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223 lines
12 KiB
223 lines
12 KiB
Oracle Technology Network Development and Distribution License Terms
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Export Controls on the Programs
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Selecting the "Accept License Agreement" button is a confirmation of your
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agreement that you comply, now and during the trial term, with each of the
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following statements:
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-You are not a citizen, national, or resident of, and are not under control of,
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the government of Cuba, Iran, Sudan, Libya, North Korea, Syria, nor any country
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to which the United States has prohibited export.
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-You will not download or otherwise export or re-export the Programs, directly
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or indirectly, to the above mentioned countries nor to citizens, nationals or
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residents of those countries.
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-You are not listed on the United States Department of Treasury lists of
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Specially Designated Nationals, Specially Designated Terrorists, and Specially
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Designated Narcotic Traffickers, nor are you listed on the United States
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Department of Commerce Table of Denial Orders.
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You will not download or otherwise export or re-export the Programs, directly or
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indirectly, to persons on the above mentioned lists.
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You will not use the Programs for, and will not allow the Programs to be used
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for, any purposes prohibited by United States law, including, without
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limitation, for the development, design, manufacture or production of nuclear,
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chemical or biological weapons of mass destruction.
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EXPORT RESTRICTIONS
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You agree that U.S. export control laws and other applicable export and import
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laws govern your use of the programs, including technical data; additional
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information can be found on Oracle®'s Global Trade Compliance web site
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(http://www.oracle.com/products/export).
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You agree that neither the programs nor any direct product thereof will be
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exported, directly, or indirectly, in violation of these laws, or will be used
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for any purpose prohibited by these laws including, without limitation, nuclear,
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chemical, or biological weapons proliferation.
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Oracle Employees: Under no circumstances are Oracle Employees authorized to
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download software for the purpose of distributing it to customers. Oracle
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products are available to employees for internal use or demonstration purposes
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only. In keeping with Oracle's trade compliance obligations under U.S. and
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applicable multilateral law, failure to comply with this policy could result in
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disciplinary action up to and including termination.
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Note: You are bound by the Oracle Technology Network ("OTN") License Agreement
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terms. The OTN License Agreement terms also apply to all updates you receive
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under your Technology Track subscription.
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The OTN License Agreement terms below supercede any shrinkwrap license on the
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OTN Technology Track software CDs and previous OTN License terms (including the
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Oracle Program License as modified by the OTN Program Use Certificate).
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Oracle Technology Network Development and Distribution License Agreement
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"We," "us," and "our" refers to Oracle USA, Inc., for and on behalf of itself
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and its subsidiaries and affiliates under common control. "You" and "your"
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refers to the individual or entity that wishes to use the programs from Oracle.
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"Programs" refers to the software product you wish to download and use and
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program documentation. "License" refers to your right to use the programs under
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the terms of this agreement. This agreement is governed by the substantive and
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procedural laws of California. You and Oracle agree to submit to the exclusive
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jurisdiction of, and venue in, the courts of San Francisco, San Mateo, or Santa
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Clara counties in California in any dispute arising out of or relating to this
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agreement.
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We are willing to license the programs to you only upon the condition that you
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accept all of the terms contained in this agreement. Read the terms carefully
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and select the "Accept" button at the bottom of the page to confirm your
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acceptance. If you are not willing to be bound by these terms, select the "Do
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Not Accept" button and the registration process will not continue.
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License Rights
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We grant you a nonexclusive, nontransferable limited license to use the programs
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for purposes of developing your applications. You may also distribute the
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programs with your applications to your customers. If you want to use the
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programs for any purpose other than as expressly permitted under this agreement
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you must contact us, or an Oracle reseller, to obtain the appropriate license.
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We may audit your use of the programs. Program documentation is either shipped
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with the programs, or documentation may accessed online at
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http://otn.oracle.com/docs.
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Ownership and Restrictions
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We retain all ownership and intellectual property rights in the programs. You
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may make a sufficient number of copies of the programs for the licensed use and
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one copy of the programs for backup purposes.
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You may not:
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- use the programs for any purpose other than as provided above;
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- distribute the programs unless accompanied with your applications;
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- charge your end users for use of the programs;
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- remove or modify any program markings or any notice of our proprietary rights;
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- use the programs to provide third party training on the content and/or
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functionality of the programs, except for training your licensed users;
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- assign this agreement or give the programs, program access or an interest in
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the programs to any individual or entity except as provided under this
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agreement;
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- cause or permit reverse engineering (unless required by law for
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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.
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Program Distribution
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We grant you a nonexclusive, nontransferable right to copy and distribute the
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programs to your end users provided that you do not charge your end users for
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use of the programs and provided your end users may only use the programs to run
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your applications for their business operations. Prior to distributing the
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programs you shall require your end users to execute an agreement binding them
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to terms consistent with those contained in this section and the sections of
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this agreement entitled "License Rights," "Ownership and Restrictions,"
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"Export," "Disclaimer of Warranties and Exclusive Remedies," "No Technical
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Support," "End of Agreement," "Relationship Between the Parties," and "Open
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Source." You must also include a provision stating that your end users shall
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have no right to distribute the programs, and a provision specifying us as a
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third party beneficiary of the agreement. You are responsible for obtaining
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these agreements with your end users.
