Third-Party Products Terms.
Updated: 20220203
- Special terms regarding programs [MySQL] (“The Programs”) distributed by Oracle.
- The Licensee hereby undertakes to not let any third party use the Programs.
- The Licensee agrees to limit the use of the Programs to the application package and to the internal business operations of the Licensee.
- The Licensee confirms that Oracle or its licensor retains all ownership and intellectual property rights to the Programs.
- The Licensee undertakes not to assign, give, or transfer the Programs and/or any services ordered or an interest in them to another individual or entity.
- Licensee may not (a) use the Programs for rental, timesharing, subscription service, hosting, or outsourcing; (b) remove or modify any program markings or any notice of Oracle’s or its licensors’ proprietary rights; and (c) make the Programs available in any manner to any third party for use in the third party’s business operations (unless such access is expressly permitted for the specific program license). The title to the Programs shall in no event be passed to the Licensee or any other party.
- The Licensee agrees not to reverse engineer (unless required by law for interoperability), disassemble or decompile the Programs (this includes but is not limited to review of data structures or similar materials produced by programs) and the Licensee agrees further not to duplicate the Programs except for a sufficient number of copies of each program for the Licensee´s licensed use and one copy of each program media.
- Oracle shall in no event be liable 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.
- In the event of termination of the License, Licensee undertakes to discontinue use and destroy or return all copies of the Programs and documentation to Netadmin.
- The Licensee agrees not to publish any results of benchmark tests run on the Programs.
- The Licensee undertakes to fully comply 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.
- The Licensee confirms that the Programs are subject to a restricted license and can only be used in conjunction with the application package.
- The License does not require Oracle to perform any obligations or incur any liability not previously agreed to between Netadmin and Oracle.
- Netadmin may audit the Licensee’s use of the Programs. The Licensee undertakes to provide reasonable assistance and access to information in the course of such audit and permit Netadmin to report the audit results to Oracle or to assign Netadmin’s right to audit the Licensee’s use of the Programs to Oracle. If Netadmin assigns its right to audit to Oracle then Oracle shall not be responsible for any of Netadmin’s or the Licensee’s costs incurred in cooperating with the audit.
- The Licensee confirms that Oracle is a third party beneficiary of the License.
- The Licensee confirms that some programs may include source code that Oracle may provide as part of its standard shipment of such programs, which source code shall be governed by the terms of the License.
- The Licensee confirms that some Programs may include third party technology. The terms of use for such third party technology will be specified in the program documentation or as otherwise notified by Netadmin. The third party technology is licensed to the Licensee only for use with the Program under the terms of the third party license agreement specified in the program documentation or as otherwise notified by Netadmin and not under the terms of the License.
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