ORACLE PROGRAM LICENSE CAUTION: Please don't open this package or use the enclosed software unless you've reviewed and accepted the following terms. Oracle Corporation ("Oracle") grants you ("Customer") a license to use the enclosed software and documentation ("Program") as indicated below.
LICENSE: Customer may use Program solely for Customer's internal data processing operations subject to the use limitations specified in Oracle's Price List and Customer's ordering documents accepted by Oracle ("Order"). If the license is for concurrent use and multiplexing software or hardware (e.g. a TP monitor) is used, the concurrent use must be measured at the multiplexing front-end. Customer may make one copy of Program for backup; rights to make additional copies, if any, may be specified in Order. No other copies shall be made without Oracle's prior written consent. Customer shall not: (a) remove any product identification, copyright notices, or other notices or proprietary restrictions from Program; (b) use Program for commercial timesharing, rental, or service bureau use; (c) transfer, sell, assign or otherwise convey Program to another party without Oracle's prior written consent; (d) cause or permit reverse engineering, disassembly, or decompilation of Program; and (e) disclose results of any benchmark tests of Program to any third party without Oracle's prior written approval. To use a Program ordered by Customer ("ordered Program"), Customer may need to use an ancillary Program embedded in or delivered with ordered Program. An ancillary Program may be used only as described in the Order or documentation for implementation of ordered Program and for no other purpose. Customer shall have no right to use any other software Program that may be delivered with ordered Programs. Customer may only use one of the protocols delivered with Program.
COPYRIGHT: Program is the proprietary product of Oracle and is protected by copyright law. Customer acquires only the right to use Program and does not acquire any rights of ownership in Program or media upon which it is embodied. Oracle, or its licensor, shall at all times retain all rights, title and interest in Program and media.
WARRANTIES/EXCLUSIVE REMEDIES: Oracle warrants that for 90 days from date of delivery to Customer: (a) Program media (if any) is free of defects in materials and workmanship under normal use; and (b) unmodified Program, will substantially perform functions described in documentation provided by Oracle when operated on the designated computer and operating system. Oracle does not warrant that: Program will meet Customer's requirements, Program will operate in combinations Customer may select for use, operation of Program will be uninterrupted or error-free, or all Program errors will be corrected. These warranties are exclusive and in lieu of all other warranties, whether express or implied, including implied warranties of merchantability or fitness for a particular purpose. Oracle will replace any defective media without charge if it's returned to Oracle within the 90 day period. If Customer reports a defect in Program within the 90 day period, Oracle shall, at its option, correct the defect, provide Customer with a reasonable procedure to circumvent the defect, or, upon return of Program to Oracle by Customer, refund the license fees paid by Customer. These are Customer's exclusive remedies for any breach of warranty.
LIMITATION OF LIABILITY: ORACLE SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, OR DAMAGES FOR LOSS OF PROFITS, REVENUE, DATA OR DATA USE, INCURRED BY CUSTOMER OR ANY THIRD PARTY, WHETHER IN AN ACTION IN CONTRACT OR TORT, EVEN IF CUSTOMER OR ANY OTHER PERSON HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. ORACLE'S LIABILITY FOR DAMAGES HEREUNDER SHALL IN NO EVENT EXCEED THE FEES PAID BY CUSTOMER FOR THIS LICENSE.
RESTRICTED RIGHTS: If Program is delivered to the U.S. Defense Dept., it is delivered with Restricted Rights and the following applies: "Restricted Rights Legend Use, duplication or disclosure by Government is subject to restrictions as currently set forth in subparagraph (c)(1)(ii) of DFARS 252-227-7013, Rights in Technical Data and Computer Software (October 1988). Oracle Corp. 500 Oracle Pkwy., Redwood City, CA, 94065. If Program is delivered to a U.S. Government Agency not within Defense, Dept. it is delivered with "Restricted Rights" as defined in FAR 52.227-14, Rights in Data - General, including Alternate III (June 1987)."
Except as specified herein, all terms of any Customer purchase order or other order document shall be superseded by this license. Customer shall comply fully with all laws and regulations to assure that neither Program, nor any direct product thereof, is exported, directly or indirectly, in violation of law. This license is governed by California law.
