This Agreement includes license terms for certain software products that may be installed on the Oracle hardware you have acquired. The Oracle VM Server program launched when you powered the machine or is pre-installed on the machine. As you proceed through the installation or set-up process you will have the option to deploy one or more of the virtual machine images that are pre-installed on the machine. By deploying any of these virtual machine images, you acknowledge that your use of the Oracle VM Server program and any included software programs referenced below are subject to the terms of this Agreement.

Section A: Terms for Oracle VM Server

Section B: Terms for Oracle VM Manager

Section C: Terms for Oracle Solaris

Section D: Terms for Oracle Linux

This Agreement is governed by the substantive and procedural laws of the United States and the State of California 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.

We are willing to provide a copy of the programs to you only upon the condition that you accept all of the terms contained in the applicable sections of this Agreement. Please read the terms carefully and indicate your acceptance. By clicking the “Yes, I accept” button (or the equivalent) or by continuing to advance through the set-up process, you acknowledge your acceptance of the terms for the program(s) you deploy on this hardware. If you are not willing to be bound by these terms, select the "Do Not Accept" button (or the equivalent) or discontinue the installation or set-up process and do not use the programs.

"We," "us," "our" and "Oracle" refers to Oracle America, Inc. "You" and "your" refers to the individual or entity that has acquired the Oracle VM Server programs. "Oracle VM Server programs" refers to the Oracle VM Server software product. "License" refers to your right to use the Oracle VM Server programs under the terms of this Agreement and the licenses referenced herein.

1. Grant of Licenses to the Oracle VM Server programs.

Subject to the terms of this Agreement, Oracle America, Inc. ("Oracle") grants to the user ("Customer") a license to the Oracle VM Server programs under the GNU General Public License version 2. The Oracle VM Server programs contain many Oracle VM Server programs components developed by Oracle and various third parties. The license for each component is located in the documentation, which may be delivered with the Oracle VM Server programs or accessed online at http://oss.oracle.com/linux/legal/oracle-list.html and/or in the component's source code. This agreement does not limit, supersede or modify your rights under the license associated with an individual component.

2. Licenses to Additional Oracle VM Server programs.

Certain third-party programs that are not Oracle VM Server programs may be included with or as part of the Oracle VM Server software product (collectively the "Additional Oracle VM Server programs"). Each Additional Oracle VM Server program is licensed solely under the terms of the Mozilla Public License, Apache License, Common Public License, GNU Lesser General Public License, Netscape Public License or similar license (collectively, the "Additional Oracle VM Server Programs Licenses") that is included with the relevant Additional Oracle VM Server programs and the associated documentation.

3. Ownership.

The Oracle VM Server programs and their components and the Additional Oracle VM Server programs are owned by Oracle or the relevant third party. Subject to the licenses granted and/or referenced herein, title to the Oracle VM Server programs and their components and the Additional Oracle VM Server programs remains with Oracle and/or the third party, as appropriate.

4. Trademark License.

You are permitted to distribute unmodified Oracle VM Server programs or unmodified Additional Oracle VM Server programs without removing the trademark(s) owned by Oracle or its affiliates that are included in the unmodified Oracle VM Server programs or unmodified Additional Oracle VM Server programs (the " Oracle VM Server trademarks"). You may only distribute modified Oracle VM Server programs or modified Additional Oracle VM Server programs if you remove relevant images containing the Oracle VM Server trademarks. Certain files, identified as http://oss.oracle.com/linux/legal/pkg-list.html, include such trademarks. Do not delete these files, as deletion may corrupt the Oracle VM Server programs or Additional Oracle VM Server programs. You are not granted any other rights to Oracle VM Server trademarks, and you acknowledge that you shall not gain any proprietary interest in the Oracle VM Server trademarks. All goodwill arising out of use of the Oracle VM Server trademarks shall inure to the benefit of Oracle or its affiliates. You may not use any trademarks owned by Oracle or its affiliates (including "ORACLE") or potentially confusing variations (such as, "ORA") as a part of your logo(s), product name(s), service name(s), company name, or domain name(s) even if such products, services or domains include, or are related to, the Oracle VM Server programs or Additional Oracle VM Server programs.

