Oracle is willing to authorize Your access to Programs associated with this License Agreement (“Agreement”) only upon the condition that You accept that this Agreement governs Your use of the Programs. By selecting the “Accept License Agreement” button or box (or the equivalent) or installing or using the Programs, You indicate Your acceptance of this Agreement and Your agreement, as an authorized representative of Your company or organization (if being acquired for use by an entity) or as an individual, to comply with the license terms that apply to the software that You wish to download and access and use. If You are not willing to be bound by this Agreement, do not select the “Accept License Agreement” button or box (or the equivalent) and do not download or access the software.
"Oracle" refers to Oracle America, Inc. "You" and "Your" refers to (a) a company or organization (each an “Entity”) accessing the Programs, if use of the Programs will be on behalf of such Entity; or (b) an individual accessing the Programs, if use of the Programs will not be on behalf of an Entity. “Content” refers to any content published, displayed, broadcast, transmitted or distributed on, by or through Your Mobile Application to End Users or third parties. “Contractors” refers to Your agents and contractors (including, without limitation, outsourcers). “Mobile Application Data” refers to the data collected from a particular End User’s mobile device, including the mobile device’s IP address, mobile advertising identifier (“MAID”), type of operating system, the date and time the End User visited the Mobile Application, and the End User’s interaction with the Mobile Application (i.e., the Content or products the End User viewed and the End User’s movement within the Mobile Application). "Program(s)" refers to the Oracle AddThis mobile software development kit software provided by Oracle pursuant to this Agreement and any updates, error corrections, or Program Documentation provided by Oracle. The Program(s) include one or more mobile application archives or libraries (each a “Mobile Archive”). “Program Documentation” refers to Program user manuals and Program installation manuals, if any. If available, Program Documentation may be delivered with the Programs or may be accessed from www.oracle.com/documentation. “Separate Terms” refers to any 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.
Subject to the terms of provisions of this Agreement, Oracle grants You a nonexclusive, nontransferable, non-sublicensable, revocable, limited license to internally use the Programs and to:
(a) Incorporate the Mobile Archive into Your own mobile application which is compiled, completed, and signed with Your own mobile operating system-specific certificate(s) (“Mobile Application”); and
(b) Distribute the Mobile Application within Your enterprise or Entity to Your internal end users or to Your third party end users (“End User(s)”). You may not distribute the Mobile Archive as provided by Oracle to (i) Your internal End Users except to the extent necessary for the creation of the Mobile Application or, (ii) any other End Users. Distribution of the Mobile Application to End Users is subject to the terms of the “End User License Terms” section below.
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, platform provider, and possible 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 the terms of this Agreement) and license terms set forth in a separate agreement between You and Apple.
You may allow Your Contractor(s) to use the Programs, provided they are acting on Your behalf to exercise license rights granted in this Agreement and further provided that You are responsible for their compliance with the terms of this Agreement in such use. You will have a written agreement with Your Contractor(s) that strictly limits their right to use the Programs and that otherwise protects Oracle’s intellectual property rights to the same extent as this Agreement. You may make copies of the Programs to the extent reasonably necessary to exercise the license rights granted in this Agreement. You may make one copy of the Programs for backup purposes.
You may not:
The Programs may contain source code that, unless expressly licensed in this Agreement for other purposes (for example, licensed under an open source license), is provided solely for reference purposes pursuant to the terms of this Agreement and may not be modified. Upon request by Oracle, You will submit run-time binaries and screenshots of the Mobile Application to Oracle. You shall promptly make Oracle aware of any bugs, errors or any other issues relating to the Program(s).
Feedback. Upon request, You agree to discuss Your use of the Program(s) with Oracle and to provide feedback including but not limited to any ideas, thoughts, criticisms, suggested improvements or other information related to the Program(s). Oracle may use the feedback to modify the Oracle products and services and all right, title and interest in such feedback belongs to Oracle.
All rights not expressly granted in this Agreement are reserved by Oracle. If You want to use the Programs with Your Mobile Application for any purpose other than as expressly permitted under this Agreement, You must obtain from Oracle or an Oracle reseller a valid Program(s) license under a separate agreement permitting such use. However, You acknowledge that the Program(s) may not be intended for production use and Oracle may not make a version of the Programs available for production or other purposes; any development or other work You undertake with the Programs is at Your sole risk.
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, include language that, in form, substance and effect, establishes and confirms each of the following:
(a) Acknowledgements by You and the End User that the EULA is between You and the End User only and, as between You, the End User and any third party,
the following terms 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 or use of the 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 the Mobile Application infringes a third party’s intellectual property rights;
(b) Provide only a limited, non-transferable, non-sublicensable, terminable license to the End User that prohibits (i) modifying or creating derivative works of the Mobile Application 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) Provide no limitation of your liability to the End User beyond what is permitted by applicable law;
(d) Require the End User to comply fully with any applicable export laws and regulations of the U.S. and other applicable export and import laws to assure that neither 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 by You 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.
