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1. Case Report Form CRF Page is defined as the electronic equivalent of what would be the total number of physical paper pages initiated remotely by the program measured explicitly in the program as Received Data Collection Instruments during a 12 month period You may not exceed the licensed number of CRF Pages during any 12 month period unless you acquire additional immixTechnology Inc Page 11 reformatted 03 25 2013 ORACLE immixTechnology Inc a subsidiary of g immixGroup 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 Beehive Synchronous 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 Compensated Individual is defined as an individual whose compensation or compensation calculations are generated by the programs The term Compensated Individual includes but is not limited to your employees contractors retirees and any other Person Computer is defined as the computer on which the programs are installed A Computer license
2. 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
3. If you grant a security interest in the programs the operating system the integrated software and or any services deliverables the secured party has no right to use or transfer the programs the operating system the integrated software and or any services deliverables and if you decide to finance your acquisition of hardware programs and or any services you will follow Oracle s policies regarding financing which are at http oracle com contracts The foregoing shall not be construed to limit the rights you may otherwise have with respect to the linux operating system third party technology or separate works licensed under open source or similar license terms S General Terms 1 Inspection Acceptance Except as otherwise provided below the Contractor immixTechnology Inc can only and shall only tender for acceptance those items that substantially conform to the software manufacturer s Oracle published specifications Therefore items delivered shall be considered accepted upon delivery The Government reserves the right to inspect or test any supplies or services that have been delivered The Government may require repair or replacement of nonconforming supplies or re performance of nonconforming services at no increase in contract price If repair replacement or re performance will not correct the defects or is not possible the Government may seek an equitable price reduction or adequate consideration for acceptance of nonco
4. 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 Telephone Number is define
5. Administration function of E Business Suite Users of iProcurement and or Self Service Human Resources are excluded For the purpose of the following PeopleSoft Enterprise Governance Risk and Compliance applications Application Access Controls Governor Application Access Controls for PeopleSoft Enterprise Configuration Controls Governor and Configuration Controls for PeopleSoft Enterprise the number of Monitored Users is equal to the total number of unique PeopleSoft Enterprise or any other custom applications programs users individuals that the program monitors MySQL Cluster Carrier Grade Edition Annual Subscription MySQL Enterprise Edition Annual Subscription and MySQL Standard Edition Annual Subscription are defined as the right to use the specified program s in accordance with the applicable license metric and to receive Oracle Software Update License amp Support for the specified program s and for MySQL Community Edition for the term specified on the order MySQL Community Edition refers to MySQL that is licensed under the GPL license Software Update License amp Support for MySQL Community Edition does not include updates of any kind The subscription term is effective upon the effective date of the subscription ordering document unless otherwise stated in your ordering document If your order was placed through the Oracle Store then the effective date is the date your order was accepted by Oracle Oracle Software Update License a
6. Edition and or MySQL Standard Edition If you do not renew a subscription you will not receive any updates including patches or subsequent versions and you may also be subject to reinstatement fees if you later choose to reactivate your subscription Named User Plus Named User 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 All of the remaining provisions of this definition apply only with respect to Named User Plus licenses and not to Named User licenses 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 For the purposes of the following programs Configuration Management Pack for Applications System Monitoring Plug in for Non Oracle Databases System Monitoring
7. File System Rdb Enterprise Edition CODASYL DBMS Data Integrator Enterprise Edition GoldenGate GoldenGate for Non Oracle Database GoldenGate Veridata GoldenGate for Teradata Replication Services Java SE Advanced Java SE Suite WebLogic Server Standard Edition WebLogic Server Enterprise Edition WebLogic Suite Web Tier Coherence Standard Edition Coherence Enterprise Edition Coherence Grid Edition TopLink and Application Development Framework GlassFish Server Internet Application Server Standard Edition Internet Application Server Enterprise Edition Enterprise Gateway BPEL Process Manager WebLogic Integration Service Registry Enterprise Repository Forms and Reports Tuxedo SOA Suite for Non Oracle Middleware Unified Business Process Management Suite for Non Oracle Middleware Event Driven Architecture Suite Business Intelligence Standard Edition B2B for RosettaNet B2B for EDI Healthcare Adapter B2B for ebXML WebCenter Suite WebCenter Services Universal Content Management Standard Edition Universal Content Management Imaging and Process Management Content Conversion Server 25 Named Users Plus per Processor 25 Named Users Plus per Processor 25 Named Users Plus per Processor 25 Named Users Plus per Processor 25 Named Users Plus per Processor 25 Named Users Plus per Processor 25 Named Users Plus per Processor 25 Named Users Plus per Processor 25 Named Users Plus p
8. Spring 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 wikis 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
9. 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 YOU 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 YOU PAID TO ORACLE FOR THE DEFICIENT SERVICES TO THE EXTENT NOT PROHIBITED 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 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 tri
10. 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 immixTechnology Inc Page 18 reformatted 03 25 2013 ORACLE immixTechnology Inc a subsidiary of eg immixGroup be counted for the purpose of determining the number of licenses required For the purposes of the following programs iSupport iStore and Configurator only the processors on which Internet Application Server Standard Edition and or Enterprise Edition and the licensed program e g iSupport 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 Plug in for Non Oracle Databases System Monitoring Plug in for Non Oracle Middleware Management Pack for N
