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[ossig] Oracle 10g XE Free Edition, Trying to play hard to get with FOSS?



FOSS or Not FOSS ;), this was my comment on this line
_____________________________________________________
Oracle is this point forward:
http://www.oracle.com/technology/software/htdocs/xe_lic.html?http://www.orac
le.com/technology/software/products/database/xe/htdocs/102xewinsoft.html

Terms and Conditions:

Oracle Database Express Edition Beta Program

Beta Trial License 
We are willing to license the Software (as defined below) to you only upon
the condition that you accept all of the terms contained in this agreement.
Read all the terms carefully and select the "Accept" button at the bottom of
the page to confirm your acceptance. Signifying acceptance of this trial by
pressing the "Accept" button below is an indication of your agreement, as an
authorized representative and signatory of your organization ("you"), to
comply with each of the following beta trial license and export restrictions
with respect to the Software (as defined below). If you are not willing to
be bound by these terms, select the "Do Not Accept" button and the
registration process will not continue.
EXPORT CONTROLS ON THIS SOFTWARE:
Top of Form

I am not a citizen, national, or resident of, and am not under control of,
the government of Cuba, Iran, Sudan, Iraq, Libya, North Korea, Syria, nor
any country to which the United States has prohibited export. 

I will not download or otherwise export or re-export the Software, directly
or indirectly, to the above mentioned countries nor to citizens, nationals
or residents of those countries. 

I am not listed on the United States Department of Treasury lists of
Specially Designated Nationals, Specially Designated Terrorists, and
Specially Designated Narcotic Traffickers, nor am I listed on the United
States Department of Commerce Table of Denial Orders. 

I will not download or otherwise export or re-export the Software, directly
or indirectly, to persons on the above mentioned lists. 

I will not use the Software for, and will not allow the Software to be used
for, any purposes prohibited by United States law, including, without
limitation, for the development, design, manufacture or production of
nuclear, chemical or biological weapons of mass destruction. 
Note: You are bound by the Oracle Technology Network ("OTN") License
Agreement terms. The OTN License Agreement terms also apply to all updates
you receive under your Technology Track subscription.
The OTN License Agreement terms below supercede any shrinkwrap license on
the OTN Technology Track software CDs and previous OTN License terms
(including the Oracle Program License as modified by the OTN Program Use
Certificate).
Bottom of Form

___________________________________________________________________________
BETA TRIAL LICENSE: Oracle Corporation ("Oracle") grants to you a no-charge
trial license to use the pre-production beta version of the Oracle Database
Express Edition  software, documentation and product training (the
"Software")  provided to you by Oracle solely for evaluation purposes until
January 31, 2006.   Either party may terminate the license for the Software
at any time.  Upon termination, you shall cease using the Software.  You
will ensure that all your personnel who may access and/or use the Software
during the trial period specified above will comply with the terms of this
agreement. You also agree that your organization will be responsible for any
breach of the terms of this agreement by all personnel who may access and/or
use the Software.  Any feedback or other information you provide Oracle
relating to the Software shall be received and treated by Oracle on a
non-confidential and unrestricted basis ("Feedback"), and Oracle shall have
a worldwide, royalty-free, non-exclusive, perpetual, and irrevocable right
to use Feedback for any purpose, including but not limited to, incorporation
of such Feedback into the Software or other software products. You may not
use the Software for any commercial or production purpose. You shall not:
(a) remove any product identification, copyright notices, or other notices
or proprietary restrictions from the Software; (b) use the Software for
commercial timesharing, rental, or service bureau use; (c) cause or permit
reverse engineering, disassembly, or decompilation of the Software; (d)
disclose results of any benchmark tests of any Software to any third party
without Oracle's prior written approval; (e) duplicate and/or install the
Software other than as permitted under this agreement; or (f) assign or
purport to assign the rights or obligations under this agreement. All dates
provided during the pre-production beta trial period are subject to change.
During the pre-production beta trial period, you are licensed to use all
features of the Software under the terms of this agreement. Unless otherwise
provided as an update to customers in accordance with Oracle's technical
support services, if and when the Software is released in production, you
may acquire licenses for the production version of the Software in
accordance with Oracle's then standard licensing and pricing terms and
conditions (which, at Oracle's sole discretion, may allow license of only
some rather than all of the features of the Software). 

NO TECHNICAL SUPPORT.  Oracle's technical support organization will not
provide technical support, phone support, or updates to you for the
Software. 

CONFIDENTIALITY: By virtue of this document, the parties may have access to
information that is confidential to the other party, including but not
limited to the Software ("Confidential Information"). Confidential
Information shall not include information which: (a) is or becomes a part of
the public domain through no act or omission of the other party; or (b) was
in the other party's lawful possession prior to the disclosure and had not
been obtained by the other party either directly or indirectly from the
disclosing party; or (c) is lawfully disclosed to the other party by a third
party without restriction on disclosure; or (d) is independently developed
by the other party; or (e) is Feedback. Results of benchmark tests run by
you may not be disclosed unless Oracle consents to such disclosure in
writing. The parties agree, both during the term of this document and for a
period of three years after termination of this document and of all licenses
granted hereunder, to hold each other's Confidential Information in
confidence. The parties agree not to make each other's Confidential
Information available in any form to any third party or to use each other's
Confidential Information for any purpose other than the implementation of
this document. Each party agrees to take all reasonable steps to ensure that
Confidential Information is not disclosed or distributed by its employees or
agents in violation of the provisions of this document. 

