Oracle Technology Network GraalVM Development License Agreement (original) (raw)

Oracle Technology Network License Agreement
GraalVM Enterprise Edition
Including License for Early Adopter Versions

Oracle is willing to authorize Your access to software associated with this License Agreement (“Agreement”) only upon the condition that You accept that this Agreement governs Your use of the software. By selecting the “Accept License Agreement” button or box (or the equivalent) or installing or using the Programs You indicate Your acceptance of this Agreement and Your agreement, as an authorized representative of Your company or organization (if being acquired for use by an entity) or as an individual, to comply with the license terms that apply to the software that You wish to download and access. If You are not willing to be bound by this Agreement, do not select the “Accept License Agreement” button or box (or the equivalent) and do not download or access the software.

Definitions
"Oracle" refers to Oracle America, Inc. "You" and "Your" refers to (a) a company or organization (“Entity”) accessing the Programs, if use of the Programs will be on behalf of such Entity; or (b) an individual accessing the Programs, if use of the Programs will not be on behalf of an Entity. “Contractors” refers to Your agents and contractors (including, without limitation, outsourcers). "Program(s)" refers to Oracle software provided by Oracle pursuant to this Agreement and any updates, error corrections, and/or Program Documentation provided by Oracle, but does not include: (i) any Oracle software identified as “Early Adopter” software that is provided to You by Oracle for use in connection with a Program; (ii) any updates and error corrections thereto; and (iii) user manuals and installation manuals, if any, associated with any such Oracle software identified as “Early Adopter.” Any Oracle software identified as “Early Adopter” software is subject to the terms of the License for Early Adopter Versions provided below, and not under this Agreement. “Program Documentation” refers to Program user manuals and Program installation manuals, if any. If available, Program Documentation may be delivered with the Programs and/or may be accessed from www.oracle.com/documentation. “Separate Terms” refers to separate license terms that are specified in the Program Documentation, readmes or notice files and that apply to Separately Licensed Third Party Technology. “Separately Licensed Third Party Technology” refers to third party technology that is licensed under Separate Terms and not under the terms of this Agreement. “Oracle Cloud Infrastructure Use (“OCI Use”)” refers to Your use of the Programs on Oracle’s Cloud Infrastructure with the Oracle Cloud Infrastructure products identified in the Oracle PaaS and IaaS Universal Credits Service Descriptions available at http://oracle.com/contracts during the period in which You maintain a subscription for such Oracle Cloud Infrastructure products.

License Rights and Restrictions
If You have a valid, paid-up license in effect for Oracle Java SE Subscription or Oracle Java SE Desktop Subscription, then You acknowledge and agree that the Programs and any software identified as “Early Adopter” software are governed by (1) the Oracle Master Agreement and applicable ordering document that You have entered into with Oracle for such subscription; and (2) for “Early Adopter” software only, the additional restrictions and limitations of the License for Early Adopter Versions titled “License Restrictions”, “Early Adopter Versions” and “Disclaimer of Warranties” and related definitions. In the event of an inconsistency between the applicable terms of the License for Early Adopter Versions and the Oracle Master Agreement, the License for Early Adopter Versions shall take precedence. If You do not have an existing license for Oracle Java SE Subscription or Oracle Java SE Desktop Subscription then Oracle grants You a nonexclusive, nontransferable, limited license to internally use the Programs, subject to the restrictions stated in this Agreement, only for the purpose of (i) OCI Use and (ii) developing, testing, prototyping, and demonstrating Your application. For purposes of clarity, the “developing” grant includes using the Programs to run profilers, debuggers and Integrated Development Environments (IDE Tools) where the primary purpose of the IDE Tools is profiling, debugging and source code editing applications. You may allow Your Contractor(s) to use the Programs, provided they are acting on Your behalf to exercise license rights granted in this Agreement and further provided that You are responsible for their compliance with this Agreement in such use. You will have a written agreement with Your Contractor(s) that strictly limits their right to use the Programs and that otherwise protects Oracle’s intellectual property rights to the same extent as this Agreement. You may make copies of the Programs to the extent reasonably necessary to exercise the license rights granted in this Agreement. You may make copies of the Programs to the extent reasonably necessary to exercise the license rights granted in this Agreement.

