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ORACLE LICENSE AND SERVICES AGREEMENT
A.
Agreement Definitions
“You” and “your” refers to the individual or entity that has executed this agreement (“agreement”) and ordered Oracle programs and/or
services from Oracle USA, Inc. (“Oracle”) or an authorized distributor. The term “programs” refers to the software products owned or
distributed by Oracle which you have ordered, program documentation, and any program updates acquired through technical support. The
term “services” refers to technical support, education, outsourcing, consulting or other services which you have ordered.
B.
Applicability of Agreement
This agreement is valid for the order to which this agreement accompanies.
C.
Rights Granted
Upon Oracle’s acceptance of your order, you have the limited right to use the programs and receive any services you ordered solely for
your internal business operations and subject to the terms of this agreement, including the definitions and rules set forth in the order and
the program documentation. You may allow your agents and contractors to use the programs for this purpose and you are responsible for
their compliance with this agreement in such use. If accepted, Oracle will notify you and this notice will include a copy of your
agreement. Program documentation is either delivered with the programs, or you may access the documentation online at
http://oracle.com/contracts
.
Services are provided based on Oracle's policies for the applicable services ordered,
which are subject to
change, and the specific policies applicable to you, and how to access them, will be specified on your order. Upon payment for services,
you will have a perpetual, non-exclusive, non-assignable, royalty free license to use for your internal business operations anything developed by
Oracle and delivered to you under this agreement; however, certain deliverables may be subject to additional license terms provided in the
ordering document.
The services provided under this agreement may be related to your license to use programs which you acquire under a separate order. The
agreement referenced in that order shall govern your use of such programs. Any services acquired from Oracle are bid separately from such
program licenses, and you may acquire either services or such program licenses without acquiring the other.
D.
Ownership and Restrictions
Oracle retains all ownership and intellectual property rights to the programs and anything developed by Oracle and delivered to you under
this agreement resulting from the services. You may make a sufficient number of copies of each program for your licensed use and one
copy of each program media.
You may not:
•
remove or modify any program markings or any notice of Oracle’s proprietary rights;
•
make the programs 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);
•
cause or permit reverse engineering (unless required by law for interoperability), disassembly or decompilation of the programs; or
•
disclose results of any program benchmark tests without Oracle’s prior written consent.
E.
Warranties, Disclaimers and Exclusive Remedies
Oracle warrants that a program licensed to you will operate in all material respects as described in the applicable program documentation
for one year after delivery. You must notify Oracle of any program warranty deficiency within one year after delivery. Oracle also
warrants that services ordered will be provided in a professional manner consistent with industry standards. You must notify Oracle of
any services warranty deficiencies within 90 days from performance of the services described in the ordering document.
ORACLE DOES NOT GUARANTEE THAT THE PROGRAMS WILL PERFORM ERROR-FREE OR UNINTERRUPTED
OR THAT ORACLE WILL CORRECT ALL PROGRAM ERRORS. TO THE EXTENT PERMITTED BY LAW, THESE
WARRANTIES ARE EXCLUSIVE AND THERE ARE NO OTHER EXPRESS OR IMPLIED WARRANTIES OR
CONDITIONS, INCLUDING WARRANTIES OR CONDITIONS OF MERCHANTABILITY AND FITNESS FOR A
PARTICULAR PURPOSE.
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FOR ANY BREACH OF THE ABOVE WARRANTIES, YOUR EXCLUSIVE REMEDY, AND ORACLE’S ENTIRE
LIABILITY, SHALL BE: (A) THE CORRECTION OF PROGRAM ERRORS THAT CAUSE BREACH OF THE
WARRANTY, OR IF ORACLE CANNOT SUBSTANTIALLY CORRECT SUCH BREACH IN A COMMERCIALLY
REASONABLE MANNER, YOU MAY END YOUR PROGRAM LICENSE AND RECOVER THE FEES PAID TO ORACLE
FOR THE PROGRAM LICENSE AND ANY UNUSED, PREPAID TECHNICAL SUPPORT FEES YOU HAVE PAID FOR
THE PROGRAM LICENSE; OR (B) THE REPERFORMANCE OF THE DEFICIENT SERVICES, OR IF ORACLE CANNOT
SUBSTANTIALLY CORRECT A BREACH IN A COMMERCIALLY REASONABLE MANNER, YOU MAY END THE
RELEVANT SERVICES AND RECOVER THE FEES PAID TO ORACLE FOR THE DEFICIENT SERVICES.
