RE: Oracle DBA Toolbar Licence Agreement

  • From: "Kerber, Andrew" <Andrew.Kerber@xxxxxxx>
  • To: hkchital@xxxxxxxxxxxxxx, oracle-l@xxxxxxxxxxxxx
  • Date: Thu, 1 Mar 2007 12:42:40 -0600

It reads to me like it was written by someone who does not have a good
understanding of the English language, and just grabbed some legal
sounding phrases from various pieces of intellectual property.  

"The statistics information collected by the
Oracle DBA Toolbar are strictly anonymous
and are respecting the privacy."

For example means absolutely nothing.

Andrew W. Kerber
Senior Oracle DBA
UMB


"If at first you dont succeed, dont take up skydiving"

-----Original Message-----
From: oracle-l-bounce@xxxxxxxxxxxxx
[mailto:oracle-l-bounce@xxxxxxxxxxxxx] On Behalf Of Hemant K Chitale
Sent: Thursday, March 01, 2007 8:53 AM
To: oracle-l@xxxxxxxxxxxxx
Subject: Oracle DBA Toolbar Licence Agreement


I have downloaded and begun installing the Oracle DBA Toolbar
on my desktop.

The Licence Agreement seems to have been written by
a person who is NOT a lawyer but pretending to be a lawyer.
("need an express written permission"  doesn't seem correct,
"need written permission" would have been straightforward.
" .. transfer information related to Oracle DBA Toolbar" is
too broad -- does that mean that I cannot send this email ?
"and are respecting the privacy"  -- what's the word "the"
doing there ?

And the product seems to be entirely a "Visicom" product
NOT an Oracle product.


======================================================
PLEASE READ THE FOLLOWING Oracle DBA Toolbar LICENSE AGREEMENT
CAREFULLY.

YOU ARE GRANTED THE FOLLOWING LIMITED RIGHTS:

A. You may use Oracle DBA Toolbar for personal
purposes. For commercial use, you need an
express written permission of Visicom Media.

B. You may not reproduce, distribute, transmit,
print or transfer information related to
Oracle DBA Toolbar.

C. The statistics information collected by the
Oracle DBA Toolbar are strictly anonymous
and are respecting the privacy.


IT IS STRICTLY PROHIBITED TO:

A. Modify the software in part or in its entirety.

B. Decompile or reverse engineer the
Oracle DBA Toolbar.

SHOULD YOU FAIL TO COMPLY WITH ANY OF THE ABOVE, YOUR USER RIGHTS ARE 
AUTOMATICALLY TERMINATED. THIS TERMINATION WILL BE IN ADDITION TO ANY 
CRIMINAL, CIVIL OR OTHER REMEDIES WHICH VISICOM MEDIA INC. MAY SEEK.


LIMITED WARRANTY:

LIMITATION OF LIABILITY FOR INDIRECT DAMAGES: Visicom Media inc. 
cannot be held responsible under any circumstances for damages of any 
character (including, but not limited to, direct or indirect damages 
resulting from the loss of business profits, business interruption, 
loss of business information, or other pecuniary loss) arising out of 
the use or inability to use this product.
The Oracle DBA Toolbar is provided under license on an "AS IS" basis, 
without warranty of any kind, expressed or implied, including without 
limitation, implied warranties of merchantability and fitness for a 
particular purpose. In no event shall Visicom Media inc., or any 
third party involved in the creation, production, or delivery of the 
Oracle DBA Toolbar be liable under any circumstances for any direct 
or indirect damages including, but not limited to, damages for loss 
of business profits, business interruption, incurred by the user even 
if Visicom Media inc. has been advised of such damages.

The entire risk as to the results and performance of the Oracle DBA 
Toolbar is borne by the user. Visicom Media inc. may, at any time, 
revoke this license by notifying the user of the software. The user 
may cancel his license to use the product by destroying or erasing 
all copies of the toolbar.
This limited warranty will be governed and interpreted according to 
Canadian law.


PROPERTY:

The "Oracle DBA Toolbar" trademark is a registered trademark and is 
protected by the Canadian Laws on Trademarks and Intellectual 
Property. Use of the product's name is strictly forbidden unless it's 
used with the express written permission of Visicom Media inc.
This toolbar, including its code, documentation, appearance, 
structure, and organization is an exclusive product of Visicom Media 
inc., who retains the property rights to the toolbar, its copies, 
modifications, or merged parts.
======================================================



Hemant K Chitale
http://web.singnet.com.sg/~hkchital
and
http://hemantscribbles.blogspot.com
and
http://hemantoracledba.blogspot.com

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