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This Agreement includes license terms supporting the
products available for download on this site - Enterprise Linux,
Oracle VM-Server, Oracle VM-Manager and other Oracle Programs.
Please review the terms for the products you will download and/or
install today.
Section A: Terms for Enterprise Linux
Section B: Terms for Oracle VM - Server
Section C: Terms for Oracle VM - Manager
Section D: Terms for Use of Other Oracle Programs
By clicking acceptance below and downloading or
installing the programs, you acknowledge your acceptance of the
terms for the program(s) you download or install. To the extent
permitted: the substantive and procedural laws of California govern
this Agreement, and you and Oracle agree to submit to the exclusive
jurisdiction of, and venue in, the courts of California in any
dispute relating to this Agreement.
Section A: Terms for Enterprise Linux
"We," "us," "our" and "Oracle" refers to Oracle
USA, Inc. "You" and "your" refers to the individual or entity
that has acquired the Enterprise Linux programs. "Enterprise
Linux programs" refers to the Linux software product which you
wish to download and use and related program documentation.
"License" refers to your right to use the Enterprise Linux
programs under the terms of this Agreement and the licenses
referenced herein. We are willing to provide a copy of the Enterprise Linux
programs to you only upon the condition that you accept all of the
terms contained in this Section A of this Agreement. Read the
terms carefully and indicate your acceptance by
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(a)
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selecting the "Accept" button at the bottom of the page
and downloading the Enterprise Linux programs; or,
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(b)
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if you have received these terms during the installation
process, continuing to install the Enterprise Linux programs.
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If you are not willing to be bound by these terms, select
the "Do Not Accept" button and/or do not download the Enterprise
Linux programs, or if you have received these terms during the
installation process, discontinue the installation process.
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Grant of Licenses to the Enterprise Linux
programs. Subject to the terms of this Agreement, Oracle USA,
Inc. ("Oracle") grants to the user ("Customer") a license to
the "Enterprise Linux programs" under the GNU General Public
License version 2. The Enterprise Linux programs contains many Enterprise
Linux program components developed by Oracle and various third
parties. The license for each component is located in the
documentation, which may be delivered with the Enterprise Linux
programs or accessed online at http://oss.oracle.com/linux/legal/oracle-list.html and/or in the component's source code.
This agreement does not limit, supersede or modify your rights
under the license associated with an individual component.
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Licenses to Additional Enterprise Linux programs.
Certain third party technology (collectively the "Additional
Enterprise Linux programs") may be included on the same medium or
as part of the download of Enterprise Linux programs you receive,
but is not part of the Enterprise Linux programs. Each Additional
Enterprise Linux program is licensed solely under the terms of the
Mozilla Public License, Apache License, Common Public License, GNU
Lesser General Public License, Netscape Public License or similar
license (collectively, the "Additional Enterprise Linux Programs
Licenses") that is included with the relevant Additional
Enterprise Linux programs and the associated documentation.
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Ownership. The Enterprise Linux programs and their
components and the Additional Enterprise Linux programs are owned
by Oracle or the relevant third party. Subject to the licenses
granted and/or referenced herein, title to the Enterprise Linux
programs and their components and the Additional Enterprise Linux
programs remains with Oracle and/or the third party.
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Trademark License. You are permitted to distribute
unmodified Enterprise Linux programs or unmodified Additional
Enterprise Linux programs without removing the trademark(s) owned
by Oracle or its affiliates that are included in the unmodified
Enterprise Linux programs or unmodified Additional Enterprise Linux
programs (the "Oracle Enterprise Linux trademarks"). You may only
distribute modified Enterprise Linux programs or modified
Additional Enterprise Linux programs if you remove relevant images
containing the Oracle Enterprise Linux trademarks. Certain files,
identified as http://oss.oracle.com/linux/legal/pkg-list.html, include such trademarks. Do not delete
these files, as deletion may corrupt the Enterprise Linux programs
or Additional Enterprise Linux programs. You are not granted any
other rights to Oracle Enterprise Linux trademarks, and you
acknowledge that you shall not gain any proprietary interest in the
Oracle Enterprise Linux trademarks. All goodwill arising out of use
of the Oracle Enterprise Linux trademarks shall inure to the
benefit of Oracle or its affiliates. You may not use any trademarks
owned by Oracle or its affiliates (including "ORACLE") or
potentially confusing variations (such as, "ORA") as a part of
your logo(s), product name(s), service name(s), company name, or
domain name(s) even if such products, services or domains include,
or are related to, the Enterprise Linux programs or Additional
Enterprise Linux programs.