11. are required to report to Oracle the number of Enterprise FTE Students as of such date Enterprise Trainee Enterprise Trainee is defined as an employee contractor student or other person who is being recorded by the program The value of these program licenses is determined by the number of Enterprise Trainees For these program licenses the licensed quantity purchased must at a minimum be equal to the number of Enterprise Trainees as of the effective date of your order If at any time the number of Enterprise Trainees exceeds the licensed quantity you are required to order additional licenses and technical support for such additional licenses such that the number of Enterprise Trainees is equal to or less than the licensed quantity You are not entitled to any refund credit or other consideration of any kind if there is a reduction in the number of Enterprise Trainees In addition each year 90 days before the anniversary date of your order you are required to report to Oracle the number of Enterprise Trainees as of such date Enterprise M in Cost of Goods Sold Enterprise M Cost of Goods Sold is defined as one million U S dollars 1 000 000 in the total cost of inventory that a company has sold during their fiscal year If Cost of Goods Sold is unknown to you then Cost of Goods Sold shall be equal to 75 of total company revenue The value of these program licenses is determined by the amount of Enterprise M Cost of Goods Sold For these
12. context Oracle WebCenter Imaging for Oracle Applications may be used to create and modify imaging searches to modify prepackaged 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 immixTechnology Inc Page 25 reformatted 03 25 2013 ORACLE immixTechnology Inc a subsidiary of 4 immixGroup 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 Ora
13. 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 amp Support or any successor technical support offering to Software Update License amp 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 than 4 over the prior year s fees immixTechnology Inc Page 3 reformatted 03 25 2013 ORACLE immixTechnology Inc a subsidiary of 4 immixGroup 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 p
14. for the period of time for which you are were a subscriber to the applicable Oracle technical support services i the phrase Material under the Indemnification section of the agreement shall include the operating system and the integrated software and ii the phrase program s in the Indemnification section of the agreement is replaced by the phrase program s or the operating system or integrated software as applicable i e Oracle will not indemnify you for your use of the operating system and or integrated software when you are were not a subscriber to the applicable Oracle technical support services Notwithstanding the foregoing with respect solely to the Oracle Linux operating system Oracle will not indemnify you for materials that are not part of the Oracle Linux covered files as defined at www oracle com us support library enterprise linux indemnification 069347 pdf Add the following as a new second sentence in the second paragraph of the Indemnification section of the agreement Notwithstanding the previous sentence and with respect to hardware only if the Provider believes or it is determined that the hardware or portion thereof may have violated a third party s intellectual property rights the Provider may choose to either replace or modify the hardware or portion thereof to be non infringing while substantially preserving its utility or functionality or immixTechnology Inc Page 8 reformatted 03 2
15. if you elect to outsource any business function s to another company the following must be counted for purposes of determining the number of Employees all of the company s full time employees part time employees temporary employees agents contractors and consultants that i are providing the outsourcing services and ii have access to use or are tracked by the programs Employee for HCM is defined as i all of your full time part time temporary employees and ii all of your agents contractors and consultants who have access to use or are tracked by the programs The quantity of the licenses required is determined by the number of Employees for HCM and not the actual number of users In addition if you elect to outsource any business function s to another company the following must be counted for purposes of determining the number of Employees for HCM all of the company s full time employees part time employees temporary employees agents contractors and consultants that i are providing the outsourcing services and ii have access to use or are tracked by the programs Employees for HCM may only use the licensed programs with Oracle application programs that contain Oracle Fusion Human Capital Management as a prefix in the program name Employee User 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 or not the individual
16. represent the maximum number of concurrent callers that can be processed by the IVR system 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 to you by Oracle 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 immixTechnology Inc Page 15 reformatted 03 25 2013 ORACLE immixTechnology Inc a subsidiary of 2 gt immixGroup singl
17. 03 25 2013 ORACLE immixTechnology Inc a subsidiary of 1 gt immixGroup The programs listed below include a license to use Business Analysis Modeler Restricted Development to develop interfaces and modifications including creation of new application data tables only to the PeopleSoft programs you have licensed Oracle will deliver this program to you per the delivery terms in your order Integrated FieldService Marketing Mobile Sales Online Marketing Order Capture Order Capture Self Service Sales Support for Customer Self Service Your use of the Campus Self Service program is subject to the additional terms and conditions set forth in the INAS Software Supplement located at http oracle com contracts PeopleTools Enterprise Development shall be used solely to develop applications for your internal data processing operations In no event shall you market or distribute such applications Notwithstanding anything to the contrary you shall not have the right to use the functionality currently referred to as Verity search engine provided as part of this program for the purpose of developing applications Each PeopleTools Enterprise Development Starter Kit program shall be used solely by 5 application users to develop applications containing no more than a total of 20 components as defined in the program documentation for your internal data processing operations In no event shall you market or distribute such applications Notwith
18. 5 2013 ORACLE immixTechnology Inc a subsidiary of g immixGroup obtain a right to allow for continued use or if these alternatives are not commercially reasonable the Provider may remove the applicable hardware or portion thereof and refund the net book value c Technical Support Add the following paragraphs at the end of the Technical Support section of the agreement Oracle Hardware and Systems Support acquired with your order may be renewed annually and if you renew Oracle Hardware and Systems Support for the same systems and same configurations for the first and second renewal years the technical support fee will not increase by more than 4 over the prior year s fees If ordered Oracle Hardware and Systems Support including first year and all subsequent years is provided under Oracle s Hardware and Systems Support Policies in effect at the time the services are provided You agree to cooperate with Oracle and provide the access resources materials personnel information and consents that Oracle may require in order to perform the services The Oracle Hardware and Systems 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 during the period for which fees for Oracle Hardware and Systems Support have been paid You should review the policies prior to entering into an order You may access the curr