Further, You may not:

remove or modify any Program markings or any notice of Oracle’s or a licensor’s proprietary rights;
make the Programs, or any application You develop using the Programs, available in any manner to any third party (other than Contractors acting on Your behalf as set forth in this Agreement);
assign this Agreement or distribute, give, or transfer the Programs, or any application You develop using the Programs, or an interest in them to any third party, except as expressly permitted in this Agreement for Contractors (the foregoing shall not be construed to limit the rights You may otherwise have with respect to Separately Licensed Third Party Technology);
cause or permit reverse engineering (unless required by law for interoperability), disassembly or decompilation of the Programs; and
create, modify, or change the behavior of, classes, interfaces, or subpackages that are in any way identified as "java", "javax", "sun", “oracle” or similar convention as specified by Oracle in any naming convention designation.

The Programs may contain source code that, unless expressly licensed in this Agreement for other purposes (for example, licensed under an open source license), is provided solely for reference purposes pursuant to the terms of this Agreement and may not be modified.

All rights not expressly granted in this Agreement are reserved by Oracle. If You want to use the Programs or Your application for any purpose other than as expressly permitted under this Agreement, You must obtain from Oracle or an Oracle reseller a valid Programs license under a separate agreement permitting such use. However, You acknowledge that the Programs may not be intended for production use and/or Oracle may not make a version of the Programs available for production or other purposes; any development or other work You undertake with the Programs is at Your sole risk.

Ownership
Oracle or its licensors retain all ownership and intellectual property rights to the Programs and any software identified as Early Adopter.

Third-Party Technology
The Programs may contain or require the use of third party technology that is provided with the Programs. Oracle may provide certain notices to You in Program Documentation, readmes or notice files in connection with such third party technology. Third party technology will be licensed to You either under the terms of this Agreement or, if specified in the Program Documentation, readmes or notice files, under Separate Terms. Your rights to use Separately Licensed Third Party Technology under Separate Terms are not restricted in any way by this Agreement. However, for clarity, notwithstanding the existence of a notice, third party technology that is not Separately Licensed Third Party Technology shall be deemed part of the Programs and is licensed to You under the terms of this Agreement.

Source Code for Open Source Software
For software that You receive from Oracle in binary form that is licensed under an open source license that gives You the right to receive the source code for that binary, You can obtain a copy of the applicable source code from https://oss.oracle.com/sources/ or http://www.oracle.com/goto/opensourcecode. If the source code for such software was not provided to You with the binary, You can also receive a copy of the source code on physical media by submitting a written request pursuant to the instructions in the "Written Offer for Source Code" section of the latter website.

Export Controls
Export laws and regulations of the United States and any other relevant local export laws and regulations apply to the Programs . You agree that such export control laws govern Your use of the Programs (including technical data) and any services deliverables provided under this Agreement, and You agree to comply with all such export laws and regulations (including "deemed export" and "deemed re-export" regulations). You agree that no data, information, program and/or materials resulting from Programs or services (or direct products 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, or development of missile technology. Accordingly, You confirm:

You will not download, provide, make available or otherwise export or re-export the Programs, directly or indirectly, to countries prohibited by applicable laws and regulations 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 and Blocked Persons, 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 applicable law, including, without limitation, for the development, design, manufacture or production of nuclear, chemical or biological weapons of mass destruction.

Information Collection
The Programs’ installation and/or update processes, if any, may transmit a limited amount of data to Oracle or its service provider about those processes to help Oracle understand and optimize them. Oracle does not associate the data with personally identifiable information. Refer to Oracle’s Privacy Policy at www.oracle.com/privacy .

Disclaimer of Warranties
THE PROGRAMS ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND. ORACLE FURTHER DISCLAIMS ALL WARRANTIES, EXPRESS AND IMPLIED, INCLUDING WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT .

Limitation of Liability
IN NO EVENT WILL ORACLE 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 ORACLE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. ORACLE’S ENTIRE LIABILITY FOR DAMAGES UNDER THIS AGREEMENT SHALL IN NO EVENT EXCEED ONE THOUSAND DOLLARS (U.S. $1,000) .

No Technical Support
Oracle does not provide technical support, phone support, or updates under this Agreement.

Audit; Termination
Oracle may audit an Entity’s use of the Programs. You may terminate this Agreement by destroying all copies of the Programs. This Agreement shall automatically terminate without notice if You fail to comply with any of the terms of this Agreement, in which case You shall promptly destroy all copies of the Programs.

Relationship Between the Parties
Oracle is an independent contractor and we agree that no partnership, joint venture, or agency relationship exists between us. We each will be responsible for paying our own employees, including employment related taxes and insurance. 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.

Entire Agreement; Governing Law
You agree that this Agreement is the complete agreement for the Programs and this Agreement supersedes all prior or contemporaneous agreements or representations, including any clickwrap, shrinkwrap or similar licenses, or license agreements for prior versions of the Programs. This Agreement may not be modified and the rights and restrictions may not be altered or waived except in a writing signed by authorized representatives of You and of Oracle. If any term of this Agreement is found to be invalid or unenforceable, the remaining provisions will remain effective.

