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HomeMy WebLinkAboutContract 43251 (2)ORACLE' Your Name Your Location ORDERING DOCUMENT CITY OF FORT WORTH TEXAS Fort Worth Police Dept. 350 West Belknap,Room 205A Fort Worth TX 76102 Programs and Program Support Services Product Description / License Type Your Contact Phone Number Email Address Oracle GoldenGate - Processor Perpetual Software Update License & Support Program and Program Support Fees Fee Description 1 Oracle Programs License Fees 9 Oracle Programs Support Fees Total Fees A. Agreement and Modifications to the Agreement 1. Agreement Quantity 4 err SECRETARY CONTRACT NO art -mmt -15 'fit arr Oracle America, Inc. 500 Oracle Parkway Redwood Shores, CA 94065 � _...n_, Cal Lewis 817392-4251 Cal.Lewis@fortworthgov.org List Fee 70,000.00 15,400.00 85,400.00 Discount % 44.95 44.95 1 1 1 1 Net Fee 38,535.00 8,477.70 47,012.70 Net Fee 38,535.00 8,477.70 47,012.70 This ordering document incorporates by reference the terms of the agreement specified below. Oracle America, Inc. has assumed all rights and obligations of Oracle Corporation under the agreement. All references to "Oracle" in the agreement specified below and this ordering document shall mean Oracle America, Inc. (hereinafter "Oracle"). The following defined and capitalized terms in the referenced agreement between you and Oracle shall hn,havethe same meaning as the stated terms in this ordering document: nAgreementtrand itagreementn; and youn/'tyourn, uProgramn vrrp ogram ; Technical Support and technical support ; Program Documentation, / Documentation::cust01er"t'c1ient'"program program documentation"; and ''Ordering Document"/"Order Form" and "ordering document". Agreement: Software License and Services Agreement Agreement Name: STATE-28905-21-APR-03 B. Terms Specific to Program(s) 1. Delivery and Installation OFFICIAL RECORD CITY SECRETARY Ft WORTH R TX a. You are responsible for installation of the programs unless the programs have been pre -installed by Oracle on the hardware you are purchasing under the order or you purchase installation services from Oracle with respect to such programs. b Oracle has made available to you for electronic download at the electronic delivery web site located at the following Internet URL: http://edelivery.oracle.com the programs listed in the Programs and Program Support Services section of this order. Through the Internet URL, you can access and electronically download to your location the current production release as of the effective date below of the software and related program documentation for each program listed. Provided that you have continuously maintained technical support for the programs listed, you may continue to download the software and related program documentation. Please be advised that not all programs are available on all hardware/operating system combinations. For current program availability please check the electronic delivery web site specified above. You acknowledge that Oracle is under no further delivery obligation with respect to programs under this order, electronic download or otherwise. C. General Terms 05-23-12 P02:44 IN 4'123131 - 3. Self, Caryl Page 1 of 10 1. Commencement Date a. For all program licenses, the commencement date is the date of shipment of tangible media or upon the effective date of this order if shipment of tangible media is not required. The. period of performance for all services for the programs is effective upon shipment of tangible media or upon the effective date of this order if shipment of tangible media is not required. 2. Territory a. The program licenses included on this order are for use in the U.S. 3. Summary of Fees a. You have ordered programs, hardware and/or 12 months of technical support services. Listed above is a summary of net fees due under this order. These fees are in US Dollars and are exclusive of any applicable shipping charges or applicable taxes. 4. Pricing Invoicing and Payment Obligation a. In entering into payment obligations under this order, you agree and acknowledge that you have not relied on the future availability of any hardware program or updates. However, (a) if you order technical support, the preceding sentence does not relieve Oracle of its obligation to provide such technical support under the agreement, if and when available, in accordance with Oracle's then current technical support policies, and (b) the preceding sentence does not change the rights granted to you under this order and the agreement. b. Service fees are invoiced after the performance of the service; specifically, technical support fees are invoiced quarterly in arrears. c. In addition to the prices listed on the order, Oracle will invoice you for any applicable freight charges or applicable taxes, and you will be responsible for such charges and taxes notwithstanding any express or implied provision in the "Incoterms" referenced in the Order and Delivery Policies. The Order and Delivery Policies may be accessed at http://oracle.com/contracts d. Once placed, your order shall be non -cancelable and the sums paid nonrefundable, except as provided in the agreement. You may change a hardware order prior to shipment subject to the then current change order fee as established by Oracle from time to time. The applicable change order fees and a description of allowed changes are defined in the Order and Delivery Policies, which may be accessed at http.