Re: Is an Oracle license required for a development environment?

  • From: "Mark Brinsmead" <pythianbrinsmead@xxxxxxxxx>
  • To: giovanni.cuccu@xxxxxxxxx
  • Date: Tue, 2 May 2006 22:05:58 -0600

Giovanni has more or less "hit the nail on the head".

I have always interpreted this license to mean that one (as an indepenent
consultant) can use the development (OTN) license to develop software that
will be used by customers, but a corporation developing applications for
(eventual) use in-house would require commercial licenses.  It *might* be
legal for a corporation doing in-house development to use OTN licenses for
the version 0.0 prototype, but (as I read the license) a commercial license
would have to be obtained prior to "deployment".

Basically, the bottom line is -- as Mladen has suggested -- that
everythingmust be licensed.  The major exceptions being the various
products that
Oracle now gives away free, and "cold-standy" (or "recovery-test" or
"disaster-recovery") database servers where you are allowed to install the
software without licensing it, with the restriction that you may run the
software for no more than 10 days per calendar year without purchasing a
license.  (Note: that is actually "10 days-or-parts-thereof".  Anyone who
has ever rented a car should know that this is not even remotely similar to
240 hours!)

Please note:  I am not a lawyer.  And I am not your lawyer.  Heck, I have
not even actually read the standard OLSA license in several months, and I
may or may not be accurately remembering the details or correctly
interpreting the language.  Even in the highly unlikey event that I *am*, I
probably have not seen the actual contract that applies to you.  Do not base
any decisions on anything I have said here or anywhere else.  Go hire a
qualified lawyer.  Do it NOW!!!!  Save yourself!  Run!  ;-)


On 5/2/06, Giovanni Cuccu <giovanni.cuccu@xxxxxxxxx> wrote:

Hi, here is a ctrl-C of the development licence: Oracle Technology Network Development License Agreement .... ... We grant you a nonexclusive, nontransferable limited license to use the programs only for the purpose of developing a single prototype of your application, and not for any other purpose. If you use the application you develop under this license for any internal data processing or for any commercial or production purposes, or you want to use the programs for any purpose other than as permitted under this agreement, you must contact us, or an Oracle reseller, to obtain the appropriate license. .... ....

I understand that when I start developing an application I can
download and use the Oracle Software. It's not clear what happens to
my development DB when my application goes live (provided that the
customers are buying their licences), can the version 1.0 be
considered as a prototype for the next version?
Mah,
     Giovanni

On 5/2/06, Nigel Bishop <Nigel.Bishop@xxxxxxxx> wrote:
>
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> Thanks
>
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> Nigel
>
>
>

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--
Cheers,
-- Mark Brinsmead
  Staff DBA,
  The Pythian Group
  http://www.pythian.com/blogs

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