracle and/or its licensors.

5. Trademark License. You are permitted to distribute unmodified Oracle VM Server Programs or unmodified Additional Oracle VM Server Programs without removing the trademark(s) owned by Oracle or its affiliates that are included in the unmodified VM Server Programs or unmodified Additional Oracle VM Server Programs (the “Oracle Trademarks”). You may only distribute modified Oracle VM Server Programs or modified Additional Oracle VM Server 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 Oracle VM Server Programs or Additional Oracle VM Server 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 Oracle VM Server Programs or the Additional Oracle VM Server Programs.

6. Limited Warranty. THE ORACLE VM SERVER PROGRAMS AND ADDITIONAL ORACLE VM SERVER 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 ORACLE VM SERVER PROGRAMS AND ADDITIONAL ORACLE VM SERVER 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 Oracle VM Server Programs or here: http://oss.oracle.com/licenses/GPL-2 .

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:

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 C: Terms for Oracle VM Managerand/or the Distributed Lock Manager (DLM) for Solaris SPARC

1. Definitions. “Oracle VM Manager Programs” means the Oracle VM Manager Software, the Distributed Lock Manager (DLM) for Solaris SPARC Software, Program Documentation, and any Oracle VM Manager Programs updates acquired through technical support. “Program Documentation” means the Oracle VM Manager Programs Software Documentation. “License” means your right to use the Oracle VM Manager Programs under the terms of this Agreement, including any definitions and rules in the Program Documentation and any related order documents, and the licenses referenced herein.

2. License Rights. Subject to the terms of this Agreement, including any definitions and rules set forth in the Program Documentation and any related order documents, we grant you a nonexclusive, nontransferable limited license to use the Oracle VM Manager Programs only for internal evaluation and testing of the Oracle VM Manager Programs and/or developing a single prototype of Your application(s), and not for any other purpose. All rights not expressly granted above are hereby reserved. If You want to use the Oracle VM Manager Programs for any purpose other than as permitted under this Agreement, including but not limited to distribution of the Oracle VM Manager Programs or the application You develop or any use of the Oracle VM Manager Programs or the application You develop for Your internal business purposes (other than internal evaluation and testing of the Oracle VM Manager Programs and/or developing a single prototype of Your applications), You must obtain a valid Oracle license permitting such use. You acknowledge that We may not produce a production or GA release version of the Oracle VM Manager Programs and any development efforts undertaken by You are at Your own risk. We may audit Your use of the Oracle VM Manager Programs.

3. Ownership and Restrictions. We retain all ownership and intellectual property rights in the Oracle VM Manager Programs. The Oracle VM Manager Programs may be installed on multiple systems provided that you adhere to this Agreement for all use and distribution of the Oracle VM Manager Programs.

You may not:

remove or modify any Oracle VM Manager Program markings or any notice of our proprietary rights;
assign this Agreement or give or transfer the Oracle VM Manager 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 Oracle VM Manager Programs;
disclose results of any program benchmark tests without our prior consent; or,
use any Oracle name, trademark or logo, except as expressly required herein.

4. Export. You agree that U.S. export control laws and other applicable export and import laws govern your use of the Oracle VM Manager Programs, including technical data . You agree that neither the Oracle VM Manager 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.

5. Limited Warranty. THE ORACLE VM MANAGER 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. ORACLE DOES NOT GUARANTEE THAT THE VM MANAGER PROGRAMS WILL PERFORM ERROR-FREE OR UNINTERRUPTED OR THAT ORACLE WILL CORRECT ALL ORACLE VM MANAGER PROGRAMS ERRORS.

6. Limitation of Liability. WITH RESPECT TO THE ORACLE VM MANAGER 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 THOUSAND DOLLARS (U.S. $1,000).

7. End of License. You may terminate your License by destroying all copies of the Oracle VM Manager Programs. We have the right to terminate your right to use the Oracle VM Manager Programs if you fail to comply with any of the terms of this Agreement, in which case you shall destroy all copies of the Oracle VM Manager Programs.

Last updated 07 October 2015

Should you have any questions concerning this License Agreement, or if you desire to contact Oracle for any reason, please write:

Oracle America, Inc.
500 Oracle Parkway,
Redwood City, CA 94065

Oracle may contact you to ask if you had a satisfactory experience installing and using this software download and/or accessing and using the hosted environment.