Oracle Technology Network Early Adopter License Terms
Pre-Production version of Oracle Solaris 11
Export Controls on the Program
Selecting the "Accept License Agreement" (or the equivalent) button is a confirmation of your agreement that you comply, now and during the trial term, with each of the following statements:
-You are not a citizen, national, or resident of, and are not under control of, the government of Cuba, Iran, Sudan, North Korea, Syria, nor any country subject to United States trade sanctions.
-You will not download, provide, make available or otherwise export or re-export the Program, directly or indirectly, to the above mentioned countries nor to citizens, nationals or residents of those countries, wherever located.
-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 Program, 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 United States law, including, without limitation, for the development, design, manufacture or production of nuclear, chemical or biological weapons of mass destruction.
You agree that U.S. export control laws and other applicable export
and import laws govern your use of the Program, including technical
data; additional information can be found on Oracle's Global Trade
Compliance web site (http://www.oracle.com/products/export).
You agree that neither the Program 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.
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 Program from Oracle. "Program" refers to the pre-production release version of the Oracle software product you wish to download and use and related documentation, if any. "License" refers to your right to use the Program under the terms of this agreement. "Confidential Information" includes (a) the Program and all information related thereto, including but not limited to features, requirements, designs, specifications and documentation; and (b) any other information disclosed by Oracle hereunder and marked or identified as confidential at the time of disclosure. Confidential Information does not include information which (a) is or becomes a part of the public domain through no act or omission of you; or (b) was in your lawful possession prior to the disclosure and had not been obtained by you either directly or indirectly from us; or (c) is lawfully disclosed to you by a third party without restriction on disclosure; or (d) is independently developed by you. This agreement is governed by California 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.
We are willing to license the Program 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 at the bottom of the page to confirm your acceptance. If you are not willing to be bound by these terms, select the "Decline License Agreement" (or the equivalent) button and the registration process will not continue.
We grant you a nonexclusive, nontransferable, limited license to
use the Program only for the purpose of internal evaluation and
testing of the Program and/or developing, testing, prototyping and
demonstrating your applications that run on the Program, and not
for any other purpose. If you want to use the Program or the application
you develop under this license for any internal data processing
or internal business operations or for any commercial or production
purposes, or you want to use the Program for any purpose other than
as permitted under this agreement, you must obtain a production
release version of the Program by contacting us or an Oracle reseller
to obtain the appropriate license. 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 Program. Program documentation, if available, may be
accessed online at http://www.oracle.com/technetwork/indexes/documentation/index.html.
Collection of Information
Ownership and Restrictions
We retain all ownership and intellectual property rights in the Program. The Program may be installed on one computer only, and used by one person in the hardware environment identified by us. You may make one copy of the Program for backup purposes.
You may not:
- use the Program for your own internal data processing or internal business operations or for any commercial or production purposes, or use the Program for any purpose except as permitted under this agreement;
- continue to use the Program for a period longer than: (a) six months; or, (b) after the general availability of the Program, if any;
- use the application you develop with the Program for any internal data processing or internal business operations or commercial or production purposes without obtaining a production release version of the Program by securing an appropriate license from us;
- except as may be provided under applicable Separate Terms for Separately Licensed Third Party Technology (both terms as defined below), distribute the Program or any application developed using the Program without obtaining a production release version of the Program, if any, by securing an appropriate license from us;
- remove or modify any Program markings or any notice of our proprietary rights;
- make the Program available or accessible in any manner to any third party;
- use the Program to provide third party training;
- assign this agreement or 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;
- disclose results of any Program benchmark tests without our prior consent; or
- disclose Confidential Information to any third party without our prior consent.
Any Content that is provided to and shared with Oracle relating to the Program shall be received and treated by Oracle on a non-confidential and unrestricted basis ("Feedback"), and Oracle shall have a worldwide, perpetual, royalty-free, irrevocable, nonexclusive, fully sublicensable license to use, reproduce, modify, adapt, translate, publish, publicly perform, publicly display, broadcast, transmit and distribute the Feedback for any purpose and in any form, medium, or technology now known or later developed. This includes, without limitation, the right to incorporate or implement the Feedback into any Oracle product or service, and to display, market, sublicense and distribute the Feedback as incorporated or embedded in any product or service distributed or offered by Oracle without compensation to you.
You agree that U.S. export control laws and other applicable export and import laws govern your use of the Program, including technical data; additional information can be found on Oracle's Global Trade Compliance web site located at:
http://www.oracle.com/products/export/index.html?content/html. You agree that neither the Program 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.
Disclaimer of Warranty and Exclusive Remedies
THE PROGRAM IS 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 Program licensed under this agreement.
End of Agreement
This agreement, and your right to use the Program, will be terminated: (i) automatically upon the release of production-release versions of the Program, in which case you shall destroy all copies of the Program; (ii) by you, by destroying all copies of the Program; or, (iii) by us if you fail to comply with any of the terms of this agreement, in which case you shall destroy all copies of the Program.
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 Program, you must ensure that your use does not: (i) create, or purport to create, obligations of us with respect to the Program; 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 Program. For example, you may not develop a software program using the Program and an Open Source program where such use results in a program file(s) that contains code from both the 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 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 Program or any modifications thereto to become subject to the terms of the GPL.
Third Party Technology
The Program may contain or be distributed with third party technology. We may provide certain notices to you in program documentation or otherwise in connection with such third party technology. For clarity, the existence of a notice does not affect the terms under which third party technology is licensed to you.
Third party technology will be licensed to you either under the terms of this agreement, or, if specified in the Program 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"). Your rights to use such Separately Licensed Third Party Technology under the Separate Terms are not restricted or modified in any way by this agreement. If applicable Separate Terms permit you to distribute Separately Licensed Third Party Technology, you agree to include with the distribution all such notices and any associated source code for third party technology as specified, in the form and to the extent such source code is provided by us.
You agree that this agreement is the complete agreement for the Program and licenses, and this agreement supersedes all prior or contemporaneous agreements or representations, and prevails over any conflicting or additional terms provided by Oracle with or as part of the Program. If any term of this agreement is found to be invalid or unenforceable, the remaining provisions will remain effective.
Last updated: June 24, 2011
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.