19. ORACLE immixTechnology Inc a subsidiary of cd immixGroup All references to Oracle in these Terms and Conditions should be read as Contractor immixTechnology Inc acting by and through its supplier Oracle TERMS AND CONDITIONS FOR ORACLE PRODUCTS AND OR SERVICES ORACLE LICENSE AND SERVICES TERMS AND CONDITIONS A Agreement Definitions You and your refers to the individual or entity that has executed this agreement agreement and ordered programs and or services from Oracle America Inc or an authorized distributor The term ancillary programs refers to third party materials specified in the program documentation which may only be used for the purposes of installing or operating the programs with which the ancillary programs are delivered The term program documentation refers to the program user manual and program installation manuals 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 hosted outsourcing services consulting or other services which you have ordered B Applicability of Agreement This agreement is valid for the order which this agreement accompanies C Rights Granted Upon Oracle s acceptance of your order you have the non exclusive non assignable royalty free perpetual u
20. Plug in for Non Oracle Middleware Management Pack for Non Oracle Middleware Management Pack for WebCenter Suite Data Masking Pack for Non Oracle Databases and Test Data Management Pack for Non Oracle Databases only the users of the program that is being managed monitored are counted for the purpose of determining the number of Named User Plus licenses required With respect to the following programs Load Testing Load Testing Developer Edition Load Testing Accelerator for Web Services Load Testing Accelerator for Oracle Database and Applications Load Testing Accelerators each emulated human user and non human operated device shall be considered as a virtual user and shall be counted for the purposes of determining the number of Named User Plus 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 Application Management Suite for JD Edwards EnterpriseOne Real User Experience Insight and Application Replay Pack all users of the respective managed application program must be counted for the purpose of determining the number of licenses required For the purposes of the following program Oracle GoldenGate only a the users of the Oracle database from which you capture data and b the users of the Oracle database where you will apply the data must be counted for the purpose of determining the number o
21. S SECTION 3 YOUR EXCLUSIVE REMEDY AND ORACLE S ENTIRE LIABILITY SHALL BE THE REPAIR OR AT ORACLE S OPTION AND EXPENSE REPLACEMENT OF THE DEFECTIVE PRODUCT OR IF SUCH REPAIR OR REPLACEMENT IS NOT REASONABLY ACHIEVABLE THE REFUND OF THE FEES YOU PAID ORACLE FOR THE DEFECTIVE PRODUCT AND THE REFUND OF ANY UNUSED PREPAID TECHNICAL SUPPORT FEES YOU HAVE PAID FOR THE DEFECTIVE PRODUCT TO THE EXTEND NOT PROHIBITED BY LAW THESE WARRANTIES ARE EXCLUSIVE AND THERE ARE NO OTHER EXPRESS OR IMPLIED WARRANTIES OR CONDITIONS WITH RESPECT TO YOUR HARDWARE ORDER INCLUDING ANY WARRANTIES OR CONDITION OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE Parts or components which are replaced under the applicable warranty may not be new Title in all defective parts which are removed from the hardware under applicable warranty shall transfer back to Oracle c No warranty will apply to hardware operating system integrated software or media which has been i modified altered or adapted without Oracle s written consent including modification by removal of the Oracle Sun serial number tag on the hardware ii maltreated or used in a manner other than in accordance with the relevant documentation iii repaired by any third party in a manner which fails to meet Oracle s quality standards improperly installed by any party other than Oracle or an authorized Oracle certified installation partner used with equipment or software not covered by the warra
22. S 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 Plus 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 x 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 lice
23. ace Processes PIPs are defined as business processes between trading partners Preconfigured system to system XML based dialogs for the relevant E Business Suite Application s are provided Each preconfigured PIP includes a business document with the vocabulary and a business process with the choreography of the message dialog Rule Set is defined as a data rules file containing content for a given country in order to perform data quality functions optimized for that country Server is defined as the computer on which the programs are installed A Server license allows you to use the licensed program on a single specified computer Service Order Line is defined as the total number of service order entry line items processed by the program during a 12 month period Multiple service order entry line items may be entered as part of an individual customer service order or quote You may not exceed the licensed number of Service Order Lines during any 12 month period unless you acquire additional Service Order Line licenses from Oracle Socket is defined as a slot that houses a chip or a multi chip module that contains a collection of one or more cores Regardless of the number of cores each chip or multi chip module shall count as a single socket All occupied sockets on which the program is installed and or running must be licensed Oracle Solaris Premier Subscription for Non Oracle Hardware per socket is defined as the right to use the Ora
24. ach year 90 days before the anniversary date of your order you are required to report to Oracle the number of Enterprise Employees as of such date Enterprise Full Time Equivalent FTE Student is defined as any full time student enrolled in your institution and any part time student enrolled in your institution counts as 25 of an FTE Student The definition of full time and part time is based on your policies for student classification If the number of FTE Students is a fraction that number will be rounded to the nearest whole number for purposes of license quantity requirements The value of these program licenses is determined by the number of Enterprise FTE Students For these program licenses the licensed quantity purchased must at a minimum be equal to the number of Enterprise FTE Students as of the effective date of your order If at any time the number of Enterprise FTE Students exceeds the licensed quantity you are required to order additional licenses and technical support for such additional licenses such that the number of Enterprise FTE Students is equal to or less than the licensed quantity You are not entitled to any refund credit or other consideration of any kind if there is a reduction in the number of Enterprise FTE Students immixTechnology Inc Page 13 reformatted 03 25 2013 ORACLE immixTechnology Inc a subsidiary of gd immixGroup In addition each year 90 days before the anniversary date of your order you