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You agree to: (a) defend and indemnify us against all claims and damages caused
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by your distribution of the programs in breach of this agreements and/or failure
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to include the required contractual provisions in your end user agreement as
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stated above; (b) keep executed end user agreements and records of end user
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information including name, address, date of distribution and identity of
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programs distributed; (c) allow us to inspect your end user agreements and
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records upon request; and, (d) enforce the terms of your end user agreements so
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as to effect a timely cure of any end user breach, and to notify us of any
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breach of the terms.
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Export
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You agree that U.S. export control laws and other applicable export and import
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laws govern your use of the programs, including technical data; additional
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information can be found on Oracle's Global Trade Compliance web site located at
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http://www.oracle.com/products/export/index.html?content.html. You agree that
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neither the programs nor any direct product thereof will be exported, directly,
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or indirectly, in violation of these laws, or will be used for any purpose
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prohibited by these laws including, without limitation, nuclear, chemical, or
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biological weapons proliferation.
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Disclaimer of Warranty and Exclusive Remedies
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THE PROGRAMS ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND. WE FURTHER
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DISCLAIM ALL WARRANTIES, EXPRESS AND IMPLIED, INCLUDING WITHOUT LIMITATION, ANY
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IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR
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NONINFRINGEMENT.
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IN NO EVENT SHALL WE BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE
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OR CONSEQUENTIAL DAMAGES, OR DAMAGES FOR LOSS OF PROFITS, REVENUE, DATA OR DATA
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USE, INCURRED BY YOU OR ANY THIRD PARTY, WHETHER IN AN ACTION IN CONTRACT OR
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TORT, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. OUR
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ENTIRE LIABILITY FOR DAMAGES HEREUNDER SHALL IN NO EVENT EXCEED ONE THOUSAND
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DOLLARS (U.S. $1,000).
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No Technical Support
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Our technical support organization will not provide technical support, phone
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support, or updates to you for the programs licensed under this agreement.
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Restricted Rights
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If you distribute a license to the United States government, the programs,
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including documentation, shall be considered commercial computer software and
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you will place a legend, in addition to applicable copyright notices, on the
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documentation, and on the media label, substantially similar to the following:
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NOTICE OF RESTRICTED RIGHTS
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"Programs delivered subject to the DOD FAR Supplement are 'commercial computer
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software' and use, duplication, and disclosure of the programs, including
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documentation, shall be subject to the licensing restrictions set forth in the
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applicable Oracle license agreement. Otherwise, programs delivered subject to
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the Federal Acquisition Regulations are 'restricted computer software' and use,
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duplication, and disclosure of the programs, including documentation, shall be
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subject to the restrictions in FAR 52.227-19, Commercial Computer
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Software-Restricted Rights (June 1987). Oracle USA, Inc., 500 Oracle Parkway,
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Redwood City, CA 94065."
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End of Agreement
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You may terminate this agreement by destroying all copies of the programs. We
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have the right to terminate your right to use the programs if you fail to comply
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with any of the terms of this agreement, in which case you shall destroy all
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copies of the programs.
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Relationship Between the Parties
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The relationship between you and us is that of licensee/licensor. Neither party
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will represent that it has any authority to assume or create any obligation,
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express or implied, on behalf of the other party, nor to represent the other
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party as agent, employee, franchisee, or in any other capacity. Nothing in this
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agreement shall be construed to limit either party's right to independently
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develop or distribute software that is functionally similar to the other party's
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products, so long as proprietary information of the other party is not included
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in such software.
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Open Source
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"Open Source" software - software available without charge for use, modification
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and distribution - is often licensed under terms that require the user to make
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the user's modifications to the Open Source software or any software that the
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user 'combines' with the Open Source software freely available in source code
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form. If you use Open Source software in conjunction with the programs, you must
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ensure that your use does not: (i) create, or purport to create, obligations of
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us with respect to the Oracle programs; or (ii) grant, or purport to grant, to
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any third party any rights to or immunities under our intellectual property or
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proprietary rights in the Oracle programs. For example, you may not develop a
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software program using an Oracle program and an Open Source program where such
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use results in a program file(s) that contains code from both the Oracle program
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and the Open Source program (including without limitation libraries) if the Open
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Source program is licensed under a license that requires any "modifications" be
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made freely available. You also may not combine the Oracle program with programs
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licensed under the GNU General Public License ("GPL") in any manner that could
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cause, or could be interpreted or asserted to cause, the Oracle program or any
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modifications thereto to become subject to the terms of the GPL.
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Entire Agreement
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You agree that this agreement is the complete agreement for the programs and
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licenses, and this agreement supersedes all prior or contemporaneous agreements
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or representations. If any term of this agreement is found to be invalid or
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unenforceable, the remaining provisions will remain effective.
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Last updated: 03/09/05
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Should you have any questions concerning this License Agreement, or if you
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desire to contact Oracle for any reason, please write:
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Oracle USA, Inc.
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500 Oracle Parkway,
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Redwood City, CA 94065
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Oracle may contact you to ask if you had a satisfactory experience installing
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and using this OTN software download.
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