//oracle. com/contracts. e. Program fees are invoiced as of the commencement date for the programs. 5. Segmentation The purchase of (a) hardware and/or related hardware support, (b) programs and/or related technical support, or (c) other services are all separate offers and separate from any other order for (i) hardware and/or related hardware support, (ir) programs and/or related technical support, or (ur) other services you may receive or have received from Oracle. You understand that you may purchase (x) hardware and/or related hardware support, (y) programs and/or related technical support, or (z) other services independently of any other product or service. Your obligation to pay for (i) hardware and/or related hardware support is not contingent on performance of any other service or delivery of programs, (ii) programs and/or related technical support is not contingent on delivery of hardware or performance of any other service, or (in) other services is not contingent on delivery of hardware, delivery of programs or performance of any additionalother service. 6. Source Code Oracle may deliver source code as part of its standard delivery for particular programs, operating system or integrated software; all source code delivered by Oracle is subject to the terms of the agreement, the applicable order and the applicable program documentation. 7. Order of Precedence In the event of inconsistencies between the terms contained in an order and the agreement, the order shall take precedence. The order will control over the terms contained in any purchase order. 8. Offer Validity By signing below, the parties agree that the agreement and this order constitute the entire agreement between the parties with regard to the subject matter herein and as such, no other preprinted, non -negotiated or other terms and conditions, on the customers purchase order or elsewhere shall apply. The offer is valid through 24-MAY-2012 and shall become binding upon execution by you and acceptance by Oracle. 9. Oracle's License Definitions and Rules A copy of Oracle's Definitions and Licensing Rules is attached hereto and incorporated by reference. 10. Customer Reference 4123131 - 3. Self, Caryl ?age 2 of 10 Oracle may orally refer to you as a customer in sales presentations and activities. Upon written consent from you, Oracle may refer to you as a customer in written sales presentations and marketing vehicles. D. Future Purchases 1. Additional Copies of Programs Provided that you have continuously maintained technical support for the programs listed in the table(s) located above section A, you may order media packs at the standard media fee in effect at the time your order is placed provided the programs listed in the table(s) located above section A for use on the computer/operating system combination requested by you are available in a production release. CITY OF FORT WORTH TEXAS Signature Name Title Signature Date Effective Date ., • , "- Len t.44.. Signature Name vociptie Signature Date ( to be completed by Oracle ) APPROVED AS rOFORM AND LEGALITY: �s FpFKayser, CI� C1aLrtt Y-hua�gii+//e/L, kit tkr M 00 PA O° seas t F/00 d g0 1� Q 0 roditi,4* - 000000agr e4titictet..-07 1 OFFICIAL RECORD CITY SECRETARY WORTH TX 4123131 - 3 Self, Caryl l NO WieKC REQUIERED Page 3 of 10 Definitions and Licensing Rules: To fully understand Customer's license grant, Customer needs to review the definition for the licensing metric and term designation as well as the licensing rules which are listed below. Applications National Language Support (NLS) Supplement Media Packs: Please be advised that only a subset of the products included on an Applications NLS Supplement Media Pack have been translated. For existing supported customers, My Oracle Support has information on which products have been translated for the supported languages (https //support.oracle.com). For new or unsupported customers, please contact your Oracle Account Manager for this information. Oracle Financing 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. Program Documentation: is defined as the Program user manual and Program installation 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. Technical Support: For purposes of the ordering document, technical support consists of annual technical support services you may have ordered for the programs. 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 Software Update License & Support (or any successor technical support offering to Software Update License & Support, "SULS") acquired with your order may be renewed annually and, if you renew SULS for the same number of licenses for the same programs, for the first and second renewal years the fee for SULS, 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 SULS for the first renewal year will be the price quoted to you by your partner the fee for SULS for the second renewal year will not increase by more than4% over the prior year's fees. 