F.
Trial Programs
You may order trial programs, or Oracle may include additional programs with your order which you may use for trial, non-production
purposes only. You may not use the trial programs to provide or attend third party training on the content and/or functionality of the
programs. You have 30 days from the delivery date to evaluate these programs. If you decide to use any of these programs after the 30
day trial period, you must obtain a license for such programs from Oracle or an authorized distributor. If you decide not to obtain a
license for any program after the 30 day trial period, you will cease using and will delete any such programs from your computer systems.
Programs licensed for trial purposes are provided “as is” and Oracle does not provide technical support or offer any warranties for these
programs.
G.
Indemnification
If someone makes a claim against either you or Oracle (“Recipient” which may refer to you or Oracle depending upon which party received the
Material), that any information, design, specification, instruction, software, data, or material (“Material”) furnished by either you or Oracle
(“Provider” which may refer to you or Oracle depending on which party provided the Material), and used by the Recipient infringes its
intellectual property rights, the Provider will indemnify the Recipient against the claim if the Recipient does the following:
•
notifies the Provider promptly in writing, not later than 30 days after the Recipient receives notice of the claim (or sooner if required by
applicable law);
•
gives the Provider sole control of the defense and any settlement negotiations; and
•
gives the Provider the information, authority, and assistance the Provider needs to defend against or settle the claim.
If the Provider believes or it is determined that any of the Material may have violated someone else’s intellectual property rights, the Provider
may choose to either modify the Material to be non-infringing (while substantially preserving its utility or functionality) or obtain a license to
allow for continued use, or if these alternatives are not commercially reasonable, the Provider may end the license for, and require return of, the
applicable Material and refund any fees the Recipient may have paid for it and any unused, prepaid technical support fees you have paid for the
license. If you are the Provider and such return materially affects Oracle’s ability to meet its obligations under the relevant order, then Oracle
may, at its option and upon 30 days prior written notice, terminate the order. The Provider will not indemnify the Recipient if the Recipient
alters the Material or uses it outside the scope of use identified in the Provider’s user documentation or if the Recipient uses a version of the
Materials which has been superseded, if the infringement claim could have been avoided by using an unaltered current version of the Material
which was provided to the Recipient. The Provider will not indemnify the Recipient to the extent that an infringement claim is based upon any
information, design, specification, instruction, software, data, or material not furnished by the Provider. Oracle will not indemnify you to the
extent that an infringement claim is based upon the combination of any Material with any products or services not provided by Oracle. This
section provides the parties’ exclusive remedy for any infringement claims or damages.
H.
Technical Support
For purposes of the ordering document, technical support consists of annual technical support services you may have ordered. If ordered,
annual technical support (including first year and all subsequent years) is provided under Oracle’s technical support policies in effect at
the time the services are provided. The technical support policies, incorporated in this agreement, are subject to change at Oracle’s
discretion; however, Oracle will not materially reduce the level of services provided for supported programs during the period for which
fees for technical support have been paid. You should review the policies prior to entering into the ordering document for the applicable
services. You may access the current version of the technical support policies at http://oracle.com/contracts.
Technical support is effective upon the effective date of the ordering document unless otherwise stated in your order. If your order was
placed through the Oracle Store, the effective date is the date your order was accepted by Oracle.
Technical support acquired with your order may be renewed annually and, if you renew technical support for the same number of licenses
for the same programs, for the first and second renewal years the fee for technical support will not increase by more than
4% over the
prior year’s fees. If your order is fulfilled by a member of Oracle’s partner program, the fee for technical support for the first renewal
year will be the price quoted to you by your partner; the fee for technical support for the second renewal year will not increase by more
than
4%
over the prior year's fees.
