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Update oracle-jdbc licence.

1 Oracle Technology Network Development and Distribution License Terms
2
3 Export Controls on the Programs
4 Selecting the "Accept License Agreement" button is a confirmation of your
5 agreement that you comply, now and during the trial term, with each of the
6 following statements:
7
8 -You are not a citizen, national, or resident of, and are not under control of,
9 the government of Cuba, Iran, Sudan, Libya, North Korea, Syria, nor any country
10 to which the United States has prohibited export.
11 -You will not download or otherwise export or re-export the Programs, directly
12 or indirectly, to the above mentioned countries nor to citizens, nationals or
13 residents of those countries.
14 -You are not listed on the United States Department of Treasury lists of
15 Specially Designated Nationals, Specially Designated Terrorists, and Specially
16 Designated Narcotic Traffickers, nor are you listed on the United States
17 Department of Commerce Table of Denial Orders.
18
19 You will not download or otherwise export or re-export the Programs, directly or
20 indirectly, to persons on the above mentioned lists.
21
22 You will not use the Programs for, and will not allow the Programs to be used
23 for, any purposes prohibited by United States law, including, without
24 limitation, for the development, design, manufacture or production of nuclear,
25 chemical or biological weapons of mass destruction.
26
27 EXPORT RESTRICTIONS
28 You agree that U.S. export control laws and other applicable export and import
29 laws govern your use of the programs, including technical data; additional
30 information can be found on Oracle®'s Global Trade Compliance web site
31 (http://www.oracle.com/products/export).
32
33 You agree that neither the programs nor any direct product thereof will be
34 exported, directly, or indirectly, in violation of these laws, or will be used
35 for any purpose prohibited by these laws including, without limitation, nuclear,
36 chemical, or biological weapons proliferation.
37
38 Oracle Employees: Under no circumstances are Oracle Employees authorized to
39 download software for the purpose of distributing it to customers. Oracle
40 products are available to employees for internal use or demonstration purposes
41 only. In keeping with Oracle's trade compliance obligations under U.S. and
42 applicable multilateral law, failure to comply with this policy could result in
43 disciplinary action up to and including termination.
44
45 Note: You are bound by the Oracle Technology Network ("OTN") License Agreement
46 terms. The OTN License Agreement terms also apply to all updates you receive
47 under your Technology Track subscription.
48
49 The OTN License Agreement terms below supercede any shrinkwrap license on the
50 OTN Technology Track software CDs and previous OTN License terms (including the
51 Oracle Program License as modified by the OTN Program Use Certificate).
52
53 Oracle Technology Network Development and Distribution License Agreement
54
55
56 "We," "us," and "our" refers to Oracle USA, Inc., for and on behalf of itself
57 and its subsidiaries and affiliates under common control. "You" and "your"
58 refers to the individual or entity that wishes to use the programs from Oracle.
59 "Programs" refers to the software product you wish to download and use and
60 program documentation. "License" refers to your right to use the programs under
61 the terms of this agreement. This agreement is governed by the substantive and
62 procedural laws of California. You and Oracle agree to submit to the exclusive
63 jurisdiction of, and venue in, the courts of San Francisco, San Mateo, or Santa
64 Clara counties in California in any dispute arising out of or relating to this
65 agreement.
66
67 We are willing to license the programs to you only upon the condition that you
68 accept all of the terms contained in this agreement. Read the terms carefully
69 and select the "Accept" button at the bottom of the page to confirm your
70 acceptance. If you are not willing to be bound by these terms, select the "Do
71 Not Accept" button and the registration process will not continue.
72
73 License Rights
74 We grant you a nonexclusive, nontransferable limited license to use the programs
75 for purposes of developing your applications. You may also distribute the
76 programs with your applications to your customers. If you want to use the
77 programs for any purpose other than as expressly permitted under this agreement
78 you must contact us, or an Oracle reseller, to obtain the appropriate license.
79 We may audit your use of the programs. Program documentation is either shipped
80 with the programs, or documentation may accessed online at
81 http://otn.oracle.com/docs.
82
83 Ownership and Restrictions
84 We retain all ownership and intellectual property rights in the programs. You
85 may make a sufficient number of copies of the programs for the licensed use and
86 one copy of the programs for backup purposes.
87
88 You may not:
89 - use the programs for any purpose other than as provided above;
90 - distribute the programs unless accompanied with your applications;
91 - charge your end users for use of the programs;
92 - remove or modify any program markings or any notice of our proprietary rights;
93 - use the programs to provide third party training on the content and/or
94 functionality of the programs, except for training your licensed users;
95 - assign this agreement or give the programs, program access or an interest in
96 the programs to any individual or entity except as provided under this
97 agreement;
98 - cause or permit reverse engineering (unless required by law for
99 interoperability), disassembly or decompilation of the programs;
100 - disclose results of any program benchmark tests without our prior consent; or,
101 - use any Oracle name, trademark or logo.
102
103 Program Distribution
104 We grant you a nonexclusive, nontransferable right to copy and distribute the
105 programs to your end users provided that you do not charge your end users for
106 use of the programs and provided your end users may only use the programs to run
107 your applications for their business operations. Prior to distributing the
108 programs you shall require your end users to execute an agreement binding them
109 to terms consistent with those contained in this section and the sections of
110 this agreement entitled "License Rights," "Ownership and Restrictions,"
111 "Export," "Disclaimer of Warranties and Exclusive Remedies," "No Technical
112 Support," "End of Agreement," "Relationship Between the Parties," and "Open
113 Source." You must also include a provision stating that your end users shall
114 have no right to distribute the programs, and a provision specifying us as a
115 third party beneficiary of the agreement. You are responsible for obtaining
116 these agreements with your end users.
