ORACLE TECHNOLOGY NETWORK ("OTN") DEVELOPMENT AND DISTRIBUTION LICENSE AGREEMENT
CAUTION: Oracle Corporation is willing to license the software associated with the Oracle programs ("Programs") to you ("Customer") only upon the condition that you accept all of the terms contained in this License Agreement. Read the terms and conditions of the Agreement carefully. By selecting the "Accept" button at the bottom of this page you agree to the terms and conditions of the Agreement. If you are not willing to be bound by its terms, select the "Do Not Accept" button at the bottom of this page and the registration process will not continue.
ORACLE CORPORATION ("ORACLE") GRANTS YOU ("CUSTOMER") A LIMITED LICENSE TO USE THE SOFTWARE AND DOCUMENTATION ("PROGRAMS") AS INDICATED BELOW.
I. INTERNAL USE RIGHTS: Customer shall have the nonexclusive, nontransferable right to use the Programs in the operating environment identified by Oracle for a single user (one person) on a single computer. Customer may use the Programs solely for its own internal data processing operations. For the purposes under this Section I, Customer may make one copy of each licensed Program for backup.
II. PROGRAM DISTRIBUTION RIGHTS: Oracle grants to Customer a nonexclusive, nontransferable right to copy and distribute the Programs to third party users ("User(s)") under the terms specified herein, provided that such distribution is free of charge. Prior to distributing the Programs for use by Users, Customer shall require Users to execute a written agreement binding Users to contractual provisions identical to those contained in Section I, III-XI inclusive, a provision specifying that Users shall have no right to distribute the Programs, and a provision specifying Oracle as a third party beneficiary of the User Agreement to the extent permitted by applicable law ("User Agreement"). Customer agrees that it is Customer's responsibility to obtain User Agreements.
Furthermore, Customer agrees to: (a) defend and indemnify Oracle against all claims and damages to Oracle caused by the Customer's distribution of the Programs in breach of this License Agreement and/or failure to include the required contractual provisions in the User Agreement as set forth; (b) keep executed User Agreements and records of User information including name, address, date of distribution and identity of Programs distributed; (c) allow Oracle to inspect such User Agreements and records upon request; (e) enforce the terms of its User Agreements so as to effect a timely cure of any User breach, and to notify Oracle of any known breach of the terms. Each obligation of the Customer under this License Agreement shall also be applicable to each User.
III. RESTRICTIONS. All titles, trademarks, and copyright and restricted rights notices shall be reproduced in any copy of the Programs. All copies are subject to the terms of this License Agreement. No other copies shall be made without Oracle's prior written consent. Customer shall not: (a) remove any product identification, copyright notices, or other notices or proprietary restrictions from Programs; (b) use Programs for commercial timesharing, rental, or service bureau use; (c) transfer, sell, assign or otherwise convey Programs to another party without Oracle's prior written consent, except as specified herein; (d) cause or permit reverse engineering, disassembly, or decompilation of Programs; or (e) disclose results of any benchmark tests of any Program to any third party without Oracle's prior written approval.
IV. COPYRIGHT/OWNERSHIP OF PROGRAMS: Programs are the confidential and proprietary products of Oracle and are protected by copyright and other intellectual property laws. Customer acquires only the right to use Programs and does not acquire any rights, express or implied, in Programs other than those specified in this License Agreement. Oracle shall at all times retain all rights, title, interest, including intellectual property rights, in Programs and media.
V. DISCLAIMER OF WARRANTY: THE PROGAMS ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND. ORACLE FURTHER DISCLAIMS ALL WARRANTIES, EXPRESS AND IMPLIED, INCLUDING WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
VI. LIMITATION OF LIABILITY: IN NO EVENT SHALL ORACLE BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES, OR DAMAGES FOR LOSS OF PROFITS, REVENUE, DATA OR DATA USE, INCURRED BY CUSTOMER OR ANY THIRD PARTY, WHETHER IN AN ACTION IN CONTRACT OR TORT, EVEN IF ORACLE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
VII. TERMINATION: Customer may terminate this license at any time by destroying all copies of the Programs. Oracle shall have the right at its discretion to terminate Customer's right to use the Programs at any time if Customer fails to comply with any of the terms or conditions of this License Agreement. Upon such termination, Customer must destroy all copies of the Programs. The Disclaimer of Warranty and Limitation of Liability Sections above shall survive termination of this License Agreement.
VIII. TECHNICAL SUPPORT: Oracle is not obligated to provide technical support, phone support, or updates to Customer for Programs.
IX. GOVERNMENT 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. are delivered with "Restricted Rights" as defined in FAR 52.227-14, Rights in Data - General, including Alternate III (June 1987)."
X. EXPORT ADMINISTRATION: Customer shall comply fully with all laws and regulations of the United States and other countries ("Export Laws") to assure that neither the Programs, nor any direct products thereof are (1) exported, directly or indirectly, in violation of Export Laws, or (2) are used for any purpose prohibited by Export Laws, including, without limitation, nuclear, chemical, or biological weapons proliferation.
XI. MISCELLANEOUS: This License Agreement and all related actions thereto shall be governed by California law. Oracle may audit Customer's use of the Programs. If any provision of this License Agreement is held to be invalid or unenforceable, the remaining provisions of this License Agreement will remain in full force.