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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:
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.
PLEASE READ THE FOLLOWING LICENSE AGREEMENT TERMS AND CONDITIONS CAREFULLY BEFORE DOWNLOADING, INSTALLING OR USING THE PROGRAMS. THESE TERMS AND CONDITIONS CONSTITUTE A LEGAL AGREEMENT BETWEEN YOU AND ORACLE.
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 binary version of plug-in, extension or other software associated with this Agreement that you select for download, any updates or error corrections provided by Oracle, and any user manuals, programming guides and other documentation provided to you by Oracle under this Agreement. The Programs may be provided to you in multiple downloads, as may be described on the Programs download page or in the Programs documentation. "License" refers to your right to use the Programs under the terms of this Agreement. This Agreement is governed by California law, excluding its conflict of law provisions. 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 License Agreement" button to confirm your acceptance. If you are not willing to be bound by these terms, select the "Decline License Agreement" button and the registration process will not continue.
If you are (i) a current Oracle customer of an Oracle cloud service or are validly in possession of Oracle hardware or software (each “Your Oracle Solution”) for which the Programs are designed to enable interoperation of Your Oracle Solution with certain other hardware or software and/or provide additional functionality for Your Oracle Solution, as described more fully in the documentation for the Programs and/or on the webpage where the Programs are available for download (collectively “Specifications”), and (ii) you are subject to a separate, current Oracle support agreement or cloud services agreement for Your Oracle Solution, the Programs are licensed to you under to the “Full License” set forth below. If you do not conform to the preceding criteria, the Programs are licensed to you under the “Development-Only License” set forth below.
Full License: We grant you, during the term of your support agreement (unless terminated as provided in this Agreement) a nonexclusive, nontransferable, limited License to use the Programs internally with Your Oracle Solution in accordance with the Specifications, and not for any other purpose.
Development-Only License: Except for any included software package or file that is licensed to you by Oracle under different license terms, we grant you a perpetual (unless terminated as provided in this Agreement), nonexclusive, nontransferable, limited License to use the Programs only for the purpose of developing, testing, prototyping and demonstrating your application, and not for any other purpose. You may not use the Programs or your application developed with the Programs for your own internal data processing or for any commercial or production purposes, or use the Programs for any purpose except the development of your application. T he Programs may be installed on one computer only, and used by one person in the operating environment identified by us .
All rights not expressly granted above are hereby reserved. If you want to use the Programs for any purpose other than as permitted under this Agreement, including but not limited to distribution of the Programs or any use of the Programs for any other purpose, you must obtain a valid license permitting such use. We may audit your use of the Programs.
Software may contain source code that, unless expressly licensed for other purposes (for example, licensed under an open source license), is provided solely for reference purposes pursuant to the terms of this Agreement.
The Programs may contain or be distributed with certain third-party technology. Oracle may provide certain notices related to such third-party technology in the Programs 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 Programs 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.
Information Collection and Registration
The Software's installation and auto-update processes transmit a limited amount of data to Oracle (or its service provider) about those specific processes to help Oracle understand and optimize them. Oracle does not associate the data with personally identifiable information.
Ownership and Restrictions
We retain all ownership and intellectual property rights in the Programs. Unless enforcement is prohibited by applicable law, you may not modify, decompile, or reverse engineer 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 in connection with any hardware or software other than the hardware of software specifically described in the documentation for the Programs and/or on the webpage where the Programs are available for download; -distribute the Programs;
-use the Programs for any purpose not expressly permitted and applicable to you under this License;
-remove or modify any Programs markings or any notice of our proprietary rights;
-make the Programs available in any manner to any third party;
-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 benchmark test results related to the Programs without our prior consent .
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/us/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).
No Technical Support
Unless Oracle support for the Programs, if any, is expressly included in a separate, current support agreement between you and Oracle, 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.
Open Source 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 program where such use results in a program file(s) that contains code from both the Oracle Programs and the Open Source program (including without limitation libraries) if the Open Source program 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: 15 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