path: root/licenses/oracle-jdbc

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