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Limited Warranty. THE ENTERPRISE LINUX PROGRAMS
AND ADDITIONAL ENTERPRISE LINUX 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.
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Limitation of Liability. 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 HUNDRED DOLLARS
(U.S. ).
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No Technical Support. Our technical support
organization will not provide technical support, phone support, or
updates to you for the materials licensed under this Agreement.
Technical support, if available, may be acquired from Oracle or its
affiliates under a separate agreement.
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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 Enterprise Linux programs that is functionally similar
to the other party's products, so long as proprietary information
of the other party is not included in such Enterprise Linux
programs.
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Entire Agreement. You agree that this Agreement is
the complete Agreement for the Enterprise Linux programs,
Additional Enterprise Linux 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. Neither the Uniform Computer Information Transactions
Act nor the United Nations Convention on the International Sale of
Goods applies to this agreement.
Section B: Terms for Oracle VM - Server
"We," "us," "our" and "Oracle" refers to Oracle
USA, Inc. "You" and "your" refers to the individual or entity
that has acquired the Oracle VM - Server programs. "Oracle
VM-Server programs" refers to the software product you wish to
download and use and related program documentation. "License"
refers to your right to use the Oracle VM Server programs under the
terms of this Agreement and the licenses referenced herein.
We are willing to provide a copy of the Oracle VM -
Server programs to you only upon the condition that you accept all
of the terms contained in this Section B of this Agreement. Read
the terms carefully and indicate your acceptance by
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(a)
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selecting the "Accept" button at the bottom of the page
to confirm your acceptance, if you are downloading the Oracle VM - Server
programs and downloading the Oracle VM - Server programs; or,
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(b)
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if you have received these terms during the installation
process, continuing to install the Oracle VM - Server programs.
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If you are not willing to be bound by these terms,
select the "Do Not Accept" button or discontinue the installation
process and the registration process will not continue.
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Grant of Licenses to the Oracle VM - Server
programs. Subject to the terms of this Agreement, Oracle USA,
Inc. ("Oracle") grants to the user ("Customer") a license to
the "Oracle VM - Server programs" under the GNU General Public
License version 2. The Oracle VM Server programs contain many Oracle VM -
Server programs components developed by Oracle and various third
parties. The license for each component is located in the
documentation, which may be delivered with the Oracle VM - Server
programs or accessed online at http://oss.oracle.com/linux/legal/oracle-list.html and/or in the component's source
code. This agreement does not limit, supersede or modify your
rights under the license associated with an individual component.
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Licenses to Additional Oracle VM - Server programs. Certain
third party technology (collectively the "Additional Oracle VM -
Server programs") may be included on the same medium or as part of
the download of Oracle VM - Server programs you receive, but is not
part of the Oracle VM - Server programs. Each Additional Oracle VM
- Server program is licensed solely under the terms of the Mozilla
Public License, Apache License, Common Public License, GNU Lesser
General Public License, Netscape Public License or similar license
(collectively, the "Additional Oracle VM - Server Programs
Licenses") that is included with the relevant Additional Oracle VM
- Server programs and the associated documentation.
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Ownership. The Oracle VM - Server programs and
their components and the Additional Oracle VM - Server programs are
owned by Oracle or the relevant third party. Subject to the
licenses granted and/or referenced herein, title to the Oracle VM -
Server programs and their components and the Additional Oracle VM -
Server programs remains with Oracle and/or the third party, as
appropriate.
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Trademark License. You are permitted to distribute
unmodified Oracle VM - Server programs or unmodified Additional
Oracle VM - Server programs without removing the trademark(s) owned
by Oracle or its affiliates that are included in the unmodified
Oracle VM - Server programs or unmodified Additional Oracle VM -
Server programs (the "Oracle Oracle VM - Server trademarks"). You
may only distribute modified Oracle VM - Server programs or
modified Additional Oracle VM - Server programs if you remove
relevant images containing the Oracle Oracle VM - Server
trademarks. Certain files, identified as
http://oss.oracle.com/linux/legal/pkg-list.html, include such trademarks. Do not delete
these files, as deletion may corrupt the Oracle VM - Server
programs or Additional Oracle VM - Server programs. You are not
granted any other rights to Oracle Oracle VM - Server trademarks,
and you acknowledge that you shall not gain any proprietary
interest in the Oracle Oracle VM - Server trademarks. All goodwill
arising out of use of the Oracle Oracle VM - Server trademarks
shall inure to the benefit of Oracle or its affiliates. You may not
use any trademarks owned by Oracle or its affiliates (including
"ORACLE") or potentially confusing variations (such as, "ORA")
as a part of your logo(s), product name(s), service name(s),
company name, or domain name(s) even if such products, services or
domains include, or are related to, the Oracle VM - Server programs
or Additional Oracle VM - Server programs.
