1. Terms Applicable to Oracle Programs. Google does not own the Oracle Programs and their use is subject to certain rights and limitations of which Google must inform Customer. Customer's right to use the Programs is subject to the terms of the agreement governing the Google services, and Customer's understanding of, compliance with, and consent to the following terms and conditions, which Google does not have authority to vary, alter, or amend.
2. Definitions.
a. “Contractors” refers to Customer’s agents and contractors (including, without limitation, outsourcers).
b. “Customer” 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.
c. “Oracle” refers to Oracle America, Inc.
d. “Program(s)” or “Oracle Programs” refers to Oracle software, including the Oracle JDBC Driver, provided by Oracle pursuant to these Oracle Terms and any updates, error corrections, and/or Program Documentation provided by Oracle.
e. “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 https://www.oracle.com/documentation.
f. “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.
g. “Separately Licensed Third Party Technology” refers to third party technology that is licensed under Separate Terms and not under the terms of these Oracle Terms.
3. Ownership of Oracle Programs. Oracle or its licensors retain all ownership and intellectual property rights to the Programs.
4. License Rights and Restrictions to Oracle Programs. Customer may have access to Programs in connection with the services provided to Customer by Google. In connection with such Programs, Oracle grants Customer a nonexclusive, nontransferable, limited license to, subject to the restrictions stated in the Agreement and these Oracle Terms, internally use the Programs solely for the purposes of developing, testing, prototyping and demonstrating Customer’s applications, and running the Programs for Customer’s own internal business operations. Customer’s Contractor(s) may use the Programs, provided they are acting on Customer’s behalf to exercise license rights granted in these Oracle Terms and further provided that Customer is responsible for its compliance with these Oracle Terms in such use. Customer will have a written agreement with any 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 these Oracle Terms. Customer may make copies of the Programs to the extent reasonably necessary to exercise the license rights granted in these Oracle Terms. Customers may make one copy of the Programs for backup purposes.
Further, Customer 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 unless Oracle expressly authorizes such use on the Program’s download page;
- assign these Oracle Terms or distribute, give, or transfer the Programs or an interest in them to any third party, except as expressly permitted in these Oracle Terms (the foregoing shall not be construed to limit the rights Customer 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 these Oracle Terms for other purposes (for example, licensed under an open source license), is provided solely for reference purposes pursuant to the terms of these Oracle Terms and may not be modified. All rights not expressly granted in these Oracle Terms are reserved by Oracle. If Customer wants to use the Programs or Customer’s application for any purpose other than as expressly permitted under these Oracle Terms, Customer must obtain from Oracle or an Oracle reseller a valid Programs license under a separate agreement permitting such use. However, Customer acknowledges 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 Customer undertakes with the Programs is at Customer’s sole risk.
5. Redistribution of Oracle Programs Prohibited. Customer and all end users are prohibited from distributing Programs and Programs Documentation to any third party.
6. Export Controls for Oracle Programs. Export laws and regulations of the United States and any other relevant local export laws and regulations apply to the Programs. Customer agrees that such export control laws govern Customer’s use of the Programs (including technical data) and any services deliverables provided under this agreement, and Customer agrees to comply with all such export laws and regulations (including "deemed export" and "deemed re-export" regulations). Customer agrees 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, Customer confirms that:
- Customer 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.
- Customer is 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.
- Customer will not download or otherwise export or re-export the Programs, directly or indirectly, to persons on the above mentioned lists.
- Customer 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.
7. No Warranties, Liabilities or Remedies by Oracle. 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.
8. Limitation of Oracle’s Liability. 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 THESE ORACLE TERMS SHALL IN NO EVENT EXCEED ONE THOUSAND DOLLARS (U.S. $1,000).
9. Technical Support for Oracle Programs. Unless Oracle support for the Programs is expressly included in a separate, current support agreement between Customer and Oracle, Oracle’s technical support organization will not provide technical support, phone support, or updates to Customer for the Programs provided under these Oracle Terms.
10. Termination of these Oracle Terms. Customer may terminate these Oracle Terms by destroying all copies of the Programs. These Oracle Terms shall automatically terminate without notice if Customer fails to comply with any part of these Oracle Terms, in which case Customer shall promptly destroy all copies of the Programs. In the event of termination or cancellation of the Agreement or Google's agreement with Oracle under which the Programs are licensed, Customer must stop using and/or accessing the Programs, and destroy all copies of the Programs.
11. 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 these Oracle Terms. No other rights are granted to the U.S. Government.
12. Relationship Between Customer and Oracle. Oracle is an independent contractor and Customer and Oracle agree that no partnership, joint venture, or agency relationship exists between the two. Each of Customer and Oracle will be responsible for paying its own employees, including employment related taxes and insurance. Nothing in these Oracle Terms shall be construed to limit either Oracle’s or Customer’s right to independently develop or distribute software that is functionally similar to the other’s products, so long as proprietary information of the other party is not included in such software.
13. Third-Party Beneficiary to the Agreement. Oracle is an intended third party beneficiary of the Agreement, with the right to enforce the Agreement's provisions.
