Oracle Learning System Terms of Use

Please Note: You have already agreed to the Oracle University Legal Terms and Policies when ordering this offering. As a reminder, you have already agreed to abide by the following terms:

The Oracle Learning System

Oracle Learning Subscription (OLS) is offered exclusively per named user unless otherwise indicated; so unauthorized individuals may not view any OLS content at any time. Unauthorized recording, copying, transmission or other distribution of OLS content is strictly prohibited. You are responsible for meeting the minimum system requirements to order a U course.

Upon Oracle's acceptance of your order, you have the limited right to use the products and receive any services you ordered solely for your individual use. Any materials that Oracle provides to you may be used solely by the student participating in the OLS course. Oracle retains all ownership and intellectual property rights to the products and anything developed by Oracle and delivered to you under your order resulting from the services.

During the term of your OLS subscription, you will receive the following notifications from Oracle University:

1. New Content Notification - Updates on newly-available content, including a listing of all new videos posted to the OLS service. This will be a single email to all OLS users on a monthly basis.
2. Live events notification - A bi-weekly email to all OLS users with a schedule of live online classes launched for the OLS service. Certain live online content may be included in your subscription (depending on the subscription purchased).
3. Skills/Points Notification - A monthly, personalized email to each OLS user showing his or her skills achieved and points obtained to date. 
4. System Notifications - To communicate any downtime and/or system outages on a proactive basis.

You may not:

1. Remove or modify any program markings or any notice of Oracle's proprietary rights;
2. Make the products or materials resulting from the services 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 or materials from the services you have acquired);
3. Cause or permit reverse engineering (unless required by law for interoperability), disassembly or decompilation of the products;
4. Disclose results of any program benchmark tests without Oracle's prior written consent; or
5. Disclose any materials that Oracle provides to you in a class for a period of three years from the date of disclosure.

Agreement Definitions

The terms “Oracle Learning Subscription, Oracle Learning Subscription Trial,” the “Trial,” and the “services,” mean the service offerings that Oracle makes available through a webportal, including any software (including Oracle programs), technology platform and other materials that Oracle makes available as part of the services for your access and use with the environment. Section U of this agreement sets forth the service descriptions and rules applicable to the services. The Trial may be used for trial purposes only.

The term “Oracle programs” refers to the software products owned or distributed by Oracle to which Oracle grants you access as part of the services, including user guides, and any program updates provided as part of the services.

The term “users” means those individuals authorized by you or on your behalf to use the services.

The term “your applications” means all software programs that you or any user create using the services, including any source code for such programs.

The term “your content” means all software (other than your applications), data, and data files provided by you or any user and that reside on, or run on or through, your Trial environment. You agree not to include any production data in your content.

Rights Granted

For the duration of the Subscription or Trial Period, you have the nonexclusive, nontransferable, non-assignable, limited right to use the services, subject to the terms of this agreement, and solely for your internal business purposes to evaluate Oracle University’s Learning Subscription offering and not for any production or commercial purposes. You may allow your users to use the services for this purpose and you are responsible for your users’ compliance with this agreement.

You acknowledge that Oracle has no delivery obligation and will not ship copies of any Oracle programs to you as part of the services. Third party technology that may be appropriate or necessary for use with some Oracle programs will be specified by Oracle. Your right to use such third party technology is governed by the terms of the third party technology license agreement specified by Oracle and not under this agreement.

You do not acquire any license to use the services, including any Oracle programs to which Oracle provides you with access as part of the services, in excess of the scope and/or duration of the services defined in this agreement. Upon the end of this agreement or the services hereunder, your right to access or use the services and Oracle programs shall terminate.

Ownership and Restrictions

You retain all ownership and intellectual property rights in and to your content and your applications. Oracle or its licensors retain all ownership and intellectual property rights to the services and Oracle programs, including derivative works thereof, and anything developed and delivered by Oracle under this agreement.

You may not, and may not cause or permit others to:

Disclaimers and Exclusion of Warranties

THE SERVICES ARE PROVIDED TO YOU ON AN “AS IS” AND “AS AVAILABLE” BASIS, AND ORACLE HEREBY DISCLAIMS ALL EXPRESS OR IMPLIED REPRESENTATIONS, WARRANTIES, GUARANTEES, AND CONDITIONS WITH REGARD TO (A) THE SERVICES, INCLUDING BUT NOT LIMITED TO SOFTWARE, HARDWARE, SYSTEMS, NETWORKS OR ENVIRONMENTS AND (B) MERCHANTABILITY, SATISFACTORY QUALITY, NONINFRINGEMENT, AND FITNESS FOR A PARTICULAR PURPOSE.