25. acle Application Server Standard Edition or Oracle WebLogic Server Standard Edition either of these products may be used but both products cannot be used for the same function Oracle JRockit JVM Oracle Application Server Portal Oracle WebCenter Services Oracle BPEL Process Manager Oracle Business Activity Monitoring Oracle Application Server Single Sign On Oracle Access Manager Basic Oracle Application Server Web Cache and Oracle Business Intelligence Publisher These components may be used solely in conjunction with any and all licensed JD Edwards EnterpriseOne programs including third party programs licensed for use with JD Edwards EnterpriseOne programs These components may be installed on an unlimited number of processors If you require use of these components beyond your JD Edwards EnterpriseOne implementation you may purchase a non limited use license for any of the Oracle components by contracting directly with Oracle or one of its authorized distributors e For the purpose of using Oracle Business Intelligence Publisher Oracle will include a limited use license of Business Intelligence Publisher for use with JD Edwards EnterpriseOne programs Any use of Business Intelligence Publisher outside of a JD Edwards EnterpriseOne program such as with a your own custom applications as well as with other Oracle applications including but not limited to Siebel Applications PeopleSoft Applications and or Oracle Applications will require a fu
26. aid The value of these program licenses is determined by the amount of Enterprise M Freight Under Management For these program licenses the licensed quantity purchased must at a minimum be equal to the amount of Enterprise M Freight Under Management as of the effective date of your order If at any time the amount of Enterprise M Freight Under Management exceeds the licensed quantity you are required to order additional licenses and technical support for such additional licenses such that the amount of Enterprise M Freight Under Management is equal to or less than the number of licensed quantity You are not entitled to any refund credit or other consideration of any kind if there is a reduction in the amount of Enterprise M Freight Under Management In addition each year 90 days before the anniversary date of your order you are required to report to Oracle the number of Enterprise M Freight Under Management as of such date Enterprise M in Operating Budget is defined as one million U S dollars 1 000 000 of your gross budget reflected in an audited statement from your external accounting firm The value of these program licenses is determined by the amount of Enterprise M in Operating Budget For these program licenses the licensed quantity purchased must at a minimum be equal to the amount of Enterprise M in Operating Budget as of the effective date of your order If at any time the amount of Enterprise M in Operating Budget exceeds
27. al purposes are provided as is and Oracle does not provide technical support or offer any warranties for these programs G Indemnification If a third party 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 immixTechnology Inc Page 2 reformatted 03 25 2013 ORACLE immixTechnology Inc a subsidiary of g immixGroup 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 at its sole cost and expense will except where prohibited by applicable law or regulation defend the Recipient against the claim and indemnify the Recipient from the damages liabilities costs and expenses awarded by the court to the third party claiming infringement or the settlement agreed to by the Provider 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 th
28. allows you to use the licensed program on a single specified computer For the purposes of Computer licenses for the Oracle Health Science Integration Engine program a communication point is an interface to an input system e g a clinical laboratory system in a hospital or healthcare setting or to an output system e g a healthcare data repository Concurrent User is defined as each individual that may concurrently use or access the programs Concurrent Users shall be only customers or prospective customers of yours and shall not be business partners or employees of yours Connected Instance is defined as the configuration between Oracle Policy Automation Connector for Oracle CRM On Demand and the Oracle CRM On Demand instance s web service endpoint For each Oracle CRM On Demand instance so configured an additional Connected Instance is required 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 M Cost of Goods Sold is defined as one million U S dollars 1 000 000 in the total cost of inventory that a company has sold during their fiscal year If Cost of Goods Sold is unknown to you then Cost of Goods Sold shall be equal to 75 of total company revenue CPU is defined as a chip that contains a collection of one or more cores on which the program is running Regardless of the numb
29. and one 1 Named BI Professional Report Author seat license Any additional seat licenses must be licensed separately by purchase of Oracle ATG Web Commerce BI Administrator seat licenses at an additional cost and are not included in any enterprise wide or similar license Licensing Rules for JD Edwards Applications e You are responsible for ensuring compliance with the application licensing prerequisites as specified in the Applications Licensing Table which may be accessed at http oracle com contracts immixTechnology Inc Page 29 reformatted 03 25 2013 ORACLE immixTechnology Inc a subsidiary of 1 immixGroup e The JD Edwards EnterpriseOne programs include Adobe PDF Library The programs also include GNU libgmp library copyright 1991 Free Software Foundation Inc This library is free software that can be modified and redistributed under the terms of the GNU Library General Public License contained in the programs The programs may also contain other third party products e Your license for the program s may include additional license rights Please review the additional license rights listed on the PeopleSoft JD Edwards program table located at http oracle com contracts for additional information e The Foundation program contains the development foundation environment toolkit You understand and acknowledge that any software program developed with the functionality of the development foundation environment tool
30. annel program may access a maximum of 15 Objects An Object is defined as each data entity within the Business Object Layer of the programs that is defined in the Siebel Tools program e The Siebel Data Quality License may only be used with Oracle Master Data Management or Oracle CRM deployments Licensing Rules for Programs Licensed per UPK Module Oracle grants to you a non exclusive nontransferable license for your UPK Developer s to i use those User Productivity Kit UPK programs licensed as UPK modules collectively referred to as UPK content only as necessary to create and provide training solely for UPK Employees and or UPK Users to use the underlying programs for your benefit ii make an unlimited number of copies of the UPK content only as necessary to create and provide training solely to UPK Employees and or UPK Users to use the underlying programs for your benefit and iii develop modifications and customizations to the UPK content if applicable all subject to the terms and conditions set forth in this agreement provided all copyright notices are reproduced as provided on the original You represent and warrant that you have a valid license for the underlying program s You are prohibited from reselling or distributing the UPK content to any other party or using the UPK content other than as explicitly permitted in this agreement Oracle represents that the UPK content and any content created by you using the UPK conten
