Oracle Standard Terms and Restrictions These Oracle Standard Terms and Restrictions apply to all programs available on this portal except for those programs identified in the Special Programs License below. Oracle authorizes your access to programs you wish to download from this portal only upon the condition that (1) you have already obtained a license from Oracle, or an Oracle partner, for your use of the programs and that your Oracle Master Agreement, Oracle License and Services Agreement, Oracle PartnerNetwork Agreement, Oracle distribution agreement, or other license agreement for the programs with Oracle or an Oracle partner, plus the applicable ordering document(s) with Oracle or an Oracle partner (each license agreement and associated ordering document collectively the "Commercial License"), governs your use of the programs, or (2) if you have not already obtained a license from Oracle or an Oracle Partner for your use of the programs, you accept that the Oracle Trial License Agreement below (displayed after the Oracle Special Programs License Agreement) governs your use of the programs for the time specified in such agreement. Note: Programs downloaded for trial use or downloaded as replacement media may not be used to update any unsupported programs. By selecting the "I accept" button or box (or the equivalent) you indicate your acceptance of these terms 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 programs that you wish to download and access. If you are not willing to be bound by these terms, do not select the "I accept" button or box (or the equivalent) and do not download or access the programs. Oracle Special Programs License Agreement This Oracle Special Programs License Agreement ("Special Programs License") applies to your access and use of the following Oracle programs available from this portal: • Oracle Linux, Oracle VM Server, Oracle VM Manager, and/or any other software distributed as part of the foregoing programs, whether the program is downloaded (1) as a standalone program, or (2) as part of a Virtual Machine (defined in Section A of this Special Programs License below); and • Oracle Solaris when included in a Virtual Machine. When a Virtual Machine contains programs that are in addition to those listed above then such additional programs also are subject to terms set forth in the Commercial License or Oracle Trial License Agreement, described above, as applicable. This Special Programs License incorporates various third-party and open source licenses that may be included with Software. Review the General Terms and the terms for the Software you are accessing. Section A: General Terms Section B: Terms for Oracle Linux and Oracle VM Server and related open source software Section C: Terms for Oracle VM Manager and related non-open source software Section D: Terms for Oracle Solaris Section A: General Terms • General Definitions. "We," "us," "our" and "Oracle" mean Oracle America, Inc. "You" and "your" means the individual or entity acquiring the Software. "Software" means the software programs available for download from this portal for which the Special Programs License terms apply. "Software Documentation" means user manuals and installation manuals for the Software; Software Documentation may be delivered with the Software and may be accessed online at http://www.oracle.com/documentation. "Separate Terms" means separate license terms that are specified in the Software Documentation, readme files or notice files and that apply to Separately Licensed Third Party Technology. "Separately Licensed Third Party Technology" means third party technology that is licensed under Separate Terms and not under the terms of this Special Programs License. "Virtual Machine" means a package, file, or template for a virtual machine, virtual appliance, virtual environment, virtual archive, virtual assembly, Oracle Solaris Unified Archive, or an equivalent thereof. • Export. Export laws and regulations of the United States and any other relevant local export laws and regulations apply to the Software. You agree that such export control laws govern your use of the Software (including technical data) and any services deliverables provided under this Special Programs License, 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 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: o You will not download, provide, make available or otherwise export or re-export the Software, directly or indirectly, to countries prohibited by applicable laws and regulations nor to citizens, nationals or residents of those countries. o 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. o You will not download or otherwise export or re-export the Software, directly or indirectly, to persons on the above mentioned lists. o You will not use the Software for, and will not allow the Software 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. • Third Party Technology. The Software, including Software included in any Virtual Machine, may contain or require the use of third party technology that is provided with the Software. We may provide certain notices to you in Software Documentation, readme files or notice files in connection with such third party technology. Third party technology will be licensed to you either under the terms of this Special Programs License or, if specified in the Software Documentation, readme files 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 Special Programs License. 