updated on Tue Jan 10 16:09:17 UTC 2012

[aur-mirror.git] / sqlplus / LICENSE

Oracle Technology Network Development and Distribution License Terms
for Instant Client

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 for Instant Client

"We," "us," and "our" refers to Oracle USA, Inc. "You" and "your"
refers to the individual or entity that wishes to use the Programs
from Oracle under this Agreement. "Programs" refers to the Software
Products referenced below that you wish to download and use and
Program documentation. "License" refers to your right to use the
Programs and Program documentation under the terms of this
Agreement. 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 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.

Software Product - Instant Client

License Rights

License.  We grant you a non-exclusive right and license to use the
Programs solely for your business purposes and development and testing
purposes, subject to the terms of this Agreement. You may allow third
parties to use the Programs, subject to the terms of this Agreement,
provided such third party use is for your business operations only.

Distribution License We grant you a non-exclusive right and license to
distribute the Programs, provided that you do not charge your end
users for use of the Programs. Your distribution of such Programs
shall at a minimum include the following terms in an executed license
agreement between you and the end user that: (1) restrict the use of
the Programs to the business operations of the end user; (2) prohibit
(a) the end user from assigning, giving, or transferring the Programs
or an interest in them to another individual or entity (and if your
end user grants a security interest in the Programs, the secured party
has no right to use or transfer the Programs); (b) make the Programs
available in any manner to any third party for use in the third
party's business operations (unless such access is expressly permitted
for the specific program license or materials from the services you
have acquired); and (c) title to the Programs from passing to the end
user or any other party; (3) prohibit the reverse engineering (unless
required by law for interoperability), disassembly or decompilation of
the Programs and prohibit duplication of the Programs except for a
sufficient number of copies of each Program for the end user's
licensed use and one copy of each Program media; (4) disclaim, to the
extent permitted by applicable law, our liability for any damages,
whether direct, indirect, incidental, or consequential, arising from
the use of the Programs; (5) require the end user at the termination
of the Agreement, to discontinue use and destroy or return to you all
copies of the Programs and documentation; (6) prohibit publication of
any results of benchmark tests run on the Programs; (7) require the
end user to comply fully with all relevant export laws and regulations
of the United States and other applicable export and import laws to
assure that neither the Programs, nor any direct product thereof, are
exported, directly or indirectly, in violation of applicable laws; (8)
do not require us to perform any obligations or incur any liability
not previously agreed to between you and us; (9) permit you to audit
your end user's use of the Programs or to assign your right to audit
the end user's use of the Programs to us; (10) designate us as a third
party beneficiary of the end user license agreement; (11) include
terms consistent with those contained in the sections of this
Agreement entitled "Disclaimer of Warranties and Exclusive Remedies,"
"No Technical Support," "End of Agreement," "Relationship Between the
Parties," and "Open Source"; and (11) exclude the application of the
Uniform Computer Information Transactions Act.

You may allow your end users to permit third parties to use the
Programs on such end user's behalf for the purposes set forth in the
end user license agreement, subject to the terms of such
agreement. You shall be financially responsible for all claims and
damages to us caused by your failure to include the required
contractual terms set forth above in each end user license agreement
between you and an end user. We are a third party beneficiary of any
end user license agreement between you and the end user, but do not
assume any of your obligations thereunder, and you agree that you will
not enter into any end user license agreement that excludes us as a
third party beneficiary and will inform your end users of our rights.

If you want to use the Programs for any purpose other than as
expressly permitted under this Agreement you must contact us to obtain
the appropriate license. We may audit your use of the
Programs. Program documentation is either shipped with the Programs,
or documentation may be accessed online at http://otn.oracle.com/docs.

You agree to: (a) defend and indemnify us against all claims and
damages caused by your distribution of the Programs in breach of this
Agreement 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.

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; -charge your end users for use of the Programs; -remove or
modify any Program markings or any notice of our proprietary rights;
-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.

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. 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 or end
users 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: 01/24/08

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.