/[gentoo-x86]/licenses/oracle-jdbc
Gentoo

Contents of /licenses/oracle-jdbc

Parent Directory Parent Directory | Revision Log Revision Log


Revision 1.2 - (hide annotations) (download)
Sat Jun 9 18:28:58 2007 UTC (12 years, 11 months ago) by caster
Branch: MAIN
CVS Tags: HEAD
Changes since 1.1: +193 -109 lines
Update oracle-jdbc licence.

1 caster 1.2 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 absinthe 1.1
73     License Rights
74 caster 1.2 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 absinthe 1.1
83     Ownership and Restrictions
84 caster 1.2 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 absinthe 1.1
88     You may not:
89 caster 1.2 - 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 absinthe 1.1
103     Program Distribution
104 caster 1.2 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 absinthe 1.1
128     Export
129 caster 1.2 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 absinthe 1.1
138     Disclaimer of Warranty and Exclusive Remedies
139    
140 caster 1.2 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 absinthe 1.1
152     No Technical Support
153 caster 1.2 Our technical support organization will not provide technical support, phone
154     support, or updates to you for the programs licensed under this agreement.
155 absinthe 1.1
156     Restricted Rights
157 caster 1.2 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 absinthe 1.1 NOTICE OF RESTRICTED RIGHTS
162 caster 1.2 "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 absinthe 1.1
172     End of Agreement
173 caster 1.2 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 absinthe 1.1
178     Relationship Between the Parties
179 caster 1.2 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 absinthe 1.1 in such software.
187    
188     Open Source
189 caster 1.2 "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 absinthe 1.1 modifications thereto to become subject to the terms of the GPL.
206    
207     Entire Agreement
208 caster 1.2 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 absinthe 1.1
221 caster 1.2 Oracle may contact you to ask if you had a satisfactory experience installing
222     and using this OTN software download.

  ViewVC Help
Powered by ViewVC 1.1.20