ORACLE DOES NOT GUARANTEE THAT (A) THE SERVICES WILL BE PERFORMED ERROR-FREE OR UNINTERRUPTED, OR THAT ORACLE WILL CORRECT ALL ERRORS IN THE SERVICES; (B) THE SERVICES WILL OPERATE IN COMBINATION WITH YOUR CONTENT OR YOUR APPLICATIONS, OR WITH ANY OTHER SOFTWARE, HARDWARE, SYSTEMS, OR DATA; (C) YOUR CONTENT AND YOUR APPLICATIONS WILL BE SECURE OR NOT OTHERWISE LOST OR DAMAGED; AND (D) THE SERVICES, INCLUDING ANY PRODUCTS, INFORMATION OR OTHER MATERIAL YOU OBTAIN OR PURCHASE FROM ORACLE UNDER THIS AGREEMENT, WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS. YOU ACKNOWLEDGE THAT ORACLE DOES NOT CONTROL THE TRANSFER OF DATA OVER COMMUNICATIONS FACILITIES, INCLUDING THE INTERNET, AND THAT THE SERVICE MAY BE SUBJECT TO LIMITATIONS, DELAYS, AND OTHER PROBLEMS INHERENT IN THE USE OF SUCH COMMUNICATIONS FACILITIES. ORACLE IS NOT RESPONSIBLE FOR ANY DELAYS, DELIVERY FAILURES, OR OTHER DAMAGE RESULTING FROM SUCH PROBLEMS.

YOU ARE SOLELY RESPONSIBLE FOR ANY CONTENT, APPLICATION OR NON-ORACLE SOFTWARE THAT YOU USE IN CONNECTION WITH THE TRIAL ENVIRONMENT, AND AGREE, AT YOUR SOLE COST AND EXPENSE, TO DEFEND ORACLE AGAINST ANY CLAIM AND INDEMNIFY ORACLE FROM ANY DAMAGES, LIABILITIES, COSTS AND EXPENSES OR THE SETTLEMENT AGREED TO BY YOU, ARISING OUT OF OR IN ANY WAY CONNECTED WITH ANY SUCH CONTENT, APPLICATION OR NON-ORACLE SOFTWARE. ORACLE IS NOT RESPONSIBLE FOR THE SECURITY OF ANY CONTENT, APPLICATION OR SOFTWARE THAT YOU USE IN CONNECTION WITH THE TRIAL ENVIRONMENT.

ORACLE RESERVES THE RIGHT TO MAKE CHANGES OR UPDATES TO THE SERVICES, ORACLE PROGRAMS AND TRIAL AT ANY TIME WITHOUT NOTICE.

User Accounts

To use the services, you must have an Oracle.com account. Access to and use of password protected or secure areas of the Subscription or Trial site is restricted to authorized users only. You may not share your password(s), account information, or access to the site. You are responsible for identifying and authenticating all users, for approving access by such users to the services, for controlling against unauthorized access by users, and for maintaining the confidentiality of usernames, passwords and account information. By federating or otherwise associating your and your users’ Single Sign-On with Oracle, you accept responsibility for timely and proper termination of user records in your local (intranet) identity infrastructure and on your local computers. Oracle is not liable for any harm caused by users, including individuals who were not authorized to have access to the services but who were able to gain access because usernames, passwords or accounts were not terminated on a timely basis in your local identity management infrastructure or your local computers. You are responsible for all activities that occur under your and your users’ passwords or accounts or as a result of your or your users’ access to the Trial site, and agree to notify Oracle immediately of any unauthorized use. You agree to make every reasonable effort to prevent unauthorized third parties from accessing the Subscription or Trial.

Support Services

The Subscription or Trial provides an opportunity for current and potential Oracle customers to experience the services offering before purchasing it. If you experience technical difficulties with the services offering, you may contact Oracle for assistance by using a technical support link that Oracle will provide to you prior to your activation of the Subscription or Trial.

End of Agreement

Services provided under this agreement shall be provided for the Subscription or Trial Period defined above unless earlier terminated in accordance with this agreement. At the end of the Trial Period, all rights to access or use the services, including any Oracle programs that are part of the services, shall end.

You may discontinue your use of the services at any time. Oracle may terminate your password, account, and access to or use of the services at any time for any reason. You acknowledge and agree that Oracle has no obligation to retain your content and applications, and that your content and applications will be irretrievably deleted, following the termination of the services. Provisions that survive termination or expiration of this agreement are those which by their nature are intended to survive.

Fees and Taxes

The services under this agreement are provided to you free of charge during the Subscription or Trial Period.