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 Software and is licensed to you under the applicable terms of this Special Programs License. • No Technical Support. Unless Oracle support for the Software, if any, is expressly included in a separate, current support agreement between you and Oracle or our affiliates, Oracle's technical support organization will not provide technical support, phone support, or updates to you for the Software provided under this Special Programs License. • Relationship Between the Parties. The relationship between you and Oracle 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. • Entire Agreement: This Special Programs License constitutes the entire agreement between you and Oracle with reference to your use of the Software. Any additions or modifications must be made in writing and signed by both parties. The terms of this Special Programs License shall supersede the terms of any purchase order or other instrument issued by you under this Special Programs License. This Special Programs License is governed by the substantive and procedural laws of the State of California, U.S.A., and you and Oracle agree to submit to the exclusive jurisdiction of, and venue in, the courts in San Francisco or Santa Clara counties in California in any dispute arising out of or relating to this Special Programs License. In the event that any provision of this Special Programs License is held to be invalid or unenforceable, the remaining provisions of this Special Programs License will remain in full force and effect. Neither the Uniform Computer Information Transactions Act nor the United Nations Convention on the International Sale of Goods applies to this Special Programs License. Section B: Terms for Oracle Linux, Oracle VM Server, and Additional Programs • Section B Definitions. "Oracle Linux Programs" means the Oracle Linux Software which you wish to download and use. "Oracle VM Server Programs" means the Oracle VM Server Software you wish to download and use. For the purpose of this Section B, "Programs" means the Oracle Linux Programs or the Oracle VM Server Programs, both singly and collectively. "Additional Programs" means certain Separately Licensed Third Party Technology or separately licensed Oracle technology that may be included on the same medium or as part of the download of Oracle Linux Programs or Oracle VM Server Programs you receive, but are not part of the Programs. • Grant of Licenses. Subject to the terms of this Special Programs License, Oracle grants to you a license to the Programs under the GNU General Public License version 2.0. The Programs and the Additional Programs contain many components developed by Oracle and various third parties. The license for each component is located in the Software Documentation, in a file delivered with the component and/or in the component's source code. In addition, a list of components may be delivered with the Programs, the Additional Programs or accessed online at http://oss.oracle.com/linux/legal/oracle-list.html and/or in the component's source code. The source code for the Programs and the Additional Programs can be found and accessed online at https://oss.oracle.com/sources/. This Special Programs License does not limit, supersede or modify your rights under the GNU General Public License version 2.0 or under the license associated with any separately licensed individual component. • Licenses to Additional Programs. Each Additional 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 Program. • Ownership. The Programs and their components and the Additional Programs are owned by Oracle or its licensors. Subject to the licenses granted and/or referenced herein, title to the Programs and their components and the Additional Programs remains with Oracle and/or its licensors. • Trademark License. You are permitted to distribute unmodified Programs or unmodified Additional Programs without removing the trademark(s) owned by Oracle or its affiliates that are included in the unmodified Programs or unmodified Additional Programs (the "Oracle Trademarks"). You may only distribute modified Programs or modified Additional Programs if you remove relevant images containing the Oracle 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 Programs or Additional Programs. You are not granted any other rights to Oracle Trademarks, and you acknowledge that you shall not gain any proprietary interest in the Oracle Trademarks. All goodwill arising out of use of the Oracle 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 Programs or Additional Programs. • Limited Warranty. THE PROGRAMS AND ADDITIONAL 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. • Limitation of Liability. WITH RESPECT TO THE PROGRAMS AND ADDITIONAL PROGRAMS, 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. $100). You can find a copy of the GNU General Public License version 2.0 in the "copying" or "license" file included with the Programs or here: http://oss.oracle.com/licenses/GPL-2. OFFER TO PROVIDE SOURCE CODE For programs that you receive from Oracle in binary form that are 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: o The name of the component or binary file(s) for which you are requesting the source code o The name and version number of the Oracle product o The date you received the Oracle product o Your name o Your company name (if applicable) o Your return mailing address and email o 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. Section C: Terms for Oracle VM Manager and related non-open source software • Section C Definitions. For the purpose of this Section C, "Programs" means the Oracle VM Manager Software, Program Documentation, any Oracle VM Manager Software updates acquired through technical support, and any additional non-open-source Oracle or third party software furnished by Oracle as part of the Oracle VM Manager Software. "Program Documentation" means the Oracle VM Manager Software Documentation. • License