EXHIBIT C – JD Edwards EnterpriseOne Mobile Archive Restricted Use Notice
The JD Edwards EnterpriseOne programs associated with the JD Edwards EnterpriseOne Tools Developing and Customizing Mobile Enterprise Applications Guide include one or more mobile application archives or libraries (each a "Mobile Archive") based on Oracle Mobile Application Framework Foundation. Your use of each Mobile Archive is limited to the following:
Insert your brand or logo where indicated (removing Oracle's brands and logos, if any) in the Mobile Archive;
Modify the Mobile Archive as permitted by the "Oracle Mobile Application Framework Foundation" section below;
Compile, complete, and sign the Mobile Archive with your own mobile operating system-specific certificate(s), thereby creating a mobile application ("Mobile Application"); and
Distribute the Mobile Application within your enterprise or entity to your internal users and/or to your third party end users ("End Users") that use the associated JD Edwards program. You may not distribute the Mobile Archive to End Users.
With respect to creating a Mobile Application, you acknowledge that you must separately agree to and abide by license terms with the applicable mobile operating system provider and possibly other third parties. For example, for iOS applications, you agree that the Mobile Application, in whole or in part, may not be installed on a mobile device or executed except as incorporated into an iOS application that has been signed using an appropriate Apple-issued certificate that you obtained directly from Apple and that is deployed in full compliance with your agreement with Oracle (including these terms) and license terms set forth in a separate agreement between you and Apple.
Any Mobile Application distribution to End Users must be subject to a legally binding end user license agreement (the "EULA") between you and each End User pertaining to the Mobile Application that must, at a minimum, contain the following terms:
(a) Include acknowledgements by you and the End User that the EULA is concluded between you and the End User only and that the following apply: (i) you are solely responsible for each Mobile Application's content, maintenance, and support; and (ii) you are solely responsible for addressing, settling, and discharging any claims of the End User or any third party relating to the Mobile Application or the End User's possession and/or use of that Mobile Application, including, but not limited to product liability claims; any claim that the Mobile Application fails to conform to any applicable legal or regulatory requirement; any claims arising under consumer protection or similar legislation; and any claims that the End User's possession and use of that Mobile Application infringes a third party's intellectual property rights;
(b) Provide only a non-transferable, terminable license to the End User that prohibits (i) modifying or creating derivative works or (ii) decrypting, decompiling, reverse engineering, disassembling or attempting to derive the Mobile Application source code (unless such actions are expressly permitted by applicable law);
(c) Notify the End User that the Mobile Application is subject to a restricted license and can be used only in conjunction with the specific Oracle-based solution(s) for which it is designed;
(d) Provide no limitation of your liability to the End User beyond what is permitted by applicable law;
(e) Require the End User to comply fully with all relevant export laws and regulations of the U.S. and other applicable export and import laws to assure that the Mobile Application, nor any direct products thereof, is exported, directly or indirectly, in violation of applicable laws;
(f) State in the EULA your name and address to which any End User questions, complaints or claims with respect to the Mobile Application can be directed;
(g) State in the EULA that the End User must comply with applicable third-party terms when using the Mobile Application and that third-party components that may be appropriate or necessary for use with the Mobile Application are specified in the documentation for that program (or as otherwise notified by you) and that those third party components are licensed to the End User only for use with the Mobile Application under the terms of the third party license agreement specified in the documentation for that program (or as otherwise notified by you) and not under the terms of the EULA;
(h) State that the licenses provided in the EULA automatically terminate upon breach of the EULA terms and in addition that the licenses provided in the EULA may be terminated upon notice;
(i) State that upon termination of the EULA the End User must discontinue all use of the Mobile Application and to delete all copies of the Mobile Application;
(j) Disclaim in the EULA, to the extent permitted by applicable law, a third party's liability for (a) any damages, whether direct, indirect, incidental, special, punitive or consequential, and (b) any loss of profits, revenue, data or data use, arising from use of the Mobile Application;
(k) Designate Oracle as a third party beneficiary. Oracle will have the right to enforce the EULA against the End Users; and
(l) State that your licensors retain all ownership and intellectual property rights in the Mobile Application.
You agree to inform Oracle promptly if you are aware of any breach of the EULA. You agree to be financially responsible to Oracle for all damages or losses caused by your failure to include the required contractual terms set forth above in each EULA between you and an End User.