Nondisclosure

By virtue of this agreement, you may have access to information that is confidential to Oracle, including but not limited to the services and Oracle programs, and any information related to the services and Oracle programs (“Oracle Confidential Information”). Oracle 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. You agree, both during the term of this agreement and for a period of three years after termination of this agreement and of all licenses granted hereunder, to hold Oracle’s Confidential Information in confidence. You agree not to make Oracle’s Confidential Information available in any form to any unauthorized third parties. You agree 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 agreement.

Entire Agreement

You agree that this agreement including the information which is incorporated into this agreement by written reference (including reference to information contained in a URL or referenced policy), is the complete agreement for the services ordered by you, and that this agreement supersedes all prior or contemporaneous agreements or representations, written or oral, regarding such services. If any term of this agreement is found to be invalid or unenforceable, the remaining provisions will remain effective and such term shall be replaced with a term consistent with the purpose and intent of this agreement. It is expressly agreed that the terms of this agreement shall supersede the terms in any purchase order or other non-Oracle document and no terms included in any such purchase order or other non-Oracle document shall apply to the services ordered. This agreement may not be modified and the rights and restrictions may not be altered or waived except in a writing signed or accepted online through the Oracle Store by authorized representatives of you and of Oracle. Notwithstanding the foregoing, Oracle may make changes to the services and this agreement, and you agree that your continued use of the services constitutes your acceptance of, and agreement to, such changes.

Limitation of Liability

IN NO EVENT SHALL ORACLE BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES, OR ANY LOSS OF REVENUE OR PROFITS, DATA, OR DATA USE, ARISING OUT OF OR RELATED TO THIS AGREEMENT, WHETHER IN CONTRACT OR TORT, OR OTHERWISE, EVEN IF ORACLE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL ORACLE’S TOTAL LIABILITY TO YOU UNDER THIS AGREEMENT FOR ALL DAMAGES EXCEED THE AMOUNT OF ONE THOUSAND UNITED STATES DOLLARS ($1,000.00).

Export

Export laws and regulations of the United States and any other relevant local export laws and regulations apply to the services. You agree to comply fully with export laws and regulations of the United States and any other applicable export laws ("Export Laws") to assure that none of the services (including technical data), any services deliverables provided under this agreement, or any direct products thereof, are: (1) exported, directly or indirectly, in violation of this agreement or Export Laws; or (2) used for any purposes prohibited by the Export Laws, including, without limitation, nuclear, chemical, or biological weapons proliferation, or development of missile technology.

Other Terms

Oracle is an independent contractor and we each agree that no partnership, joint venture, or agency relationship exists between us. We each will be responsible for paying our own employees, including employment related taxes and insurance. Oracle reserves the right to provide the services from locations, and/or through use of affiliates and subcontractors, worldwide.

You are responsible for obtaining at your sole expense any rights and consents from third parties necessary for your content, your applications, and other vendors’ products provided by you and used with the Trial environment, including all rights and consents to such content, applications and products necessary for Oracle to provide the services.

This agreement is governed by the substantive and procedural laws of the State of California and you and Oracle agree to submit to the exclusive jurisdiction of, and venue in, the courts in San Francisco or Santa Clara counties in California in any dispute arising out of or relating to this agreement.

If you have a dispute with Oracle, you will promptly send written notice to the contacts listed at:  http://www.oracle.com/us/corporate/contact/index.html. Oracle may give notice applicable to Oracle University’s Learning Subscription services customer base by means of a general notice on the Oracle portal for the services, and notices specific to you by electronic mail to your e-mail address on record in Oracle’s account information or by written communication sent by first class mail or pre-paid post to your address on record in Oracle’s account information.

You may not assign this agreement or give or transfer the services or an interest in them to another individual or entity.

Except for actions for breach of Oracle’s proprietary rights, no action, regardless of form, arising out of or relating to this agreement may be brought by either party more than two years after the cause of action has accrued.

Oracle may use software tools to audit and otherwise request information from you regarding your use of the services. You agree to cooperate with Oracle’s audit and provide reasonable assistance and access to information.

The Uniform Computer Information Transactions Act does not apply to this agreement or orders placed under it. You understand that Oracle’s business partners, including any third party firms retained by you to provide computer consulting services, are independent of Oracle and are not Oracle’s agents. Oracle is not liable for nor bound by any acts of any such business partner, unless the business partner is providing services as an Oracle subcontractor on an engagement ordered under this agreement.

Trial Period Users

This agreement is effective upon the full execution of this agreement (the “effective date”), and will terminate fourteen (14) from the effective date unless ended earlier in accordance with this agreement (the “Trial Period”). If you would like to use the services after the Trial Period (provided that Oracle has made the services commercially available), you must purchase such services from Oracle under a separate contract.

