Oracle Special Programs License Agreement
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Oracle Special Programs License Agreement
Print Close This Oracle Special Programs License Agreement, which incorporates various third­party and open
source licenses that may be included with Software ("Special Programs License" or "Agreement"),
includes license terms supporting the software available for download on this portal. Review the
General Terms and the terms for the software you are accessing.
Section A: General Terms
Section B: Terms for Oracle Linux, Oracle VM Server and other specified open source code
Section C: Terms for Oracle VM Manager and other specified non­open source code
Section D: Terms for Oracle Solaris
Section E: Terms for Other Oracle Programs Contained in Virtual Machines
Section A: General Terms
1. 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.
2. 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 re­export" 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 re­export the
Software, 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 re­export the Software, directly or indirectly,
to persons on the above mentioned lists.
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.
3. 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
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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.
4. 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.
5. 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.
6. 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 other specified open source code
1. 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.
2. 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/oracle­list.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.
3. Licenses to Additional Programs. Each Additional Program is licensed solely under the terms
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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.
4. 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.
5. 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/oracle­list.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.
6. 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.
7. 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/GPL­2.
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:
The name of the component or binary file(s) for which you are requesting the source code
The name and version number of the Oracle product
The date you received the Oracle product
Your name
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Your company name (if applicable)
Your return mailing address and email
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 other specified non­open source code
1. 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 non­open­source 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.
2. 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.
3. 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).
4. 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 sign­on screen for any software
incorporating the Programs, and any media containing the Programs.
5. 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:
remove or modify any Oracle VM Manager Program markings or any notice of our
proprietary rights;
assign this Special Programs License or give or transfer the Programs or an interest in
them to another individual or entity;
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cause or permit reverse engineering (unless required by law for interoperability),
disassembly or decompilation of the Programs;
disclose results of any program benchmark tests without our prior consent; or,
use any Oracle name, trademark or logo, except as expressly required herein.
6. 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 ERROR­FREE OR
UNINTERRUPTED OR THAT ORACLE WILL CORRECT ALL PROGRAMS ERRORS.
7. 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).
8. 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/solaris­cluster­express­license­167852.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 pre­installed 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.
Section E: Terms for Other Oracle Programs Contained in Virtual Machines
1. General. This Section E contains license terms for the multiple Software included in the Virtual
Machine you wish to download, install, or use. If Oracle Linux is the Virtual Machine operating
system software then Section B above applies with respect to the Oracle Linux. If Oracle Solaris
is the Virtual Machine operating system software then Section D above applies with respect to
the Oracle Solaris. If obtained as part of Oracle support, the Virtual Machine may not be used in
a production, development, or testing environment, and the programs included in the Virtual
Machine are provided solely to enable you to update Oracle programs you have already licensed
and for which you have a current Oracle support agreement. "Program" or "Programs" means, for
the purpose of this Section E, each Oracle Software included in the Virtual Machine, except for
the Virtual Machine operating system software, and any user guides and manuals for use of the
Programs.
2. License. Except as set forth in Clause 3 of Section A, by accessing and using a Program, you
agree that (a) you have a valid License Agreement covering your use of the Program and that
your use of the program is subject to such License Agreement; or (b) subject to this Agreement,
the Oracle Trial License Terms and Conditions in Clause 3 below cover your use of the Program.
3. Oracle Trial License Terms and Conditions.
General Information
The "Trial Term" shall be 30 Days from the date of your acceptance of the terms and conditions
of this Agreement.
I. License Grant. These Oracle Trial License Terms and Conditions ("Trial License") grant you
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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.
II. 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.
III. Exclusion Of Warranty: THE PROGRAM IS 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.
IV. 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.
V. 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 TRIAL
LICENSE AND YOUR ORDER, WHETHER IN CONTRACT OR TORT, SHALL BE LIMITED TO THE
AMOUNT OF THE FEES YOU PAID ORACLE UNDER THIS TRIAL LICENSE, 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.
VI. 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
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your technical support, licenses and/or this Trial License.
Notwithstanding the second paragraph of Clause 6 in Section A, if your company is located and
will be using the Programs 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.
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 21 November 2014
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