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Oracle Entitlement 5 plus 15
Oracle Entitlement 5 plus 15
Oracle Corporation ("ORACLE") ENTITLEMENT for SOFTWARE
Licensee/Company: Entity receiving Software.
Effective Date: Date of delivery of the Software to You.
License Term: Perpetual (subject to termination under the SLA).
Licensed Unit: Software Copy.
Licensed unit Count: Unlimited.
1. You may reproduce and use the Software for Your own Individual,
Commercial and Research and Instructional Use only for the purposes of
designing, developing, testing, and running Your applets and
2. Subject to the terms and conditions of this Agreement and
restrictions and exceptions set forth in the Software's documentation,
You may reproduce and distribute portions of Software identified as a
redistributable in the documentation (each a "Redistributable"),
provided that You comply with the following (note that You may be
entitled to reproduce and distribute other portions of the Software not
defined in the documentation as a Redistributable under certain other
licenses as described in the THIRDPARTYLICENSEREADME, if applicable):
(a) You distribute Redistributable complete and unmodified and only
bundled as part of Your Programs,
(b) Your Programs add significant and primary functionality to the
(c) You distribute Redistributable for the sole purpose of running Your
(d) You do not distribute additional software intended to replace any
component(s) of the Redistributable,
(e) You do not remove or alter any proprietary legends or notices
contained in or on the Redistributable.
(f) You only distribute the Redistributable subject to a license
agreement that protects Oracle's interests consistent with the terms
contained in this Agreement, and
(g) You agree to defend and indemnify Oracle and its licensors from and
against any damages, costs, liabilities, settlement amounts and/or
expenses (including attorneys' fees) incurred in connection with any
claim, lawsuit or action by any third party that arises or results from
the use or distribution of any and all Programs and/or
3. Java Technology Restrictions. You may not create, modify, or change
the behavior of, or authorize Your licensees to create, modify, or
change the behavior of, classes, interfaces, or subpackages that are in
any way identified as "java", "javax", "sun" or similar convention as
specified by Oracle in any naming convention designation.
4. No Diagnostic, Maintenance, Repair or Technical Support Services.
The scope of Your license does not include any right, express or
implied, (i) to access, copy, distribute, display or use the Software
to provide diagnostic, maintenance, repair or technical support
services for Oracle software or Oracle hardware on behalf of any third party
for Your direct or indirect commercial gain or advantage, without Oracle's
prior written authorization, or (ii) for any third party to access,
copy, distribute, display or use the Software to provide diagnostic,
maintenance, repair or technical support services for Oracle software or
Oracle hardware on Your behalf for such party's direct or indirect
commercial gain or advantage, without Oracle's prior written
authorization. The limitations set forth in this paragraph apply to any
and all error corrections, patches, updates, and upgrades to the
Software You may receive, access, download or otherwise obtain from
5. Records and Documentation. During the term of the SLA and
Entitlement, and for a period of three (3) years thereafter, You agree
to keep proper records and documentation of Your compliance with the
SLA and Entitlement. Upon Oracle's reasonable request, You will provide
copies of such records and documentation to Oracle for the purpose of
confirming Your compliance with the terms and conditions of the SLA and
Entitlement. This section will survive any termination of the SLA and
Entitlement. You may terminate this SLA and Entitlement at any time by
destroying all copies of the Software in which case the obligations set
forth in Section 7 of the SLA shall apply.
Oracle Corporation ("ORACLE")
SOFTWARE LICENSE AGREEMENT
READ THE TERMS OF THIS AGREEMENT ("AGREEMENT") CAREFULLY BEFORE OPENING
SOFTWARE MEDIA PACKAGE. BY OPENING SOFTWARE MEDIA PACKAGE, YOU AGREE TO
THE TERMS OF THIS AGREEMENT. IF YOU ARE ACCESSING SOFTWARE
ELECTRONICALLY, INDICATE YOUR ACCEPTANCE OF THESE TERMS BY SELECTING
THE "ACCEPT" BUTTON AT THE END OF THIS AGREEMENT. IF YOU DO NOT AGREE
TO ALL OF THE TERMS, PROMPTLY RETURN THE UNUSED SOFTWARE TO YOUR PLACE
OF PURCHASE FOR A REFUND OR, IF SOFTWARE IS ACCESSED ELECTRONICALLY,
SELECT THE "DECLINE" (OR "EXIT") BUTTON AT THE END OF THIS AGREEMENT.
IF YOU HAVE SEPARATELY AGREED TO LICENSE TERMS ("MASTER TERMS") FOR
YOUR LICENSE TO THIS SOFTWARE, THEN SECTIONS 1-6 OF THIS AGREEMENT
("SUPPLEMENTAL LICENSE TERMS") SHALL SUPPLEMENT AND SUPERSEDE THE
MASTER TERMS IN RELATION TO THIS SOFTWARE.