Oracle or its licensors retain all ownership and intellectual property rights to the Program(s).
The Programs may contain or require the use of third party technology that is provided with the Programs. Oracle may provide certain notices to You in Program Documentation, readmes or notice files in connection with such third party technology. Separately Licensed Third Party Technology will be licensed to You either under the terms of this Agreement or, if specified in the Program Documentation, readmes or notice files, under Separate Terms. Your rights to use Separately Licensed Third Party Technology under Separate Terms are not restricted in any way by this Agreement. Notwithstanding the existence of a notice, third party technology that is not Separately Licensed Third Party Technology shall be deemed part of the Programs and is licensed to You under the terms of this Agreement.
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. If the source code for such software 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 pursuant to the instructions in the "Written Offer for Source Code" section of the latter website.
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 control laws govern Your use of the Programs (including technical data) and any services deliverables provided under this 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 or materials resulting from Programs or services (or direct products thereof) will be exported, directly or indirectly, in violation of these laws, or will be used for any purpose prohibited by these laws including.
Upon receipt of the Mobile Application Data, Oracle enables the synchronization of the End User’s MAID with a Cookie on the End User’s mobile browser and assigns an internal unique identifier to the End User to facilitate online behavioral advertising. “Cookies” are small text files that contain a string of characters and uniquely identify a browser. These Cookies are not set by this Program(s).
Oracle expressly disclaims any and all liability in connection with any of the Content. Oracle may decide whether any of the Content is inappropriate and reserves the right to discontinue its use and suspend the Agreement and all of Your license rights to use of the Programs at any time.
The Programs’ installation and auto-update processes, if any, may transmit a limited amount of data to Oracle or its service provider about those processes to help Oracle understand and optimize them. Oracle does not associate such data with personally identifiable information.
Compliance with Rules. Oracle will comply with all Rules directly applicable to Oracle in its role of providing the Program(s) to You. You will comply with all Rules applicable to Your use of the Program(s) and the collection, use, or provision to Oracle of the Mobile Application Data. In the event of any change in the Rules or in the regulatory or self-regulatory environment in any applicable jurisdiction, Oracle may, in its discretion, update the Agreement at any time or restrict Your use of or access to the Program(s) in such jurisdiction, without liability to You or any third party.
Adherence to Privacy Standards. You will not (i) use the Program(s) for the purposes of making decisions about an individual's eligibility for employment, health care, credit or insurance, or for making decisions solely by automatic means where the decision has a significant effect on the individual, or in any way that does or can be used to discriminate against any person or promote bigotry, racism or harm, (ii) provide to Oracle any data that falls under any of the sensitive data definitions contained in the DAA Principles or the NAI Code of Conduct, as they may be revised from time to time; or (iii) provide to Oracle any data collected from sites directed to children under the age of 13 or from individuals whose age You know to be under 13. Oracle may at its sole discretion decline to receive or remove specific data, categories or interest segments.
Personal Data. You will provide End Users whose Personal Data You are processing for Your own use with the rights to receive a copy of their Personal Data, to amend, modify, or delete their Personal Data, and/or to otherwise exercise their rights under the Rules with regard to their Personal Data, including the right to opt-out. If any individual requests to exercise such a right with respect to Personal Data transferred to Oracle, You will notify Oracle and provide detailed instructions to Oracle regarding the actions necessary to comply with such request, or at Oracle’s election provide a new version of the applicable data set that conforms to the individual’s request. As used herein, “Personal Data” means information defined as personally identifiable or personal information by the applicable Rules (as defined above) of the jurisdiction in which the relevant individual resides.
Transfers of Personal Data. Mobile Application Data may be transferred on a global basis. To the extent that Your use of the Program(s) involves any transfers of Personal Data (i) subject to data transfer restrictions or requirements under Directive 95/46/EC or any successor legislation; (ii) to countries, jurisdictions or recipients outside the EEA or Switzerland not recognized by the European Commission as ensuring an adequate level of protection pursuant to Directive 95/46/EC or any successor legislation; and (iii) not otherwise subject to an approved transfer mechanism that provides an adequate level of protection pursuant to Directive 95/46/EC or any successor legislation, such transfers between You and Oracle are made subject to the terms of the EU Standard Contractual Clauses for Controllers (“Clauses”), as entered into between Oracle (acting in its own name and in the name and on behalf of the Oracle affiliates) and You (acting in Your own name and in the name and on behalf of Your affiliates). You and Oracle agree that incorporation of the Clauses into this Agreement shall act as a legally-binding execution of the Clauses.