31. as the total number of unique case database records stored in the Case Hub program A case database record is a unique request or issue requiring investigation or service stored in S_CASE table with an active or inactive status For the purposes of the Site Hub program a record is defined as the total number of unique site database records stored in the RRS_SITES_B table of the Site Hub program A site database record is a unique site e g an asset a building part of a building such as a store or a franchise within a store an ATM etc stored in the Site Hub program For the programs listed above please see the application licensing prerequisites as specified in the Applications Licensing Table which may be accessed at http oracle com contracts for the grant and restrictions of the underlying Oracle technology For the purposes of the Hyperion Data Relationship Management program a record is defined as the unique occurrence of any business object or master data construct that you choose to manage within the program Records may describe any number of enterprise information assets commonly referred to as base members including but not limited to cost centers ledger accounts legal entities organizations products vendors assets locations regions or employees Additionally a record may also be a summary object commonly referred to as a rollup member that either summarizes base members or describes hierarchical information associated wit
32. ava SE Platform Products can be found at www oracle com contracts This subscription is available only for a server that is certified by Oracle and listed on the Hardware Compatibility List HCL at http www sun com bigadmin hcl You must obtain a subscription license for each socket in the server The subscription term is effective upon the effective date of the subscription ordering document unless otherwise stated in your ordering document If your order was placed through the Oracle Store then the effective date is the date your order was accepted by Oracle Oracle Premier Support for Operating System services are provided under the applicable technical support policies in effect at the time the services are provided At the end of the specified term you may renew your subscription if available at the then current fees for this subscription If your order specifies 1 4 socket server then you may only use the subscription on a server with not more than 4 sockets If your order specifies 5 socket server then you may use the subscription for servers with any number of sockets Subscriber is defined as a a working telephone number for all wireline devices b a portable handset or paging device that has been activated by you for wireless communications and paging c a residential drop or a nonresidential device serviced by a cable provider or d a live connected utility meter The total number of Subscribers is equal to the aggr
33. ch 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 confidential information to a federal or state governmental entity as required by law L Reserved M Limitation of Liability NEITHER PARTY SHALL BE LIABLE FOR ANY INDIRECT INCIDENTAL immixTechnology Inc Page 4 reformatted 03 25 2013 ORACLE immixTechnology Inc a subsidiary of 4 immixGroup 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 provi
34. cle 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 M
35. cle Solaris programs as defined below on hardware not manufactured by or for Sun Oracle and to receive Oracle Premier Support for Operating Systems services limited to the Oracle Solaris programs for the term specified in the ordering document Oracle Solaris programs refers to the Oracle Solaris operating system and the separately licensed third party technology as defined below The Oracle Solaris programs may contain third party technology Oracle may provide certain notices to you in program documentation readme files or the installation details in connection with such third party technology Third party technology will be licensed to you either under the terms of the agreement or if specified in the program documentation readme files or the installation details under separate license terms separate terms and not under the terms of the agreement separately licensed third party technology Your rights to use such separately licensed third party technology under the separate terms are not restricted in any way by the agreement The Oracle Solaris programs may include or be distributed with certain separately licensed components that are part of Java SE Java SE Java SE and all components associated with it are licensed to you under the terms of the Oracle Binary Code License Agreement for the Java SE Platform Products and not under the agreement A copy of the Oracle Binary Code License Agreement for the J
36. d as each unique telephone number for which the billing information is managed or displayed using the program regardless of the number of individual account holders associated with such telephone numbers Terabyte is defined as a terabyte of computer storage space used by a storage filer equal to one trillion bytes B in Total Assets is defined as one billion U S dollars 1 000 000 000 of your latest published or internally available Total Asset Value as disclosed in your annual report and or regulatory filings Trainee is defined as an employee contractor student or other person who is being recorded by the program Transaction is defined as each set of interactions that is initiated by an application user recorded by Oracle Enterprise Manager to capture availability and performance metrics used in calculating service levels For example the following set of interactions would represent one transaction login search customer log out 1K Transactions is defined as one thousand unique transactions processed through the program during a 12 month period You may not exceed the licensed number of transactions during a 12 month period unless you acquire additional transaction licenses from Oracle For Oracle Contact Center Anywhere a unique transaction is defined as one of the following inbound phone call outbound phone call direct dialed preview dialed predictive dialed web call back workgroup fax workgroup email voice mail and chat s
37. d in and as part of the hardware c You have the limited non exclusive royalty free non assignable right to use integrated software delivered with the hardware subject to the terms of this order and the applicable documentation You are licensed to use such integrated software and any integrated software updates acquired through technical support only as incorporated in and as part of the hardware d The operating system and or integrated software may include separate works identified in a readme file notice file or the applicable documentation which are licensed under open source or similar license terms your rights to use the operating system and integrated software under such terms are not restricted in any way by the agreement including this order The appropriate terms associated with such separate works can be found in the readme files notice files or in the documentation accompanying the operating system and integrated software For GPLv2 LGPLv2 1 GPLv3 and LGPLv3 licensed code received by you as binaries on physical media if you would like to receive a copy of the source code source code on media via postal service submit your written request at http oss oracle com systems opensourcecode Alternatively you can mail your written request to Oracle Corporation Attn VP of Legal Development and Engineering 500 Oracle Parkway MS 5OP10 Redwood Shores CA 94065 Your request should include the name and version number of
