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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.
checkbox     I am not listed on the United States Department of Treasury lists 
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 
accept all of the terms contained in this Agreement.  Read the terms 
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 
interoperability), disassembly or decompilation of the Programs and prohibit 
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 
user agreement as stated above; (b) keep executed end user agreements and 
records of end user information including name, address, date of distribution 
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
We retain all ownership and intellectual property rights in the Programs.  You 
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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