Force Majeure

Neither of us shall be responsible for events outside the reasonable control of the obligated party. We both will use reasonable efforts to mitigate the effect of a force majeure event.

Your Content

Oracle makes no assurances that any of your content or your applications loaded into the Trial environment will be secured or that such data will remain confidential. You acknowledge that the Trial is not designed for use with production data (including business content and personal information) and accordingly, you shall not include any production data in your content or use the services for any commercial purpose. YOU SHOULD FREQUENTLY BACK UP ANY CONTENT, APPLICATION OR SOFTWARE THAT YOU LOAD INTO, OR CREATE WITHIN, THE TRIAL ENVIRONMENT. ORACLE RESERVES THE RIGHT AT ITS SOLE DISCRETION TO DELETE, AT ANY TIME AND FOR ANY REASON, ANY CONTENT, APPLICATION OR SOFTWARE IN THE TRIAL ENVIRONMENT, AND ANY SUCH CONTENT, APPLICATION OR SOFTWARE MAY BECOME PERMANENTLY LOST IF SO DELETED.

Oracle has no obligation to monitor your content and your applications, but at its sole discretion, may access, monitor, and/or review your activity, content and applications in the environment. You agree to provide any notices and obtain any consents related to your use of the services and Oracle’s provision of the services, and you shall have sole responsibility for the accuracy, quality, integrity, legality, reliability, appropriateness and ownership of all of your content and your applications. You warrant and represent that your content and your applications do not contain any viruses, Trojan horses, worms or other components that would limit or harm the functionality of a computer including the services.

You shall not upload, email, post, publish, distribute or otherwise transmit any of your content containing a solicitation of funds, promotion, advertising, solicitation for goods or services, or other commercial matter. You agree not to solicit other users of the Trial to use or join or become members of any commercial online or offline service or other organization. Except where expressly authorized by Oracle, you agree not to collect or store personal data about other users. You agree that Oracle has no obligation to retain or archive any content or applications posted on the Trial site. At the end of the Trial Period, Oracle will disable the Trial accounts and remove any associated content and your applications. Your content, including text and images, may be disclosed as required by law without your prior consent. Oracle will use diligent efforts to inform you, to the extent permitted by law, of any request for such disclosure promptly upon receipt of such request.

You remain solely responsible for your regulatory compliance in connection with your use of the services.

Restrictions on Use of the Services

You agree not to use or permit use of the services, including by uploading, emailing, posting, publishing or otherwise transmitting any material, for any purpose that may (a) menace or harass any person or cause damage or injury to any person or property, (b) involve the publication of any material that is false, defamatory, harassing or obscene, (c) violate privacy rights or promote bigotry, racism, hatred or harm, (d) constitute unsolicited bulk e-mail, “junk mail”, “spam” or chain letters; (e) constitute an infringement of intellectual property or other proprietary rights, or (f) otherwise violate applicable laws, ordinances or regulations. In addition to any other rights afforded to Oracle under this agreement, Oracle reserves the right to remove or disable access to any material that violates the foregoing restrictions. Oracle shall have no liability to you in the event that Oracle takes such action. You agree to defend and indemnify Oracle against any claim arising out of a violation of your obligations under this section.

Unsolicited Communication

You share the Subscription or Trial with a large number of other participants and may be able to interact with those users as if they were members of the same enterprise. You agree to respect the other participants and not interfere with their experience. You agree that you will not send unsolicited communication to other participants using any services channel (email, instant messaging, documents, etc). You agree that you will not send unsolicited communication to anyone outside of the Subscription/Trial environment with the exception of your users.

Third Party Web Sites, Content, Products and Services

The services may enable you to add links to Web sites and access to material, products and services of third parties, including users, advertisers, affiliates and sponsors of such third parties. Oracle is not responsible for any third party Web sites or third party material provided on or through the services. You bear all risks associated with the access and use of such Web sites and third party material, products and services.

Feedback

“Feedback” shall mean any input regarding Oracle’s products and/or services, including changes or suggested changes to Oracle’s current or future products and/or services. Notwithstanding anything that you may note or state in connection with providing Feedback, all Feedback provided by you shall not be considered confidential information and shall be received and treated by Oracle on a non-confidential and unrestricted basis. You agree that Oracle or its licensors retain all ownership and intellectual property rights (including all derivatives or improvements thereof) in and to any Feedback provided by you or any other party, and acknowledge that Oracle may use the Feedback for any purpose, including but not limited to incorporation or implementation of such Feedback into an Oracle product or service, and to display, market, sublicense and distribute such Feedback as incorporated or embedded in any product or service distributed or offered by Oracle.