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authorAndrew Wilcox <AWilcox@Wilcox-Tech.com>2016-01-23 23:09:10 -0600
committerAndrew Wilcox <AWilcox@Wilcox-Tech.com>2016-01-23 23:09:10 -0600
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+Oracle Technology Network Development and Distribution License Terms
+
+Export Controls on the Programs
+Selecting the "Accept License Agreement" button is a confirmation of your
+agreement that you comply, now and during the trial term, with each of the
+following statements:
+
+-You are not a citizen, national, or resident of, and are not under control of,
+the government of Cuba, Iran, Sudan, Libya, North Korea, Syria, nor any country
+to which the United States has prohibited export.
+-You will not download or otherwise export or re-export the Programs, directly
+or indirectly, to the above mentioned countries nor to citizens, nationals or
+residents of those countries.
+-You are not listed on the United States Department of Treasury lists of
+Specially Designated Nationals, Specially Designated Terrorists, and Specially
+Designated Narcotic Traffickers, nor are you listed on the United States
+Department of Commerce Table of Denial Orders.
+
+You will not download or otherwise export or re-export the Programs, directly or
+indirectly, to persons on the above mentioned lists.
+
+You will not use the Programs for, and will not allow the Programs to be used
+for, any purposes prohibited by United States law, including, without
+limitation, for the development, design, manufacture or production of nuclear,
+chemical or biological weapons of mass destruction.
+
+EXPORT RESTRICTIONS
+You agree that U.S. export control laws and other applicable export and import
+laws govern your use of the programs, including technical data; additional
+information can be found on Oracle®'s Global Trade Compliance web site
+(http://www.oracle.com/products/export).
+
+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.
+
+Oracle Employees: Under no circumstances are Oracle Employees authorized to
+download software for the purpose of distributing it to customers. Oracle
+products are available to employees for internal use or demonstration purposes
+only. In keeping with Oracle's trade compliance obligations under U.S. and
+applicable multilateral law, failure to comply with this policy could result in
+disciplinary action up to and including termination.
+
+Note: You are bound by the Oracle Technology Network ("OTN") License Agreement
+terms. The OTN License Agreement terms also apply to all updates you receive
+under your Technology Track subscription.
+
+The OTN License Agreement terms below supercede any shrinkwrap license on the
+OTN Technology Track software CDs and previous OTN License terms (including the
+Oracle Program License as modified by the OTN Program Use Certificate).
+
+Oracle Technology Network Development and Distribution License Agreement
+
+
+"We," "us," and "our" refers to Oracle USA, Inc., for and on behalf of itself
+and its subsidiaries and affiliates under common control. "You" and "your"
+refers to the individual or entity that wishes to use the programs from Oracle.
+"Programs" refers to the software product you wish to download and use 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
+for purposes of developing 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 on the content and/or
+functionality of the programs, except for training your licensed users;
+- 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 (unless required by law for
+interoperability), disassembly 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," "Ownership and Restrictions,"
+"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; additional
+information can be found on Oracle's Global Trade Compliance web site located at
+http://www.oracle.com/products/export/index.html?content.html. 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, FITNESS FOR A PARTICULAR PURPOSE OR
+NONINFRINGEMENT.
+
+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 USA, Inc., 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: 03/09/05
+
+Should you have any questions concerning this License Agreement, or if you
+desire to contact Oracle for any reason, please write:
+Oracle USA, Inc.
+500 Oracle Parkway,
+Redwood City, CA 94065
+
+Oracle may contact you to ask if you had a satisfactory experience installing
+and using this OTN software download.