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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 America, 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://www.oracle.com/technetwork/indexes/documentation/index.html. 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 America, 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.
