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Oracle is willing to authorize Your access to software associated with this License Agreement (“Agreement”) only upon the condition that You accept that this Agreement governs Your use of the software. By selecting the “Accept License Agreement” button or box (or the equivalent) or installing or using the Programs You indicate Your acceptance of this Agreement and Your agreement, as an authorized representative of Your company or organization (if being acquired for use by an entity) or as an individual, to comply with the license terms that apply to the software that You wish to download and access. If You are not willing to be bound by this Agreement, do not select the “Accept License Agreement” button or box (or the equivalent) and do not download or access the software.
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" refers to Oracle America, Inc. "You" and "Your" refers to (a) a company or organization (each an “Entity”) accessing the Programs, if use of the Programs will be on behalf of such Entity; or (b) an individual accessing the Programs, if use of the Programs will not be on behalf of an Entity. “Contractors” refers to Your agents and contractors (including, without limitation, outsourcers). “Programs” refers to Oracle Solaris and Oracle Solaris Cluster that you download from this site (including, any updates and/or additional software packages that you may receive in the future from the product's package repository), including any Program Documentation. “Program Documentation” refers to Program user manuals and Program installation manuals, if any. If available, Program Documentation may be delivered with the Programs and/or may be accessed from www.oracle.com/documentation. “Separate Terms” refers to separate license terms that are specified in the Program Documentation, readmes or notice files and that apply to Separately Licensed Third Party Technology. “Separately Licensed Third Party Technology” refers to third party technology that is licensed under Separate Terms and not under the terms of this Agreement. “License” refers to your right to use the Programs under the terms of this Agreement.
License Rights and Restrictions
Except for any included software package or file that is licensed to you by Oracle under different license terms, Oracle grants 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 applications, and not for any other purpose. If You are an educational institution vested with the power to confer official high school, associate, bachelor, master and/or doctorate degrees, or local equivalent, (“Degree(s)”), You may also use the Programs as part of Your educational curriculum for students enrolled in Your Degree program(s) solely as required for the conferral of such Degree (collectively “Educational Use”).
You may not:
- use the Programs for your own internal business purposes (other than developing, testing, prototyping and demonstrating your applications) or for any commercial or production purposes;
- remove or modify any program markings or any notice of our proprietary rights;
- make the Programs available in any manner to any third party;
- use the Programs to provide third-party training, except as expressly permitted in this agreement for Educational Use;
- 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.
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 your internal business purposes (other than developing, testing, prototyping and demonstrating your applications) or for any commercial production purposes, you must obtain a valid license permitting such use. Oracle may audit your use of the Programs. Program documentation, if available, may be accessed online at https://docs.oracle.com/en/.
Oracle retains all ownership and intellectual property rights in the Programs. The Programs may be installed on three computers only, and used Your employees or agents in the hardware environment identified by us. You may make one copy of the Programs for backup purposes.
The Programs may contain or require the use of third party technology that is provided with the Programs. Oracle may provide certain notices to You in Program Documentation, readmes 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 Program Documentation, readmes 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 Programs and is licensed to You under the terms of this Agreement.
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 (or if you plan on licensing your own application under an Open Source license), you must ensure that your use does not: (i) create, or purport to create, obligations 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 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.
Source Code for Open Source Software
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/goto/opensourcecode. If the source code for such software 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 pursuant to the instructions in the "Written Offer for Source Code" section of the latter website.
Included Java SE Components
The Programs may include or be distributed with certain separately licensed components that are part of Java SE (“Java SE”). Java SE and all components associated with it are licensed to you under the terms of the Oracle Binary Code License Agreement for the Java SE Platform Products, and not under this Agreement. A copy the Oracle Binary Code License Agreement for the Java SE Platform Products can be found at: http://www.oracle.com/technetwork/java/javase/terms/license/index.html
Additional Trial Programs
Oracle may include additional trial programs with your download of the Programs licensed under this Agreement. You will have 30 days from the delivery date to evaluate these additional trial programs. Any use of these trial programs after the 30-day trial period requires you to obtain the applicable license. Any additional trial programs are provided "as is" and Oracle does not provide technical support or any warranties for these programs.
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 Program for, and will not allow the Program 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.
Information Collection and Registration
Configuration Data and Registration: The Programs may communicate configuration data to Oracle. You can register your version of the Programs to capture this data for your use, or the data is sent anonymously. For information about what configuration data is communicated and how to control this facility, refer to the release notes or www.oracle.com/goto/solarisautoreg.
Disclaimer of Warranty and Exclusive Remedies
THE PROGRAMS ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND. ORACLE FURTHER DISCLAIMS ALL WARRANTIES, EXPRESS AND IMPLIED, INCLUDING WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT.
IN NO EVENT SHALL ORACLE 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 ORACLE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. ORACLE’S ENTIRE LIABILITY FOR DAMAGES UNDER THIS AGREEMENT 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, Oracle’s technical support organization will not provide technical support, phone support, or updates to You for the Programs provided under this Agreement.
Oracle may audit Your use of the Programs. You may terminate this Agreement by destroying all copies of the Programs. This Agreement shall automatically terminate without notice if You fail to comply with any of the terms of this Agreement, in which case You shall promptly destroy all copies of the Programs.
Relationship Between the Parties
Oracle is an independent contractor and Oracle agrees that no partnership, joint venture, or agency relationship exists between us. We each will be responsible for paying our own employees, including employment related taxes and insurance. 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.
Entire Agreement; Governing Law
You agree that this Agreement is the complete agreement for the Programs and this Agreement supersedes all prior or contemporaneous agreements or representations, including any clickwrap, shrinkwrap or similar licenses, or license agreements for prior versions of the Programs. This Agreement may not be modified and the rights and restrictions may not be altered or waived except in a writing signed by authorized representatives of You and of Oracle. If any term of this Agreement is found to be invalid or unenforceable, the remaining provisions will remain effective.
This Agreement is governed by the substantive and procedural laws of the State of California, USA, and 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.
Should you have any questions concerning this License Agreement, or if you desire to contact Oracle for any reason, please write:
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.
Last updated: 16 August 2018