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1ORACLE TECHNOLOGY NETWORK DEVELOPMENT AND DISTRIBUTION LICENSE AGREEMENT 1Oracle Technology Network Development and Distribution License Terms
2"We," "us," and "our" refers to Oracle Corporation. "You" and "your" refers to the individual 2
3or entity that has ordered the programs from Oracle. "Programs" refers to the software 3Export Controls on the Programs
4product which you have ordered and program documentation. "License" refers to your right to 4Selecting the "Accept License Agreement" button is a confirmation of your
5agreement that you comply, now and during the trial term, with each of the
6following statements:
7
8-You are not a citizen, national, or resident of, and are not under control of,
9the government of Cuba, Iran, Sudan, Libya, North Korea, Syria, nor any country
10to which the United States has prohibited export.
11-You will not download or otherwise export or re-export the Programs, directly
12or indirectly, to the above mentioned countries nor to citizens, nationals or
13residents of those countries.
14-You are not listed on the United States Department of Treasury lists of
15Specially Designated Nationals, Specially Designated Terrorists, and Specially
16Designated Narcotic Traffickers, nor are you listed on the United States
17Department of Commerce Table of Denial Orders.
18
19You will not download or otherwise export or re-export the Programs, directly or
20indirectly, to persons on the above mentioned lists.
21
22You will not use the Programs for, and will not allow the Programs to be used
23for, any purposes prohibited by United States law, including, without
24limitation, for the development, design, manufacture or production of nuclear,
25chemical or biological weapons of mass destruction.
26
27EXPORT RESTRICTIONS
28You agree that U.S. export control laws and other applicable export and import
29laws govern your use of the programs, including technical data; additional
30information can be found on OracleĀ®'s Global Trade Compliance web site
31(http://www.oracle.com/products/export).
32
33You agree that neither the programs nor any direct product thereof will be
34exported, directly, or indirectly, in violation of these laws, or will be used
35for any purpose prohibited by these laws including, without limitation, nuclear,
36chemical, or biological weapons proliferation.
37
38Oracle Employees: Under no circumstances are Oracle Employees authorized to
39download software for the purpose of distributing it to customers. Oracle
40products are available to employees for internal use or demonstration purposes
41only. In keeping with Oracle's trade compliance obligations under U.S. and
42applicable multilateral law, failure to comply with this policy could result in
43disciplinary action up to and including termination.
44
45Note: You are bound by the Oracle Technology Network ("OTN") License Agreement
46terms. The OTN License Agreement terms also apply to all updates you receive
47under your Technology Track subscription.
48
49The OTN License Agreement terms below supercede any shrinkwrap license on the
50OTN Technology Track software CDs and previous OTN License terms (including the
51Oracle Program License as modified by the OTN Program Use Certificate).
52
53Oracle 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
57and its subsidiaries and affiliates under common control. "You" and "your"
58refers 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
60program documentation. "License" refers to your right to use the programs under
5use the programs under the terms of this agreement. This agreement is governed by the 61the terms of this agreement. This agreement is governed by the substantive and
6substantive and procedural laws of California. You and Oracle agree to submit to the 62procedural laws of California. You and Oracle agree to submit to the exclusive
7exclusive jurisdiction of, and venue in, the courts of San Francisco, San Mateo, or Santa 63jurisdiction of, and venue in, the courts of San Francisco, San Mateo, or Santa
8Clara counties in California in any dispute arising out of or relating to this agreement. 64Clara counties in California in any dispute arising out of or relating to this
65agreement.
9 66
10We are willing to license the programs to you only upon the condition that you accept all of 67We are willing to license the programs to you only upon the condition that you
11the terms contained in this agreement. Read the terms carefully and select the "Accept" 68accept all of the terms contained in this agreement. Read the terms carefully
12button at the bottom of the page to confirm your acceptance. If you are not willing to be 69and select the "Accept" button at the bottom of the page to confirm your
13bound by these terms, select the "Do Not Accept" button and the registration process will not 70acceptance. If you are not willing to be bound by these terms, select the "Do
14continue. 71Not Accept" button and the registration process will not continue.
15 72
16License Rights 73License Rights
17We grant you a nonexclusive, nontransferable limited license to use the programs only for 74We grant you a nonexclusive, nontransferable limited license to use the programs
18purposes of developing and prototyping your applications. You may also distribute the 75for purposes of developing your applications. You may also distribute the
19programs with your applications to your customers. If you want to use the programs for any 76programs with your applications to your customers. If you want to use the
20purpose other than as expressly permitted under this agreement you must contact us, or an 77programs for any purpose other than as expressly permitted under this agreement
21Oracle reseller, to obtain the appropriate license. We may audit your use of the programs. 78you must contact us, or an Oracle reseller, to obtain the appropriate license.
