SPECIAL TERMS AND CONDITIONS APPLICABLE TO ORACLE JAVA SOFTWARE
These Special Terms and Conditions Applicable to Oracle Java
Software (“Agreement”) includes the terms and definitions set out
below and shall apply to any and all Java software, services and/or
thereto related documentation originating from Oracle and included
as a part of the delivery of hardware, software and/or services by
Tecnotree Corporation, including its Affiliates, to You (as defined
below).
DEFINITIONS
“Affiliate” of a party refers to an entity (i) which is directly or indirectly
controlling such party; or (ii) which is under the same direct or
indirect ownership or control as such party; or (iii) which is directly or
indirectly owned or controlled by such party.
“You” and “Your” refer to the entity that has entered into a supply
agreement with Tecnotree Corporation, including its Affiliates,
regarding the purchase and licensing of hardware, software and /or
services and which purchase and license includes Oracle’s
Programs and/or Services.
The term “Main Agreement” refers to the separate supply contract
signed between Tecnotree and You pertaining to the supply and
delivery of the system and services by Tecnotree.
“Oracle” refers to a United States based multinational computer
technology corporation that specializes in developing and marketing
hardware systems and enterprise software products and includes
without limitation its Affiliates.
“Party” or “Parties” refers to You and/or Tecnotree Corporation.
The term “Programs” refers to the software products owned or
distributed by Oracle including program documentation, and any
program updates acquired through technical support. For the
purposes of this Agreement the Programs include, without limitation,
in particular the Oracle Java software.
The term “Program Documentation” refers to the Program user
manual and Program installation manuals. Program Documentation
is delivered with the Programs, or documentation may be accessed
online at http://oracle.com/contracts.
The term “Services” refers to Oracle technical support or other
Oracle services.
“Tecnotree” or “Tecnotree Corporation” refers to the a company
called Tecnotree Corporation and validly organised under the laws
of Finland, having its registered office at P.O. Box 93,
Finnoonniitynkuja 7, 02271 Espoo, Finland (including its Affiliates).
SPECIAL TERMS APPLICABLE TO ORACLE JAVA PROGRAMS
Notwithstanding anything to the contrary in the Main Agreement or
in any undertaking between You and Tecnotree, the following terms
and conditions apply to any and all Programs, Services and thereto
related documentation originating from Oracle and You agree, at the
minimum, to:
(1) Refrain from creating, modifying and/or changing the behavior of
classes, interfaces, or subpackages that are in any way identified as
"Java", "Javax", "Sun" or similar convention as specified by Oracle
in any naming convention designation.
(2) You acknowledge that Oracle owns the Java trademark and all
Java-related trademarks, logos and icons including the Coffee Cup
and Duke ("Java Marks") and You agree to: (a) comply with the
Java Trademark Guidelines at http://www.oracle.com/us/legal/thirdparty-trademarks/index.html; (b) not do anything harmful to or
inconsistent with Oracle's rights in the Java Marks; and (c) assist
Oracle in protecting those rights, including assigning to Oracle any
rights acquired by You, if any, in any Java Mark.
(3) Acknowledge and agree that the Programs may contain source
code that, unless expressly licensed for other purposes, is provided
solely for reference purposes pursuant to the terms of this
agreement.
(4) Acknowledge and agree that additional copyright notices and
license terms applicable to portions of the Programs are set forth in
the THIRDPARTYLICENSEREADME.txt file included in the
Program Documentation.
(5) Acknowledge and agree that use of the Commercial Features for
any commercial or production purpose requires a separate license
from Oracle. “Commercial Features” means those features identified
in Table 1-1 (Commercial Features In Java SE Product Editions) of
the Program documentation accessible at
http://www.oracle.com/technetwork/indexes/documentation/index.ht
ml.
(6) Restrict the use of the Programs to the scope of the Tecnotree
system and to Your internal business operations subject to the
terms of the Main Agreement and this Agreement.
(7) Acknowledge and agree that Oracle or its licensor(s) retains all
ownership and intellectual property rights to the Programs.
(8) Acknowledge and agree that it is prohibited to assign, give or
transfer the Programs (as such or as a part of the Tecnotree
system) and/or any Services ordered or an interest in them to
another individual or entity (in the event You grant a security interest
in the Programs and/or any Services, the secured party has no right
to use or transfer the Programs, as such or as a part of the
Tecnotree system).
(9) It is prohibited to remove or modify any Program markings or any
notice of Oracle’s or its licensors’ proprietary rights.
(10) It is prohibited to modify, reverse engineer (unless required by
law for interoperability), disassemble or decompile the Programs
(the foregoing prohibition includes but is not limited to review of data
structures or similar material produced by Programs) and prohibited
to duplicate the Programs.
(11) That, to the extent not prohibited by applicable law, Oracle’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 the use of the Programs is
disclaimed.
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(12) That it is prohibited to publish any results of the benchmark
tests run on the Programs.
(13) Acknowledge and agree to comply fully with all relevant export
laws and regulations of the United States and other applicable
export and import laws to assure that neither the Programs, nor any
direct product thereof, are exported, directly or indirectly, in violation
of applicable laws.
ORDER OF PRECEDENCE
Notwithstanding anything to the contrary in the Main Agreement, in
the event of any discrepancy between the content this Agreement
on one hand and the Main Agreement on the other hand, the
content of this Agreement shall prevail.
(14) Not require Oracle to perform any obligations or incur any
liability not previously agreed to between You and Tecnotree.
(15) Permit Tecnotree to audit Your use of the Programs. You
further agree to provide reasonable assistance and access to
information in the course of such audit and permit Tecnptree to
report the audit results to Oracle or to assign its right to audit Your
use of the Programs to Oracle. In any event, You agree to bear
Your own costs regarding the audit and not hold Oracle or
Tecnotree responsible for any of Your costs incurred in cooperating
with the audit.
(16) Acknowledge and agree that You have not relied on the future
availability of any Programs or updates in entering into the Main
Agreement; however, (a) if You order technical support from Oracle,
the preceding sentence does relieve Oracle of its obligation to
provide updates under such order, if-and-when available, in
accordance with Oracle’s then current technical support policies,
and (b) the preceding sentence does not change the rights granted
to You for any Program licensed under the Main Agreement, per the
terms of the Main Agreement.
(17) Acknowledge and agree that the application of the Uniform
Computer Information Transactions Act is excluded.
(18) Acknowledge and agree that third party technology that may be
appropriate or necessary for use with some Oracle Programs is
specified in the Tecnotree product documentation, the Program
Documentation, readme files, notice files, installation details and/or
as otherwise notified by Tecnotree or Oracle and that such third
party technology is licensed to You only for use with the Tecnotree
system under the terms of the third party technology license
agreement specified in theTecnotree product documentation, the
Program Documentation, readme files, notice files, installation
details and/or as otherwise notified by Tecnotree or Oracle and not
under the terms of the Main Agreement or this Agreement.
EXPORT
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 laws govern your use of the Programs
(including technical data) and any Services deliverables provided
under this Agreement and/or the Main 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 Services
(or 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, or development of missile
technology.
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