5. Limited Warranty.

THE ORACLE VM SERVER PROGRAMS AND ADDITIONAL ORACLE VM SERVER 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 OR FITNESS FOR A PARTICULAR PURPOSE.

6. Limitation of Liability.

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 HUNDRED DOLLARS (U.S.).

7. No Technical Support.

Our technical support organization will not provide technical support, phone support, or updates to you for the materials licensed under this Agreement. Technical support, if available, may be acquired from Oracle or its affiliates under a separate agreement.

8. Relationship Between the Parties.

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 Oracle VM Server programs that is functionally similar to the other party's products, so long as proprietary information of the other party is not included in such Oracle VM Server programs.

9. Entire Agreement.

You agree that this Agreement is the complete Agreement for the Oracle VM Server programs, Additional Oracle VM Server 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. Neither the Uniform Computer Information Transactions Act nor the United Nations Convention on the International Sale of Goods applies to this agreement.

"We," "us," "our" and "Oracle" refers to Oracle America, Inc. "You" and "your" refers to the individual or entity that has acquired the Oracle VM Manager programs. "Oracle VM Manager programs" or "programs" refers to the Oracle VM Manager software product, program documentation, and any Oracle VM Manager programs updates acquired through technical support. "Program documentation" refers to the Oracle VM Manager programs user manual and installation manuals. Program documentation may be delivered with Oracle VM Manager programs and may be accessed online at http://www.oracle.com/documentation. "License" refers to your right to use the Oracle VM Manager programs under the terms of this Agreement, including any definitions and rules in the program documentation and any related order documents, and the licenses referenced herein. "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.

1. License Rights.

Subject to the terms of this Agreement, including any definitions and rules set forth in the program documentation and any related order documents, we grant you a nonexclusive, nontransferable limited license to use the Oracle VM Manager programs for: (a) purposes of developing, prototyping and running your applications for your own internal data processing operations; (b) you may also distribute the programs with your applications; (c) you may use the programs to provide third party demonstrations and training; and d) you may copy and distribute the programs to your licensees provided that distribution is solely under and each such licensee agrees to abide by the terms of this Section C of this Agreement for Oracle VM Manager. You are not permitted to use the programs for any purpose other than as permitted under this Agreement. We may audit your use of the programs.

2. Trademarks and Copyrights.

You agree not to use Oracle trademarks (including "ORACLE") or potentially confusing variations ( including "ORA") as a part of your product name(s), service name(s), company name, or domain name(s). In marketing, promoting, or distributing the programs, you agree to make it clear that Oracle is the source of the programs. You shall include on all copies of the programs used or distributed by you:

3. Ownership and Restrictions.

We retain all ownership and intellectual property rights in the programs. The programs may be installed on multiple systems provided that you adhere to this Agreement for all use and distribution of the programs. You may not:

4. 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.

5. Disclaimer of Warranty and Exclusive Remedies.

Limited Warranty. THE ORACLE VM MANAGER 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 OR FITNESS FOR A PARTICULAR PURPOSE.

ORACLE DOES NOT GUARANTEE THAT THE PROGRAMS WILL PERFORM ERROR-FREE OR UNINTERRUPTED OR THAT ORACLE WILL CORRECT ALL PROGRAM ERRORS.

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).

6. Technical Support.

Our technical support organization will not provide technical support, phone support, or updates to you for the materials licensed under this Agreement. Technical support, if available, may be acquired from Oracle or its affiliates under a separate agreement.

7. 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.

8. Relationship Between the Parties.

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.

9. 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.

"We," "us," "our" and "Oracle" refers to Oracle America, Inc. "You" and "your" refers to the individual or entity that has acquired the hardware with pre-installed Oracle Solaris programs. "Oracle Solaris programs" refers to the Oracle Solaris operating system (including related program documentation) and the separately licensed third-party technology (as defined below). "License" refers to your right to use the Oracle Solaris programs under the terms of this Agreement and the licenses referenced herein.

