ORACLE LINUX LICENSE AGREEMENT
“We,” “us,” “our” and “Oracle” refers to Oracle America, Inc. “You” and “your” refers to the individual or entity that has acquired the Oracle Linux programs. “Oracle Linux programs” refers to the Linux software product which you have acquired. “License” refers to your right to use the Oracle Linux programs under the terms of this Agreement and the licenses referenced herein. This Agreement is governed by the substantive and procedural laws of the United States
and the State of California 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.
We are willing to provide a copy of the Oracle Linux programs to you only upon the condition that you accept all of the terms contained in this Agreement. Read the terms carefully and indicate your acceptance by either selecting the “Accept” button at the bottom of the page to confirm your acceptance, if you are downloading the Oracle Linux programs, or continuing to install the Oracle Linux programs, if you have received this Agreement during the installation process. If you are not willing to be bound by these terms, select the “Do Not Accept” button or discontinue the installation process.
1. Grant of Licenses to the Oracle Linux programs. Subject to the terms of this Agreement, Oracle grants to you a license to the Oracle Linux programs under the GNU General Public License version 2.0. The Oracle Linux programs contain many components developed by Oracle and various third parties. The license for each component is located in the licensing documentation and/or in the component’s source code. In addition, a list of components may be delivered with the Oracle Linux programs and the Additional Oracle Linux programs (as defined below) or accessed online at http://oss.oracle.com/linux/legal/oracle-list.html. The source code for the Oracle Linux Programs and the Additional Oracle Linux programs can be found and accessed online at https://oss.oracle.com/sources/. This agreement does not limit, supersede or modify your rights under the license associated with any separately licensed individual component.
2. Licenses to Additional Oracle Linux programs. Certain third-party technology (collectively the “Additional Oracle Linux programs”) may be included on the same medium or as part of the download of Oracle Linux programs you receive, but is not part of the Oracle Linux programs. Each Additional Oracle Linux program is licensed solely under the terms of the Mozilla Public License, Apache License, Common Public License, GNU Lesser General Public License,
Netscape Public License or similar license that is included with the relevant Additional Oracle Linux program.
3. Ownership. The Oracle Linux programs and their components and the Additional Oracle Linux programs are owned by Oracle or its licensors. Subject to the licenses granted and/or referenced herein, title to the Oracle Linux programs and their components and the Additional Oracle Linux programs remains with Oracle and/or its licensors.
4. Trademark License. You are permitted to distribute unmodified Oracle Linux programs or unmodified Additional Oracle Linux programs without removing the trademark(s) owned by Oracle or its affiliates that are included in the unmodified Oracle Linux programs or unmodified Additional Oracle Linux programs (the “Oracle Linux trademarks”). You may only distribute modified Oracle Linux programs or modified Additional Oracle Linux programs if you remove
relevant images containing the Oracle Linux trademarks. Certain files, identified in http://oss.oracle.com/linux/legal/oracle-list.html, include such trademarks. Do not delete these files, as deletion may corrupt the Oracle Linux programs or Additional Oracle Linux programs. You are not granted any other rights to Oracle Linux trademarks, and you acknowledge that you shall not gain any proprietary interest in the Oracle Linux trademarks. All goodwill arising out of use of the Oracle Linux trademarks shall inure to the benefit of Oracle or its affiliates. You may not use any trademarks owned by Oracle or its affiliates (including “ORACLE”) or potentially confusing variations (such as, “ORA”) as a part of your logo(s), product name(s), service name(s), company name, or domain name(s) even if such products, services or domains include, or are related to, the Oracle Linux programs or Additional Oracle Linux programs.
5. Limited Warranty. THE ORACLE LINUX PROGRAMS AND ADDITIONAL ORACLE LINUX 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 OR FITNESS FOR A PARTICULAR PURPOSE.
6. Limitation of Liability. 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 HUNDRED DOLLARS (U.S.).
7. No Technical Support. Our technical support organization will not provide technical support, phone support, or updates to you for the materials licensed under this Agreement. Technical support, if available, may be acquired from Oracle or its affiliates under a separate agreement.
8. 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 programs that are functionally similar to the other party’s products, so long as proprietary information of the other party is not included in such programs.
9. Entire Agreement. You agree that this Agreement is the complete Agreement for the Oracle Linux programs and the Additional Oracle Linux programs, 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. Neither the Uniform Computer Information Transactions Act nor the United Nations Convention on the International Sale of Goods applies to this agreement.
You can find a copy of the GNU General Public License version 2.0 in the “copying” or “license” file included with the Oracle Linux programs or here: http://oss.oracle.com/licenses/GPL-2.
OFFER TO PROVIDE SOURCE CODE
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. Alternatively, if the source code for the technology 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 to:
Oracle America, Inc.
Attn: Associate General Counsel
Development and Engineering Legal
500 Oracle Parkway, 10th Floor
Redwood Shores, CA 94065
Or, you may send an email to Oracle using the form linked from
http://www.oracle.com/goto/opensourcecode. Your written or emailed request should include:
The name of the component or binary file(s) for which you are requesting the source code
The name and version number of the Oracle product
The date you received the Oracle product
Your name
Your company name (if applicable)
Your return mailing address and email
A telephone number in the event we need to reach you.