Rights. Subject to the terms of this Special Programs License, including any definitions and rules set forth in the Program Documentation and any related order documents, 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 distribution is solely under, and each such licensee agrees to abide by, the terms of this Section of this Special Programs License for Oracle VM Manager. You are not permitted to use the Programs for any purpose other than as permitted under this Special Programs License. We may audit your use of the Programs. • Distribution. To the extent you are permitted to distribute the Programs, you must include with the distribution all such notices and any associated source code for Separately Licensed Third Party Technology as specified, in the form and to the extent such source code is provided by us, and you must distribute Separately Licensed Third Party Technology under Separate Terms (in the form and to the extent Separate Terms are provided by us). • 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: A "c" in a circle and the word "copyright" Your name; The date of copyright; and 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 and our licensors retain all ownership and intellectual property rights in the Programs. The Programs may be installed on multiple systems provided that you adhere to this Special Programs License for all use and distribution of the Programs. You may not: o remove or modify any Oracle VM Manager Program markings or any notice of our proprietary rights; o assign this Special Programs License or give or transfer the Programs or an interest in them to another individual or entity; o cause or permit reverse engineering (unless required by law for interoperability), disassembly or decompilation of the Programs; o disclose results of any program benchmark tests without our prior consent; or, o use any Oracle name, trademark or logo, except as expressly required herein. • Limited Warranty. 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. ORACLE DOES NOT GUARANTEE THAT THE PROGRAMS WILL PERFORM ERROR-FREE OR UNINTERRUPTED OR THAT ORACLE WILL CORRECT ALL PROGRAMS ERRORS. • Limitation of Liability. WITH RESPECT TO THE PROGRAMS, 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). • End of License. You may terminate your license under this Special Programs License 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 Special Programs License, in which case you shall destroy all copies of the Programs. Section D: Terms for Oracle Solaris If Oracle Solaris Software is included in a Virtual Machine you wish to download or access on this portal, and you have not obtained a license to Oracle Solaris from Oracle or an Oracle partner, then your use of the Oracle Solaris Software is subject to the terms set forth at http://www.oracle.com/technetwork/licenses/solaris-cluster-express-license-167852.html. If you have obtained a license to Oracle Solaris from Oracle or an Oracle partner, including a license obtained as part of hardware acquired with pre-installed Oracle Solaris programs, then your use of the Oracle Solaris Software is subject to that license and is limited to use on the hardware for which the license was granted. Oracle Trial License Agreement GENERAL INFORMATION The "Trial Term" shall be 30 Days from the date of your acceptance of the terms and conditions of this Trial License. 1. License Grant: For the purpose of this Oracle Trial License Agreement ("Trial License"), "Program" or "Programs" shall mean the Oracle America, Inc. ("Oracle") computer software owned or distributed by Oracle, which is available on this portal, and for which you seek a license under this Trial License; Programs includes any user guides and manuals for use of the Programs ("Documentation"). This Trial License grants you the temporary right to use the Programs for evaluation purposes on your single computer designated by you. These rights are granted only to you and may not be assigned or transferred to any other party. You may use the Programs only for evaluation and testing and not for production use. You must enter into a separate agreement to obtain production license rights and technical support for the Programs. The rights granted to you under this Trial License expire at the end of the Trial Term. If you decide to use any of the Programs after the end of the Trial Term, you must acquire a license for each Program from Oracle. You shall not: (a) remove any product identification, copyright notices, or other notices or proprietary restrictions from the Programs; (b) use the Programs for commercial timesharing, rental, or service bureau use; (c) cause or permit reverse engineering, disassembly, or decompilation of the Programs; (d) disclose results of any benchmark tests of any Programs to any third party without Oracle's prior written approval; or (e) duplicate and/or install the Programs other than as specified in this Trial License. Either party may terminate the license for the Programs at any time. Upon termination or expiration, you shall cease using the Programs. Certain third party technology may be included as part of the download of the Program. Such third party technology will be licensed to you either under the terms of this Trial License, or if specified in the Program Documentation and/or in certain "notice" or "readme" files distributed with such third party technology or in splash screens that may appear during installation, under separate license terms ("Separate Terms") and not under the terms of this Trial License ("Separately Licensed Third Party Technology"). Your rights to use Separately Licensed Third Party Technology under the Separate Terms are not restricted in any way by this Trial License. 