(a) "Entitlement" means the collective set of applicable documents
authorized by Oracle evidencing your obligation to pay associated fees (if
any) for the license, associated Services, and the authorized scope of
use of Software under this Agreement.
(b) "Licensed Unit" means the unit of measure by which your use of
Software and/or Service is licensed, as described in your Entitlement.
(c) "Permitted Use" means the licensed Software use(s) authorized
in this Agreement as specified in your Entitlement. The Permitted Use
for any bundled Oracle software not specified in your Entitlement will be
evaluation use as provided in Section 3.
(d) "Service" means the service(s) that Oracle or its delegate will
provide, if any, as selected in your Entitlement and as further
described in the applicable service listings at
(e) "Software" means the Oracle software described in your
Entitlement. Also, certain software may be included for evaluation use
under Section 3.
(f) "You" and "Your" means the individual or legal entity specified
in the Entitlement, or for evaluation purposes, the entity performing
2. License Grant and Entitlement.
Subject to the terms of your Entitlement, Oracle grants you a
nonexclusive, nontransferable limited license to use Software for its
Permitted Use for the license term. Your Entitlement will specify (a)
Software licensed, (b) the Permitted Use, (c) the license term, and (d)
the Licensed Units.
Additionally, if your Entitlement includes Services, then it will also
specify the (e) Service and (f) service term.
If your rights to Software or Services are limited in duration and the
date such rights begin is other than the purchase date, your
Entitlement will provide that beginning date(s).
The Entitlement may be delivered to you in various ways depending on
the manner in which you obtain Software and Services, for example, the
Entitlement may be provided in your receipt, invoice or your contract
with Oracle or authorized Oracle reseller. It may also be in electronic
format if you download Software.
3. Permitted Use.
As selected in your Entitlement, one or more of the following Permitted
Uses will apply to your use of Software. Unless you have an Entitlement
that expressly permits it, you may not use Software for any of the
other Permitted Uses. If you don't have an Entitlement, or if your
Entitlement doesn't cover additional software delivered to you, then
such software is for your Evaluation Use.
(a) Evaluation Use. You may evaluate Software internally for a period
of 90 days from your first use.
(b) Research and Instructional Use. You may use Software internally to
design, develop and test, and also to provide instruction on such
(c) Individual Use. You may use Software internally for personal,
(d) Commercial Use. You may use Software internally for your own
(e) Service Provider Use. You may make Software functionality
accessible (but not by providing Software itself or through outsourcing
services) to your end users in an extranet deployment, but not to your
affiliated companies or to government agencies.
4. Licensed Units.
Your Permitted Use is limited to the number of Licensed Units stated in
your Entitlement. If you require additional Licensed Units, you will
need additional Entitlement(s).
(a) The copies of Software provided to you under this Agreement are
licensed, not sold, to you by Oracle. Oracle reserves all rights not
expressly granted. (b) You may make a single archival copy of Software,
but otherwise may not copy, modify, or distribute Software. However if
the Oracle documentation accompanying Software lists specific portions of
Software, such as header files, class libraries, reference source code,
and/or redistributable files, that may be handled differently, you may
do so only as provided in the Oracle documentation. (c) You may not rent,
lease, lend or encumber Software. (d) Unless enforcement is prohibited
by applicable law, you may not decompile, or reverse engineer Software.
(e) The terms and conditions of this Agreement will apply to any
Software updates, provided to you at Oracle's discretion, that replace
and/or supplement the original Software, unless such update contains a
separate license. (f) You may not publish or provide the results of any
benchmark or comparison tests run on Software to any third party
without the prior written consent of Oracle. (g) Software is confidential
and copyrighted. (h) Unless otherwise specified, if Software is
delivered with embedded or bundled software that enables functionality
of Software, you may not use such software on a stand-alone basis or
use any portion of such software to interoperate with any program(s)
other than Software. (i) Software may contain programs that perform
automated collection of system data and/or automated software updating
services. System data collected through such programs may be used by
Oracle, its subcontractors, and its service delivery partners for the
purpose of providing you with remote system services and/or improving
Oracle's software and systems. (j) Software is not designed, licensed or
intended for use in the design, construction, operation or maintenance
of any nuclear facility and Oracle and its licensors disclaim any express
or implied warranty of fitness for such uses. (k) No right, title or
interest in or to any trademark, service mark, logo or trade name of
Oracle or its licensors is granted under this Agreement.
6. Java Compatibility and Open Source.
Software may contain Java technology. You may not create additional
classes to, or modifications of, the Java technology, except under
compatibility requirements available under a separate agreement
available at www.java.net.
