Oracle Technology Network Developer License Terms
Export Controls 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. 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. "You" and "your" refers to the individual or entity that wishes to use the Programs from Oracle. "Programs" refers to the collection of software, Programs Documentation, and associated tools, utilities and/or software artifacts that you selected for download, install or use, and any updates or error corrections thereof provided by Oracle. “Programs Documentation” refers to documentation for the Programs as provided by Oracle, if any. “Associated Product” refers to the Oracle product(s), as identified in the Programs documentation or on the Programs download site, with which the Programs are intended to enable or enhance interoperation with your application(s). "License" refers to your right to use the Programs under the terms of this agreement.
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 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. License Rights We grant you a perpetual (unless terminated as provided in this agreement), nonexclusive, nontransferable, limited License to (a) internally use the Programs solely for the purposes of developing, testing, prototyping and demonstrating your applications, and running the Programs for your own internal business operations; (b) modify the Programs, or portions thereof, that are provided in source code form and internally use such modified Programs (“Modified Programs”) , and (c) redistribute Modified Programs and unmodified Programs Documentation pursuant to the Modified Programs Redistribution section below . All rights not expressly granted above are hereby reserved. If you want to use the Programs for any purpose other than as expressly permitted under this agreement, you must obtain a valid license permitting such use from us. We may audit your use of the Programs.
Modified Programs Distribution We grant you a nonexclusive, nontransferable right to copy and distribute the Modified Programs and unmodified Programs Documentation as part of and included in your application that is intended to interoperate with the Associated Product. Prior to distributing the Modified Programs and unmodified Programs Documentation you shall require your end users to execute an agreement binding them to terms, with respect to the Modified Programs and unmodified Programs Documentation, materially consistent with those contained in this section and the sections of this agreement entitled “License Rights” (except that (i) permitting modifications as set forth in subsection (b) shall be at your discretion, and (ii) the redistribution right set forth in subsection (c) shall not be included; your end users may not distribute Modified Programs and Programs Documentation to any third parties), "Ownership and Restrictions," "Export Controls," "Disclaimer of Warranties and Exclusive Remedies," "No Technical Support" (with respect to Oracle support; you may provide your own support for Modified Programs at your discretion), "End of Agreement," "Relationship Between the Parties," and "Open Source Software." You must also include a provision stating that your end users shall have no right to distribute the Modified Programs and Programs Documentation, 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 (i) your distribution of the Modified Programs and Programs Documentation in breach of this agreement and/or failure to include the required contractual provisions in your end user agreement as stated above; and (ii) your end user’s modifications to Modified Programs; (b) keep executed end user agreements and records of end user information including name, address, date of distribution and identity of Modified 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.
Third-Party Technology The Programs may contain or be distributed with certain third-party technology. Oracle may provide certain notices related to such third-party technology (if any) in the Programs documentation, or in readme or notice files provided with the Programs. Without limitation of the foregoing, copyright notices and license terms applicable to certain portions of the software downloaded with the Programs are set forth in the THIRDPARTYLICENSEREADME file and/or documentation, if any, accessible from :
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.
Ownership and Restrictions We retain all ownership and intellectual property rights in the Programs. Subject to Oracle’s intellectual property rights in the Programs as delivered to you, you retain all ownership and intellectual property rights in your modifications to the Programs made in accordance with this agreement. Unless enforcement is prohibited by applicable law, you may not decompile, or reverse engineer 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.
For the purposes of the following paragraph, “Programs” includes Modified Programs. You may not: - use the Programs for any purpose other than as provided above; - modify the Programs other than as provided above; - remove or modify any program markings or any notice of our proprietary rights; - except as expressly provided above with respect to Modified Programs, make the Programs available in any manner to any third party; - assign this agreement or, except as expressly provided above with respect to Modified Programs, 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; or - disclose results of any benchmark test results related to the Programs without our prior consent.
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 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 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 Programs. For example, you may not develop a software program using an Oracle program and an Open Source program where such use results in a program file(s) that contains code from both the Oracle program 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 program 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 program or any modifications thereto to become subject to the terms of the GPL.
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, including license agreements for prior versions of the Programs. If any term of this agreement is found to be invalid or unenforceable, the remaining provisions will remain effective.
Last updated: 07 June 2016
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 OTN software download.