Export Controls on the 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:
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.
Note: You are bound by the Oracle Technology Network ("OTN") License Agreement terms. The OTN License Agreement terms also apply to all updates you receive under your Technology Track subscription.
The OTN License Agreement terms below supersede any shrinkwrap license on the OTN Technology Track software CDs and previous OTN License terms (including the Oracle Program License as modified by the OTN Program Use Certificate).
ORACLE TECHNOLOGY NETWORK DEVELOPMENT 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 software product associated with this agreement that you wish to download and use and program documentation. "Developer Desktop Computer” refers to your physical computer that is accessed and used for software development and testing purposes by only one person (each “Your Developer”) and with respect to use of the Programs does not participate in a Shared Development Environment. A Developer Desktop Computer may, for Your Developer's sole use, host one or more multiple virtual machines containing the Programs. “Shared Development Environment” refers to (a) software development occurring in a network or computer infrastructure shared by multiple people; and/or (b) software development occurring on a computer that is not dedicated to use only by Your Developer. “Unit Testing” refers to the testing of sets of one or more computer program modules making up a portion of an application together with control data, usage procedures, and operating procedures to determine if such computer program module(s) meet operation objectives. "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.
We grant you a nonexclusive, nontransferable limited license to use the Programs only for the purpose of developing, testing (including Unit Testing with production data), prototyping and demonstrating your application(s), and not for any other purpose. This license permits you to allow each of Your Developers to deploy the Programs on one Developer Desktop Computer. You may not use the Programs in a Shared Development Environment. For deployment of the application(s) you develop under this license for any internal data processing or for any commercial or production purposes, or if you want to use the Programs for any purpose other than as permitted under this agreement, you must first obtain a production release version of the Programs by contacting us or an Oracle reseller to obtain the appropriate license. You may continue to develop, test, prototype and demonstrate your application(s) with the Programs under this license after you have deployed the application(s) for any internal data processing, commercial or production purposes (subject to the requirement to procure a production release version of the Programs as described in the preceding sentence). You acknowledge that we may not produce a production release version of the program and any development efforts undertaken by you are at your own risk. We may audit your use of the Programs. Program documentation, if available, may be accessed online at https://docs.oracle.com/en/. We reserve all rights not expressly granted in this agreement.
Ownership and Restrictions
We retain all ownership and intellectual property rights in the Programs. For each of Your Developers, the Programs may be installed on one Developer Desktop Computer only, and used by Your Developer in the operating environment identified by us. You may make one copy of the Programs for backup purposes. You are responsible for each of Your Developer’s compliance with this agreement.
You may not:
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).
Trial Programs Included With Orders
We may include additional Programs with an order which may be used for trial purposes only. You will have 30 days from the delivery date to evaluate these Programs. Any use of these Programs after the 30 day trial period requires you to obtain the applicable license. Programs licensed for trial purposes are provided "as is" and we do not provide technical support or any warranties for these Programs.
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 - 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 the 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 program 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: 11 July 2014
Should you have any questions concerning this License Agreement, or if you desire to contact Oracle for any reason, please write:
Oracle may contact you to ask if you had a satisfactory experience installing and using this OTN software download.