38. 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 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 M in Revenue is defined as one million U S dollars 1 000 000 in all income interest income and non interest income before adjustments for expenses and taxes generated by you during a fiscal year M Revenue Under Management is defined as one million U S dollars 1 000 000 in all income interest immixTechnology Inc Page 19 reformatted 03 25 2013 ORACLE immixTechnology Inc a subsidiary of 1 gt immixGroup income and non interest income before adjustments for expenses and taxes generated by you during a fiscal year for the product lines for which the programs are used Record The Customer Hub B2B is a bundle that includes two components Siebel Universal Customer Master B2B and Oracle Customer Data Hub For the purposes of the Customer Hub B2B application record is defined as the total number of unique customer database records stored in the Customer Hub B2B application i e
39. ded 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 1 Reserved 2 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 America Inc 500 Oracle Parkway Redwood City California United States 94065 Attention General Counsel Legal Department 3 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 4 Except for actions for nonpayment or breac
40. described in the hardware documentation Such requirements may change from time to time as communicated by Oracle to you in the applicable hardware documentation 2 Use Restriction The hardware is not specifically designed manufactured or intended for use as parts components or assemblies for the planning construction maintenance or operation of a nuclear facility Use of the hardware for these purposes is prohibited 3 Warranty a Oracle provides a limited warranty for i the hardware ii the operating system and the integrated software and iii the operating system media and the integrated software media collectively media Oracle warrants that the hardware will be free from and using the operating system and integrated software will not cause in the hardware material defects in materials and workmanship for one year from the date the hardware is shipped to you Oracle warrants that the media will be free from material defects in materials and workmanship for a period of 90 days from the date the media is shipped to you ORACLE DOES NOT WARRANT UNINTERRUPTED OR ERROR FREE OPERATION OF THE HARDWARE You may access a more detailed description of the limited hardware warranty at http www oracle com support policies html the warranty web page Any changes to the hardware warranty details specified on the warranty web page will not apply to hardware ordered prior to such change b FOR ANY BREACH OF THE WARRANTIES IN THI
41. e Provider believes or it is determined that any of the Material may have violated a third party 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 to the other party for it and any unused prepaid technical support fees you have paid to Oracle for the license 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 Oracle will not indemnify you for infringement caused by your actions against any third party
42. e 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 M in Managed Assets is defined as one million U S dollars 1 000 000 of the following total 1 Book value of investment in capital leases direct financing leases and other finance leases including residuals whether owned or managed for others active on the program plus 2 Book value of assets on operating leases whether owned or managed for others active on the program plus 3 Book value of loans notes conditional sales contracts and other receivables owned or managed for others active on the program plus 4 Book value of non earning assets owned or managed for others which were previously leased and active on the program including assets from term terminated leases and repossessed assets plus 5 Original cost of assets underlying leases and loans originated and active on the program then sold within the previous 12 months Managed Resource 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 In addition your employees contractors partners and any other individual or entity managed by the programs shall be counted f
43. efforts to deliver the hardware within a timeframe that is consistent with Oracle s past practices regarding the amount and type of hardware that you have ordered 5 Transfer of Title Title to the hardware will transfer upon delivery R Hardware Specific Modifications to the Terms of the Agreement The following terms are applicable to your order if it includes hardware a Ownership and Restrictions The word programs in the first sentence of the first paragraph of the Ownership and Restrictions section of the agreement is replaced by the phrase programs the operating system and integrated software Add the following as a new second sentence in the first paragraph of the Ownership and Restrictions section of the agreement Oracle or its licensors retain all intellectual property rights to the hardware In the second sentence of the second paragraph of the Ownership and Restrictions section of the agreement the phrase specified in the program documentation is replaced by the phrase specified in the program documentation or readme files or notice files b Indemnification The term Material under the Indemnification section of the agreement shall include the hardware as defined below Provided you are a current subscriber to Oracle technical support services for the operating system e g Oracle Premier Support for Systems Oracle Premier Support for Operating Systems or Oracle Linux Premier Support then
44. egate of all types of Subscribers If your business is not defined in the primary definition of Subscriber above Subscriber is defined as each U S 1 000 increment of your gross annual revenue as reported to the SEC in your annual report or the equivalent accounting or reporting document Suite is defined as all the functional software components described in the product documentation Sun Ray Device is defined as the Sun Ray computer on which the program is running immixTechnology Inc Page 21 reformatted 03 25 2013 ORACLE immixTechnology Inc a subsidiary of g immixGroup 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 For cloud based backups Oracle counts each parallel stream or Recovery Manager RMAN channel as equivalent to a tape drive 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
45. ent version of the Oracle Hardware and Systems Support Policies at http www oracle com us support policies index html d End of Agreement In the second sentence of the End of Agreement section of the agreement the phrase programs ordered and or services received is replaced by the phrase hardware and programs ordered and or services received In the fifth and sixth sentences of the End of Agreement section of the agreement the phrase programs and or services is replaced by the phrase hardware programs and or services e Reserved f Limitation of Liability In the second sentence of the Limitation of Liability section of the agreement i the phrase PROGRAMS OR SERVICES is replaced by the phrase PROGRAMS HARDWARE OR SERVICES and ii the phrase PROGRAM OR SERVICES is replaced by the phrase PROGRAM HARDWARE OR SERVICES g Export The Export section of the agreement is deleted and replaced with the following Export laws and regulations of the United States and any other relevant local export laws and regulations apply to the programs and hardware including any integrated software and operating system s You agree that such export laws govern your use of the programs including technical data hardware including any integrated software and operating system s and any services deliverables provided under this agreement and you agree to comply with all such export laws and regulations i
