WARNING – THIS VIRTUAL MACHINE IMAGE CONTAINS ORACLE PROPRIETARY SOFTWARE THAT MAY NOT BE DISTRIBUTED TO OTHER USERS.  CONSEQUENTLY, THIS VIRTUAL MACHINE IMAGE MAY NOT BE DISTRIBUTED TO OTHER USERS.

Oracle Virtual Machine Agreement

Oracle Database HOL

This Agreement contains license terms for the multiple software programs (“Programs”) included in the virtual machine image you wish to download, install, or use. By clicking “accept” or the equivalent where indicated and downloading, installing and/or using the Programs, you acknowledge your acceptance of the terms for the Program(s) you download, install, and/or use. If you do not accept the terms for the Programs, do not download, install, or use the Programs.

"We," "us," and "our" refers to Oracle America, Inc., for and on behalf of itself and its subsidiaries and affiliates under common control. "You" and "your" refers to the individual or entity that wishes to use the programs from Oracle. "Programs" refers to the Oracle software product you wish to download and use and program documentation. "License" refers to your right to use the programs under the terms of this Agreement.

This Agreement contains the following sections:

Section A: Terms for all Programs
Section B: Terms for Oracle Linux
Section C: Terms for the following Programs: Oracle Database

Section A: Terms for all Programs

The terms in this Section A apply to all Programs and are in addition to any other terms that may apply.

Third-Party Technology:

Programs on this virtual machine image may contain or be distributed with certain third-party technology. Oracle may provide certain notices related to such third-party technology in the program documentation, or in readme or notice files provided with the Programs.

Third party technology will be licensed to you either under the terms of this Agreement, or, if specified in the program documentation, readme files or otherwise in writing, under separate license terms ("Separate Terms") and not under the terms of this Agreement ("Separately Licensed Third Party Technology"). Your rights to use such Separately Licensed Third Party Technology under the Separate Terms are not restricted or modified in any way by this Agreement.

Offer to Provide Source Code:

For software that you receive from Oracle in binary form that is 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/downloads/opensource/software-components-source-code.html. 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/downloads/opensource/software-components-source-code.html . 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
  • 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.

Programs documentation, if any, is available at www.oracle.com/documentation.

Export. You agree to comply fully with export laws and regulations of the United States and any other applicable export laws ("Export Laws") to assure that neither the Programs nor any direct products thereof are: (1) exported, directly or indirectly, in violation of this Agreement or Export Laws; or (2) used for any purposes prohibited by the Export Laws, including, without limitation, nuclear, chemical, or biological weapons proliferation, or development of missile technology.

Governing Law. To the extent permitted: the substantive laws of California govern this Agreement, and you and Oracle agree to submit to the exclusive jurisdiction of, and venue in, the courts of San Francisco or Santa Clara counties in California in any dispute relating to this Agreement.

Section B: Terms for Oracle Linux

  1. Section B Definitions. “Oracle Linux Programs” means the Oracle Linux software which you wish to download and use. “Programs” means the Oracle Linux Programs. “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 you receive, but are not part of the Programs.
  2. Grant of Licenses. Subject to the terms of this Agreement, 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 Programs 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 Agreement 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 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/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.
  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.).

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.

Section C: Terms for the following Programs:

Oracle Database

You must agree to the applicable license terms listed in the table below, which are incorporated in this Agreement, to use the listed Programs. By downloading, installing, or using the Programs you acknowledge you are able to access the license terms listed in the table below and that you accept those terms for the Programs. If you are not able to access and agree to the license terms listed in the table below then you may not download, install, or use the Programs.

Programs

Applicable License Terms

Oracle Database

http://www.oracle.com/downloads/licenses/standard-license.html

Should you have any questions concerning this License Agreement please write:

Oracle America, Inc.
Attn: Associate General Counsel
Development and Engineering Legal
500 Oracle Parkway, 10 th Floor
Redwood City, CA 94065

Last updated: 22 March 2017