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LICENSE.OTN
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Napp provides the Oracle JDBC driver (ojdbc) under the following license:
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;
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” (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 and Restrictions," "Export Controls," "Disclaimer of
Warranties and Exclusive Remedies," "No Technical Support" (with respect to
Oracle support; You may provide Your own support for Programs at Your
discretion), "End of Agreement," "Relationship Between the Parties," "Open
Source Software," 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: 11 August 2016