22Program documentation is either shipped with the programs, or documentation may accessed 79We may audit your use of the programs. Program documentation is either shipped
80with the programs, or documentation may accessed online at
23online at http://otn.oracle.com/docs. 81http://otn.oracle.com/docs.
24 82
25Ownership and Restrictions 83Ownership and Restrictions
26We retain all ownership and intellectual property rights in the programs. You may make a 84We retain all ownership and intellectual property rights in the programs. You
27sufficient number of copies of the programs for the licensed use and one copy of the programs 85may make a sufficient number of copies of the programs for the licensed use and
28for backup purposes. 86one copy of the programs for backup purposes.
29 87
30You may not: 88You may not:
31·use the programs for any purpose other than as provided above; 89- use the programs for any purpose other than as provided above;
32·distribute the programs unless accompanied with your applications; 90- distribute the programs unless accompanied with your applications;
33·charge your end users for use of the programs; 91- charge your end users for use of the programs;
34·remove or modify any program markings or any notice of our proprietary rights; 92- remove or modify any program markings or any notice of our proprietary rights;
35·use the programs to provide third party training; 93- use the programs to provide third party training on the content and/or
94functionality of the programs, except for training your licensed users;
36·assign this agreement or give the programs, program access or an interest in the programs to 95- assign this agreement or give the programs, program access or an interest in
37any individual or entity except as provided under this agreement; 96the programs to any individual or entity except as provided under this
38·cause or permit reverse engineering or decompilation of the programs; 97agreement;
98- cause or permit reverse engineering (unless required by law for
99interoperability), disassembly or decompilation of the programs;
39·disclose results of any program benchmark tests without our prior consent; or, 100- disclose results of any program benchmark tests without our prior consent; or,
40·use any Oracle name, trademark or logo. 101- use any Oracle name, trademark or logo.
41 102
42Program Distribution 103Program Distribution
43We grant you a nonexclusive, nontransferable right to copy and distribute the programs to your 104We grant you a nonexclusive, nontransferable right to copy and distribute the
44end users provided that you do not charge your end users for use of the programs and provided 105programs to your end users provided that you do not charge your end users for
45your end users may only use the programs to run your applications for their business 106use of the programs and provided your end users may only use the programs to run
46operations. Prior to distributing the programs you shall require your end users to execute an 107your applications for their business operations. Prior to distributing the
108programs you shall require your end users to execute an agreement binding them
47agreement binding them to terms consistent with those contained in this section and the 109to terms consistent with those contained in this section and the sections of
48sections of this agreement entitled "License Rights," "Export," Disclaimer of Warranties and 110this agreement entitled "License Rights," "Ownership and Restrictions,"
49Exclusive Remedies," "No Technical Support," "End of Agreement," "Relationship Between the 111"Export," "Disclaimer of Warranties and Exclusive Remedies," "No Technical
112Support," "End of Agreement," "Relationship Between the Parties," and "Open
50Parties," and "Open Source." You must also include a provision stating that your end users 113Source." You must also include a provision stating that your end users shall
51shall have no right to distribute the programs, and a provision specifying us as a third party 114have no right to distribute the programs, and a provision specifying us as a
52beneficiary of the agreement. You are responsible for obtaining these agreements with your 115third party beneficiary of the agreement. You are responsible for obtaining
53end users. 116these agreements with your end users.
54 117
55You agree to: (a) defend and indemnify us against all claims and damages caused by your 118You agree to: (a) defend and indemnify us against all claims and damages caused
56distribution of the programs in breach of this agreements and/or failure to include the 119by your distribution of the programs in breach of this agreements and/or failure
57required contractual provisions in your end user agreement as stated above; (b) keep executed 120to include the required contractual provisions in your end user agreement as
58end user agreements and records of end user information including name, address, date of 121stated above; (b) keep executed end user agreements and records of end user
59distribution and identity of programs distributed; (c) allow us to inspect your end user 122information including name, address, date of distribution and identity of
60agreements and records upon request; and, (d) enforce the terms of your end user agreements so 123programs distributed; (c) allow us to inspect your end user agreements and
124records upon request; and, (d) enforce the terms of your end user agreements so
61as to effect a timely cure of any end user breach, and to notify us of any breach of the 125as to effect a timely cure of any end user breach, and to notify us of any
62terms. 126breach of the terms.
