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ORACLE JDBC
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https://www.oracle.com/database/technologies/appdev/jdbc-downloads.html
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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
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itself and its subsidiaries and affiliates under common control.
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"You" and "your" refers to the individual or entity that wishes to use
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the programs from Oracle. "Programs" refers to the software product
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you wish to download and use and program documentation. "License"
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refers to your right to use the programs under the terms of this
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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
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exclusive jurisdiction of, and venue in, the courts of San Francisco,
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San Mateo, or Santa Clara counties in California in any dispute
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arising out of or relating to this agreement.
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We are willing to license the programs to you only upon the condition
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that you accept all of the terms contained in this agreement. Read
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the terms carefully and select the "Accept" button at the bottom of
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the page to confirm your acceptance. If you are not willing to be
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bound by these terms, select the "Do Not Accept" button and the
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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
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the programs for purposes of developing your applications. You may
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also distribute the programs with your applications to your customers.
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If you want to use the programs for any purpose other than as
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expressly permitted under this agreement you must contact us, or an
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Oracle reseller, to obtain the appropriate license. We may audit your
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use of the programs. Program documentation is either shipped with the
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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
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programs. You may make a sufficient number of copies of the programs
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for the licensed use and 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
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proprietary rights;
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- use the programs to provide third party training on the content
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and/or functionality of the programs, except for training your
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licensed users;
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- assign this agreement or give the programs, program access or an
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interest in the programs to any individual or entity except as
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provided under this 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
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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
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distribute the programs to your end users provided that you do not
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charge your end users for use of the programs and provided your end
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users may only use the programs to run your applications for their
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business operations. Prior to distributing the programs you shall
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require your end users to execute an agreement binding them to terms
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consistent with those contained in this section and the sections of
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this agreement entitled "License Rights," "Ownership and
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Restrictions," "Export," "Disclaimer of Warranties and Exclusive
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Remedies," "No Technical Support," "End of Agreement," "Relationship
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Between the Parties," and "Open Source." You must also include a
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provision stating that your end users shall have no right to
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distribute the programs, and a provision specifying us as a third
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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
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damages caused by your distribution of the programs in breach of this
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agreements and/or failure to include the required contractual
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provisions in your end user agreement as stated above; (b) keep
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executed end user agreements and records of end user information
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including name, address, date of distribution and identity of programs
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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
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agreements so as to effect a timely cure of any end user breach, and
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to notify us of any 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
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and import laws govern your use of the programs, including technical
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data; additional information can be found on Oracle's Global Trade
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Compliance web site located at:
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http://www.oracle.com/products/export/index.html?content.html
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You agree that neither the programs nor any direct product thereof
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will be exported, directly, or indirectly, in violation of these laws,
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or will be used for any purpose prohibited by these laws including,
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without limitation, nuclear, chemical, or biological weapons
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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
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FURTHER DISCLAIM ALL WARRANTIES, EXPRESS AND IMPLIED, INCLUDING
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WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS
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FOR A PARTICULAR PURPOSE OR NONINFRINGEMENT.
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IN NO EVENT SHALL WE BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL,
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PUNITIVE OR CONSEQUENTIAL DAMAGES, OR DAMAGES FOR LOSS OF PROFITS,
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REVENUE, DATA OR DATA USE, INCURRED BY YOU OR ANY THIRD PARTY, WHETHER
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IN AN ACTION IN CONTRACT OR TORT, EVEN IF WE HAVE BEEN ADVISED OF THE
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POSSIBILITY OF SUCH DAMAGES. OUR ENTIRE LIABILITY FOR DAMAGES
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HEREUNDER SHALL IN NO EVENT EXCEED ONE THOUSAND 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,
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phone support, or updates to you for the programs licensed under this
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agreement.
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Restricted Rights
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If you distribute a license to the United States government, the
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programs, including documentation, shall be considered commercial
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computer software and you will place a legend, in addition to
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applicable copyright notices, on the documentation, and on the media
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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
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computer software' and use, duplication, and disclosure of the
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programs, including documentation, shall be subject to the licensing
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restrictions set forth in the applicable Oracle license agreement.
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Otherwise, programs delivered subject to the Federal Acquisition
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Regulations are 'restricted computer software' and use, duplication,
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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
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Parkway, 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
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programs. We have the right to terminate your right to use the
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programs if you fail to comply with any of the terms of this
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agreement, in which case you shall destroy all 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.
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Neither party will represent that it has any authority to assume or
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create any obligation, express or implied, on behalf of the other
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party, nor to represent the other party as agent, employee,
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franchisee, or in any other capacity. Nothing in this agreement shall
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be construed to limit either party's right to independently develop or
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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
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included in such software.
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Open Source
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"Open Source" software - software available without charge for use,
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modification and distribution - is often licensed under terms that
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require the user to make the user's modifications to the Open Source
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software or any software that the user 'combines' with the Open Source
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software freely available in source code form. If you use Open Source
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software in conjunction with the programs, you must ensure that your
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use does not: (i) create, or purport to create, obligations of us with
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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
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property or proprietary rights in the Oracle programs. For example,
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you may not develop a software program using an Oracle program and an
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Open Source program where such use results in a program file(s) that
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contains code from both the Oracle program and the Open Source program
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(including without limitation libraries) if the Open Source program is
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licensed under a license that requires any "modifications" be made
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freely available. You also may not combine the Oracle program with
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programs licensed under the GNU General Public License ("GPL") in any
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manner that could cause, or could be interpreted or asserted to cause,
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the Oracle program or any modifications thereto to become subject to
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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
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programs and licenses, and this agreement supersedes all prior or
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contemporaneous agreements or representations. If any term of this
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agreement is found to be invalid or unenforceable, the remaining
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provisions will remain effective.
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Last updated: 03/09/05
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