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 Trial Programs: are defined as additional Programs that may be included with Customer's order which Customer has not ordered but which Customer may use for trial purposes only. Customer shall have 30 days from the delivery date to evaluate these Programs. Any use of these Programs after the 30 day trial period shall require Customer to obtain the applicable license. Programs licensed for trial purposes are provided "as is" and Oracle does not provide Technical Support or any warranties of any kind for these Programs. 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 Oracie.com via Computer and Administration services. 4123131 - 3. Self, Caryl Page 4 of 10 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. Order Specific License Definitions and Rules 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 Times Ten In -Memory Database 25 Named Users Plus per Processor Cloud File System 25 Named Users Plus per Processor Rdb Enterprise Edition 25 Named Users Plus per Processor CODASYL DBMS 25 Named Users Plus per Processor Data Integrator Enterprise Edition 25 Named Users Plus per Processor GoldenGate 25 Named Users Plus per Processor GoldenGate for Non Oracle Database 25 Named Users Plus per Processor GoldenGate Veridata 25 Named Users Plus per Processor GoldenGate for Teradata Replication Services 25 Named Users Plus per Processor Java SE Advanced 10 Named Users Plus per Processor Java SE Suite 10 Named Users Plus per Processor WebLogic Server Standard Edition 10 Named Users Plus per Processor WebLogic Server Enterprise Edition 10 Named Users Plus per Processor WebLogic Suite 10 Named Users Plus per Processor Web Tier 10 Named Users Plus per Processor Coherence Standard Edition 10 Named Users Plus per Processor Coherence Enterprise Edition 10 Named Users Plus per Processor Coherence Grid Edition 10 Named Users Plus per Processor TopLink and Application Development Framework 10 Named Users Plus per Processor GlassFish Server 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 Enterprise Gateway 10 Named Users Plus per Processor BPEL Process Manager 10 Named Users Plus per Processor WebLogic Integration 10 Named Users Plus per Processor Service Registry 10 Named Users Plus per Processor Enterprise Repository 10 Named Users Plus per Processor Forms and Reports 10 Named Users Plus per Processor Tuxedo 10 Named Users Plus per Processor SOA Suite for Non Oracle Middleware 10 Named Users Plus per Processor Unified Business Process Management Suite for Non Oracle 10 Named Users Plus per Processor Middleware Event -Driven Architecture Suite 10 Named Users Plus per Processor Business Intelligence Standard Edition 10 Named Users Plus per Processor B2B for RosettaNet 10 Named Users Plus per Processor B2B for EDI 10 Named Users Plus per Processor Healthcare Adapter 10 Named Users Plus per Processor 4123131 - 3. Self, Caryl Page 5 of 10 B2B for ebXML WebCenter Suite WebCenter Services U niversal Content Management Standard Edition U niversal Content Management Imaging and Process Management Content Conversion Server Distributed Document Capture Directory Services Plus WebCenter Real -Time Collaboration WebCenter Intelligent Collaboration On Track Communication Standard Edition On Track Communication Enterprise Edition Enterprise Gateway for Access Management Beehive Enterprise Messaging Server Beehive Enterprise Collaboration Server 10 Named Users Plus 10 Named Users Plus 10 Named Users Plus 10 Named Users Plus 10 Named Users Plus 10 Named Users Plus 10 Named Users Plus 10 Named Users Plus 10 Named Users Plus 10 Named Users Plus 10 Named Users Plus 10 Named Users Plus 10 Named Users Plus 10 Named Users Plus 10 Named Users Plus 10 Named Users Plus per Processor per Processor per Processor per Processor per Processor per Processor per Processor per Processor per Processor per Processor per Processor per Processor per Processor per Processor per Processor per Processor *TheNamed User Plus Minimum does not apply if the program is installed on aone processor machine that allows for a maximum of one user perprogram. P rogram Personal Edition Business Intelligence Standard Edition One Named User Plus Maximum 1 Named User Plus per database 50 Named Users Plus If licensing by Named User Plus the number of licenses for the programs listed below in column A must match the number of licenses of the associated program listed in column B. In the case where the minimum number of Named User Plus licenses are/were purchased, the number of licenses may not match due to variance in core factors between the time the respective programs were licensed. If licensing by Processor, the number of licenses for the programs listed below in column A must match the number of licenses of the associated program listed in column B. In the case where the programs are licensed at different times, the number of licenses may not match due to variance in core factors