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If you decide to purchase technical support for any license within a license set, you are required to purchase technical support at the same
level for all licenses within that license set. You may desupport a subset of licenses in a license set only if you agree to terminate that
subset of licenses. The technical support fees for the remaining licenses will be priced in accordance with the technical support policies
in effect at the time of termination. Oracle’s license set definition is available in the current technical support policies. If you decide not
to purchase technical support, you may not update any unsupported program licenses with new versions of the program.
I.
End of Agreement
If either of us breaches a material term of this agreement and fails to correct the breach within 30 days of written specification of the
breach, the other party may terminate this agreement. If Oracle ends this agreement as specified in the preceding sentence or ends the
license for the program under the Indemnification section, you must pay within 30 days all amounts which have accrued prior to such
end, as well as all sums remaining unpaid for programs ordered and/or services received under this agreement plus related taxes and
expenses. Except for nonpayment of fees, we each agree to extend the 30 day period for so long as the breaching party continues
reasonable efforts to cure the breach. You agree that if you are in default under this agreement, you may not use those programs and/or
services ordered. You further agree that if you have used an Oracle Finance Division contract to pay for the fees due under an order and
you are in default under that contract, you may not use the programs and/or services ordered and Oracle may end this agreement.
Provisions that survive termination or expiration include those relating to limitation of liability, infringement indemnity, payment, and
others which by their nature are intended to survive.
J.
Fees and Taxes
All fees payable to Oracle are due within 30 days from the invoice date. You agree to pay any sales, value-added or other similar taxes
imposed by applicable law that Oracle must pay based on the programs and/or services you ordered, except for taxes based on Oracle’s
income. Also, you will reimburse Oracle for reasonable expenses related to providing the services. Fees for services listed in an ordering
document are exclusive of taxes and expenses. You agree that you have not relied on the future availability of any programs or updates
in entering into the payment obligations in your order.
K.
Nondisclosure
By virtue of this agreement, the parties may have access to information that is confidential to one another (“confidential information”).
We each agree to disclose only information that is required for the performance of obligations under this agreement. Confidential
information shall be limited to the terms and pricing under this agreement, and all information clearly identified as confidential.
A party’s confidential information shall not include information that: (a) is or becomes a part of the public domain through no act or
omission of the other party; (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; (c) is lawfully disclosed to the other party by a third party without restriction
on the disclosure; or (d) is independently developed by the other party.
We each agree to hold each other’s confidential information in confidence for a period of three years from the date of disclosure. Also,
we each agree to disclose confidential information only to those employees or agents who are required to protect it against unauthorized
disclosure. Nothing shall prevent either party from disclosing the terms or pricing under this agreement or orders submitted under this
agreement in any legal proceeding arising from or in connection with this agreement or disclosing the information to a federal or state
governmental entity as required by law.
L.
Entire Agreement
You agree that this agreement and the information which is incorporated into this agreement by written reference (including reference to
information contained in a URL or referenced policy), together with the applicable order, are the complete agreement for the programs
and/or services ordered by you, and that this agreement supersedes all prior or contemporaneous agreements or representations, written or
oral, regarding such programs and/or services. If any term of this agreement is found to be invalid or unenforceable, the remaining
provisions will remain effective. It is expressly agreed that the terms of this agreement and any Oracle ordering document shall
supersede the terms in any purchase order or other non-Oracle ordering document and no terms included in any such purchase order or
other non-Oracle ordering document shall apply to the programs and/or services ordered. This agreement and ordering documents 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. Any notice required under this agreement shall be provided to the other
party in writing.
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M.