Oracle supports and benefits from the global community of open source
developers, and thanks the community for its important contributions
and open standards-based technology, which Oracle has adopted into many of
Please note that portions of Software may be provided with notices and
open source licenses from such communities and third parties that
govern the use of those portions, and any licenses granted hereunder do
not alter any rights and obligations you may have under such open
source licenses, however, the disclaimer of warranty and limitation of
liability provisions in this Agreement will apply to all Software in
7. Term and Termination.
The license and service term are set forth in your Entitlement(s). Your
rights under this Agreement will terminate immediately without notice
from Oracle if you materially breach it or take any action in derogation
of Oracle's and/or its licensors' rights to Software. Oracle may terminate
this Agreement should any Software become, or in Oracle's reasonable
opinion likely to become, the subject of a claim of intellectual
property infringement or trade secret misappropriation. Upon
termination, you will cease use of, and destroy, Software and confirm
compliance in writing to Oracle. Sections 1, 5, 6, 7, and 9-15 will
survive termination of the Agreement.
8. Limited Warranty.
Oracle warrants to you that for a period of 90 days from the date of
purchase, as evidenced by a copy of the receipt, the media on which
Software is furnished (if any) will be free of defects in materials and
workmanship under normal use. Except for the foregoing, Software is
provided "AS IS". Your exclusive remedy and Oracle's entire liability
under this limited warranty will be at Oracle's option to replace Software
media or refund the fee paid for Software. Some states do not allow
limitations on certain implied warranties, so the above may not apply
to you. This limited warranty gives you specific legal rights. You may
have others, which vary from state to state.
9. Disclaimer of Warranty.
UNLESS SPECIFIED IN THIS AGREEMENT, ALL EXPRESS OR IMPLIED CONDITIONS,
REPRESENTATIONS AND WARRANTIES, INCLUDING ANY IMPLIED WARRANTY OF
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT
ARE DISCLAIMED, EXCEPT TO THE EXTENT THAT THESE DISCLAIMERS ARE HELD TO
BE LEGALLY INVALID.
10. Limitation of Liability.
TO THE EXTENT NOT PROHIBITED BY LAW, IN NO EVENT WILL ORACLE OR ITS
LICENSORS BE LIABLE FOR ANY LOST REVENUE, PROFIT OR DATA, OR FOR
SPECIAL, INDIRECT, CONSEQUENTIAL, INCIDENTAL OR PUNITIVE DAMAGES,
HOWEVER CAUSED REGARDLESS OF THE THEORY OF LIABILITY, ARISING OUT OF OR
RELATED TO THE USE OF OR INABILITY TO USE SOFTWARE, EVEN IF ORACLE HAS
BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. In no event will Oracle's
liability to you, whether in contract, tort (including negligence), or
otherwise, exceed the amount paid by you for Software under this
Agreement. The foregoing limitations will apply even if the above
stated warranty fails of its essential purpose. Some states do not
allow the exclusion of incidental or consequential damages, so some of
the terms above may not be applicable to you.
11. Export Regulations.
All Software, documents, technical data, and any other materials
delivered under this Agreement are subject to U.S. export control laws
and may be subject to export or import regulations in other countries.
You agree to comply strictly with these laws and regulations and
acknowledge that you have the responsibility to obtain any licenses to
export, re-export, or import as may be required after delivery to you.
12. U.S. Government Restricted Rights.
If Software is being acquired by or on behalf of the U.S. Government or
by a U.S. Government prime contractor or subcontractor (at any tier),
then the Government's rights in Software and accompanying documentation
will be only as set forth in this Agreement; this is in accordance with
48 CFR 227.7201 through 227.7202-4 (for Department of Defense (DOD)
acquisitions) and with 48 CFR 2.101 and 12.212 (for non-DOD
13. Governing Law.
Any action related to this Agreement will be governed by California law
and controlling U.S. federal law. No choice of law rules of any
jurisdiction will apply.
If any provision of this Agreement is held to be unenforceable, this
Agreement will remain in effect with the provision omitted, unless
omission would frustrate the intent of the parties, in which case this
Agreement will immediately terminate.
This Agreement, including any terms contained in your Entitlement, is
the entire agreement between you and Oracle relating to its subject
matter. It supersedes all prior or contemporaneous oral or written
communications, proposals, representations and warranties and prevails
over any conflicting or additional terms of any quote, order,
acknowledgment, or other communication between the parties relating to
its subject matter during the term of this Agreement. No modification
of this Agreement will be binding, unless in writing and signed by an
authorized representative of each party.
For inquiries please contact: Oracle Corporation, 500 Oracle Parkway,
Redwood Shores, California 94065, USA.