Oracle License Agreement for Zoom Marketplace
Please scroll down and read all of the following terms and conditions of this Oracle license agreement (“agreement”) carefully before clicking on “agree” or similar button or downloading, installing, or using this program. This agreement is a legally binding contract between you and Oracle america, inc. that sets forth the terms and conditions that govern your use of the program. By clicking on “agree” or similar button or by downloading, installing and/or using the program, you agree to abide by all of the terms and conditions stated or referenced herein. If you do not agree to abide by these terms and conditions, do not click on “agree” or similar button and do not download, install or use the program. You must accept and abide by these terms and conditions as presented to you – any changes, additions or deletions by you to these terms and conditions will not be accepted by Oracle and will not be part of this agreement.
"Oracle" 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 has agreed to use the Program (as defined below) in accordance with this Agreement. "Program" refers to the software application provided with this Agreement and any program documentation provided by Oracle and licensed to you subject to the terms and conditions of this Agreement. “Oracle Solution” refers to the separately licensed Oracle products or cloud service offerings associated with the Program which You are an authorized user of pursuant to the terms of the Oracle Solution Agreement. “Oracle Solution Agreement” refers to the Oracle license or services agreement for the Oracle Solution and governs Your use of the Oracle Solution. This Agreement does not change or modify the terms and conditions of the Oracle Solution Agreement.
1. License
On the condition that: (1) you are a current Oracle customer of the Oracle Solution; (2) you are subject to a separate, Oracle Solution Agreement for Your Oracle Solution; and (3) you accept all of the terms contained herein, Oracle grants you a nonexclusive, nontransferable, nonsublicensable, revocable, limited right and license to use the Program solely for Your internal business operations in connection with Your authorized use of the Oracle Solution. The Program may not be modified or altered in any way. You agree to comply with any applicable third party terms when using the Program.
Your right to use the Program will cease upon the earlier of (i) the expiration, termination or suspension of the Oracle Solution Agreement, (ii) the expiration, termination or suspension of Your status as an authorized user of the Oracle Solution; or (iii) upon the termination of the Agreement under section 11 of the Agreement. Oracle may audit Your use of the Program. You are not permitted to use the Program for any purpose other than in connection with Your authorized use of the Oracle Solution. You agree to comply with any applicable third party terms when using the Program.
2. Ownership and Restrictions
Oracle or its licensors retain all ownership and intellectual property rights in the Program. All rights, title, and interest not expressly granted with respect to the Program are reserved.
You may not:
remove or modify any Program markings or any notice of Oracle’s or its licensors’ proprietary rights; make the Program available in any manner to any third party; use the Program to provide third party training; assign this Agreement or distribute, give or transfer the Program 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 Program (the foregoing prohibition includes but is not limited to review of data structures or similar materials produced by Programs); create derivative works based on the Program; disclose results of any Program benchmark tests without Oracle’s prior written consent; or use any Oracle name, trademark or logo.
3. Technical Support
Technical support for the Program, if any, will be provided to You in accordance with the Oracle Solution Agreement.
4. Privacy and Security
The Oracle Privacy Policy is available at http://www.oracle.com/legal/privacy/. The Oracle Privacy Policy is subject to change at Oracle’s discretion. You are responsible for (a) any required notices, consents and/or authorizations related to Your use of, and our processing of, any data transferred through the Program (including any personal data), (b) any security vulnerabilities, and the consequences of such vulnerabilities, arising from Your data, including any viruses, Trojan horses, worms or other harmful programming routines contained in Your data, and (c) any use by you or Your users of the Program in a manner that is inconsistent with the terms of this Agreement or any applicable third party terms. To the extent you disclose or transmit Your data to a third party, Oracle is no longer responsible for the security, integrity or confidentiality of such data outside of Oracle’s control.
5. Export Controls
Export laws and regulations of the United States and any other relevant local export laws and regulations apply to the Program. You agree that such export control laws govern Your use of the Program (including technical data) 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 and/or Program 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. You represent and warrant that: (i) You are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a "terrorist supporting" country; and (ii) You are not listed on any U.S. Government list of prohibited or restricted parties.
6. Disclaimer of Warranties
The program is provided "as is" without warranty of any kind. Oracle expressly disclaims all warranties of any kind, express and implied, including without limitation, any implied warranties of merchantability, fitness for a particular purpose or noninfringement. The program is used at your own discretion and risk. Oracle shall have no responsibility for any damage to your computer system or loss of data that results from the download or use of the program.
7. No Guarantee of Third Party Services
The Program may be designed to allow Oracle Solutions to interface with third party products, websites and services ("Third Party Offerings"). Third Party Offerings are not under the control or operation of Oracle. You agree that Oracle is not responsible for the availability of, content provided on, or performance of such Third Party Offerings. You should refer to the policies posted by such third parties regarding privacy, access and other topics before you use them. If you choose to purchase any products or services from a third party, Your relationship shall be directly with such third party. You explicitly acknowledge that Oracle does not endorse and is not responsible for (1) the contents of any linked site or any site linked to from a linked site; (2) the quality of any third party products or services; (3) fulfilling the terms of any agreement to purchase third party products or services, including delivery of products and services and warranty obligations related to purchased products or services; or (4) any loss or damages of any sort you may incur from dealing with any such third party.
8. Limitation of Liability
in no event shall Oracle be liable for any indirect, incidental, punitive, special 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).
9. Relationship Between the Parties
The relationship between you and Oracle 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.
10. Governing Law and Jurisdiction
This Agreement is governed by and construed in accordance with the substantive and procedural laws of the United States and the State of California, except that body of California law concerning conflicts of law. 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. The United Nations Convention on Contracts for the International Sale of Goods and the Uniform Computer Information Transactions Act do not apply to this Agreement.
11. End of Agreement
You may terminate this Agreement by destroying all copies of the Program. Your right to use the Program shall end immediately if you fail to comply with any of the terms set forth in this Agreement, or as otherwise set forth in the “License” section above, in which case you shall destroy all copies of the Program. The provisions of this Agreement that by their nature continue shall survive any expiration or termination of this Agreement.
12. Entire Agreement
You agree that this Agreement is the complete agreement pertaining to the subject matter hereof (including references to information contained in a URL or referenced policy) and this Agreement supersedes all prior or contemporaneous written or oral agreements or representations existing between You and Oracle with respect to such subject matter. You acknowledge that the terms of this Agreement (including the license for the Program) are separate from the terms governing the Oracle Solution, and that this Agreement does not include the grant of any right to use the Oracle Solution. If any term of this Agreement is found to be invalid or unenforceable, the remaining provisions will remain effective. Oracle's failure to enforce any right or provisions in this Agreement will not constitute a waiver of such provision, or any other provision of this Agreement.