Limitation of Liability
NEITHER PARTY SHALL BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR
CONSEQUENTIAL DAMAGES, OR ANY LOSS OF PROFITS, REVENUE, DATA, OR DATA USE. ORACLE’S MAXIMUM
LIABILITY FOR ANY DAMAGES ARISING OUT OF OR RELATED TO THIS AGREEMENT OR YOUR ORDER,
WHETHER IN CONTRACT OR TORT, OR OTHERWISE, SHALL BE LIMITED TO THE AMOUNT OF THE FEES YOU
PAID ORACLE UNDER THIS AGREEMENT, AND IF SUCH DAMAGES RESULT FROM YOUR USE OF PROGRAMS OR
SERVICES, SUCH LIABILITY SHALL BE LIMITED TO THE FEES YOU PAID ORACLE FOR THE DEFICIENT
PROGRAM OR SERVICES GIVING RISE TO THE LIABILITY.
N.
Export
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 and/or materials resulting from services (or direct product 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.
O.
Other
This agreement is governed by the substantive and procedural laws of California
and you and Oracle agree to submit to the exclusive
jurisdiction of, and venue in, the courts in San Francisco, San Mateo, or Santa Clara counties in California in any dispute arising out of or
relating to this agreement.
If you have a dispute with Oracle or if you wish to provide a notice under the Indemnification section of this agreement, or if you become
subject to insolvency or other similar legal proceedings, you will promptly send written notice to: Oracle USA, Inc., 500 Oracle
Parkway, Redwood City, California, United States, 94065, Attention: General Counsel, Legal Department
.
You may not assign this agreement or give or transfer the programs and/or any services or an interest in them to another individual or
entity. If you grant a security interest in the programs and/or any services deliverables, the secured party has no right to use or transfer
the programs and/or any services deliverables, and if you decide to finance your acquisition of the programs and/or any services, you will
follow Oracle’s policies regarding financing which are at http://oracle.com/contracts.
Except for actions for nonpayment or 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.
Upon 45 days written notice, Oracle may audit your use of the programs. You agree to cooperate with Oracle’s audit and provide
reasonable assistance and access to information. You agree to pay within 30 days of written notification any fees applicable to your use
of the programs in excess of your license rights. If you do not pay, Oracle can end your technical support, licenses and/or this agreement.
You agree that Oracle shall not be responsible for any of your costs incurred in cooperating with the audit.
The Uniform Computer Information Transactions Act does not apply to this agreement.
P.
Force Majeure
Neither of us shall be responsible for failure or delay of performance if caused by: an act of war, hostility, or sabotage; act of God;
electrical, internet, or telecommunication outage that is not caused by the obligated party; government restrictions (including the denial or
cancellation of any export or other license); other event outside the reasonable control of the obligated party. We both will use
reasonable efforts to mitigate the effect of a force majeure event. If such event continues for more than 90 days, either of us may cancel
unperformed services upon written notice. This section does not excuse either party’s obligation to take reasonable steps to follow its
normal disaster recovery procedures or your obligation to pay for services provided.
Q.
License Definitions and Rules
To fully understand your license grant, you need to review the definition for the licensing metric and term designation as well as the
licensing rules which are listed below.
Adapter:
is defined as each software code interface, installed on each Oracle Internet Application Server Enterprise Edition, which
facilitates communication of information between each version of a third party software application or system and Oracle programs.
Beacon
: is defined as each target that is deployed and managed by the program that measures the response time of remote software or
hardware interfaces by communicating with those interfaces over protocols, api's or programmatic interactions and measuring the total
time elapsed between the initiation of communication and completion of the associated response from the remote interface.
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Collaboration Program User:
is defined as an individual authorized by you to use the programs which are installed on a single server
or on multiple servers regardless of whether the individual is actively using the programs at any given time. For the purposes of counting
and licensing the number of Real Time Collaboration users, a Collaboration Program User within your company is defined as a user able
to initiate, or host, a web conference and also participate in a web conference; all participants in the web conference external to your
company and attending a web conference are not required to be licensed.
Computer:
is defined as the computer on which the programs are installed. A
Computer license allows you to use the licensed program
on a single specified computer.
Connector:
is defined as each connector connecting the software product with an external product. A unique connector is required for
each distinct product that the software product is required to interface.
Federated Link:
is defined as a one-to-one pairing between a source domain and a destination domain. A source domain is the point of
origin for a request. A destination domain contains the resource that users from source domains want to access. One source domain
might have many pairings with different destination domains and one destination domain might have many pairings with different source
domains. Each and every pairing is a federated link.
