OTN

Oracle Technology Network License Agreement

Oracle is willing to authorize Your access to software associated with this License Agreement 
(“Agreement”) only upon the condition that You accept that this Agreement governs Your use of 
the software. By selecting the “Accept License Agreement” button or box (or the equivalent) or 
installing or using the Programs You indicate Your acceptance of this Agreement and Your agreement, 
as an authorized representative of Your company or organization (if being acquired for use by an 
entity) or as an individual, to comply with the license terms that apply to the software that You 
wish to download and access. If You are not willing to be bound by this Agreement, do not select 
the “Accept License Agreement” button or box (or the equivalent) and do not download or access 
the software.

Definitions

"Oracle" refers to Oracle America, Inc. "You" and "Your" refers to (a) a company or organization 
(each an “Entity”) accessing the Programs, if use of the Programs will be on behalf of such 
Entity; or (b) an individual accessing the Programs, if use of the Programs will not be on behalf 
of an Entity. “Contractors” refers to Your agents and contractors (including, without 
limitation, outsourcers). "Program(s)" refers to Oracle software provided by Oracle pursuant to 
this Agreement and any updates, error corrections, and/or Program Documentation provided by Oracle. 
“Program Documentation” refers to Program user manuals and Program installation manuals, if 
any. If available, Program Documentation may be delivered with the Programs and/or may be accessed 
from www.oracle.com/documentation. “Associated Product” refers to the Oracle product(s), if 
any, and as identified in the Programs documentation or on the Programs download site, with which 
the Programs are intended to enable or enhance interoperation with Your application(s). “Separate 
Terms” refers to separate license terms that are specified in the Program Documentation, readmes 
or notice files and that apply to Separately Licensed Third Party Technology. “Separately 
Licensed Third Party Technology” refers to third party technology that is licensed under Separate 
Terms and not under the terms of this Agreement.

License Rights and Restrictions

Oracle grants You a nonexclusive, nontransferable, limited license to, subject to the restrictions 
stated in this Agreement, (a) internally use the Programs solely for the purposes of developing, 
testing, prototyping and demonstrating Your applications, and running the Programs for Your own 
internal business operations; and (b) redistribute unmodified Programs and Programs Documentation 
pursuant to the Programs Redistribution section below. You may allow Your Contractor(s) to use the 
Programs, provided they are acting on Your behalf to exercise license rights granted in this 
Agreement and further provided that You are responsible for their compliance with this Agreement in 
such use. You will have a written agreement with Your Contractor(s) that strictly limits their 
right to use the Programs and that otherwise protects Oracle’s intellectual property rights to 
the same extent as this Agreement. You may make copies of the Programs to the extent reasonably 
necessary to exercise the license rights granted in this Agreement. You may make one copy of the 
Programs for backup purposes.

Further, You may not:

    remove or modify any Program markings or any notice of Oracle’s or a licensor’s proprietary 
rights;
    use the Programs to provide third party training unless Oracle expressly authorizes such use on 
the Program’s download page;
    assign this Agreement or distribute, give, or transfer the Programs or an interest in them to 
any third party, except as expressly permitted in this Agreement (the foregoing shall not be 
construed to limit the rights You may otherwise have with respect to Separately Licensed Third 
Party Technology);
    cause or permit reverse engineering (unless required by law for interoperability), disassembly 
or decompilation of the Programs; and
    disclose results of any Program benchmark tests without Oracle’s prior consent.

The Programs may contain source code that, unless expressly licensed in this Agreement for other 
purposes (for example, licensed under an open source license), is provided solely for reference 
purposes pursuant to the terms of this Agreement and may not be modified.

All rights not expressly granted in this Agreement are reserved by Oracle. If You want to use the 
Programs or Your application for any purpose other than as expressly permitted under this 
Agreement, You must obtain from Oracle or an Oracle reseller a valid Programs license under a 
separate agreement permitting such use. However, You acknowledge that the Programs may not be 
intended for production use and/or Oracle may not make a version of the Programs available for 
production or other purposes; any development or other work You undertake with the Programs is at 
Your sole risk.

Programs Redistribution

We grant You a nonexclusive, nontransferable right to copy and distribute unmodified Programs and 
Programs Documentation as part of and included in Your application that is intended to interoperate 
with the Associated Product, if any, provided that You do not charge Your end users any additional 
fees for the use of the Programs. Prior to distributing the Programs and Programs Documentation, 
You shall require Your end users to execute an agreement binding them to terms, with respect to the 
Programs and Programs Documentation, materially consistent and no less restrictive than those 
contained in this section and the sections of this Agreement entitled “License Rights and 
Restrictions” (except that the redistribution right granted to You shall not be included; Your 
end users may not distribute Programs and Programs Documentation to any third parties), 
"Ownership," "Export Controls," "Disclaimer of Warranties; Limitation of Liability," "No Technical 
Support" (with respect to Oracle support; You may provide Your own support for Programs at Your 
discretion), "Audit; Termination (except that Oracle’s audit right shall not be included)," 
"Relationship Between the Parties," and “U.S. Government End Users.” You must also include a 
provision stating that Your end users shall have no right to distribute the Programs and Programs 
Documentation, 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 and Programs Documentation 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

Oracle or its licensors retain all ownership and intellectual property rights to the Programs.