between the time the respective programs were licensed; in that case the number of cores used to determine the number of licensed processors for the programs listed below in column A must match the number of cores used to determine the number of licensed processors of the associated program listed in Column B. Associated programs are those programs being used in conjunction with the program in Column A. Column A Column B Database Enterprise Edition Options* -Real Application Clusters, Real Application Clusters One Node,Partitioning, OLAP, Data Mining, S patial, Advanced Security, LabelSecurity Database Vault, Active Data Guard, Real Application Testing,Advanced Compression, Total Recall, Retail Data Model CommunicationsData Model Database Enterprise Management"- Diagnostics Pack, Tuning Pack, Database Lifecycle Management Pack, Cloud Management Pack for Oracle Database RDB Server Options"- TRACE WebLogic Suite Options**- BPEL Process Manager Option, Service Bus, SOA Suite for Oracle Middleware, Business Process Management Suite Application Server Enterprise Management**-WebLogic Server Management Pack Enterprise Edition, SOA Management PackEnterprise Edition, Cloud Management Pack for Oracle Fusion Middleware Management Pack for Oracle Coherence** Management Pack for Oracle GoldenGate* Business Intelligence Server Enterprise Edition Options - Interactive Dashboard Delivers, Answers, Office Plug-in and Reporting and Publishing Oracle Database Enterprise Edition, Audit Vault Server Rdb Enterprise Edition, CODASYL DBMS WebLogic Suite Associated application server program being managed by the program in Column A. Coherence Enterprise Edition, Coherence Grid Edition GoldenGate, GoldenGate for Non Oracle Database, GoldenGate for Mainframe Business Intelligence Server Enterprise Edition 4123131 - 3. Self, Caryl Page 6 or 10 Business Intelligence Suite Enterprise Edition Plus Option - Business Intelligence Management Pack Beehive Platform Options- Beehive Messaging, Beehive Team Collaboration, Beehive Synchronous Collaboration, Beehive Voicemail Hyperion Financial Data Quality Management Options -Hyperion Financial Data Quality Management Adapter for FinancialManagement, Hyperion Financial Data Quality Management Adapter Suite,Hyperion Financial Data Quality Management Adapter for SAP Business Intelligence Suite Enterprise Edition Plus Beehive Platform Hyperion Financial Data Quality Management Hyperion Financial Data Quality Management for Hyperion Hyperion Financial Data Quality Management for Hyperion Enterprise Enterprise Option- Hyperion Financial Data Quality Management Adapter Suite Hyperion Data Integration Management Options- Hyperion Data Hyperion Data Integration Management Integration Management Source Adapter, Hyperion Data Integration Management Team Based Development *If licensing by Named User Plus you must maintain, at a minimum, 25 Named Users Plus per Processor per associated program. ** If licensing by Named User Plus you must maintain, at a minimum, 10 Named Users Plus per Processor per associated program. Processor shall be defined as all processors where the Oracle programs are installed and/or running. Programs licensed on a processor basis may be accessed by your internal users (including agents and contractors) and by your third party users The number of required licenses shall be determined by multiplying the total number of cores of the processor by a core processor licensing factor specified on the Oracle Processor Core Factor Table which can be accessed at http://oracle.com/contracts. All cores on all multicore chips for each licensed program 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. When licensing Oracle programs with Standard Edition One or Standard Edition in the product name (with the exception of Java SE Support Java SE Advanced, and Java SE Suite), a processor is counted equivalent to an occupied socket; however, in the case of multi -chip modules, each chip in the multi -chip module is counted as one occupied socket. For example, a multicore chip based server with an Oracle Processor Core Factor of 0.25 installed and/or running the program (other than Standard Edition One programs or Standard Edition programs) 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). As another example, a multicore server for a hardware platform not specified in the Oracle Processor Core Factor Table installed and/or running the program on 10 cores would require 10 processor licenses (10 multiplied by a core processor licensing factor of 1 0 for 'All other multicore chips' equals 10) For the purposes of the following program: Healthcare Transaction Base only the processors on which Internet Application Server Enterprise Edition and Healthcare Transaction Base programs are installed and/or running must be counted for the purpose of determining the number of licenses required. For the purposes of the following programs: iSupport,'Store and Configurator, only the processors on which Internet Application Server (Standard Edition and/or Enterprise Edition) and the licensed program (e.g , 'Support, iStore and/or