ORACLE APPLICATION EXPRESS SERVICE AGREEMENT

PLEASE SCROLL DOWN AND READ ALL OF THE FOLLOWING TERMS OF USE
CAREFULLY. THIS IS A LEGAL AGREEMENT ("AGREEMENT") BETWEEN YOU AND
ORACLE AMERICA, INC. STATING THE TERMS AND CONDITIONS THAT GOVERN
YOUR USE OF THE ORACLE APPLICATION EXPRESS SERVICE. IF YOU ARE ENTERING
INTO THIS AGREEMENT ON BEHALF OF A COMPANY OR LEGAL ENTITY, YOU
REPRESENT THAT YOU HAVE THE AUTHORITY TO BIND SUCH ENTITY TO THESE
TERMS AND CONDITIONS, IN WHICH CASE THE TERMS "YOU" AND "YOUR" SHALL
REFER TO SUCH ENTITY. BY CLICKING "I ACCEPT" OR BY USING THE ORACLE
APPLICATION EXPRESS SERVICE, YOU ARE AGREEING TO ALL OF THE TERMS AND
CONDITIONS STATED HEREIN. IF YOU DO NOT AGREE TO THESE TERMS, DO NOT
CLICK "I ACCEPT," AND DO NOT USE THE ORACLE APPLICATION EXPRESS SERVICE

A. Agreement Definitions

"Oracle" refers to Oracle America, Inc. "You" and "your" refers to the individual or entity that has
ordered the Oracle Application Express Service by having clicked "I ACCEPT" during the order
process or otherwise having used the Oracle Application Express Service.

The terms "Oracle Application Express Service," and the "service," or "services" mean the service
offerings that Oracle makes available over the internet through your web browser and RESTful web
services, 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 service
environment. The Oracle Application Express Service may be used for non-production 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 service environment. You
agree not to include any production data in your content.

B. Service Period

This agreement is effective upon your acceptance of this agreement (the "effective date") and shall
terminate upon termination of your access to the service (the "Service Period").

C. Rights Granted

For the duration of the Service Period and for so long as Oracle provides you with access to the
services, 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, non-production use and
not for any 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.

D. 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:
• remove or modify any program or services markings or any notice of Oracle’s or its
licensors’ proprietary rights;
• make the services, including any Oracle programs or materials to which you are provided
access, available in any manner to any third party;
• modify, make derivative works of, disassemble, reverse compile, reverse engineer,
reproduce, distribute, republish or download any part of the services (the foregoing prohibitions
include but are not limited to review of data structures or similar materials produced by Oracle
programs), or access or use the services in order to build or support, and/or assist a third party in
building or supporting, products or services competitive to Oracle;
• disclose results of any benchmark tests or performance tests of the services or Oracle
programs without Oracle’s prior written consent;
• perform or disclose any of the following security testing of the Services Environment or
associated infrastructure: network discovery, port and service identification, vulnerability scanning,
password cracking, remote access testing, or penetration testing;
• include any production data in your content or use the services for any commercial purpose,
including without limitation, the use of the services to operate your business; and
• license, sell, rent, lease, transfer, assign, distribute, display, host, outsource, disclose, permit
timesharing or service bureau use, or otherwise commercially exploit or make the services, Oracle
programs or materials available, to any third party.

E. 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 LOAD INTO OR CREATE WITHIN THE ORACLE APPLICATION
EXPRESS SERVICE 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 LOAD INTO OR
CREATE WITHIN THE ORACLE APPLICATION EXPRESS SERVICE ENVIRONMENT.

ORACLE RESERVES THE RIGHT TO MAKE CHANGES OR UPDATES TO THE SERVICES

AND ORACLE PROGRAMS AT ANY TIME WITHOUT NOTICE.

F. 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 service site is restricted to authorized users only. You may not share your
password(s), account information, or access to the service 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 service 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 service.

G. Support Services

The Oracle Application Express Service provides an opportunity for current and potential Oracle
customers to experience the Oracle Database in the cloud. The service is provided as a convenience
and you agree that Oracle is not obligated to provide any technical support, phone support, or
updates for the services or for any Oracle program accessed or used within the service environment.
As a service user, you agree not to open Oracle Service Requests, use Oracle Support Channels, or
otherwise contact Oracle to request assistance with questions or problems experienced during the
use of the service.

H. End of Agreement and Services

You may terminate your access to the services at any time for any reason through the online portal
used to access the service. Oracle may terminate your access to the services at any time for any
reason without notice. You acknowledge and agree that Oracle has no obligation to retain your
content and applications. Upon termination of your access to the services your content and
applications will be irretrievably deleted.. At the end of the Service Period, all rights to access or
use the services, including any Oracle programs that are part of the services, shall end.

Provisions that survive termination or expiration of this agreement are those which by their nature
are intended to survive.

I. Fees and Taxes

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

J. 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.

K. 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.
L. 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).

M. 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.

N. Other

1. 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.

2. 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 service environment, including all rights and consents to such content, applications
and products necessary for Oracle to provide the services.

3. 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.

4. 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’s Cloud 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.

5. You may not assign this agreement or give or transfer the services or an interest in them to
another individual or entity.
6. 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.

7. 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.

8. 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.

O. 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.

P. Your Content

Oracle makes no assurances that any of your content or your applications loaded into the service
environment will be secured or that such data will remain confidential. You acknowledge that the
Oracle Application Express Service is limited in storage space and 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 ORACLE APPLICATION EXPRESS
SERVICE 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 ORACLE APPLICATION EXPRESS SERVICE 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 Oracle’s Cloud 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 Oracle Application Express Service 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 service site. At the end of the Service Period, Oracle will disable the service 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.

Q. 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.

R. 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.

S. Unsolicited Communication

You share the service 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 Cloud Services channel (email, instant messaging,
documents, etc). You agree that you will not send unsolicited communication to anyone outside of
the service environment with the exception of your users.

Last updated 01 February 2016

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