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authorDylan Carlson <absinthe@gentoo.org>2003-05-14 09:59:21 +0000
committerDylan Carlson <absinthe@gentoo.org>2003-05-14 09:59:21 +0000
commit9aabf9cc3f5e05b496d77647ec4c8a8782733e7d (patch)
tree4f4b8f55a50ecc60f0b5be5f07f151224c5bc0e1 /licenses
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License for use in dev-java/jdbc-oracle.
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+ORACLE TECHNOLOGY NETWORK DEVELOPMENT AND DISTRIBUTION LICENSE AGREEMENT
+"We," "us," and "our" refers to Oracle Corporation. "You" and "your" refers to the individual
+or entity that has ordered the programs from Oracle. "Programs" refers to the software
+product which you have ordered and program documentation. "License" refers to your right to
+use the programs under the terms of this agreement. This agreement is governed by the
+substantive and procedural laws of California. You and Oracle agree to submit to the
+exclusive jurisdiction of, and venue in, the courts of San Francisco, San Mateo, or Santa
+Clara counties in California in any dispute arising out of or relating to this agreement.
+
+We are willing to license the programs 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"
+button at the bottom of the page to confirm your acceptance. If you are not willing to be
+bound by these terms, select the "Do Not Accept" button and the registration process will not
+continue.
+
+License Rights
+We grant you a nonexclusive, nontransferable limited license to use the programs only for
+purposes of developing and prototyping your applications. You may also distribute the
+programs with your applications to your customers. If you want to use the programs for any
+purpose other than as expressly permitted under this agreement you must contact us, or an
+Oracle reseller, to obtain the appropriate license. We may audit your use of the programs.
+Program documentation is either shipped with the programs, or documentation may accessed
+online at http://otn.oracle.com/docs.
+
+Ownership and Restrictions
+We retain all ownership and intellectual property rights in the programs. You may make a
+sufficient number of copies of the programs for the licensed use and one copy of the programs
+for backup purposes.
+
+You may not:
+·use the programs for any purpose other than as provided above;
+·distribute the programs unless accompanied with your applications;
+·charge your end users for use of the programs;
+·remove or modify any program markings or any notice of our proprietary rights;
+·use the programs to provide third party training;
+·assign this agreement or give the programs, program access or an interest in the programs to
+any individual or entity except as provided under this agreement;
+·cause or permit reverse engineering or decompilation of the programs;
+·disclose results of any program benchmark tests without our prior consent; or,
+·use any Oracle name, trademark or logo.
+
+Program Distribution
+We grant you a nonexclusive, nontransferable right to copy and distribute the programs to your
+end users provided that you do not charge your end users for use of the programs and provided
+your end users may only use the programs to run your applications for their business
+operations. Prior to distributing the programs you shall require your end users to execute an
+agreement binding them to terms consistent with those contained in this section and the
+sections of this agreement entitled "License Rights," "Export," Disclaimer of Warranties and
+Exclusive Remedies," "No Technical Support," "End of Agreement," "Relationship Between the
+Parties," and "Open Source." You must also include a provision stating that your end users
+shall have no right to distribute the programs, and a provision specifying us as a third party
+beneficiary of the agreement. You are responsible for obtaining these agreements with your
+end users.
+
+You agree to: (a) defend and indemnify us against all claims and damages caused by your
+distribution of the programs in breach of this agreements and/or failure to include the
+required contractual provisions in your end user agreement as stated above; (b) keep executed
+end user agreements and records of end user information including name, address, date of
+distribution and identity of programs distributed; (c) allow us to inspect your end user
+agreements and records upon request; and, (d) enforce the terms of your end user agreements so
+as to effect a timely cure of any end user breach, and to notify us of any breach of the
+terms.
+
+Export
+You agree that U.S. export control laws and other applicable export and import laws govern
+your use of the programs, including technical data. You agree that neither the programs 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 PROGRAMS ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND. WE FURTHER DISCLAIM ALL
+WARRANTIES, EXPRESS AND IMPLIED, INCLUDING WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF
+MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
+
+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).
+
+No Technical Support
+Our technical support organization will not provide technical support, phone support, or
+updates to you for the programs licensed under this agreement.
+
+Restricted Rights
+If you distribute a license to the United States government, the programs, including
+documentation, shall be considered commercial computer software and you will place a legend,
+in addition to applicable copyright notices, on the documentation, and on the media label,
+substantially similar to the following:
+NOTICE OF RESTRICTED RIGHTS
+"Programs delivered subject to the DOD FAR Supplement are 'commercial computer software' and
+use, duplication, and disclosure of the programs, including documentation, shall be subject to
+the licensing restrictions set forth in the applicable Oracle license agreement. Otherwise,
+programs delivered subject to the Federal Acquisition Regulations are 'restricted computer
+software' and use, duplication, and disclosure of the programs, including documentation, shall
+be subject to the restrictions in FAR 52.227-19, Commercial Computer Software-Restricted
+Rights (June 1987). Oracle Corporation, 500 Oracle Parkway, Redwood City, CA 94065."
+
+End of Agreement
+You may terminate this agreement by destroying all copies of the programs. We have the right
+to terminate your right to use the programs if you fail to comply with any of the terms of
+this agreement, in which case you shall destroy all copies of the programs.
+
+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
+"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 programs, you must ensure that your use does not: (i) create, or purport
+to create, obligations of us with respect to the Oracle programs; 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 Oracle programs. For example, you may not develop a software
+program using an Oracle program and an Open Source program where such use results in a program
+file(s) that contains code from both the Oracle 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 Oracle
+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 Oracle program or any
+modifications thereto to become subject to the terms of the GPL.
+
+Entire Agreement
+You agree that this agreement is the complete agreement for the programs and licenses, and
+this agreement supersedes all prior or contemporaneous agreements or representations. If any
+term of this agreement is found to be invalid or unenforceable, the remaining provisions will
+remain effective.
+
+Last updated: 5/7/02