1. License Rights.

We grant you a non-exclusive, royalty free, non-assignable limited license to use the Oracle Solaris programs only as pre-installed on the hardware you purchased. Certain third-party technology may be included on the same hardware as the Oracle Solaris programs. Such third-party technology will be licensed to you either under the terms of the Agreement, or if specified in the program documentation and/or in certain "notice" or "readme" files distributed with such third-party technology, under separate license terms ("separate terms") and not under the terms of the Agreement ("separately licensed third-party technology"). Your rights to use separately licensed third-party technology under the separate terms are not restricted in any way by the Agreement. The Oracle Solaris programs may include or be distributed with certain separately licensed components that are part of Java SE (“Java SE”). Java SE and all components associated with it are licensed to you under the terms of the Oracle Binary Code License Agreement for the Java SE Platform Products, and not under this Agreement. A copy of the Oracle Binary Code License Agreement for the Java SE Platform Products can be found at http://www.oracle.com/technetwork/java/javase/terms/license/index.html.

2. Trademarks and Copyrights.

You agree not to use Oracle trademarks (including "ORACLE") or potentially confusing variations (including "ORA") as a part of your product name(s), service name(s), company name, or domain name(s). In marketing, promoting, or distributing the Oracle Solaris programs, you agree to make it clear that Oracle is the source of the Oracle Solaris programs. You shall include on all copies of the Oracle Solaris programs used or distributed by you:

3. Ownership and Restrictions.

The Oracle Solaris programs and the separately licensed third-party technology are owned by Oracle or the relevant third party. Subject to the licenses granted and/or referenced herein, title to the Oracle Solaris programs remains with Oracle and/or the third party. With respect to the Oracle Solaris programs you may not:

4. Export.

You agree that U.S. export control laws and other applicable export and import laws govern your use of the Oracle Solaris programs and the separately licensed third-party technology, including technical data (collectively “programs”); additional information can be found on Oracle's Global Trade Compliance web site located at http://www.oracle.com/products/export/index.html?content.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.

5. Disclaimer of Warranty and Exclusive Remedies.

Limited Warranty. THE ORACLE SOLARIS 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 OR FITNESS FOR A PARTICULAR PURPOSE.

ORACLE DOES NOT GUARANTEE THAT THE ORACLE SOLARIS PROGRAMS WILL PERFORM ERROR-FREE OR UNINTERRUPTED OR THAT ORACLE WILL CORRECT ALL ERRORS.

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).

6. Technical Support.

Our technical support organization will not provide technical support, phone support, or updates to you for the materials licensed under this Agreement. Technical support, if available, may be acquired from Oracle or its affiliates under a separate agreement.

7. End of Agreement.

You may terminate this Agreement by destroying all copies of the Oracle Solaris programs. We have the right to terminate your right to use the Oracle Solaris programs if you fail to comply with any of the terms of this Agreement, in which case you shall destroy all copies of the Oracle Solaris programs.

8. Relationship Between the Parties.

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.

9. Entire Agreement.

You agree that this Agreement is the complete agreement for the Oracle Solaris programs, and separately licensed third-party technology, 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.

“We,” “us,” “our” and “Oracle” refers to Oracle America, Inc. “You” and “your” refers to the individual or entity that has acquired the Oracle Linux programs. “Oracle Linux programs” refers to the Linux software product which you have acquired. “License” refers to your right to use the Oracle Linux programs under the terms of this Agreement and the licenses referenced herein.

1. Grant of Licenses to the Oracle Linux programs.

Subject to the terms of this Agreement, Oracle grants to you a license to the Oracle Linux programs under the GNU General Public License version 2.0. The Oracle Linux programs contain many components developed by Oracle and various third parties. The license for each component is located in the licensing documentation and/or in the component's source code. In addition, a list of components may be delivered with the Oracle Linux programs and the Additional Oracle Linux programs (as defined below) or accessed online at http://oss.oracle.com/linux/legal/oracle-list.html. The source code for the Oracle Linux Programs and the Additional Oracle Linux programs can be found and accessed online at https://oss.oracle.com/sources/. This agreement does not limit, supersede or modify your rights under the license associated with any separately licensed individual component.