46. er Processor 25 Named Users Plus per Processor 10 Named Users Plus per Processor 10 Named Users Plus per Processor 10 Named Users Plus per Processor 10 Named Users Plus per Processor 10 Named Users Plus per Processor 10 Named Users Plus per Processor 10 Named Users Plus per Processor 10 Named Users Plus per Processor 10 Named Users Plus per Processor 10 Named Users Plus per Processor 10 Named Users Plus per Processor 10 Named Users Plus per Processor 10 Named Users Plus per Processor 10 Named Users Plus per Processor 10 Named Users Plus per Processor 10 Named Users Plus per Processor 10 Named Users Plus per Processor 10 Named Users Plus per Processor 10 Named Users Plus per Processor 10 Named Users Plus per Processor 10 Named Users Plus per Processor 10 Named Users Plus per Processor 10 Named Users Plus per Processor 10 Named Users Plus per Processor 10 Named Users Plus per Processor 10 Named Users Plus per Processor 10 Named Users Plus per Processor 10 Named Users Plus per Processor 10 Named Users Plus per Processor 10 Named Users Plus per Processor 10 Named Users Plus per Processor 10 Named Users Plus per Processor 10 Named Users Plus per Processor 10 Named Users Plus per Processor immixTechnology Inc Page 27 reformatted 03 25 2013 ORACLE immixTechnology Inc a subsidiary of a immixGroup Distributed Document Capture 10 Named Users Plus per Processor Directory Services Plus 10 Named Users Pl
47. er of cores each chip counts as 1 CPU For the purposes of the following program Oracle Utilities Customer Care and Billing Application Workbench you may copy install and use such program running on a CPU solely for development purposes Custom Suite User is defined as an individual authorized by you to use the application programs included in the applicable Custom Applications Suite 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 Customer is defined as the customer entity specified on your order The programs may not be used or accessed for the business operations of any third party including but not limited to your customers partners or your affiliates There is no limitation on the number of computers on which such programs may be copied installed and used Customer Account is defined as each unique Customer Account designated by a unique account number for which the billing information is managed or displayed using the program regardless of the number of individual account holders associated with such accounts Oracle Customer Data amp Device Retention Service a description of such service is found in the Technical Support Policies section Oracle Hardware and Systems Support Policies at www oracle com contracts and is incorporated by reference Customer Record is defined as each unique Customer Record including contact records pro
48. erables 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 or its licensors retain all ownership and intellectual property rights to the programs Oracle retains all ownership and intellectual property rights to anything developed and delivered under this agreement resulting from services You may make a sufficient number of copies of each program for your licensed use and one copy of each program media Third party technology that may be appropriate or necessary for use with some Oracle programs is specified in the program documentation Such third party technology is licensed to you under the terms of the third party technology license agreement specified in the program documentation and not under the terms of this immixTechnology Inc Page 1 reformatted 03 25 2013 ORACLE immixTechnology Inc a subsidiary of d immixGroup agreement You may not remove or modify any program markings or any notice of Oracle s or its licensors proprietary rights make the programs or materials resulting f
49. es program Siebel Retail Finance Foundation Services program and the Siebel Financial Transactions Workbench program you may use third party tools to a create materials or b modify the materials identified as Sample Screen Code and Process Templates in the program documentation all in accordance with the program documentation and provided that such materials or modified materials shall be used solely with your licensed use of such programs You shall not limit in any way Oracle s right to develop use license create derivative works of or otherwise freely exploit the programs ancillary programs program documentation or any other materials provided by Oracle or to permit third parties to do so e The Siebel Details Program includes a license for 20 Concurrent Users that authorizes you to use the program on only one Computer for a maximum of 20 Concurrent Users at any given time e The Siebel Marketing Server program is licensed on a Computer basis together with the number of unique Customer Records that you may access using the program e The Siebel Pharma Marketing Server is licensed on the basis of the number of unique Customer Records that you may access using the program together with the number of Brands that you may manage using the program e The Siebel Pricing Claims Server Up to 20 Application Users is licensed on a Computer basis with a limitation on the number of Application Users e The users or processors of the Siebel Web Ch
50. ession inbound sessions web collaboration with agents For JD Edwards World Purchase Card Management a unique transaction is defined as a single charge processed by the program UPK Developer 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 UPK Developers may create modify view and interact with simulations and documentation UPK Employee is defined as an active employee of yours Note The value of these applications is determined by the size of the active employee population and not the number of actual users Therefore all of your active employees must be included in your order when licensing these applications UPK Employees may view and interact with simulations and documentation but may not create or modify simulations or documentation UPK Module is defined as the functional software component described in the product documentation UPK User 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 UPK immixTechnology Inc Page 22 reformatted 03 25 2013 ORACLE immixTechnology Inc a subsidiary of 1 gt immixGroup Users may view and interact with simulations and documentation but may not create or modify simu
51. etween each version of a third party software application or system and Oracle programs M Annual Transaction Volume is defined as one million U S dollars 1 000 000 in all purchase orders transacted and all auctions conducted through the Oracle Exchange Marketplace by you and others during the applicable year of the Oracle Exchange Marketplace license regardless of whether any such auction results in a purchase order provided that an auction resulting in a purchase order shall only be counted against the Annual Transaction Volume once 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 M in Application Annual Revenue is defined as one million U S dollars 1 000 000 excluding taxes processed through the licensed program For Oracle Self Service E Billing products the Annual Revenue is equivalent to the total invoiced amount for all company accounts that have at least one enrolled user per billing period Application User is defined as an individual authorized by you to use the applicable licensed application programs which are installed o
