WARNING – THIS VIRTUAL MACHINE IMAGE CONTAINS ORACLE PROPRIETARY SOFTWARE THAT MAY NOT BE DISTRIBUTED TO OTHER USERS.  CONSEQUENTLY, THIS VIRTUAL MACHINE IMAGE MAY NOT BE DISTRIBUTED TO OTHER USERS.

Oracle Virtual Image License Agreement

Oracle VM Manager and Oracle VM Server

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, Oracle VM Manager, Oracle Database Express E dition and/or Oracle WebLogic Server.

Section A: General Terms
Section B: Terms for Oracle Linux and Oracle VM Server
Section C: Terms for Oracle VM Manager and Other Specified Non-Open Source Code
Section D: Terms for Oracle Database Express Edition and Oracle WebLogic Server
Section E: Terms for Other Oracle Programs Not Listed Above

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.

    3. 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.

This Agreement is governed by the substantive and procedural laws of the State of California, U.S.A., 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 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 http://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 .

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 Manager and Other Specified Non-Open Source Code

  1. Section C Definitions. “Oracle VM Manager Programs” means the Oracle VM Manager Software, Program Documentation, and any Oracle VM Manager Programs updates acquired through technical support. “Other Oracle Programs” means the additional non-open-source Oracle software you wish to download and use which are specified as such in the Program Documentation or that are identified in a file that is delivered with the Other Oracle Programs. “Programs” means the Oracle VM Manager Programs or the Other Oracle Programs, both singly and collectively. “Program Documentation” means the Oracle VM Manager Software Documentation and/or the Other Oracle Programs Software Documentation, as applicable.
  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 Programs for: (a) purposes of developing, prototyping and running your applications for your own internal data processing operations; (b) you may also distribute the Programs with your applications; (c) you may use the Programs to provide third party demonstrations and training; and (d) you may copy and distribute the Programs to your licensees provided that distribution is solely under, and each such licensee agrees to abide by, the terms of this Section of this Agreement for Oracle VM Manager. You are not permitted to use the Programs for any purpose other than as permitted under this Agreement. We may audit your use of the Programs.
  3. Distribution. To the extent you are permitted to distribute the Programs, you must include with the distribution all such notices and any associated source code for Separately Licensed Third Party Technology as specified, in the form and to the extent such source code is provided by us, and you must distribute Separately Licensed Third Party Technology under Separate Terms (in the form and to the extent Separate Terms are provided by us).
  4. Trademarks and Copyrights. You agree not to use Oracle trademarks (including “ORACLE”) or potentially confusing variations (including “ORA”) as a part of your product name(s), service name(s), company name, or domain name(s). In marketing, promoting, or distributing the Programs, you agree to make it clear that Oracle is the source of the Programs. You shall include on all copies of the Programs used or distributed by you:

    5. A reproduction of Oracle’s copyright notice; or a copyright notice indicating that the
    copyright is vested in you containing the following:

    A “c” in a circle and the word “copyright”;
    Your name;
    The date of copyright; and
    The words “All rights reserved.”

    Such notices shall be placed on the documentation, the sign-on screen for any software incorporating the Programs, and any media containing the Programs.

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

    6. You may not:

    1. remove or modify any Oracle VM Manager Program markings or any notice of our proprietary rights;
    2. assign this Agreement or give or transfer the Programs or an interest in them to another individual or entity;
    3. cause or permit reverse engineering (unless required by law for interoperability), disassembly or decompilation of the Programs;
    4. disclose results of any program benchmark tests without our prior consent; or,
    5. use any Oracle name, trademark or logo, except as expressly required herein.
  6. Export. You agree that U.S. export control laws and other applicable export and import laws govern your use of the Programs, including technical data . 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.
  7. Limited Warranty. 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 OR FITNESS FOR A PARTICULAR PURPOSE. ORACLE DOES NOT GUARANTEE THAT THE PROGRAMS WILL PERFORM ERROR-FREE OR UNINTERRUPTED OR THAT ORACLE WILL CORRECT ALL PROGRAMS ERRORS.
  8. Limitation of Liability. WITH RESPECT TO THE 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).
  9. End of License. You may terminate your license under 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.

Section D: Terms for Oracle Database Express Edition and Oracle WebLogic Server

You must agree to the applicable license terms to use the software referenced in this Section D.

Software Applicable License Terms
Oracle Database Express Edition http://www.oracle.com/downloads/licenses/database-11g-express-license.html
Oracle WebLogic Server http://www.oracle.com/downloads/licenses/standard-license.html

Section E: Terms for Other Oracle Programs Not Listed Above (“Other Oracle Programs”)

In the event you are downloading a Linux and/or VM configuration that includes one or more Oracle's programs that are not listed above, you agree that (1) you have already obtained a license from Oracle, or an Oracle partner, for your use of the software and that your Oracle License and Services Agreement or Software License and Services Agreement, Oracle Partner Network Agreement, Oracle distribution agreement, or other license agreement with Oracle or an Oracle partner, plus the applicable ordering document with Oracle or an Oracle partner, governs your use of the software, or (2) if you have not already obtained a license from Oracle or an Oracle Partner for your use of the software designated on this portal as Other Oracle Programs, the trial license in this Section E governs your use of the software. Note: Programs downloaded for trial use or downloaded as replacement media may not be used to update any unsupported programs.