This Agreement is governed by and construed in accordance with the laws of the State of California, USA, and You and Oracle agree to submit to the exclusive jurisdiction of, and venue in, the courts of San Francisco or Santa Clara counties in California in any dispute arising out of or relating to this Agreement.

Notices
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 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.

Last updated: 28 January 2021

License for Early Adopter Versions

Definitions
"Oracle" refers to Oracle America, Inc. "You" and "Your" refers to (a) a company or organization (each an “Entity”) accessing the Early Adopter Versions, if use of the Early Adopter Versions will be on behalf of such Entity; or (b) an individual accessing the Early Adopter Versions, if use of the Early Adopter Versions will not be on behalf of an Entity. “Associated Program” refers to a Program provided to You by Oracle. "Early Adopter Version(s)" refers to Oracle software identified as “Early Adopter” that is provided to You by Oracle as a component of and for use with the Associated Program, together with any updates and error corrections thereto and/or EA Documentation provided to You by Oracle. “EA Documentation” refers to user manuals and installation manuals, if any, associated with the relevant Early Adopter Version. If available, EA Documentation may be delivered with the Early Adopter Versions and/or may be accessed from www.oracle.com/documentation. “Excluded License” means any license that requires as a condition of use, modification, and/or distribution of software subject to the Excluded License, that such software or other software combined and/or distributed with such software be (a) disclosed or distributed in source code form under the terms of the Excluded License or otherwise; or (b) licensed for the purpose of making derivative works. “Separate Terms” refers to separate license terms that are specified in the EA Documentation, readmes or notice files and that apply to Separately Licensed Third Party Technology. “Separately Licensed Third Party Technology” refers to third party technology that is licensed under Separate Terms and not under the terms of this license.

License Rights
Oracle grants You a nonexclusive, nontransferable, limited license to use the Early Adopter Versions and output created by the Early Adopter Versions, subject to the license terms and restrictions that apply to the Associated Program, and further subject to the terms of this License for Early Adopter Versions.

All rights not expressly granted in this License for Early Adopter Version are reserved by Oracle.

License Restrictions
Output created by the Early Adopter Versions include proprietary materials that prevent such output from being placed under an Excluded License or other open source terms. You may not distribute the output created by the Early Adopter Versions under an Excluded License or other open source terms nor take any other action that would have the effect of requiring such distribution. Without limiting the foregoing, You may not distribute any application or code that combines the Early Adopter Versions and output created by the Early Adopter Versions, or any portion thereof, with any software that is subject to any version of the GNU General Public License (GPL) or any license with a similar reciprocal license obligation in a manner that would create a combined or derivative work (including but not limited to distribution to any third party contractor, affiliate, or subsidiary, or any employee thereof that is not entitled to receive the Associated Program under this Agreement).

The Early Adopter Versions may contain source code that, unless expressly licensed herein for other purposes (for example, licensed under an open source license), is provided solely for reference purposes and may not be modified.

Early Adopter Versions
Early Adopter Versions are subject to ongoing development, testing, and modification. Oracle may significantly change the features and functionality of Early Adopter Versions and future releases may include changes that are incompatible with the current version. Oracle may also place limits on backports. You may be required to change Your application significantly to use future versions of the Early Adopter Versions. Any development or other work You undertake with the Early Adopter Versions is at Your sole risk.

Third-Party Technology
The Early Adopter Versions may contain or require the use of third party technology that is provided with the Early Adopter Versions. Oracle may provide certain notices to You in EA Documentation, readmes or notice files in connection with such third party technology. Third party technology will be licensed to You either under the terms of this Agreement or, if specified in the EA Documentation, readmes or notice files, under Separate Terms. Your rights to use Separately Licensed Third Party Technology under Separate Terms are not restricted in any way by this Agreement. However, for clarity, notwithstanding the existence of a notice, third party technology that is not Separately Licensed Third Party Technology shall be deemed part of the Early Adopter Versions and is licensed to You under the terms of this Agreement.

Disclaimer of Warranties
THE EARLY ADOPTER VERSIONS ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND. ORACLE FURTHER DISCLAIMS ALL WARRANTIES, EXPRESS AND IMPLIED, INCLUDING WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT .

Notices
Should You have any questions concerning this license, or if You desire to contact Oracle for any reason, please write:

Oracle America, Inc.
500 Oracle Parkway
Redwood City, CA 94065

Last updated: 28 January 2021