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Wed May 14 09:59:21 2003 UTC (17 years ago) by absinthe
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License for use in dev-java/jdbc-oracle.

1 absinthe 1.1 ORACLE TECHNOLOGY NETWORK DEVELOPMENT AND DISTRIBUTION LICENSE AGREEMENT
2     "We," "us," and "our" refers to Oracle Corporation. "You" and "your" refers to the individual
3     or entity that has ordered the programs from Oracle. "Programs" refers to the software
4     product which you have ordered and program documentation. "License" refers to your right to
5     use the programs under the terms of this agreement. This agreement is governed by the
6     substantive and procedural laws of California. You and Oracle agree to submit to the
7     exclusive jurisdiction of, and venue in, the courts of San Francisco, San Mateo, or Santa
8     Clara counties in California in any dispute arising out of or relating to this agreement.
9    
10     We are willing to license the programs to you only upon the condition that you accept all of
11     the terms contained in this agreement. Read the terms carefully and select the "Accept"
12     button at the bottom of the page to confirm your acceptance. If you are not willing to be
13     bound by these terms, select the "Do Not Accept" button and the registration process will not
14     continue.
15    
16     License Rights
17     We grant you a nonexclusive, nontransferable limited license to use the programs only for
18     purposes of developing and prototyping your applications. You may also distribute the
19     programs with your applications to your customers. If you want to use the programs for any
20     purpose other than as expressly permitted under this agreement you must contact us, or an
21     Oracle reseller, to obtain the appropriate license. We may audit your use of the programs.
22     Program documentation is either shipped with the programs, or documentation may accessed
23     online at http://otn.oracle.com/docs.
24    
25     Ownership and Restrictions
26     We retain all ownership and intellectual property rights in the programs. You may make a
27     sufficient number of copies of the programs for the licensed use and one copy of the programs
28     for backup purposes.
29    
30     You may not:
31     ·use the programs for any purpose other than as provided above;
32     ·distribute the programs unless accompanied with your applications;
33     ·charge your end users for use of the programs;
34     ·remove or modify any program markings or any notice of our proprietary rights;
35     ·use the programs to provide third party training;
36     ·assign this agreement or give the programs, program access or an interest in the programs to
37     any individual or entity except as provided under this agreement;
38     ·cause or permit reverse engineering or decompilation of the programs;
39     ·disclose results of any program benchmark tests without our prior consent; or,
40     ·use any Oracle name, trademark or logo.
41    
42     Program Distribution
43     We grant you a nonexclusive, nontransferable right to copy and distribute the programs to your
44     end users provided that you do not charge your end users for use of the programs and provided
45     your end users may only use the programs to run your applications for their business
46     operations. Prior to distributing the programs you shall require your end users to execute an
47     agreement binding them to terms consistent with those contained in this section and the
48     sections of this agreement entitled "License Rights," "Export," Disclaimer of Warranties and
49     Exclusive Remedies," "No Technical Support," "End of Agreement," "Relationship Between the
50     Parties," and "Open Source." You must also include a provision stating that your end users
51     shall have no right to distribute the programs, and a provision specifying us as a third party
52     beneficiary of the agreement. You are responsible for obtaining these agreements with your
53     end users.
54    
55     You agree to: (a) defend and indemnify us against all claims and damages caused by your
56     distribution of the programs in breach of this agreements and/or failure to include the
57     required contractual provisions in your end user agreement as stated above; (b) keep executed
58     end user agreements and records of end user information including name, address, date of
59     distribution and identity of programs distributed; (c) allow us to inspect your end user
60     agreements and records upon request; and, (d) enforce the terms of your end user agreements so
61     as to effect a timely cure of any end user breach, and to notify us of any breach of the
62     terms.
63    
64     Export
65     You agree that U.S. export control laws and other applicable export and import laws govern
66     your use of the programs, including technical data. You agree that neither the programs nor
67     any direct product thereof will be exported, directly, or indirectly, in violation of these
68     laws, or will be used for any purpose prohibited by these laws including, without limitation,
69     nuclear, chemical, or biological weapons proliferation.