Third-Party Technology

The Programs may contain or require the use of third party technology that is provided with the 
Programs. Oracle may provide certain notices to You in Program Documentation, readmes or notice 
files in connection with such third party technology. Third party technology will be licensed to 
You either under the terms of this Agreement or, if specified in the Program Documentation, readmes 
or notice files, under Separate Terms. Your rights to use Separately Licensed Third Party 
Technology under Separate Terms are not restricted in any way by this Agreement. However, for 
clarity, notwithstanding the existence of a notice, third party technology that is not Separately 
Licensed Third Party Technology shall be deemed part of the Programs and is licensed to You under 
the terms of this Agreement.

Source Code for Open Source Software

For software that You receive from Oracle in binary form that is licensed under an open source 
license that gives You the right to receive the source code for that binary, You can obtain a copy 
of the applicable source code from https://oss.oracle.com/sources/ or 
http://www.oracle.com/goto/opensourcecode. If the source code for such software was not provided to 
You with the binary, You can also receive a copy of the source code on physical media by submitting 
a written request pursuant to the instructions in the "Written Offer for Source Code" section of 
the latter website.

Export Controls

Export laws and regulations of the United States and any other relevant local export laws and 
regulations apply to the Programs . You agree that such export control laws govern Your use of the 
Programs (including technical data) and any services deliverables provided under this agreement, 
and You agree to comply with all such export laws and regulations (including "deemed export" and 
"deemed re-export" regulations). You agree that no data, information, program and/or materials 
resulting from Programs or services (or direct products 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, or 
development of missile technology. Accordingly, You confirm:

    You will not download, provide, make available or otherwise export or re-export the Programs, 
directly or indirectly, to countries prohibited by applicable laws and regulations 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 and Blocked Persons, 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 applicable law, including, without limitation, for the development, design, 
manufacture or production of nuclear, chemical or biological weapons of mass destruction.

Information Collection

The Programs’ installation and/or auto-update processes, if any, may transmit a limited amount of 
data to Oracle or its service provider about those processes to help Oracle understand and optimize 
them. Oracle does not associate the data with personally identifiable information. Refer to 
Oracle’s Privacy Policy at www.oracle.com/privacy.

Disclaimer of Warranties; Limitation of Liability

THE PROGRAMS ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND. ORACLE FURTHER DISCLAIMS ALL 
WARRANTIES, EXPRESS AND IMPLIED, INCLUDING WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF 
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT .

IN NO EVENT WILL ORACLE 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 ORACLE HAS BEEN ADVISED OF THE POSSIBILITY 
OF SUCH DAMAGES. ORACLE’S ENTIRE LIABILITY FOR DAMAGES UNDER THIS AGREEMENT SHALL IN NO EVENT 
EXCEED ONE THOUSAND DOLLARS (U.S. $1,000) .

No Technical Support

Unless Oracle support for the Programs, if any, is expressly included in a separate, current 
support agreement between You and Oracle, Oracle’s technical support organization will not 
provide technical support, phone support, or updates to You for the Programs provided under this 
Agreement.

Audit; Termination

Oracle may audit Your use of the Programs. You may terminate this Agreement by destroying all 
copies of the Programs. This Agreement shall automatically terminate without notice if You fail to 
comply with any of the terms of this Agreement, in which case You shall promptly destroy all copies 
of the Programs.

U.S. Government End Users

Programs and/or Programs Documentation delivered to U.S. Government end users are “commercial 
computer software” pursuant to the applicable Federal Acquisition Regulation and agency-specific 
supplemental regulations. As such, use, duplication, disclosure, modification, and adaptation of 
the Programs and/or Programs Documentation shall be subject to the license terms and license 
restrictions set forth in this Agreement. No other rights are granted to the U.S. Government.

Relationship Between the Parties

Oracle is an independent contractor and we agree that no partnership, joint venture, or agency 
relationship exists between us. We each will be responsible for paying our own employees, including 
employment related taxes and insurance.. 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.

Entire Agreement; Governing Law

You agree that this Agreement is the complete agreement for the Programs and this Agreement 
supersedes all prior or contemporaneous agreements or representations, including any clickwrap, 
shrinkwrap or similar licenses, or license agreements for prior versions of the Programs. This 
Agreement may not be modified and the rights and restrictions may not be altered or waived except 
in a writing signed by authorized representatives of You and of Oracle. If any term of this 
Agreement is found to be invalid or unenforceable, the remaining provisions will remain effective.

This Agreement is governed by the substantive and procedural laws of the State of California, USA, 
and You and Oracle agree to submit to the exclusive jurisdiction of, and venue in, the courts of 
San Francisco or Santa Clara counties in California in any dispute arising out of or relating to 
this Agreement.

Notices

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 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.

Last updated: 30 November 2016