Search Appliance SBE
Walking external Oracle databases with the DBWalker module may use the Oracle driver, subject to the license below:
ORACLE TECHNOLOGY NETWORK DEVELOPMENT AND DISTRIBUTION LICENSE AGREEMENT
"We," "us," and "our" refers to Oracle USA, Inc., for and on behalf of
itself and its subsidiaries and affiliates under common control.
"You" and "your" refers to the individual or entity that wishes to use
the programs from Oracle. "Programs" refers to the software product
you wish to download and use 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 for purposes of developing 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 on the content
and/or functionality of the programs, except for training your
licensed users;
- 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; 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," "Ownership and
Restrictions," "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; additional information can be found on Oracle's Global Trade
Compliance web site located at:
http://www.oracle.com/products/export/index.html?content.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 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 USA, Inc., 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: 03/09/05