70    
71     Disclaimer of Warranty and Exclusive Remedies
72    
73     THE PROGRAMS ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND. WE FURTHER DISCLAIM ALL
74     WARRANTIES, EXPRESS AND IMPLIED, INCLUDING WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF
75     MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
76    
77     IN NO EVENT SHALL WE BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE OR
78     CONSEQUENTIAL DAMAGES, OR DAMAGES FOR LOSS OF PROFITS, REVENUE, DATA OR DATA USE, INCURRED BY
79     YOU OR ANY THIRD PARTY, WHETHER IN AN ACTION IN CONTRACT OR TORT, EVEN IF WE HAVE BEEN ADVISED
80     OF THE POSSIBILITY OF SUCH DAMAGES. OUR ENTIRE LIABILITY FOR DAMAGES HEREUNDER SHALL IN NO
81     EVENT EXCEED ONE THOUSAND DOLLARS (U.S. $1,000).
82    
83     No Technical Support
84     Our technical support organization will not provide technical support, phone support, or
85     updates to you for the programs licensed under this agreement.
86    
87     Restricted Rights
88     If you distribute a license to the United States government, the programs, including
89     documentation, shall be considered commercial computer software and you will place a legend,
90     in addition to applicable copyright notices, on the documentation, and on the media label,
91     substantially similar to the following:
92     NOTICE OF RESTRICTED RIGHTS
93     "Programs delivered subject to the DOD FAR Supplement are 'commercial computer software' and
94     use, duplication, and disclosure of the programs, including documentation, shall be subject to
95     the licensing restrictions set forth in the applicable Oracle license agreement. Otherwise,
96     programs delivered subject to the Federal Acquisition Regulations are 'restricted computer
97     software' and use, duplication, and disclosure of the programs, including documentation, shall
98     be subject to the restrictions in FAR 52.227-19, Commercial Computer Software-Restricted
99     Rights (June 1987). Oracle Corporation, 500 Oracle Parkway, Redwood City, CA 94065."
100    
101     End of Agreement
102     You may terminate this agreement by destroying all copies of the programs. We have the right
103     to terminate your right to use the programs if you fail to comply with any of the terms of
104     this agreement, in which case you shall destroy all copies of the programs.
105    
106     Relationship Between the Parties
107     The relationship between you and us is that of licensee/licensor. Neither party will
108     represent that it has any authority to assume or create any obligation, express or implied, on
109     behalf of the other party, nor to represent the other party as agent, employee, franchisee, or
110     in any other capacity. Nothing in this agreement shall be construed to limit either party's
111     right to independently develop or distribute software that is functionally similar to the
112     other party's products, so long as proprietary information of the other party is not included
113     in such software.
114    
115     Open Source
116     "Open Source" software - software available without charge for use, modification and
117     distribution - is often licensed under terms that require the user to make the user's
118     modifications to the Open Source software or any software that the user 'combines' with the
119     Open Source software freely available in source code form. If you use Open Source software in
120     conjunction with the programs, you must ensure that your use does not: (i) create, or purport
121     to create, obligations of us with respect to the Oracle programs; or (ii) grant, or purport to
122     grant, to any third party any rights to or immunities under our intellectual property or
123     proprietary rights in the Oracle programs. For example, you may not develop a software
124     program using an Oracle program and an Open Source program where such use results in a program
125     file(s) that contains code from both the Oracle program and the Open Source program (including
126     without limitation libraries) if the Open Source program is licensed under a license that
127     requires any "modifications" be made freely available. You also may not combine the Oracle
128     program with programs licensed under the GNU General Public License ("GPL") in any manner that
129     could cause, or could be interpreted or asserted to cause, the Oracle program or any
130     modifications thereto to become subject to the terms of the GPL.
131    
132     Entire Agreement
133     You agree that this agreement is the complete agreement for the programs and licenses, and
134     this agreement supersedes all prior or contemporaneous agreements or representations. If any
135     term of this agreement is found to be invalid or unenforceable, the remaining provisions will
136     remain effective.
137    
138     Last updated: 5/7/02

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