Configurator) are running must be 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. For the purposes of the following programs: Configuration Management Pack for Applications, System Monitoring Piug-in for Non Oracle Databases, System Monitoring Plug-in for Non Oracle Middleware, Management Pack for Non -Oracle Middleware, Management Pack for WebCenter Suite, Grid Engine, Data Masking Pack for Non -Oracle Databases and Test Data Management Pack for Non -Oracle Databases, only the processors on which the program that is being managed/monitored are running must be counted for the purpose of determining the number of licenses required. For the purposes of the following programs: Application Management Suite for Oracle E-Business Suite Application Management Suite for PeopleSoft, Application Management Suite for Siebel and Application Management Suite for JD Edwards EnterpriseOne all processors on which the middleware and/or database software that support the respective managed application program are running must be counted for the purpose of determining the number of licenses required For the purposes of the following programs: Application Replay Pack and Real User Experience Insight, all processors on which the middleware software that supports the respective managed application program are running must be counted for the purpose of determining the number of licenses required. For the purposes of the following programs: Informatica PowerCenter and PowerConnect Adapters, and Application Adapter for Warehouse Budder for PeopleSoft, Oracle E-Business Suite, Siebel, and SAP, only the processor(s) on which the target database is running must be counted for the purpose of determining the number of licenses required For the purposes of the following programs Data Integrator Enterprise Edition, Data Integrator Enterprise Edition for Oracle Applications, Data Integrator and Application Adapter for Data Integration, Informatica PowerCenter and PowerConnect Adapters, Application Adapters for Data Integration, and Application Adapter for Warehouse Builder for: PeopleSoft, Oracle E-Business Suite Siebel, and SAP, only the processor(s) on which the target database is running must be counted for the purpose of determining the number of licenses required. For the purposes of the following program. Audit Vault Collection Agent, only the processors of the database sources from which audit data is collected must be counted for the purpose of determining the number of licenses required For the purposes of the following program: In -Memory Database Cache, only the processors on which the Times Ten In -Memory Database component of the In -Memory Database Cache program is installed and/or running must be counted for the purpose of determining the number of licenses required. For the purposes of the following programs: Oracle GoldenGate, and Oracle GoldenGate for Mainframe, only (a) the processors running the database from which you capture data and (b) the processors running the database where you will apply the data must be counted for the purpose of determining the number of licenses required. For the purposes of the following program: Oracle GoldenGate for Teradata Replication Services, only (a) the processors running the database from which 4123131 - 3. Self, Caryl Page 7 of 10 you capture data and (b) the processors running the database where you will apply the data must be counted for the purpose of determining the number of licenses required. For the purposes of the following program. Oracle ATG Web Commerce Search, only the processors on which queries are processed must be counted. You do not need to count processors on which the program is running for indexing content In configured content sources as long as the foregoing is the only use of the program on all the processors installed in a given server. Licensing Rules for Oracle Technology Programs and Oracle Business Intelligence You are responsible for ensuring that the following restrictions are not violated: • Oracle Database Standard Edition can only be licensed on servers that have a maximum capacity of 4 sockets. Oracle Database Standard Edition, when used with Oracle Real Application Clusters, may only be licensed on a single cluster of servers supporting up to a maximum capacity of 4 sockets. • Oracle Standard Edition One, Internet Application Server Standard Edition One and Portal Standard Edition One can only be licensed on servers that have a maximum capacity of 2 sockets. • WebLogic Server Standard Edition does not include WebLogic Server Clustering. • Business Intelligence Standard Edition One can only be licensed on servers that have the ability to run a maximum of 2 sockets. The data sources for BI Server and BI Publisher are limited to the included Oracle Standard Edition One, one other database, and any number of flat file sources such as CSV, and XLS. You may use Oracle Warehouse Builder Core ETL to pull data from any number of data sources but you must use only the included Oracle Standard Edition One as the target database. • Informatica PowerCenter and PowerConnect Adapters may