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<title>Oracle Enterprise Pack for Eclipse License Agreement</title>
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ORACLE ENTERPRISE PACK FOR ECLIPSE LICENSE AGREEMENT<br/>
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<p>"We," "us," and "our" refers to Oracle USA, Inc., for and on behalf of itself and its
subsidiaries and affiliates under common control. "You" and "your" refers to the individual
or entity that wishes to use the programs from Oracle. "Programs" refers to the Oracle
Enterprise Pack for Eclipse 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. 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.</p>
<p>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.</p>
<p><b>License Rights</b></p>
<p>We grant you a nonexclusive, nontransferable limited license to use the programs for
purposes of developing your applications. If you want to use the programs for any purpose
other than as expressly 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 is provided with the programs.</p>
<p><b>Ownership and Restrictions</b></p>
<p>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.</p>
<p>You may not:</p>
<ul>
<li>use the programs for any purpose other than as provided above;</li>
<li>distribute the programs;</li>
<li>charge your end users for use of the programs;</li>
<li>remove or modify any program markings or any notice of our proprietary rights;</li>
<li>use the programs to provide third party training on the content and/or functionality of the programs;</li>
<li>assign this agreement or give the programs, program access or an interest in the programs to any individual or entity;</li>
<li>cause or permit reverse engineering (unless required by law for interoperability), disassembly or decompilation of the programs;</li>
<li>disclose results of any program benchmark tests without our prior consent; or,</li>
<li>use any Oracle name, trademark or logo.</li>
</ul>
<p><b>Export</b></p>
<p>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
<a href="http://www.oracle.com/products/export/index.html">http://www.oracle.com/products/export/index.html</a>.
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.</p>
<p><b>Disclaimer of Warranty and Exclusive Remedies</b></p>
<p>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.</p>
<p>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).</p>
<p><b>No Technical Support</b></p>
<p>Our technical support organization will not provide technical support, phone support, or
updates to you for the programs licensed under this agreement.</p>
<p><b>Restricted Rights</b></p>
<p>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:</p>
<p>NOTICE OF RESTRICTED RIGHTS</p>
<p>"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 USA, Inc., 500 Oracle Parkway, Redwood City,
CA 94065."</p>
<p><b>End of Agreement</b></p>
<p>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.</p>
<p><b>Relationship Between the Parties</b></p>
<p>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.</p>
<p><b>Open Source</b></p>
<p>"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. 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 und
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