2. Licenses to Additional Oracle Linux programs.

Certain third-party programs that are not Oracle Linux programs may be included with or as part of the Oracle Linux software product (collectively the “Additional Oracle Linux programs”). Each Additional Oracle Linux program is licensed solely under the terms of the Mozilla Public License, Apache License, Common Public License, GNU Lesser General Public License, Netscape Public License or similar license that is included with the relevant Additional Oracle Linux program.

3. Ownership.

The Oracle Linux programs and their components and the Additional Oracle Linux programs are owned by Oracle or its licensors. Subject to the licenses granted and/or referenced herein, title to the Oracle Linux programs and their components and the Additional Oracle Linux programs remains with Oracle and/or its licensors.

4. Trademark License.

You are permitted to distribute unmodified Oracle Linux programs or unmodified Additional Oracle Linux programs without removing the trademark(s) owned by Oracle or its affiliates that are included in the unmodified Oracle Linux programs or unmodified Additional Oracle Linux programs (the “Oracle Oracle Linux trademarks”). You may only distribute modified Oracle Linux programs or modified Additional Oracle Linux programs if you remove relevant images containing the Oracle Linux trademarks. Certain files, identified in http://oss.oracle.com/linux/legal/oracle-list.html, include such trademarks. Do not delete these files, as deletion may corrupt the Oracle Linux programs or Additional Oracle Linux programs. You are not granted any other rights to Oracle Linux trademarks, and you acknowledge that you shall not gain any proprietary interest in the Oracle Linux trademarks. All goodwill arising out of use of the Oracle Linux trademarks shall inure to the benefit of Oracle or its affiliates. You may not use any trademarks owned by Oracle or its affiliates (including “ORACLE”) or potentially confusing variations (such as, “ORA”) as a part of your logo(s), product name(s), service name(s), company name, or domain name(s) even if such products, services or domains include, or are related to, the Oracle Linux programs or Additional Oracle Linux programs.

5. Limited Warranty.

THE ORACLE LINUX PROGRAMS AND ADDITIONAL ORACLE LINUX 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 OR FITNESS FOR A PARTICULAR PURPOSE.

6. Limitation of Liability.

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 HUNDRED DOLLARS (U.S.).

7. No Technical Support.

Our technical support organization will not provide technical support, phone support, or updates to you for the materials licensed under this Agreement. Technical support, if available, may be acquired from Oracle or its affiliates under a separate agreement.

8. Relationship Between the Parties.

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 programs that are functionally similar to the other party’s products, so long as proprietary information of the other party is not included in such programs.

9. Entire Agreement.

You agree that this Agreement is the complete Agreement for the Oracle Linux programs and the Additional Oracle Linux programs, 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. Neither the Uniform Computer Information Transactions Act nor the United Nations Convention on the International Sale of Goods applies to this agreement.

You can find a copy of the GNU General Public License version 2.0 in the “copying” or “license” file included with the Oracle Linux programs or here: http://oss.oracle.com/licenses/GPL-2.

OFFER TO PROVIDE SOURCE CODE

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. Alternatively, if the source code for the technology 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 to:

Oracle America, Inc.

Attn: Associate General Counsel

Development and Engineering Legal

500 Oracle Parkway, 10th Floor

Redwood Shores, CA 94065

Or, you may send an email to Oracle using the form linked from http://www.oracle.com/goto/opensourcecode. Your written or emailed request should include:

We may charge you a fee to cover the cost of physical media and processing. Your request must be sent (i) within three (3) years of the date you received the Oracle product that included the component or binary file(s) that are the subject of your request, or (ii) in the case of code licensed under the GPL v3, for as long as Oracle offers spare parts or customer support for that product model or version.

Last updated: 30 August 2013