not be used on a standalone basis or as a standalone ETL tool. The Informatica PowerCenter and PowerConnect Adapters may be used with any data source provided the target(s) are: (i) the Oracle Business Intelligence applications programs (excluding Hyperion Enterprise Performance Management Applications), (ii) the underlying platforms on which the Oracle Business Intelligence Suite Enterprise Edition Plus program, Oracle Business Intelligence Standard Edition One or associated components of those Business intelligence applications programs run, or (iii) a staging database for any of the foregoing. informatica PowerCenter and PowerConnect Adapters may also be used where the Oracle Business Intelligence applications programs (excluding Hyperion Enterprise Performance Management Applications) are the source and non -Oracle Business Intelligence application programs are the target, provided, that users do not use Informatica PowerCenter and PowerConnect Adapters to transform the data • With respect to the Java SE Advanced and Java SE Suite programs, you may not create, modify, or change the behavior of, or authorize your users to create, modify, or change the behavior of, classes, interfaces, or subpackages that are in any way identified as Java", 'javax" "sun" or 'oracle" or any variation of the aforementioned naming conventions. The installation and auto -update processes for these programs transmit a limited amount of data to Oracle (or its service provider) about those specific processes to help Oracle understand and optimize them. Oracle does not associate the data with personalty identifiable information. You can find more information about the data Oracle collects at http://oracle.com/contracts. Additional copyright notices and license terms applicable to portions of the programs are set forth at http://oracle.com/contracts. • Programs that contain "for Oracle Applications" in the program name are limited use programs. These limited use programs may only be used with "eligible" Oracle application programs that contain the following prefixes in the program name: Oracle Fusion, Oracle Communications*, Oracle Media, Oracle Retail*, Oracle Enterprise Taxation*, Oracle Utilities*, Oracle Financial Services*, Oracle FLEXCUBE Oracle Reveleus, Oracle Mantas, Oracle Healthcare*, Oracle Health Sciences Oracle Argus, Oracle Legal, Oracle Insurance and Oracle Primavera. For those prefixes designated above with a "*' not all programs with that prefix are eligible for use with the "for Oracle Applications' limited use programs. For a list of excluded programs please review the Applications Licensing Table, which may be accessed at http://oracle.com/contracts Notwithstanding anything above, Business Intelligence Suite Enterprise Edition Plus for Oracle Applications may only be used with 'eligible' Oracle application programs that contain "Oracle Fusion Human Capital Management" as a prefix in the program name and provided that the Oracle Fusion Human Capital Management programs are the only programs configured to run against the database instance. Oracle Business Intelligence Foundation Suite for Oracle Applications may also be used with the Oracle Product Information Management Analytics, Fusion Edition and Oracle Customer Data Management Analytics, Fusion Edition programs. Any use of limited use programs containing "for Oracle Applications" by other Oracle applications or third party applications is not permitted. • Oracle BPEL Process Manager Option for Oracle Applications may be used only to enable business processes, workflow interactions and approvals within eligible Oracle Applications. Workflow interactions between eligible Oracle Applications and other Oracle Applications or third party applications are allowed as long as they are enabled/initiated within the eligible Oracle Applications. Business Processes defined in BPEL are allowed as long as at least one of the services invoked from within the Business Process access an eligible Oracle Application either natively (via Web Services) or via an adapter. • Oracle Business Intelligence Foundation for Oracle Applications may be used only to perform query reporting and analysis against a transaction database, data warehouse or an Essbase OLAP cube if: (i) the transaction database is an eligible Oracle Applications transaction database itself or an extraction, in whole or in part, of an eligible Oracle Applications transaction database without transformation (query, reporting and analysis against a transaction database that is not an eligible Oracle Applications transaction database requires a full use license of Oracle Business Intelligence Foundation Suite); or (ii) the data warehouse is a pre -packaged eligible Oracle Applications data warehouse, with any customizations necessary to reflect customizations made in the eligible Oracle Applications, and restricted only to the eligible Oracle Applications sources (query, reporting and analysis against extensions to the data warehouse drawn from source systems not supported by the prepackaged data warehouses require a full use license of Oracle