oracle-license.file

Oracle Technology Network Development and Distribution License Terms for 
Instant Client
 
Export Controls on the Programs 
Selecting the "Accept License Agreement" button is a confirmation of your 
agreement that you comply, now and during the trial term, with each of the 
following statements:
 
-You are not a citizen, national, or resident of, and are not under control of, 
the government of Cuba, Iran, Sudan, Libya, North Korea, Syria, nor any country 
to which the United States has prohibited export. 
-You 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. 
-You are not listed on the United States Department of Treasury lists of 
Specially Designated Nationals, 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 re-export the Programs, directly 
or indirectly, to persons on the above mentioned lists.
 
You 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.
 
EXPORT RESTRICTIONS 
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 
(http://www.oracle.com/products/export).
 
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.
 
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.
 
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 for 
Instant Client 

"We," "us," and "our" refers to Oracle America, 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://www.oracle.com/technetwork/indexes/documentation/index.html.
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.
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: 01/24/08
 
Should you have any questions concerning this License Agreement, or if you 
desire to contact Oracle for any reason, please write: 
Oracle America, Inc. 
500 Oracle Parkway, 
Redwood City, CA 94065
 
Oracle may contact you to ask if you had a satisfactory experience installing 
and using this OTN software download.