LICENSE GRANT: “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. “Program” or “Programs” refers to the Oracle computer software owned or distributed by Oracle and for which you are granted a license under this Agreement (the “Programs”), and any user guides and manuals for use of the Programs (“Documentation”). The “Trial Term” shall be 30 Days from the date of your acceptance of the terms and conditions of this Agreement.

This Agreement grants you the temporary right to use the Programs for evaluation purposes on the single computer designated by you. These rights are granted only to you and may not be assigned or transferred to any other party. You may use the Programs only for evaluation and testing and not for production use. You must enter into a separate agreement to obtain production license rights and technical support for the Programs. The rights granted to you under this Agreement expire at the end of the Trial Term. If you decide to use any of the Programs after the end of the Trial Term, you must acquire a license for each Program from Oracle.

You shall not: (a) remove any product identification, copyright notices, or other notices or proprietary restrictions from the Programs; (b) use the Programs for commercial timesharing, rental, or service bureau use; (c) cause or permit reverse engineering, disassembly, or decompilation of the Programs; (d) disclose results of any benchmark tests of any Programs to any third party without Oracle's prior written approval; or (e) duplicate and/or install the Programs other than as specified in this Agreement. Either party may terminate the license for the Programs at any time. Upon termination or expiration, you shall cease using the Programs.

II. TERMINATION: If you do not obtain a Program use license at the end of the Trial Term, you shall (a) cease using the Programs, and (b) certify to Oracle that you have destroyed or have returned to Oracle the Programs and all copies. This requirement applies to copies in all forms, partial and complete, in all types of media and computer memory, and whether or not merged into other materials.

III. EXCLUSION OF WARRANTY: THE PROGRAM IS PROVIDED “AS IS” TO YOU FOR EVALUATION PURPOSES ONLY, EXCLUSIVE OF ANY WARRANTY, INCLUDING, WITHOUT LIMITATION, ALL WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR ANY OTHER WARRANTY, WHETHER EXPRESS OR IMPLIED.

IV. NONDISCLOSURE: By virtue of this Agreement, the parties may have access to information that is confidential to one another (“confidential information”). We each agree to disclose only information that is required for the performance of obligations under this agreement. Confidential information shall be limited to the terms and pricing under this Agreement, any source code for the programs, and all information clearly identified as confidential.

A party's confidential information shall not include information that: (a) is or becomes a part of the public domain through no act or omission of the other party; (b) was in the other party's lawful possession prior to the disclosure and had not been obtained by the other party either directly or indirectly from the disclosing party; (c) is lawfully disclosed to the other party by a third party without restriction on the disclosure; or (d) is independently developed by the other party.

The parties agree to hold each other's confidential information in confidence for a period of three years from the date of disclosure. Also, we each agree to disclose confidential information only to those employees or agents who are required to protect it against unauthorized disclosure. Nothing shall prevent either party from disclosing the terms or pricing under this Agreement in any legal proceeding arising from or in connection with this Agreement or disclosing the information to a federal or state governmental entity as required by law.

V. LIMITATION OF LIABILITY: NEITHER PARTY SHALL BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES, OR ANY LOSS OF PROFITS, REVENUE, DATA, OR DATA USE. ORACLE'S MAXIMUM LIABILITY FOR ANY DAMAGES UNDER THIS AGREEMENT AND YOUR ORDER, WHETHER IN CONTRACT OR TORT, SHALL BE LIMITED TO THE AMOUNT OF THE FEES YOU PAID ORACLE UNDER THIS AGREEMENT, AND IF SUCH DAMAGES RESULT FROM YOUR USE OF PROGRAMS OR SERVICES, SUCH LIABILITY SHALL BE LIMITED TO THE FEES YOU PAID ORACLE FOR THE DEFICIENT PROGRAM OR SERVICES GIVING RISE TO THE LIABILITY.

VI. EXPORT ADMINISTRATION: Export laws and regulations of the United States and any other relevant local export laws and regulations apply to the Programs. You agree to comply fully with export laws and regulations of the United States and any other applicable  export laws (“Export Laws”) to assure that none of the Programs (including technical data), any services deliverables provided under this agreement, or any direct products thereof, are:  (1) exported, directly or indirectly, in violation of this agreement or Export Laws; or (2) used for any purposes prohibited by the Export Laws, including, without limitation, nuclear, chemical, or biological weapons proliferation, or development of missile technology

VII. ENTIRE AGREEMENT: This Agreement constitutes the entire Agreement between you and Oracle with reference to your use of the Programs on a trial basis. 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. 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.

VIII. MISCELLANEOUS: Upon 45 days written notice, Oracle may audit your use of the Programs. You agree to cooperate with Oracle's audit and provide reasonable assistance and access to information. You agree to pay within 30 days of written notification any underpaid fees. If you do not pay, Oracle can end your technical support, licenses and/or this Agreement.

Last updated 28 May 2014