Hosted Named User:
is defined as an individual authorized by you to access the hosted service, regardless of whether the individual is
actively accessing the hosted service at any given time.
Implementation Services, Packaged Methods, Architecture Services, Accelerator Services, Assessment Services and Workshops
Each Implementation Service, Packaged Method, Architecture Service, Accelerator Service, Assessment Service and Workshop is
provided subject to the statement of obligation for that particular offering and Oracle’s consulting services policies. Oracle’s consulting
services policies may be accessed at http://oracle.com/contracts, and are subject to change.
Learning Credits:
may be used to acquire education products and services offered in the Oracle University online catalogue posted at
http://www.oracle.com/education
under the terms specified therein. Learning credits may only be used to acquire products and services
at the list price in effect at the time you order the relevant product or service, and may not be used for any product or service that is
subject to a discount or a promotion when you order the relevant product or service. The list price will be reduced by applying the
discount specified in your order. Notwithstanding anything to the contrary in the previous three sentences, learning credits may also be
used to pay taxes, materials and/or expenses related to your order; however, the discount specified above will not be applied to such
taxes, materials and/or expenses. Learning credits are valid for a period of 12 months from the date your order is accepted by Oracle, and
you must acquire products and must use any acquired services prior to the end of such period. You may only use learning credits in the
country in which you acquired them, may not use them as a payment method for additional learning credits, and may not use different
learning credits accounts to acquire a single product or service or to pay related taxes, materials and/or expenses. Learning credits are
non-transferable and non-assignable. You may be required to execute standard Oracle ordering materials when using learning credits to
order products or services.
Named User Plus:
is defined as an individual authorized by you to use the programs which are installed on a single server or multiple
servers, regardless of whether the individual is actively using the programs at any given time. A non human operated device will be
counted as a named user plus in addition to all individuals authorized to use the programs, if such devices can access the programs. If
multiplexing hardware or software (e.g., a TP monitor or a web server product) is used, this number must be measured at the multiplexing
front end. Automated batching of data from computer to computer is permitted. You are responsible for ensuring that the named user
plus per processor minimums are maintained for the programs contained in the user minimum table in the licensing rules section; the
minimums table provides for the minimum number of named users plus required and all actual users must be licensed.
Network Device:
is defined as the hardware and/or software whose primary purpose is to route and control communications between
computers or computer networks. Examples of network devices include but are not limited to, routers, firewalls and network load
balancers.
Oracle Finance Division Contract:
is a contract between you and Oracle (or one of Oracle’s affiliates) that provides for payments over
time of some or all of the sums due under your order.
Oracle University Knowledge Center Service:
is defined as a web based learning environment hosted by Oracle that provides on
demand access to either an individual Oracle University training course (“Online Course”) or to all of the Oracle University training
courses available on the Knowledge Center website (“Passport”). The Oracle University Knowledge Center service is available at
http://www.oracle.com/education/oukc/
, and is made available to you subject to the terms of this agreement and Oracle University's
Online Hosting Access Policies, which are located at
http://www.oracle.com/education/oukc/hosting_policies.html
and may be updated
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by Oracle from time to time without notice to you. Online Courses are made available on a named user basis, and the Passport is made
available on a membership basis. In the event that any Oracle programs are made available for download as part of the service, then use
of such programs is subject to the terms of this agreement. If you acquire the Oracle University Knowledge Center service, the term shall
be one year from the effective date of your order.
NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THE
AGREEMENT, ORACLE DOES NOT WARRANT THAT THE ORACLE UNIVERSITY KNOWLEDGE CENTER SERVICE
WILL BE PROVIDED UNINTERRUPTED OR ERROR-FREE.