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Limited Warranty. THE ORACLE VM PROGRAMS AND
ADDITIONAL ORACLE VM 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.
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Limitation of Liability. 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 HUNDRED DOLLARS (U.S.).
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No Technical Support. Our technical support
organization will not provide technical support, phone support, or
updates to you for the materials licensed under this
Agreement. Technical support, if available, may be acquired from
Oracle or its affiliates under a separate agreement.
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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
Oracle VM - Server programs that is functionally similar to the
other party's products, so long as proprietary information of the
other party is not included in such Oracle VM - Server programs.
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Entire Agreement. You agree that this Agreement is
the complete Agreement for the Oracle VM - Server programs,
Additional Oracle VM - Server 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. Neither the Uniform Computer Information Transactions
Act nor the United Nations Convention on the International Sale of
Goods applies to this agreement.
Section C: Terms for Oracle VM - Manager
"We," "us," "our" and "Oracle" refers to Oracle
USA, Inc. "You" and "your" refers to the individual or entity
that has acquired the Oracle VM − Manager programs. "Oracle VM
− Manager programs" refers to the Oracle software product designated
as Oracle VM − Manager product you wish to download and use and
related program documentation. "License" refers to your right to
use the Oracle VM Manager programs under the terms of this
Agreement and the licenses referenced herein. The substantive and
procedural laws of California govern this Agreement. You and Oracle
agree to submit to the exclusive jurisdiction of, and venue in, the
courts of California in any dispute relating to this Agreement.
We are willing to provide a copy of the Oracle VM −
Manager programs to you only upon the condition that you accept all
of the terms contained in this Section C of this Agreement. Read
the terms carefully and indicate your acceptance by
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(a)
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selecting the "Accept" button at the bottom of the page
to confirm your acceptance and downloading the Oracle VM − Manager
programs, or
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(b)
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if you have received these terms during the installation
process, continuing to install the Oracle VM − Manager programs.
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If you are not willing to be bound by these terms, select
the "Do Not Accept" button and/or do not download the Oracle VM -
Manager programs, or, if you have received these terms during the
installation process, discontinue the installation process.
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License Rights. We grant you a nonexclusive,
nontransferable limited license to use the Oracle VM Manager programs
for: (a) purposes of developing, prototyping and running your applications
for your own internal data processing operations; (b) you may also
distribute the programs with your applications; (c) you may use the programs
to provide third party demonstrations and training; and d) you may
copy and distribute the programs to your licensees provided that
distribution is solely under and each such licensee agrees to abide
by the terms of this Section C of this Agreement for Oracle - VM
Manager. You are not permitted to use the programs for any purpose
other than as permitted under this Agreement. We may audit your
use of the programs. Program documentation may be accessed online at
http://otn.oracle.com/docs.
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Trademarks and Copyrights. You agree not to use Oracle
trademarks (including "ORACLE") or potentially confusing variations (
including "ORA") as a part of your product name(s), service name(s),
company name, or domain name(s). In marketing, promoting, or distributing
the programs, you agree to make it clear that Oracle is the source of
the programs. You shall include on all copies of the programs used
or distributed by you:
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A reproduction of Oracle's copyright notice; or
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A copyright notice indicating that the copyright is
vested in you containing the following:
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A "c" in a circle and the word "copyright";
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Your name;
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The date of copyright; and
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The words "All rights reserved."
Such notices shall be placed on the documentation, the
sign-on screen for any software incorporating the programs, and any
media containing the programs.
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Ownership and Restrictions. We retain all ownership and
intellectual property rights in the programs. The programs may be
installed on multiple systems provided that you adhere to this Agreement
for all use and distribution of the programs.
You may not:
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remove or modify any program markings or any notice of
our proprietary rights;
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assign this agreement or give or transfer the programs
or an interest in them to another individual or entity;
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cause or permit reverse engineering (unless required by
law for interoperability), disassembly or decompilation of the
programs;
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disclose results of any program benchmark tests without
our prior consent; or,
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use any Oracle name, trademark or logo, except as
expressly required herein.
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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.
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Disclaimer of Warranty and Exclusive Remedies.
Limited Warranty. THE ORACLE VM PROGRAMS AND
ADDITIONAL ORACLE VM 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.
ORACLE DOES NOT GUARANTEE THAT THE PROGRAMS WILL PERFORM
ERROR-FREE OR UNINTERRUPTED OR THAT ORACLE WILL CORRECT ALL PROGRAM
ERRORS.