Business Intelligence Foundation Suite); or (iii) the 4123131 - 3. Self, Caryl Page 8 of 10 dimensions of each Essbase OLAP Cube are sourced from eligible Oracle Applications. • Oracle WebLogic Suite for Oracle Applications may be used only as an embedded runtime for eligible Oracle Applications or to deploy customizations to an eligible Oracle Application. The WebLogic global datasource or one of the WebLogic application datasources must be configured to access the schema of an eligible Oracle Application. • Data Integrator Enterprise Edition for Oracle Applications may only be used with the Oracle supplied data integration jobs and customization of the supplied jobs is allowed. For the avoidance of doubt, examples of uses that are not permitted include, but are not limited to, the following: adding new jobs that support different applications, new schemas or previously unsupported application modules. • Oracle SOA Suite for Oracle Applications may be used only to enable integration, business processes, workflow interactions and approvals within eligible Oracle Applications. Workflow interactions between eligible Oracle Applications and other Oracle Applications or third party applications are allowed as long as they are either initiated or terminated within eligible Oracle Applications. Usage of SOA composites (including but not limited to Rules, Mediator, XSLT transforms, BPEL processes, Sprang components Workflow services and OWSM security policies) is allowed as long as at least one of the services invoked from within each composite accesses an eligible Oracle Application either natively (via Web services) or via an adapter Oracle Service Bus (OSB) usage is allowed as long as each service deployed accesses an eligible Oracle Application either natively (via Web services) or via an adapter. • Oracle WebCenter Portal for Oracle Applications may be used only to surface eligible Oracle Application(s) and custom applications (collectively, "eligible applications"). Surfacing any third -party applications, including other applications from Oracle, requires a license for Oracle WebCenter Portal Multiple eligible applications may be surfaced in a single portal instance provided that a WebCenter Portal for Oracle Applications license exists for each eligible application surfaced in the portal. WebCenter Portal for Oracle Applications may be used to integrate the various WebCenter services (e.g., wilds, blogs, and discussions) into an application context, as well as to build out custom workflows and notifications between the eligible application and WebCenter Portal components. The content management features of the Oracle WebCenter Portal for Oracle Applications program may be used to store and manage documents created outside of the eligible application provided that such documents are related to the eligible application or to the application context. • Oracle WebCenter Imaging for Oracle Applications may be used to create and modify imaging searches, to modify pre -packaged imaging application document types, and to create and modify input mappings to imaging applications. Oracle WebCenter Imaging for Oracle Applications may also be used to invoke web service application programming interfaces (API's) from Oracle Application workflows. A license for WebCenter Imaging for Oracle Applications is required to define new document types for the management of images unrelated to a pre -packaged Oracle Applications integration, to develop custom workflows and to invoke APIs from custom workflows or custom application integrations. • Oracle Identity and Access Management Suite Plus for Oracle Applications may be used only to perform associated actions for users of and within the eligible Oracle Applications. The programs may be used to do the following: (1) add, delete, modify and manage user identities and roles in the eligible Oracle Applications' (2) provide web access management and single sign -on into eligible Oracle Applications; (3) provide data storage or virtualization to data storage of user identities and user identity related information or authentication and authorization policies for eligible Oracle Applications; (4) provide federated single sign -on to eligible Oracle Applications. • Oracle Coherence Enterprise Edition for Oracle Applications may only be used within the same Java Virtual Machine as the eligible Oracle Application components. • Hyperion Data Integration Management, Hyperion Data Integration Management Team Based Development, and the Hyperion Data Integration Management Adapters for SAP BW SAP R3, PeopleSoft and Siebel are licensed by Computer Each Computer license is limited to support the use of up to 8 CPUs and each Computer license must be licensed in increments of 8 CPUs. Each core is recognized as a CPU. For computers that have more than 8 CPUs, additional Computer licenses must be purchased based upon the amount of CPUs that you are using. For example, if you are using Hyperion Data Integration Management on 12 CPUs, you need to purchase 2 Computer licenses; if you are using Hyperion Data integration Management