Oracle Instant Client
Hello.
I would like to know if it is possible to reditribute the Oracle Instant
Client in Debian's non-free archive.
I'm not sure as far as I read "You may allow third parties to use the Programs
[i.e. the Oracle Instant Client], subject to the terms of this Agreement,
provided sucj third party use is for your operations only." I don't know if
distributing the Debian archive could be "business operations".
Also, the license "prohibit the end user from assigning, giving, or
transferring the Programs or an interest in them to another individual or
entity". The question is if Debian archives are the end user entity or not?
The full license text at
http://www.oracle.com/technology/software/htdocs/client_lic.html :
Oracle Technology Network
DEVELOPMENT AND DISTRIBUTION LICENSE AGREEMENT
To accept this license, you must agree to all of the following terms by
checking the boxes next to each statement below:
ELIGIBILITY EXPORT RESTRICTIONS
existscheckbox I am not a citizen, national or resident of, and am not under
the control of, the government of: Cuba, Iran, Sudan, Libya, North Korea,
Syria, nor any other country to which the United States has prohibited
export.
checkbox I will not download or otherwise export or re-export the
Programs, directly or indirectly, to the above mentioned countries nor to
citizens, nationals or residents of those countries.
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of Specially Designated Nationals, Specially Designated Terrorists, and
Specially Designated Narcotic Traffickers, nor am I listed on the United
States Department of Commerce Table of Denial Orders.
checkbox I will not download or otherwise export or re-export the
Programs, directly or indirectly, to persons on the above mentioned lists.
checkbox I will not use the Programs for, and will not allow the Programs
to be used for, any purposes prohibited by United States law, including,
without limitation, for the development, design, manufacture or production of
nuclear, chemical or biological weapons of mass destruction.
Note: You are bound by the Oracle Technology Network ("OTN") License
Agreement terms. The OTN License Agreement terms also apply to all updates
you receive under your Technology Track subscription.
The OTN License Agreement terms below supercede any shrinkwrap license on the
OTN Technology Track software CDs and previous OTN License terms (including
the Oracle Program License as modified by the OTN Program Use Certificate).
ORACLE TECHNOLOGY NETWORK
DEVELOPMENT AND DISTRIBUTION LICENSE AGREEMENT
"We," "us," and "our" refers to Oracle USA, Inc. "You" and "your" refers to
the individual or entity that wishes to use the Programs from Oracle under
this Agreement. "Programs" refers to the Software Products referenced below
that you wish to download and use and Program documentation. "License"
refers to your right to use the Programs and Program documentation under the
terms of this Agreement. The substantive and procedural laws of California
govern this Agreement. You and Oracle agree to submit to the exclusive
jurisdiction of, and venue in, the courts of San Francisco, San Mateo, or
Santa Clara counties in California in any dispute arising out of or relating
to this Agreement.
We are willing to license the Programs to you only upon the condition that you
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carefully and select the "Accept" button at the bottom of the page to confirm
your acceptance. If you are not willing to be bound by these terms, select
the "Do Not Accept" button and the registration process will not continue.
Software Product
- Instant Client
License Rights
License.
We grant you a non-exclusive right and license to use the Programs solely for
your business purposes and development and testing purposes, subject to the
terms of this Agreement. You may allow third parties to use the Programs,
subject to the terms of this Agreement, provided such third party use is for
your business operations only.
Distribution License
We grant you a non-exclusive right and license to distribute the Programs,
provided that you do not charge your end users for use of the Programs. Your
distribution of such Programs shall at a minimum include the following terms
in an executed license agreement between you and the end user that: (1)
restrict the use of the Programs to the business operations of the end user;
(2) prohibit (a) the end user from assigning, giving, or transferring the
Programs or an interest in them to another individual or entity (and if your
end user grants a security interest in the Programs, the secured party has no
right to use or transfer the Programs); (b) make the Programs available in
any manner to any third party for use in the third party's business
operations (unless such access is expressly permitted for the specific
program license or materials from the services you have acquired); and (c)
title to the Programs from passing to the end user or any other party; (3)
prohibit the reverse engineering (unless required by law for
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duplication of the Programs except for a sufficient number of copies of each
Program for the end user's licensed use and one copy of each Program media;
(4) disclaim, to the extent permitted by applicable law, our liability for
any damages, whether direct, indirect, incidental, or consequential, arising
from the use of the Programs; (5) require the end user at the termination of
the Agreement, to discontinue use and destroy or return to you all copies of
the Programs and documentation; (6) prohibit publication of any results of
benchmark tests run on the Programs; (7) require the end user to comply fully
with all relevant export laws and regulations of the United States and other
applicable export and import laws to assure that neither the Programs, nor
any direct product thereof, are exported, directly or indirectly, in
violation of applicable laws; (8) do not require us to perform any
obligations or incur any liability not previously agreed to between you and
us; (9) permit you to audit your end user's use of the Programs or to assign
your right to audit the end user's use of the Programs to us; (10) designate
us as a third party beneficiary of the end user license agreement; (11)
include terms consistent with those contained in the sections of this
Agreement entitled "Disclaimer of Warranties and Exclusive Remedies," "No
Technical Support," "End of Agreement," "Relationship Between the Parties,"
and "Open Source"; and (11) exclude the application of the Uniform Computer
Information Transactions Act.