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).
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Technical Support. Our technical support organization will
not provide technical support, phone support, or updates to you for the
materials licensed under this Agreement. Technical support, if
available, may be acquired from Oracle or its affiliates under a
separate agreement.
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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.
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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.
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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.
Section D: Terms for Use of Other Oracle Programs
In the event you are downloading a Linux and/or VM
configuration for one of Oracle's programs - by accessing the
software designated as Other Oracle Programs on this Web site, you
agree that (1) you have already obtained a license from Oracle, or
an Oracle partner, for your use of the software and that your
Oracle License and Services Agreement or Software License and
Services Agreement, Oracle PartnerNetwork Agreement, Oracle
distribution agreement, or other license agreement with Oracle or
an Oracle partner, plus the applicable ordering document with
Oracle or an Oracle partner, governs your use of the software, or
(2) if you have not already obtained a license from Oracle or an
Oracle Partner for your use of the software designated on this site
as Other Oracle Programs, the Oracle Electronic Delivery Trial
License Agreement in this Section D governs your use of the
software for the time specified in such agreement. Note: Programs
downloaded for trial use or downloaded as replacement media may not
be used to update any unsupported programs.
LICENSE GRANT: "Program" or "Programs" shall
mean the Oracle Corporation ("Oracle") computer software owned or
distributed by Oracle and which you are accessing on the Oracle
E-Delivery Web site and for which you are granted a license under
this Agreement (the "Programs"), and any user guides and manuals
for use of the Programs ("Documentation"). This Agreement grants
you the temporary right to use the Programs for evaluation purposes
on the single computer designated by you. These rights are granted
only to you and may not be assigned or transferred to any other
party. You may use the Programs only for evaluation and testing and
not for production use. You must enter into a separate agreement to
obtain production license rights and technical support for the
Programs. The rights granted to you under this Agreement expire at
the end of the Trial Term. If you decide to use any of the Programs
after the end of the Trial Term, you must acquire a license for
each Program from Oracle. You shall not: (a) remove any product
identification, copyright notices, or other notices or proprietary
restrictions from the Programs; (b) use the Programs for commercial
timesharing, rental, or service bureau use; (c) cause or permit
reverse engineering, disassembly, or decompilation of the Programs;
(d) disclose results of any benchmark tests of any Programs to any
third party without Oracle's prior written approval; or (e)
duplicate and/or install the Programs other than as specified in
this Agreement. Either party may terminate the license for the
Programs at any time. Upon termination or expiration, you shall
cease using the Programs.
II. TERMINATION: If you do not obtain a Program
use license at the end of the Trial Term, you shall (a) cease using
the Programs, and (b) certify to Oracle that you have destroyed or
have returned to Oracle the Programs and all copies. This
requirement applies to copies in all forms, partial and complete,
in all types of media and computer memory, and whether or not
merged into other materials.
III. EXCLUSION OF WARRANTY: THE PROGRAM IS
PROVIDED "AS IS" TO YOU FOR EVALUATION PURPOSES ONLY, EXCLUSIVE
OF ANY WARRANTY, INCLUDING, WITHOUT LIMITATION, ALL WARRANTIES OF
MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR ANY OTHER
WARRANTY, WHETHER EXPRESS OR IMPLIED.
IV. NONDISCLOSURE: By virtue of this Agreement,
the parties may have access to information that is confidential to
one another ("confidential information"). We each agree to
disclose only information that is required for the performance of
obligations under this agreement. Confidential information shall be
limited to the terms and pricing under this Agreement, any source
code for the programs, and all information clearly identified as
confidential.
A party's confidential information shall not include
information that: (a) is or becomes a part of the public domain
through no act or omission of the other party; (b) was in the other
party's lawful possession prior to the disclosure and had not been
obtained by the other party either directly or indirectly from the
disclosing party; (c) is lawfully disclosed to the other party by a
third party without restriction on the disclosure; or (d) is
independently developed by the other party.
The parties agree to hold each other's confidential
information in confidence for a period of three years from the date
of disclosure. Also, we each agree to disclose confidential
information only to those employees or agents who are required to
protect it against unauthorized disclosure. Nothing shall prevent
either party from disclosing the terms or pricing under this
Agreement in any legal proceeding arising from or in connection
with this Agreement or disclosing the information to a federal or
state governmental entity as required by law.