63 127
64Export 128Export
65You agree that U.S. export control laws and other applicable export and import laws govern 129You agree that U.S. export control laws and other applicable export and import
66your use of the programs, including technical data. You agree that neither the programs nor 130laws govern your use of the programs, including technical data; additional
67any direct product thereof will be exported, directly, or indirectly, in violation of these 131information can be found on Oracle's Global Trade Compliance web site located at
68laws, or will be used for any purpose prohibited by these laws including, without limitation, 132http://www.oracle.com/products/export/index.html?content.html. You agree that
133neither the programs nor any direct product thereof will be exported, directly,
134or indirectly, in violation of these laws, or will be used for any purpose
135prohibited by these laws including, without limitation, nuclear, chemical, or
69nuclear, chemical, or biological weapons proliferation. 136biological weapons proliferation.
70 137
71Disclaimer of Warranty and Exclusive Remedies 138Disclaimer of Warranty and Exclusive Remedies
72 139
73THE PROGRAMS ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND. WE FURTHER DISCLAIM ALL 140THE PROGRAMS ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND. WE FURTHER
74WARRANTIES, EXPRESS AND IMPLIED, INCLUDING WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF 141DISCLAIM ALL WARRANTIES, EXPRESS AND IMPLIED, INCLUDING WITHOUT LIMITATION, ANY
75MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. 142IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR
143NONINFRINGEMENT.
76 144
77IN NO EVENT SHALL WE BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE OR 145IN NO EVENT SHALL WE BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE
78CONSEQUENTIAL DAMAGES, OR DAMAGES FOR LOSS OF PROFITS, REVENUE, DATA OR DATA USE, INCURRED BY 146OR CONSEQUENTIAL DAMAGES, OR DAMAGES FOR LOSS OF PROFITS, REVENUE, DATA OR DATA
79YOU OR ANY THIRD PARTY, WHETHER IN AN ACTION IN CONTRACT OR TORT, EVEN IF WE HAVE BEEN ADVISED 147USE, INCURRED BY YOU OR ANY THIRD PARTY, WHETHER IN AN ACTION IN CONTRACT OR
80OF THE POSSIBILITY OF SUCH DAMAGES. OUR ENTIRE LIABILITY FOR DAMAGES HEREUNDER SHALL IN NO 148TORT, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. OUR
81EVENT EXCEED ONE THOUSAND DOLLARS (U.S. $1,000). 149ENTIRE LIABILITY FOR DAMAGES HEREUNDER SHALL IN NO EVENT EXCEED ONE THOUSAND
150DOLLARS (U.S. $1,000).
82 151
83No Technical Support 152No Technical Support
84Our technical support organization will not provide technical support, phone support, or 153Our technical support organization will not provide technical support, phone
85updates to you for the programs licensed under this agreement. 154support, or updates to you for the programs licensed under this agreement.
86 155
87Restricted Rights 156Restricted Rights
88If you distribute a license to the United States government, the programs, including 157If you distribute a license to the United States government, the programs,
89documentation, shall be considered commercial computer software and you will place a legend, 158including documentation, shall be considered commercial computer software and
90in addition to applicable copyright notices, on the documentation, and on the media label, 159you will place a legend, in addition to applicable copyright notices, on the
91substantially similar to the following: 160documentation, and on the media label, substantially similar to the following:
92NOTICE OF RESTRICTED RIGHTS 161NOTICE OF RESTRICTED RIGHTS
93"Programs delivered subject to the DOD FAR Supplement are 'commercial computer software' and 162"Programs delivered subject to the DOD FAR Supplement are 'commercial computer
163software' and use, duplication, and disclosure of the programs, including
164documentation, shall be subject to the licensing restrictions set forth in the
165applicable Oracle license agreement. Otherwise, programs delivered subject to
166the Federal Acquisition Regulations are 'restricted computer software' and use,
94use, duplication, and disclosure of the programs, including documentation, shall be subject to 167duplication, and disclosure of the programs, including documentation, shall be
95the licensing restrictions set forth in the applicable Oracle license agreement. Otherwise,
96programs delivered subject to the Federal Acquisition Regulations are 'restricted computer
97software' and use, duplication, and disclosure of the programs, including documentation, shall
98be subject to the restrictions in FAR 52.227-19, Commercial Computer Software-Restricted 168subject to the restrictions in FAR 52.227-19, Commercial Computer
99Rights (June 1987). Oracle Corporation, 500 Oracle Parkway, Redwood City, CA 94065." 169Software-Restricted Rights (June 1987). Oracle USA, Inc., 500 Oracle Parkway,
170Redwood City, CA 94065."