YOU REPRESENT AND WARRANT THAT (A) ORACLE’S EXERCISE OF THE RIGHTS GRANTED PURSUANT TO THE AGREEMENT WILL NOT INFRINGE OR OTHERWISE VIOLATE ANY THIRD PARTY RIGHTS; AND (B) ALL SO-CALLED MORAL RIGHTS IN THE MOBILE APPLICATION DATA HAVE BEEN WAIVED TO THE FULL EXTENT ALLOWED BY LAW. YOU FURTHER REPRESENT AND WARRANT THAT NEITHER THE MOBILE APPLICATION NOR ANY OF THE CONTENT ASSOCIATED WITH SUCH MOBILE APPLICATION WILL: (I) INFRINGE THE COPYRIGHT, TRADEMARK, TRADE SECRET OR OTHER INTELLECTUAL PROPERTY OR PROPRIETARY RIGHT OF OTHERS; (II) VIOLATE THE PRIVACY, PUBLICITY, OR OTHER RIGHTS OF THIRD PARTIES; (III) BE FALSE OR INACCURATE OR BECOME FALSE OR INACCURATE AT ANY TIME; (IV) BE DISCRIMINATORY, UNLAWFUL, TORTIOUS, OBSCENE, FRAUDULENT, DEFAMATORY, HARMFUL, THREATENING, PORNOGRAPHIC, INDECENT, VULGAR, HARASSING, DISCOURTEOUS, HATEFUL, ABUSIVE OR RACIALLY, ETHNICALLY, RELIGIOUSLY, SEXUALLY OR OTHERWISE OFFENSIVE, AS DETERMINED BY US IN OUR SOLE DISCRETION; (V) DISCLOSE OR PROVIDE INFORMATION PROTECTED UNDER ANY LAW, AGREEMENT OR FIDUCIARY RELATIONSHIP, INCLUDING BUT NOT LIMITED TO PROPRIETARY OR CONFIDENTIAL INFORMATION OF OTHERS; (VI) MISREPRESENT THE SOURCE OF THE CONTENT; (X) CONTAIN ANY VIRUS, TROJAN HORSE, WORM, TIME BOMB, CANCELBOT, SPYWARE OR OTHER DISABLING DEVICE OR OTHER HARMFUL COMPONENT INTENDED TO DAMAGE, DETRIMENTALLY INTERFERE WITH, SURREPTITIOUSLY INTERCEPT OR EXPROPRIATE ANY SYSTEM, DATA OR PERSONAL INFORMATION; (VII) ADVOCATE OR ENCOURAGE ANY ILLEGAL ACTIVITY; OR (VIII) MAKE ANY PROMISE, REPRESENTATION OR WARRANTY ON ORACLE’S BEHALF.
THE PROGRAMS ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND. ORACLE FURTHER DISCLAIMS ALL WARRANTIES, EXPRESS AND IMPLIED, INCLUDING WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT.
IN NO EVENT WILL ORACLE 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 ORACLE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. ORACLE’S ENTIRE LIABILITY FOR DAMAGES UNDER THIS AGREEMENT SHALL IN NO EVENT EXCEED ONE THOUSAND DOLLARS (U.S. $1,000).
Unless expressly included in a separate, current support agreement between You and Oracle, Oracle’s technical support organization will not provide technical support, phone support to You for the Programs provided under this Agreement.
Oracle may audit Your use of the Programs. You may terminate this Agreement by destroying all copies of the Programs. This Agreement shall automatically terminate without notice if You fail to comply with any of the terms of this Agreement, in which case You shall promptly destroy all copies of the Programs.
Oracle is an independent contractor and You agree that no partnership, joint venture, or agency relationship exists between You and Oracle. Each party will be responsible for paying its own employees, including employment related taxes and insurance. Nothing in this Agreement shall be construed to limit either party's right to independently develop or distribute software or code 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 or code.
You agree that this Agreement is the complete agreement for the Programs and this Agreement supersedes all prior or contemporaneous agreements or representations, including any click-wrap, shrink-wrap or similar licenses, or license agreements for prior versions of the Programs. This Agreement may be modified by Oracle from time to time and the rights and restrictions may be altered or waived and it is Your responsibility to review and agree to this Agreement, where it is published by Oracle, to ensure you are complying with its latest terms. If any term of this Agreement is found to be invalid or unenforceable, the remaining provisions will remain effective.
This Agreement is governed by the substantive and procedural laws of the State of California, USA, 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.
Should you have any questions concerning this License Agreement, or if you desire to contact Oracle for any reason, please write:
Oracle America, Inc.
500 Oracle Parkway
Redwood City, CA 94065
Oracle Employees: Under no circumstances are Oracle Employees authorized to download software for the purpose of distributing it to customers. Oracle products are available to employees for internal use or demonstration purposes only. In keeping with Oracle's trade compliance obligations under U.S. and applicable multilateral law, failure to comply with this policy could result in disciplinary action up to and including termination.
Last updated: 20 June 2016