Processor
: shall be defined as all processors where the Oracle programs are installed and/or running. Programs licensed on processor
basis may be accessed by your internal users (including agents and contractors) and by your third party users. For the purposes of
counting the number of processors which require licensing for a Sun UltraSPARC T1 processor with 4, 6 or 8 cores at 1.0 gigahertz or 8
cores at 1.2 gigahertz for only those servers specified on the Sun Server Table which can be accessed at
http://oracle.com/contracts,
“n”
cores shall be determined by multiplying the total number of cores by a core processor licensing factor of .25. For the purposes of
counting the number of processors which require licensing for AMD and Intel multicore chips, “n” cores shall be determined by
multiplying the total number of cores by a core processor licensing factor of .50. For the purposes of counting the number of processors
which require licensing for all hardware platforms not otherwise specified in this section, a multicore chip with "n" cores shall be
determined by multiplying "n" cores by a core processor licensing factor of .75. All cores on all multicore chips for each licensed
program for each core processor licensing factor listed above are to be aggregated before multiplying by the appropriate core processor
licensing factor and all fractions of a number are to be rounded up to the next whole number. Notwithstanding the above, when licensing
Oracle Standard Edition One or Standard Edition programs on servers with a maximum of 1 processor with 1 or 2 cores, only 1 processor
shall be counted.
For example, a Sun UltraSPARC T1 based server installed and/or running the program on 6 cores would require 2 processor licenses (6
multiplied by a core processor licensing factor of .25 equals 1.50 which is then rounded up to the next whole number which is 2). An
Intel or AMD based server installed and/or running the program on 7 cores would require 4 processor licenses (7 multiplied by a core
processor licensing factor of .50 equals 3.50 which is then rounded up to the next whole number which is 4). Two multicore servers, for
hardware platforms not specified above, installed and/or running the program on 10 cores would require 8 processor licenses (10
multiplied by a core processor licensing factor of .75 equals 7.50 which is then rounded up to the next whole number which is 8).
For the Healthcare Transaction Base program, only the processors on which Internet Application Server Enterprise Edition and this
program are installed and/or running are counted for the purpose of determining the number of licenses required. For the iSupport, iStore
and Configurator programs, only the processors on which Internet Application Server (Standard Edition and/or Enterprise Edition) and
the licensed program are running are counted for the purpose of determining the number of licenses required for the licensed program;
under these licenses you may also install and/or run the licensed program on the processors where a licensed Oracle Database (Standard
Edition and/or Enterprise Edition) is installed and/or running. With respect to the Customer Data Hub program, in determining the
number of licenses required, only processors on which both Oracle Database Enterprise Edition and the Customer Data Hub program are
running in production shall be counted.
Program Documentation:
is defined as the program user manual and program installation manuals.
Tape Drive:
is defined as mechanical devices used to sequentially write, read and restore data from magnetic tape media. Typically
used, but not limited to, data protection and archival purposes, tape drives are deployed either as a standalone unit(s) or housed within a
robotic tape library. Examples of tape drive include but are not limited to, Linear Tape Open (LTO), Digital Linear Tape (DLT),
Advanced Intelligent Type (AIT), Quarter-Inch Cartridge (QIC), Digital Audio Tape (DAT), and 8mm Helical Scan.
Technical Reference Manuals
Technical Reference Manuals (“TRMs”) are Oracle’s confidential information. You shall use the TRMs solely for your internal data
processing operations for purposes of: (a) implementing applications programs, (b) interfacing other software and hardware systems to
the applications programs and (c) building extensions to applications programs. You shall not disclose, use or permit the disclosure or
use by others of the TRMs for any other purpose. You shall not use the TRMs to create software that performs the same or similar
functions as any of Oracle products. You agree: (a) to exercise either at least the same degree of care to safeguard the confidentiality of
the TRMs as you exercise to safeguard the confidentiality of your own most important confidential information or a reasonable degree of
care, whichever is greater; (b) to maintain agreements with your employees and agents that protect the confidentiality and proprietary
rights of the confidential information of third parties such as Oracle and instruct your employees and agents of these requirements for the
TRMs; (c) restrict disclosure of the TRMs to those of your employees and agents who have a "need to know" consistent with the
purposes for which such TRMs were disclosed; (d) maintain the TRMs at all times on your premises; and (e) not to remove or destroy
any proprietary or confidential legends or markings placed upon the TRMs. Oracle shall retain all title, copyright and other proprietary
rights in the TRMs. TRMs are provided to you "as-is" without any warranty of any kind. Upon termination, you shall cease using, and
shall return or destroy, all copies of the applicable TRMs.