100 171
101End of Agreement 172End of Agreement
102You may terminate this agreement by destroying all copies of the programs. We have the right 173You may terminate this agreement by destroying all copies of the programs. We
103to terminate your right to use the programs if you fail to comply with any of the terms of 174have the right to terminate your right to use the programs if you fail to comply
104this agreement, in which case you shall destroy all copies of the programs. 175with any of the terms of this agreement, in which case you shall destroy all
176copies of the programs.
105 177
106Relationship Between the Parties 178Relationship Between the Parties
107The relationship between you and us is that of licensee/licensor. Neither party will 179The relationship between you and us is that of licensee/licensor. Neither party
108represent that it has any authority to assume or create any obligation, express or implied, on 180will represent that it has any authority to assume or create any obligation,
109behalf of the other party, nor to represent the other party as agent, employee, franchisee, or 181express or implied, on behalf of the other party, nor to represent the other
110in any other capacity. Nothing in this agreement shall be construed to limit either party's 182party as agent, employee, franchisee, or in any other capacity. Nothing in this
183agreement shall be construed to limit either party's right to independently
111right to independently develop or distribute software that is functionally similar to the 184develop or distribute software that is functionally similar to the other party's
112other party's products, so long as proprietary information of the other party is not included 185products, so long as proprietary information of the other party is not included
113in such software. 186in such software.
114 187
115Open Source 188Open Source
116"Open Source" software - software available without charge for use, modification and 189"Open Source" software - software available without charge for use, modification
117distribution - is often licensed under terms that require the user to make the user's 190and distribution - is often licensed under terms that require the user to make
118modifications to the Open Source software or any software that the user 'combines' with the 191the user's modifications to the Open Source software or any software that the
119Open Source software freely available in source code form. If you use Open Source software in 192user 'combines' with the Open Source software freely available in source code
120conjunction with the programs, you must ensure that your use does not: (i) create, or purport 193form. If you use Open Source software in conjunction with the programs, you must
194ensure that your use does not: (i) create, or purport to create, obligations of
121to create, obligations of us with respect to the Oracle programs; or (ii) grant, or purport to 195us with respect to the Oracle programs; or (ii) grant, or purport to grant, to
122grant, to any third party any rights to or immunities under our intellectual property or 196any third party any rights to or immunities under our intellectual property or
123proprietary rights in the Oracle programs. For example, you may not develop a software 197proprietary rights in the Oracle programs. For example, you may not develop a
124program using an Oracle program and an Open Source program where such use results in a program 198software program using an Oracle program and an Open Source program where such
125file(s) that contains code from both the Oracle program and the Open Source program (including 199use results in a program file(s) that contains code from both the Oracle program
126without limitation libraries) if the Open Source program is licensed under a license that 200and the Open Source program (including without limitation libraries) if the Open
127requires any "modifications" be made freely available. You also may not combine the Oracle 201Source program is licensed under a license that requires any "modifications" be
202made freely available. You also may not combine the Oracle program with programs
128program with programs licensed under the GNU General Public License ("GPL") in any manner that 203licensed under the GNU General Public License ("GPL") in any manner that could
129could cause, or could be interpreted or asserted to cause, the Oracle program or any 204cause, or could be interpreted or asserted to cause, the Oracle program or any
130modifications thereto to become subject to the terms of the GPL. 205modifications thereto to become subject to the terms of the GPL.
131 206
132Entire Agreement 207Entire Agreement
133You agree that this agreement is the complete agreement for the programs and licenses, and 208You agree that this agreement is the complete agreement for the programs and
134this agreement supersedes all prior or contemporaneous agreements or representations. If any 209licenses, and this agreement supersedes all prior or contemporaneous agreements
135term of this agreement is found to be invalid or unenforceable, the remaining provisions will 210or representations. If any term of this agreement is found to be invalid or
136remain effective. 211unenforceable, the remaining provisions will remain effective.
137 212
138Last updated: 5/7/02 213Last updated: 03/09/05
214
215Should you have any questions concerning this License Agreement, or if you
216desire to contact Oracle for any reason, please write:
217Oracle USA, Inc.
218500 Oracle Parkway,
219Redwood City, CA 94065
220
221Oracle may contact you to ask if you had a satisfactory experience installing
222and using this OTN software download.

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