V. LIMITATION OF LIABILITY: NEITHER PARTY SHALL BE
LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR
CONSEQUENTIAL DAMAGES, OR ANY LOSS OF PROFITS, REVENUE, DATA, OR
DATA USE. ORACLE'S MAXIMUM LIABILITY FOR ANY DAMAGES UNDER THIS
AGREEMENT AND YOUR ORDER, WHETHER IN CONTRACT OR TORT, SHALL BE
LIMITED TO THE AMOUNT OF THE FEES YOU PAID ORACLE UNDER THIS
AGREEMENT, AND IF SUCH DAMAGES RESULT FROM YOUR USE OF PROGRAMS OR
SERVICES, SUCH LIABILITY SHALL BE LIMITED TO THE FEES YOU PAID
ORACLE FOR THE DEFICIENT PROGRAM OR SERVICES GIVING RISE TO THE
LIABILITY.
VI. EXPORT ADMINISTRATION: Export laws and
regulations of the United States and any other relevant local
export laws and regulations apply to the programs. You agree that
such export control laws govern your use of the programs (including
technical data) and any services deliverables provided under this
agreement, and you agree to comply with all such export laws and
regulations (including "deemed export" and "deemed re-export"
regulations). You agree that no data, information, program and/or
materials resulting from services (or 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, or development of missile technology.
VII. ENTIRE AGREEMENT: This Agreement constitutes
the entire Agreement between you and Oracle with reference to your
use of the Programs on a trial basis. Any additions or
modifications must be made in writing and signed by both
parties. The terms of this Agreement shall supersede the terms of
any purchase order or other instrument issued by you under this
Agreement. This Agreement is governed by the substantive and
procedural laws of California and you and Oracle agree to submit to
the exclusive jurisdiction of, and venue in, the courts in San
Francisco, San Mateo, or Santa Clara counties in California in any
dispute arising out of or relating to this Agreement. In the event
that any provision of this Agreement is held to be invalid or
unenforceable, the remaining provisions of this Agreement will
remain in full force and effect.
Notwithstanding the foregoing, if your company is located
and will be using the software in (a) Argentina, the laws of
Argentina will apply to this Agreement and jurisdiction will be in
the Courts of Buenos Aires; (b) Brazil, the laws of Brazil will
apply to this Agreement and jurisdiction will be in the Courts of
Sao Paulo; (c) Costa Rica, the laws of Costa Rica will apply to
this Agreement and jurisdiction will be in the Courts of San Jose;
(d) Colombia, the laws of Colombia will apply to this Agreement and
jurisdiction will be in the Courts of Bogota; (e) Chile, the laws
of Chile will apply to this Agreement and jurisdiction will be in
the Courts of Santiago de Chile; (f) Ecuador, the laws of Ecuador
will apply to this Agreement and jurisdiction will be in the Courts
of Quito; (g) Peru, the laws of Peru will apply to this Agreement
and jurisdiction will be in the Courts of Lima; (h) Puerto Rico,
the laws of the Commonwealth of Puerto Rico will apply to this
Agreement and jurisdiction will be in the Courts of San Juan; (i)
Mexico, the laws of Mexico will apply to this Agreement and
jurisdiction will be in the Courts of Mexico City; and (j)
Venezuela, the laws of Venezuela will apply to this Agreement and
jurisdiction will be in the Courts of Caracas.
VIII. MISCELLANEOUS: Upon 45 days written notice,
Oracle may audit your use of the Programs. You agree to cooperate
with Oracle's audit and provide reasonable assistance and access to
information. You agree to pay within 30 days of written
notification any underpaid fees. If you do not pay, Oracle can end
your technical support, licenses and/or this Agreement.
IX. EXPORT CONTROLS ON THE PROGRAMS: Pressing the
"I accept the License Terms and Export Restrictions" button below
is also 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, Iraq,
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.
RESTRICTED RIGHTS: Programs delivered to the
U.S. Defense Dept. are delivered with Restricted Rights and the
following applies: "Restricted Rights Legend: Use, duplication or
disclosure by Government is subject to restrictions as currently
set forth in subparagraph (c)(1)(ii) of DFARS 252-227-7013, Rights
in Technical Data and Computer Software (October 1988). Oracle
Corp. 500 Oracle Pkwy., Redwood City, CA, 94065. Programs delivered
to a U.S. Government Agency not within the Defense, Dept. is
delivered with 'Restricted Rights' as defined in FAR 52.227-14,
Rights in Data - General, including Alternate III (June 1987)."
Oracle Corporation World Headquarters 500 Oracle
Parkway Redwood Shores, CA 94065 USA Worldwide
Inquiries: 650.506.7000 Fax: 650.506.7200
Last updated: 12-January-2009
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