117
118 You agree to: (a) defend and indemnify us against all claims and damages caused
119 by your distribution of the programs in breach of this agreements and/or failure
120 to include the required contractual provisions in your end user agreement as
121 stated above; (b) keep executed end user agreements and records of end user
122 information including name, address, date of distribution and identity of
123 programs distributed; (c) allow us to inspect your end user agreements and
124 records upon request; and, (d) enforce the terms of your end user agreements so
125 as to effect a timely cure of any end user breach, and to notify us of any
126 breach of the terms.
127
128 Export
129 You agree that U.S. export control laws and other applicable export and import
130 laws govern your use of the programs, including technical data; additional
131 information can be found on Oracle's Global Trade Compliance web site located at
132 http://www.oracle.com/products/export/index.html?content.html. You agree that
133 neither the programs nor any direct product thereof will be exported, directly,
134 or indirectly, in violation of these laws, or will be used for any purpose
135 prohibited by these laws including, without limitation, nuclear, chemical, or
136 biological weapons proliferation.
137
138 Disclaimer of Warranty and Exclusive Remedies
139
140 THE PROGRAMS ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND. WE FURTHER
141 DISCLAIM ALL WARRANTIES, EXPRESS AND IMPLIED, INCLUDING WITHOUT LIMITATION, ANY
142 IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR
143 NONINFRINGEMENT.
144
145 IN NO EVENT SHALL WE BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE
146 OR CONSEQUENTIAL DAMAGES, OR DAMAGES FOR LOSS OF PROFITS, REVENUE, DATA OR DATA
147 USE, INCURRED BY YOU OR ANY THIRD PARTY, WHETHER IN AN ACTION IN CONTRACT OR
148 TORT, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. OUR
149 ENTIRE LIABILITY FOR DAMAGES HEREUNDER SHALL IN NO EVENT EXCEED ONE THOUSAND
150 DOLLARS (U.S. $1,000).
151
152 No Technical Support
153 Our technical support organization will not provide technical support, phone
154 support, or updates to you for the programs licensed under this agreement.
155
156 Restricted Rights
157 If you distribute a license to the United States government, the programs,
158 including documentation, shall be considered commercial computer software and
159 you will place a legend, in addition to applicable copyright notices, on the
160 documentation, and on the media label, substantially similar to the following:
161 NOTICE OF RESTRICTED RIGHTS
162 "Programs delivered subject to the DOD FAR Supplement are 'commercial computer
163 software' and use, duplication, and disclosure of the programs, including
164 documentation, shall be subject to the licensing restrictions set forth in the
165 applicable Oracle license agreement. Otherwise, programs delivered subject to
166 the Federal Acquisition Regulations are 'restricted computer software' and use,
167 duplication, and disclosure of the programs, including documentation, shall be
168 subject to the restrictions in FAR 52.227-19, Commercial Computer
169 Software-Restricted Rights (June 1987). Oracle USA, Inc., 500 Oracle Parkway,
170 Redwood City, CA 94065."
171
172 End of Agreement
173 You may terminate this agreement by destroying all copies of the programs. We
174 have the right to terminate your right to use the programs if you fail to comply
175 with any of the terms of this agreement, in which case you shall destroy all
176 copies of the programs.
177
178 Relationship Between the Parties
179 The relationship between you and us is that of licensee/licensor. Neither party
180 will represent that it has any authority to assume or create any obligation,
181 express or implied, on behalf of the other party, nor to represent the other
182 party as agent, employee, franchisee, or in any other capacity. Nothing in this
183 agreement shall be construed to limit either party's right to independently
184 develop or distribute software that is functionally similar to the other party's
185 products, so long as proprietary information of the other party is not included
186 in such software.
187
188 Open Source
189 "Open Source" software - software available without charge for use, modification
190 and distribution - is often licensed under terms that require the user to make
191 the user's modifications to the Open Source software or any software that the
192 user 'combines' with the Open Source software freely available in source code
193 form. If you use Open Source software in conjunction with the programs, you must
194 ensure that your use does not: (i) create, or purport to create, obligations of
195 us with respect to the Oracle programs; or (ii) grant, or purport to grant, to
196 any third party any rights to or immunities under our intellectual property or
197 proprietary rights in the Oracle programs. For example, you may not develop a
198 software program using an Oracle program and an Open Source program where such
199 use results in a program file(s) that contains code from both the Oracle program
200 and the Open Source program (including without limitation libraries) if the Open
201 Source program is licensed under a license that requires any "modifications" be
202 made freely available. You also may not combine the Oracle program with programs
203 licensed under the GNU General Public License ("GPL") in any manner that could
204 cause, or could be interpreted or asserted to cause, the Oracle program or any
205 modifications thereto to become subject to the terms of the GPL.
206
207 Entire Agreement
208 You agree that this agreement is the complete agreement for the programs and
209 licenses, and this agreement supersedes all prior or contemporaneous agreements
210 or representations. If any term of this agreement is found to be invalid or
211 unenforceable, the remaining provisions will remain effective.
212
213 Last updated: 03/09/05
214
215 Should you have any questions concerning this License Agreement, or if you
216 desire to contact Oracle for any reason, please write:
217 Oracle USA, Inc.
218 500 Oracle Parkway,
219 Redwood City, CA 94065
220
221 Oracle may contact you to ask if you had a satisfactory experience installing
222 and using this OTN software download.

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