You may allow your end users to permit third parties to use the Programs on
such end user's behalf for the purposes set forth in the end user license
agreement, subject to the terms of such agreement. You shall be financially
responsible for all claims and damages to us caused by your failure to
include the required contractual terms set forth above in each end user
license agreement between you and an end user. We are a third party
beneficiary of any end user license agreement between you and the end user,
but do not assume any of your obligations thereunder, and you agree that you
will not enter into any end user license agreement that excludes us as a
third party beneficiary and will inform your end users of our rights.
If you want to use the Programs for any purpose other than as expressly
permitted under this Agreement you must contact us to obtain the appropriate
license. We may audit your use of the Programs. Program documentation is
either shipped with the Programs, or documentation may be accessed online at
http://otn.oracle.com/docs.
You agree to: (a) defend and indemnify us against all claims and damages
caused by your distribution of the Programs in breach of this Agreement
and/or failure to include the required contractual provisions in your end
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and identity of Programs distributed; (c) allow us to inspect your end user
agreements and records upon request; and, (d) enforce the terms of your end
user agreements so as to effect a timely cure of any end user breach, and to
notify us of any breach of the terms.
Ownership and Restrictions
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may make a sufficient number of copies of the Programs for the licensed use
and one copy of the Programs for backup purposes.
You may not:
?use the Programs for any purpose other than as provided above;
?charge your end users for use of the Programs;
?remove or modify any Program markings or any notice of our proprietary
rights;
?assign this agreement or give the Programs, Program access or an interest in
the Programs to any individual or entity except as provided under this
agreement;
?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.
Export
You agree that U.S. export control laws and other applicable export and import
laws govern your use of the Programs, including technical data; additional
information can be found on Oracle's Global Trade Compliance web site located
at http://www.oracle.com/products/export/index.html. You agree that neither
the Programs nor any direct product 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.
Disclaimer of Warranty and Exclusive Remedies
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, FITNESS FOR A PARTICULAR PURPOSE
OR NONINFRINGEMENT.
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).
No Technical Support
Our technical support organization will not provide technical support, phone
support, or updates to you or end users for the Programs licensed under this
agreement.
Restricted Rights
If you distribute a license to the United States government, the Programs,
including documentation, shall be considered commercial computer software and
you will place a legend, in addition to applicable copyright notices, on the
documentation, and on the media label, substantially similar to the
following:
NOTICE OF RESTRICTED RIGHTS
"Programs delivered subject to the DOD FAR Supplement are 'commercial computer
software' and use, duplication, and disclosure of the programs, including
documentation, shall be subject to the licensing restrictions set forth in
the applicable Oracle license agreement. Otherwise, programs delivered
subject to the Federal Acquisition Regulations are 'restricted computer
software' and use, duplication, and disclosure of the programs, including
documentation, shall be subject to the restrictions in FAR 52.227-19,
Commercial Computer Software-Restricted Rights (June 1987). Oracle
Corporation, 500 Oracle Parkway, Redwood City, CA 94065."
End of Agreement
You may terminate this Agreement 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 Agreement, in which case you shall
destroy all copies of the Programs.
Relationship Between the Parties
The relationship between you and us 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.
Open Source
"Open Source" software - software available without charge for use,
modification and distribution - is often licensed under terms that require
the user to make the user's modifications to the Open Source software or any
software that the user 'combines' with the Open Source software freely
available in source code form. If you use Open Source software in
conjunction with the Programs, you must ensure that your use does not: (i)
create, or purport to create, obligations of us with respect to the Oracle
Programs; or (ii) grant, or purport to grant, to any third party any rights
to or immunities under our intellectual property or proprietary rights in the
Oracle Programs. For example, you may not develop a software program using
an Oracle Program and an Open Source program where such use results in a
program file(s) that contains code from both the Oracle Program and the Open
Source program (including without limitation libraries) if the Open Source
program is licensed under a license that requires any "modifications" be made
freely available. You also may not combine the Oracle Program with programs
licensed under the GNU General Public License ("GPL") in any manner that
could cause, or could be interpreted or asserted to cause, the Oracle Program
or any modifications thereto to become subject to the terms of the GPL.
Entire Agreement
You agree that this Agreement is the complete agreement for the Programs and
licenses, and this Agreement supersedes all prior or contemporaneous
Agreements or representations. If any term of this Agreement is found to be
invalid or unenforceable, the remaining provisions will remain effective.
Last updated: 2/16/04
--
.''`. Piotr Roszatycki
: :' : mailto:dexter@n1.pl
`. `' mailto:dexter@debian.org
`-
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