Looker Notices & Acknowledgements
Looker Marketplace
The Looker Marketplace includes software, content, components, packages or other items not authored by or on behalf of Looker ("Third Party Packages"), which are each subject to their own terms and conditions.
You acknowledge and agree that:
- Looker is not responsible for, and makes no representations or warranties regarding, the installation, integration, interoperability, functionality or content of any Third Party Package.
- You may have to accept the terms and conditions of a Third Party Package in order to access it.
Looker mobile application
These Supplemental License Terms (the "Terms") apply to the Looker mobile application (the "Mobile App"). These Terms supplement the terms and conditions contained in the customer or evaluation agreement between your company or other legal entity ("Company") and Looker Data Sciences, Inc. ("Looker")(the "Agreement"). By downloading and/or using the Mobile App, you agree to be bound by these Terms. Further you represent and warrant that you are authorized to bind Company to the Terms. Company, and by extension you, constitute "you" for purposes of these Terms.
Apple App Store Requirements. (a) The Agreement is between you and Looker only, and not with Apple, Inc. ("Apple"), and Apple has no liability for the Mobile App; (b) your use of the Mobile App is limited to Apple-branded products that you own or control and as permitted by the Usage Rules set forth in the App Store Terms of Service; (c) Apple has no obligation to furnish any maintenance and support services with respect to the Mobile App; (d) in the event of any failure of the Mobile App to conform to any applicable warranty, (i) you may notify Apple, and Apple will refund the purchased price you paid through the App Store for the Mobile App, and (ii) to the maximum extent permitted by applicable law, Apple will have no other warranty obligation with respect to the Mobile App; (e) Apple is not responsible for addressing any claims of yours or any third party relating to the Mobile App, including, but not limited to (i) product liability claims; (ii) any claim that the Mobile App fails to conform to any applicable legal or regulatory requirement and (iii) consumer protection or similar claims; (f) Apple is not responsible for the investigation, defense, settlement and discharge of any third party claim that the Mobile App or your possession and use of the Mobile App infringes such third party's intellectual property right; (g) you represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a "terrorist supporting" country and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties; (h) if you have any questions concerning these Terms, please write to Looker at Looker Data Sciences, 1600 Amphitheatre Parkway, Mountain View, CA 94043; (i) you are responsible for complying with any applicable third party terms of agreement when using the Mobile App; and (j) Apple and its subsidiaries are third party beneficiaries of the Agreement; as a third party beneficiary, Apple will have the right to enforce the Agreement against you.
Oracle JDBC Driver
These Supplemental License Terms (the "Terms") apply to the Oracle JDBC Driver. These Terms supplement the terms and conditions contained in the customer or evaluation agreement between your company or other legal entity ("Company") and Looker Data Sciences, Inc. ("Looker")(the "Agreement"). By downloading and/or using the Oracle JDBC Driver, you agree to be bound by these Terms. Further you represent and warrant that you are authorized to bind Company to the Terms. Company, and by extension you, constitute "you" or "You" for purposes of these Terms.
License Rights and Restrictions
Oracle grants You a nonexclusive, nontransferable, limited license to, subject to the restrictions stated in these Terms, internally use the Oracle JDBC Driver solely for the purposes of developing, testing, prototyping and demonstrating Your applications, and running the Oracle JDBC Driver for Your own internal business operations. You may allow Your contractor(s) to use the Oracle JDBC Driver, provided they are acting on Your behalf to exercise license rights granted in these Terms and further provided that You are responsible for their compliance with these Terms in such use. You will have a written agreement with Your contractor(s) that strictly limits their right to use the Oracle JDBC Driver and that otherwise protects Oracle's intellectual property rights to the same extent as these Terms. You may make copies of the Oracle JDBC Driver to the extent reasonably necessary to exercise the license rights granted in these Terms. You may make one copy of the Oracle JDBC Driver for backup purposes.