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 the Trial License. 2. Termination: If you do not obtain a Program use license at the end of the Trial Term, you shall (a) cease using the Programs, and (b) certify to Oracle that you have destroyed or have returned to Oracle the Programs and all copies. This requirement applies to copies in all forms, partial and complete, in all types of media and computer memory, and whether or not merged into other materials. Your rights to continue to use Separately Licensed Third Party Technology shall be governed by the Separate Terms accepted with the use of such technology. 3. Exclusion Of Warranty: THE PROGRAMS ARE PROVIDED "AS IS" TO YOU FOR EVALUATION PURPOSES ONLY, EXCLUSIVE OF ANY WARRANTY, INCLUDING, WITHOUT LIMITATION, ALL WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR ANY OTHER WARRANTY, WHETHER EXPRESS OR IMPLIED. 4. Nondisclosure: By virtue of this Trial License, the parties may have access to information that is confidential to one another ("Confidential Information"). We each agree to disclose only information that is required for the performance of obligations under this agreement. Confidential Information shall be limited to the terms and pricing under this Trial License, any source code for the Programs, and all information clearly identified as confidential. A party's Confidential Information shall not include information that: (a) is or becomes a part of the public domain through no act or omission of the other party; (b) was in the other party's lawful possession prior to the disclosure and had not been obtained by the other party either directly or indirectly from the disclosing party; (c) is lawfully disclosed to the other party by a third party without restriction on the disclosure; or (d) is independently developed by the other party. The parties agree to hold each other's Confidential Information in confidence for a period of three years from the date of disclosure. Also, we each agree to disclose Confidential Information only to those employees or agents who are required to protect it against unauthorized disclosure. Nothing shall prevent either party from disclosing the terms or pricing under this Trial License in any legal proceeding arising from or in connection with this Trial License or disclosing the information to a federal or state governmental entity as required by law. 5. Limitation of Liability: NEITHER PARTY SHALL BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES, OR ANY LOSS OF PROFITS, REVENUE, DATA, OR DATA USE. ORACLE'S MAXIMUM LIABILITY FOR ANY DAMAGES UNDER THIS AGREEMENT AND YOUR ORDER, WHETHER IN CONTRACT OR TORT, SHALL BE LIMITED TO THE AMOUNT OF THE FEES YOU PAID ORACLE UNDER THIS AGREEMENT, AND IF SUCH DAMAGES RESULT FROM YOUR USE OF PROGRAMS OR SERVICES, SUCH LIABILITY SHALL BE LIMITED TO THE FEES YOU PAID ORACLE FOR THE DEFICIENT PROGRAM OR SERVICES GIVING RISE TO THE LIABILITY. 6. 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 Trial License, 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 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 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. 7. Entire Agreement: This Trial License constitutes the entire Trial License between you and Oracle with reference to your use of the Programs on a trial basis. Any additions or modifications must be made in writing and signed by both parties. The terms of this Trial License shall supersede the terms of any purchase order or other instrument issued by you under this Trial License. This Trial License is governed by the substantive and procedural laws of California and you and Oracle agree to submit to the exclusive jurisdiction of, and venue in, the courts in San Francisco or Santa Clara counties in California in any dispute arising out of or relating to this Trial License. In the event that any provision of this Trial License is held to be invalid or unenforceable, the remaining provisions of this Trial License will remain in full force and effect. Notwithstanding the foregoing, if your company is located and will be using the software in (a) Argentina, the laws of Argentina will apply to this Trial License and jurisdiction will be in the Courts of Buenos Aires; (b) Brazil, the laws of Brazil will apply to this Trial License and jurisdiction will be in the Courts of Sao Paulo; (c) Costa Rica, the laws of Costa Rica will apply to this Trial License and jurisdiction will be in the Courts of San Jose; (d) Colombia, the laws of Colombia will apply to this Trial License and jurisdiction will be in the Courts of Bogota; (e) Chile, the laws of Chile will apply to this Trial License and jurisdiction will be in the Courts of Santiago de Chile; (f) Ecuador, the laws of Ecuador will apply to this Trial License and jurisdiction will be in the Courts of Quito; (g) Peru, the laws of Peru will apply to this Trial License and jurisdiction will be in the Courts of Lima; (h) Puerto Rico, the laws of the Commonwealth of Puerto Rico will apply to this Trial License and jurisdiction will be in the Courts of San Juan; (i) Mexico, the laws of Mexico will apply to this Trial License and jurisdiction will be in the Courts of Mexico City; and (j) Venezuela, the laws of Venezuela will apply to this Trial License and jurisdiction will be in the Courts of Caracas. 8. Miscellaneous Upon 45 days written notice, Oracle may audit your use of the Programs. You agree to cooperate with Oracle's audit and provide reasonable assistance and access to information. You agree to pay within 30 days of written notification any underpaid fees. If you do not pay, Oracle can end your technical support, licenses and/or this Trial License. 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.