on 17 CPUs, you need to purchase 3 Computer licenses. These programs may be used solely in connection with moving data into and out of a Hyperion Data Store(s) (data/metadata repository(ies) delivered with the Hyperion programs.) These programs may not be used to extract data from a non -Hyperion Data Store(s) to load a custom data warehouse (a data warehouse not built solely from data from a Hyperion Data Store(s). The Hyperion Data Integration Management Computer license allows for such program to 1) connect to the following relational databases only: Oracle, Sybase IBM DB2, MS SQL Server and 2) source from and write to an unlimited number of flat file/XML files. Hyperion Data Integration Management Adapters for SAP BW SAP R3, PeopleSoft and Siebel must be licensed separately to allow Hyperion Data Integration Management to connect to these additional sources. • The number of Hyperion program option licenses must match the number of licenses of the associated Hyperion program. • The license for the Hyperion Planning Pius program includes a limited use license for the Hyperion Essbase Plus, Hyperion Financial Reporting and Hyperion Web Analysis programs. Such limited use license means that the Hyperion Essbase Plus, Hyperion Financial Reporting and Hyperion Web Analysis programs may only be used to access data from the Hyperion Planning Plus program. The Oracle Data Integrator — Target Database program may be used to load data from any data source provided that the target database is the Hyperion Planning Plus program. Specifically, the Hyperion Essbase Plus program cannot be used to create Essbase cubes that do not contain data used by the Hyperion Planning Plus program and the Aggregate Storage option component of the Hyperion Essbase Plus program may not be used. • The license for the Hyperion Profitability and Cost Management program includes a limited use license for the Hyperion Essbase Plus, Hyperion Financial Reporting, Hyperion Web Analysis and Oracle Data Integrator - Target Database programs. Such limited use license means that the Hyperion Essbase Plus, Hyperion Financial Reporting, Hyperion Web Analysis and Oracle Data Integrator - Target Database 4123131 - 3. Self, Caryl Page 9 of 10 programs may only be used to access data from the Hyperion Profitability and Cost Management program. Specifically, the Hyperion Essbase Plus program cannot be used to create Essbase cubes that do not contain data used by the Hyperion Profitability and Cost Management program and the Aggregate Storage option component of the Hyperion Essbase Plus program may not be used. • The license for the Hyperion Data Relationship Management program includes a limited use license for both the WebLogic Server Standard Edition and BPEL Process Manager programs. Such limited use license means that the WebLogic Server Standard Edition and BPEL Process Manager programs may only be used to enable workflow functions in order to process requests within the Hyperion Data Relationship Management program. • You may run only one data repository of the Oracle Real User Experience Insight per server regardless of the number of processors that are licensed for a server. Fallover: Subject to the conditions that follow below your license for the programs listed on the US Oracle Technology Price List, which may be accessed at http://www.oracle,com/coroorate/pricing/oricelists.html, 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 (for example, if a failover node is down for two hours on Tuesday and three hours on Friday, it counts as two days). The above right only applies when a number of machines are arranged in a cluster and share one disk array. When the primary node fails, the failover node acts as the primary node. Once the primary node is repaired, you must switch back to the primary node. Once the failover period has exceeded ten days, the failover node must be licensed. In addition only one failover node per clustered environment is at no charge for up to ten separate days even if multiple nodes are configured as failover Downtime for maintenance purposes counts towards the ten separate days limitation. When licensing options on a failover environment, the options must match the number of licenses of the associated database. Additionally, when licensing by Named User Plus, the user minimums are waived on one failover node only. Any use beyond the right granted in this section must be licensed separately. In a failover environment, the same license metric must be used for the production and failover nodes when licensing a given clustered configuration. Testing: For the purpose of testing physical copies of backups, your license for Edition One) includes the right to run the database on an unlicensed computer for year. The aforementioned right does not cover any other data recovery method copied or synchronized. the Oracle Database (Enterprise Edition, Standard Edition or Standard up to four times not exceeding 2 days per testing, in any given calendar - such as remote mirroring - where the Oracle program binary files are 4123131 - 3. Self, Caryl Page 10 of 10