Further, You may not:
- remove or modify any Oracle JDBC Driver markings or any notice of Oracle's or a licensor's proprietary rights;
- use the Oracle JDBC Driver to provide third party training unless Oracle expressly authorizes such use on the Oracle JDBC Driver's download page;
- assign these Terms or distribute, give, or transfer the Oracle JDBC Driver or an interest in them to any third party, except as expressly permitted in these Terms (the foregoing shall not be construed to limit the rights You may otherwise have with respect 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 these Terms);
- cause or permit reverse engineering (unless required by law for interoperability), disassembly or decompilation of the Oracle JDBC Driver; and
- disclose results of any Oracle JDBC Driver benchmark tests without Oracle's prior consent.
The Oracle JDBC Driver may contain source code that, unless expressly licensed in these Terms for other purposes (for example, licensed under an open source license), is provided solely for reference purposes pursuant to the terms of these Terms and may not be modified.
All rights not expressly granted in these Terms are reserved by Oracle. If You want to use the Oracle JDBC Driver or Your application for any purpose other than as expressly permitted under these Terms, You must obtain from Oracle or an Oracle reseller a valid Oracle JDBC Driver license under a separate agreement permitting such use. However, You acknowledge that the Oracle JDBC Driver may not be intended for production use and/or Oracle may not make a version of the Oracle JDBC Driver available for production or other purposes; any development or other work You undertake with the Oracle JDBC Driver is at Your sole risk.
Ownership
Oracle or its licensors retain all ownership and intellectual property rights to the Oracle JDBC Driver.
Export Controls
Export laws and regulations of the United States and any other relevant local export laws and regulations apply to the Oracle JDBC Driver. You agree that such export control laws govern Your use of the Oracle JDBC Driver (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 and/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, without limitation, nuclear, chemical, or biological weapons proliferation, or development of missile technology. Accordingly, You confirm:
- You will not download, provide, make available or otherwise export or re-export the Oracle JDBC Driver, directly or indirectly, to countries prohibited by applicable laws and regulations nor to citizens, nationals or residents of those countries.
- You are not listed on the United States Department of Treasury lists of Specially Designated Nationals and Blocked Persons, Specially Designated Terrorists, and Specially Designated Narcotic Traffickers, nor are You listed on the United States Department of Commerce Table of Denial Orders.
- You will not download or otherwise export or re-export the Oracle JDBC Driver, directly or indirectly, to persons on the above mentioned lists.
- You will not use the Oracle JDBC Driver for, and will not allow the Oracle JDBC Driver to be used for, any purposes prohibited by applicable law, including, without limitation, for the development, design, manufacture or production of nuclear, chemical or biological weapons of mass destruction.
Disclaimer of Warranties; Limitation of Liability
THE ORACLE JDBC DRIVER IS 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).
No Technical Support
Unless Oracle support for the Oracle JDBC Driver, if any, is expressly included in a separate, current support agreement between You and Oracle, Oracle's technical support organization will not provide technical support, phone support, or updates to You for the Oracle JDBC Driver provided under these Terms.
Termination
You may terminate these Terms by destroying all copies of the Oracle JDBC Driver. These Terms shall automatically terminate without notice if You fail to comply with any of the Terms, in which case You shall promptly destroy all copies of the Oracle JDBC Driver.
Relationship Between the Parties
Oracle is an independent contractor and You agree that no partnership, joint venture, or agency relationship exists between You and Oracle. You and Oracle each will be responsible for paying our own employees, including employment related taxes and insurance. Nothing in these Terms shall be construed to limit either party's right to independently develop or distribute software 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.
U.S. Government End Users
The Oracle JDBC Driver and/or Oracle JDBC Driver Documentation delivered to U.S. Government end users are "commercial computer software" pursuant to the applicable Federal Acquisition Regulation and agency-specific supplemental regulations. As such, use, duplication, disclosure, modification, and adaptation of the Oracle JDBC Driver and/or Oracle JDBC Driver Documentation shall be subject to the license terms and license restrictions set forth in this Agreement. No other rights are granted to the U.S. Government.
No Right to Distribute
You do not have a right to distribute the Oracle JDBC Driver or Oracle JDBC Driver Documentation.
Third Party Beneficiary
Oracle is a third party beneficiary to the Agreement.