COPYRIGHT/OWNERSHIP OF THE SOFTWARE: The Software is the proprietary product
of Oracle and is protected by copyright and other intellectual property
laws. You acquire only the right to use the Software and do not acquire any
rights, express or implied, in the Software other than those specified in
this document. Oracle, or its licensor, shall at all times retain all
rights, title, interest, including intellectual property rights, in the
Software. 

WARRANTY DISCLAIMER: ORACLE IS PROVIDING THIS BETA TRIAL LICENSE ON AN "AS
IS" BASIS WITHOUT WARRANTY OF ANY KIND; ORACLE DOES NOT WARRANT THAT ACCESS
TO THE SOFTWARE WILL BE PROVIDED UNINTERRUPTED OR ERROR-FREE; FURTHERMORE,
ORACLE DISCLAIMS ALL EXPRESS AND IMPLIED WARRANTIES, INCLUDING THE IMPLIED
WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. 

DEVELOPMENT DISCLAIMER: THIS BETA TRIAL LICENSE IS INTENDED TO PROVIDE FOR
INFORMATION SHARING ONLY AND IS NOT A COMMITMENT TO DELIVER ANY MATERIAL,
CODE, OR FUNCTIONALITY BEYOND WHAT IS LICENSED AND/OR SHIPPED UNDER ANY
LICENSE AGREEMENT BETWEEN ORACLE AND YOU. ANY SOFTWARE UNDER THIS AGREEMENT
IS SUBJECT TO CHANGE AT ANY TIME AND, ACCORDINGLY, SHOULD NOT BE RELIED UPON
IN MAKING PURCHASING DECISIONS. THE DEVELOPMENT, RELEASE, AND TIMING OF ANY
FEATURES OR FUNCTIONALITY FOR ORACLE'S PRODUCTS REMAINS AT THE SOLE
DISCRETION OF ORACLE. YOU SHOULD NOT RELY ON THE FUTURE AVAILABILITY OF ANY
FUTURE PRODUCT OR SERVICE IN ENTERING INTO ANY LICENSE AGREEMENT WITH
ORACLE. UNLESS OTHERWISE PROVIDED AS AN UPDATE TO CUSTOMERS IN ACCORDANCE
WITH ORACLE'S TECHNICAL SUPPORT SERVICES, IF AND WHEN THE SOFTWARE UNDER
THIS AGREEMENT IS RELEASED, YOU MAY ACQUIRE LICENSES FOR THE PRODUCTION
SOFTWARE IN ACCORDANCE WITH ORACLE'S THEN STANDARD LICENSING AND PRICING
TERMS AND CONDITIONS. ORACLE IS NOT OBLIGATED TO PROVIDE THE SOFTWARE AS AN
UPDATE, AND UPDATES ARE ONLY PROVIDED TO CUSTOMERS WHO MAINTAIN UPDATE
SUBSCRIPTION SERVICES FOR THE ASSOCIATED LICENSE IN ACCORDANCE WITH ORACLE'S
TECHNICAL SUPPORT POLICIES. 

LIMITATION OF LIABILITY: ORACLE SHALL NOT BE LIABLE FOR ANY INDIRECT,
INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, OR DAMAGES FOR LOSS OF
PROFITS, REVENUE, DATA OR DATA USE, INCURRED BY CUSTOMER 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 LIABILITY FOR DAMAGES HEREUNDER
SHALL IN NO EVENT EXCEED THE FEES PAID BY YOU FOR THIS LICENSE. 

Oracle will not be in default or otherwise liable for any delay in or
failure of its performance where such delay or failure arises by reason of
any act of God, or any government or any governmental body, acts of the
common enemy, the elements, strikes or labor disputes, or other similar or
dissimilar cause beyond Oracle's control. 

The law governing this document and all related actions shall be the laws of
the State of California, U.S.A. 

EXPORT: You shall comply fully with all laws and regulations of the United
States and other countries ("Export Laws") to assure that neither the
Software, nor any direct products thereof are (1) exported, directly or
indirectly, in violation of Export Laws, or (2) are used for any purpose
prohibited by Export Laws, including, without limitation, nuclear, chemical,
or biological weapons proliferation. Oracle may audit your use of the
Software. All terms of your purchase order or other ordering document shall
be superseded by this document. 


Last updated: 10/26/05
___________________________________________________________________________

RESTRICTED RIGHTS: Software delivered to the U.S. Defense Dept. is delivered
with Restricted Rights and the following applies: "Restricted Rights Legend:
Use, duplication or disclosure by Government is subject to restrictions as
currently set forth in subparagraph (c)(1)(ii) of DFARS 252-227-7013, Rights
in Technical Data and Computer Software (October 1988). Oracle Corp. 500
Oracle Pkwy., Redwood City, CA, 94065. Software delivered to a U.S.
Government Agency not within the Defense, Dept. is delivered with
"Restricted Rights" as defined in FAR 52.227-14, Rights in Data - General,
including Alternate III (June 1987)." 

Oracle Corporation World Headquarters 
500 Oracle Parkway 
Redwood Shores, CA 94065 
USA 
Worldwide Inquiries: 650.506.7000 Fax: 650.506.7200 

If you agree, as an authorized representative and signatory of your
organization, to accept the license terms above on behalf of your
organization, and to confirm that your organization is in compliance with
and will remain in compliance with each of the export restrictions listed
above, please click on the "Accept" button below. Otherwise please click "Do
Not Accept" to cancel the registration process for the beta trial Software
license. 

Oracle may contact you to ask if you had a satisfactory experience
installing and using this OTN software download.
Accept
Not Accept

Regards.
---------------------------
Fouad Riaz Bajwa
FOSSFP
www.fossfp.org


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