We may charge you a fee to cover the cost of physical media and processing. Your request must be sent (i) within three (3) years of the date you received the Oracle product that included the component or binary file(s) that are the subject of your request, or (ii) in the case of code licensed under the GPL v3, for as long as Oracle offers spare parts or customer support for that product model or version.
Last updated 24 March 2017
Oracle Technology Network Developer License Terms
for Oracle Database Express Edition
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 Program (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 services (or 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, 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 Program for, and will not allow the Program 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.
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.
PLEASE READ THE FOLLOWING LICENSE AGREEMENT TERMS AND CONDITIONS CAREFULLY BEFORE DOWNLOADING, INSTALLING OR USING THE PROGRAMS. THESE TERMS AND CONDITIONS CONSTITUTE A LEGAL AGREEMENT BETWEEN YOU AND ORACLE.
Note: Your use of Oracle Database 18c Express Edition is governed by the OTN Developer License Terms for Oracle Database Express Edition terms. The OTN License Agreement for Oracle Database 18c Express Edition 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) solely with respect to your use of Oracle Database 18c Express Edition.
Oracle Database 18c Express Edition License Agreement
“We,” “us,” and “our” refers to Oracle America, Inc. “You” and “your” refers to the individual or entity that has acquired the programs. “Programs” refers to the software product which you have acquired and program documentation. “License” refers to your right to use the programs 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 California in any dispute 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 indicate your acceptance by either selecting the “Accept” button at the bottom of the page to confirm your acceptance, if you are licensing via our online system, or continuing to install the program if you have received this license agreement during the installation process. If you are not willing to be bound by these terms, select the “Do Not Accept” button or discontinue the installation process and the registration process will not continue.
License Rights
We grant you a nonexclusive, nontransferable limited license to use the programs for: (a) purposes of developing, prototyping and running your applications for your own internal data processing operations; (b) you may also distribute the programs with your applications; (c) you may use the programs to provide third party demonstrations and training; and d) you may copy and distribute the programs to your licensees provided that each such licensee agrees to the terms of this Agreement. You are not permitted to use the programs for any purpose other than as permitted under this Agreement. Program documentation is either shipped with the programs, or documentation may accessed online at http://www.oracle.com/technetwork/indexes/documentation/index.html.
Oracle Database 18c Express Edition automatically constrains itself to the following resource restrictions;
1. 2 CPU threads;
2. 2 GB of RAM; and
3. 12 GB of user data.
Any methods or modifications to the software applied to circumvent these restrictions are not permitted.
Third-Party Technology
The Programs may contain or be distributed with certain third-party technology. Oracle may provide certain notices related to such third-party technology in the program documentation, or in readme or notice files provided with the Programs.
Third party technology will be licensed to you either under the terms of this agreement, or, if specified in the program documentation, readme files or otherwise in writing, under separate license terms (“Separate Terms”) and not under the terms of this agreement (“Separately Licensed Third Party Technology”). Licensee’s rights to use such Separately Licensed Third Party Technology under the Separate Terms are not restricted or modified in any way by this Agreement.
Trademarks and Copyrights
You agree not to use Oracle trademarks (including “ORACLE”) or potentially confusing variations (including “ORA”) as a part of your product name(s), service name(s), company name, or domain name(s). In marketing, promoting, or distributing the programs, you agree to make it clear that Oracle is the source of the programs. You shall include on all copies of the programs used or distributed by you: A. A reproduction of Oracle’s copyright notice; or
B. A copyright notice indicating that the copyright is vested in you containing the following:
1. A “c” in a circle and the word “copyright”;
2. Your name;
3. The date of copyright; and
4. The words “All rights reserved.”
Such notices shall be placed on the documentation, the sign-on screen for any software incorporating the programs, and any media containing the programs.
Ownership and Restrictions
We retain all ownership and intellectual property rights in the programs. You may make a reasonable number of copies of the programs for backup purposes.
You may not:
– remove or modify any program markings or any notice of our proprietary rights;
– assign this Agreement or give or transfer the programs to another individual or entity except as specified in this Agreement;
– cause or permit reverse engineering 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?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 OR FITNESS FOR A PARTICULAR PURPOSE.
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).
Additional Trial Programs
We may include additional trial programs with your download of the Programs licensed under this agreement. You will have 30 days from the delivery date to evaluate these additional trial programs. Any use of these trial programs after the 30-day trial period requires you to obtain the applicable license. Any additional trial programs are provided “as is” and we do not provide technical support or any warranties for these programs.
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.
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.
Other
Upon 45 days written notice Oracle may audit the use of the program. You agree to cooperate with Oracle’s audit and provide reasonable assistance and access to information. You agree that Oracle shall not be responsible for any of your costs incurred in cooperating with the audit.
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: 04 October 2018
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.