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Terabyte
: is defined as a terabyte of computer storage space used by a storage filer equal to one trillion bytes.
Test
: is defined as each unit of interaction with a software or hardware interface for which the total time elapsed between the initiation of
communication and the completion of the resulting response is measured. A test may run on it's own or be set up in conjunction with
additional tests so that there are multiple units of interaction. Each unit of interaction must be counted as a Test; execution of a test or set
of tests multiple times does not require additional tests. Examples of tests include but are not limited to, an http-get for a URL, icmp-
echo for an IP address and sql-execute for a database.
Warehouse Builder Connector:
is defined as a software product that connects an Oracle database where the Oracle Warehouse Builder
code is deployed, to an external product (e.g., SAP). A unique connector is required for each distinct external product for which the
Oracle database is required to interface.
Term Designation
If your program license does not specify a term,
the program license is perpetual and shall continue unless terminated as otherwise
provided in the agreement.
1, 2, 3, 4, 5 Year Terms:
A program license specifying a 1, 2, 3, 4 or 5 Year Term shall commence on the effective date of the order and
shall continue for the specified period. At the end of the specified period the program license shall terminate.
1 Year Hosting Term:
A program license specifying a 1 Year Hosting Term shall commence on the effective date of the order and shall
continue for a period of 1 year. At the end of the 1 year the program license shall terminate. A program license specifying a 1 Year
Hosting Term may only be used for providing internet hosting services.
1 Year Oracle Hosted Term:
A program license specifying a 1 Year Oracle Hosted Term shall commence on the effective date of the
order and shall continue for a period of 1 year. At the end of the 1 year the program license shall terminate. A program license
specifying a 1 Year Oracle Hosted Term must be hosted by Oracle.com via Computer and Administration services.
1 Year Subscription:
A program license specifying a 1 Year Subscription shall commence on the effective date of the order and shall
continue for a period of 1 year. At the end of the 1 year the program license shall terminate.
Licensing Rules
Failover:
Your license for the following programs, Oracle Database (Enterprise Edition, Standard Edition or Standard Edition One),
Oracle Database Enterprise Edition Options, Oracle Internet Application Server (Enterprise Edition, Standard Edition, Standard Edition
One or Java Edition) and Oracle Internet Application Server Options, includes the right to run the licensed program(s) on an unlicensed
spare computer in a failover environment for up to a total of ten separate days in any given calendar year. Any use beyond the right
granted in the previous sentence must be licensed separately and the same license metric must be used when licensing the program(s).
Testing:
For the purpose of testing physical copies of backups, your license for the Oracle Database (Enterprise Edition, Standard
Edition or Standard Edition One) includes the right to run the database on an unlicensed computer for up to four times, not exceeding 2
days per testing, in any given calendar year.
You are responsible for ensuring that the following restrictions are not violated:
•
Oracle Database Standard Edition may only be used on servers that have the ability to run a maximum of 4 single-core processors.
For multicore chips, the maximum number of cores per server is determined by multiplying the core processor licensing factors (as
specified in the processor definition) by the number of cores. The result must be less than or equal to 4 and the total number of
cores must be less than or equal to 8. Oracle Database Standard Edition may also be used on a single cluster of servers supporting up
to a maximum of four single-core processors per cluster (2 2-way nodes, 4 1-way nodes, or 1 1-way node and 1 3-way node). For
multicore chips, the maximum number of cores per cluster is determined by multiplying the core processor licensing factors (as
specified in the processor definition) by the number of cores. The result must be less than or equal to 4 and the total number of
cores in the cluster must be less than or equal to 8.
