Licensing for test and development servers?
- From: Jamie Kinney <OracleDude@xxxxxxxxx>
- To: Oracle-L@xxxxxxxxxxxxx
- Date: Thu, 9 Sep 2004 12:20:48 -0700
It appears that Oracle has changed its licensing with respect to
development, test and other non-production servers. Oracle used to
let you develop against it's database without a license but now seems
to require that you acquire licenses for these systems once you go
production with any code developed against that database, even if the
production code runs on a different server.
Am I interpreting this correctly? Has anyone on this list discussed
development licenses with an Oracle sales rep recently?
Oracle's license is copied below:
ORACLE TECHNOLOGY NETWORK=20
DEVELOPMENT LICENSE AGREEMENT
"We," "us," and "our" refers to Oracle Corporation. "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.=20
This agreement is governed by the substantive and procedural laws of
California. 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.
License Rights
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. We may audit your use of the programs. Program
documentation may accessed online at /docs.
Ownership and Restrictions
We retain all ownership and intellectual property rights in the
programs. The programs may be installed on one computer only, and
used by one person in the operating environment identified by us. You
may make one copy of the programs for backup purposes.
You may not:
=EF=BF=BDuse the programs for your own internal data processing or for any
commercial or production purposes, or use the programs for any purpose
except the development of a single prototype of your application;
=EF=BF=BDuse the application you develop with the programs for any internal
data processing or commercial or production purposes without securing
an appropriate license from us;
=EF=BF=BDcontinue to develop your application after you have used it for an=
y
internal data processing, commercial or production purpose without
securing an appropriate license from us, or an Oracle reseller;
=EF=BF=BDremove or modify any program markings or any notice of our proprie=
tary rights;
=EF=BF=BDmake the programs available in any manner to any third party;
=EF=BF=BDuse the programs to provide third party training;
=EF=BF=BDassign this agreement or give or transfer the programs or an inter=
est
in them to another individual or entity;
=EF=BF=BDcause or permit reverse engineering (unless required by law for
interoperability), disassembly or decompilation of the programs;
=EF=BF=BDdisclose results of any program benchmark tests without our prior =
consent; or,
=EF=BF=BDuse 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).
Trial Programs Included With Orders
We may include additional programs with an order which may be used for
trial purposes only. You will have 30 days from the delivery date to
evaluate these programs. Any use of these programs after the 30 day
trial period requires you to obtain the applicable license. Programs
licensed for trial purposes are provided "as is" and we do not provide
technical support or any warranties for these programs.
No Technical Support
Our technical support organization will not provide technical support,
phone support, or updates to you for the programs licensed under this
agreement.
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.=20
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.=20
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: 9/16/03
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