•
Oracle Standard Edition One and Internet Application Server Standard Edition One may only be used on servers that have the ability
to run a maximum of 2 single-core processors. For multicore chips, the maximum number of cores per server is determined by
multiplying the core processor licensing factors (as contained in the processor definition) by the number of cores. The result must
be less than or equal to 2 and the total number of cores must be less than or equal to 4.
•
The number of TRACE licenses (Rdb Server Option) must match the number of licenses of the associated database.
•
The number of Diagnostics Pack and /or Configuration Management Pack licenses must match the number of licenses of the
associated Internet Application Server program (Enterprise Edition, Standard Edition, Standard Edition One or Java Edition).
•
The number of Service Registry licenses must match the number of licenses of the associated Internet Application Server program
(Java Edition, Standard Edition One or Standard Edition).
OLSA_tech only_V062606_us.doc
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•
The number of Bpel Process Manager Option, Business Activity Monitoring, XML Publisher, Service Registry and SOA Suite for
Oracle Middleware licenses must match the number of licenses of the associated Internet Application Server Enterprise Edition
program.
•
The number of Interactive Dashboard, Delivers, Answers, Office Plug-in and Reporting and Publishing licenses must match the
number of licenses of the associated Business Intelligence Server Enterprise Edition program.
•
For the TimesTen In-Memory Database, Replication - TimesTen to TimesTen and Cache Connect to Oracle programs, the number of
gigabytes (GB) specified in the program name is the maximum size of data store (aggregate of in-memory databases or caches on a
single computer system or node in a cluster of servers) irrespective of the number of processors licensed. You may not exceed the
specified GB data store limitation unless you acquire additional licenses from Oracle.
If you purchase Named User Plus licenses for the programs listed below, you must maintain the following user minimums and
user maximums:
Program
Named User Plus Minimum
Oracle Database Enterprise Edition
25 Named Users Plus per Processor
Rdb Enterprise Edition
25 Named Users Plus per Processor
CODASYL DBMS
25 Named Users Plus per Processor
TopLink and Application Development Framework
10 Named Users Plus per Processor
Internet Application Server Java Edition
10 Named Users Plus per Processor*
Internet Application Server Standard Edition
10 Named Users Plus per Processor*
Internet Application Server Enterprise Edition
10 Named Users Plus per Processor*
BPEL Process Manager
10 Named Users Plus per Processor
Portal
10 Named Users Plus per Processor
Integration
10 Named Users Plus per Processor
Business Intelligence
10 Named Users Plus per Processor
Forms and Reports
10 Named Users Plus per Processor
Web Services Manager
10 Named Users Plus per Processor
XML Publisher
10 Named Users Plus per Processor
Virtual Directory
10 Named Users Plus per Processor
SOA Suite for Non Oracle Middleware
10 Named Users Plus per Processor
Business Activity Monitoring for Non Oracle
Middleware
10 Named Users Plus per Processor
Fusion Middleware for PeopleSoft
10 Named Users Plus per Processor
Fusion Middleware for SAP
10 Named Users Plus per Processor
Business Intelligence Standard Edition
10 Named Users Plus per Processor
*The Named User Plus Minimum does not apply if the program is installed on a one processor machine that allows for a
maximum of one user per program.
Program
Named User Plus Maximum
Personal Edition
1 Named User Plus per database
The number of licenses for the programs listed below must match the number of licenses of the associated database and if you
purchase Named User Plus licenses for these programs, you must maintain, at a minimum, 25 Named Users Plus per Processor
per associated database:
Real Application Clusters, Partitioning, OLAP, Data Mining, Spatial, Advanced Security, Label Security, Database Vault,
Warehouse Builder Enterprise ETL, Warehouse Builder Data Quality, Diagnostics Pack, Tuning Pack, Change Management
Pack, Configuration Management Pack
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The effective date of this agreement shall be _______________________________________, 2006. (to be completed by Oracle)
Company Name: __________________________________
ORACLE USA, INC.
Authorized
Authorized
Signature:
Signature:
Name: ___________________________________________
Name: ___________________________________________
Title:
Title:
Signature Date: ____________________________________
Signature Date: ___________________________________