52. eure 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 programs delivered or services provided immixTechnology Inc Page 5 reformatted 03 25 2013 ORACLE immixTechnology Inc a subsidiary of 1 gt immixGroup Q Terms Specific to Hardware and Hardware Support Services 1 Hardware Composition a Your hardware order may consist of the following components operating system as defined in your configuration integrated software and all hardware equipment including components options and spare parts specified on the applicable order The term hardware is defined as the hardware equipment including components options and spare parts The hardware equipment or parts of it may be new or like new The term integrated software is defined as software embedded in the hardware which is essential to hardware functionality e g firmware b You have the right to use the operating system delivered with the hardware subject to the terms of the license agreement s delivered with the hardware Current versions of the license agreements are located at http oracle com contracts You are licensed to use the operating system and any operating system updates acquired through technical support only as incorporate
53. f licenses required For the purposes of the following program Oracle GoldenGate for Non Oracle Database only a the users of the Non Oracle database from which you capture data and b the users of the Non Oracle 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 Mainframe only a the users of the database from which you capture data and b the users of 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 users of the database from which you capture data and b the users of the database where you will apply the data must be counted for the purpose of determining the number of licenses required 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 Non Employee User External is defined as an individual who is not your employee contractor or outsourcer immixTechnology Inc Page 17 reformatted 03 25 2013 ORACLE immixTechnology Inc a subsidiary of 4 immixGroup authorized by you to use the programs which are in
54. gation to provide updates under your ordering document 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 for any program licensed under your ordering document per the terms of your ordering document and this agreement 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 except where otherwise required by law or regulation Confidential information shall be limited to the terms and pricing under this agreement and all information clearly identified as confidential at the time of disclosure 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 ea
55. gram The option Service Hub B2B is only available with the Siebel Customer Universal Master component of the Customer Hub B2B program The option Activity Hub B2C is only available with the Siebel Customer Universal Master component of the Customer Hub B2C program The option Field Service Hub B2C is only available with the Siebel Customer Universal Master component of the Customer Hub B2C program The option Marketing Hub B2C is only available with the Siebel Customer Universal Master component of the Customer Hub B2C program The option Privacy Management Policy Hub B2C is only available with the Siebel Customer Universal Master component of the Customer Hub B2C program The option Sales Hub B2C is only available with the Siebel Customer Universal Master component of the Customer Hub B2C program The option Service Hub B2C is only available with the Siebel Customer Universal Master component of the Customer Hub B2C program Licensing Rules for PeopleSoft Applications You are responsible for ensuring compliance with the application licensing prerequisites as specified in the Applications Licensing Table which may be accessed at http oracle com contracts Your license for the program s may include additional license rights Please review the additional license rights listed on the PeopleSoft JD Edwards program table located at http oracle com contracts for additional information immixTechnology Inc Page 31 reformatted
56. grams 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 personally 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 Util
57. h 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 The foregoing limitation shall not apply in cases where such limitations are prohibited by law or regulation 5 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 Any such audit shall not unreasonably interfere with your normal business operations 6 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 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 other event outside the reasonable control of the obligated party We both will use reasonable efforts to mitigate the effect of a force maj
58. h underlying base members Records represent unique occurrences and they do not include any duplicates or shared references that may be essential for master data management purposes For the purposes of the Supplier Lifecycle Management and Supplier Hub programs a record is defined as a unique business entity or company record stored as Supplier in the AP_SUPPLIERS table of the Supplier Lifecycle Management and Supplier Hub programs For the purposes of the Life Sciences Customer Hub program a record is defined as the number of unique customer database records stored in such program A customer database record is a unique physician i e physical person record which is stored as a contact for the Oracle Life Sciences Customer Hub program 1000 Records is defined as 1000 cleansed records i e rows that are output from a production data flow of the Data Quality for Data Integrator program Registered User 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 Registered Users shall be business partners and or customers and shall not be your employees immixTechnology Inc Page 20 reformatted 03 25 2013 ORACLE immixTechnology Inc a subsidiary of 4 immixGroup Retail Register is defined as any device designed to record any part of a sales transaction RosettaNet Partner Interf
59. hich may be accessed at http oracle com contracts For the purposes of the following Primavera programs Earned Value Management Evolve SureTrak Contractor and P3 Project Planner you acknowledge that you have both read and understand the limited Software Update License amp Support services that are available for these programs as described in Oracle s Technical Support Policies For purposes of the Primavera SureTrak and Primavera P3 Project Planner programs you acknowledge that the agreement delivered to you with these programs i e the Oracle License and Services Agreement and not the end user license agreement contained in the product installation governs the end user s use of these programs For the purposes of the Primavera Web Services program developers and end users who are not already licensed for Primavera P6 Enterprise Project Portfolio Management and who need access to applications created using P6 Web Services and or P6 Java APIs must be licensed for the Primavera Web Services program Licensing Rules for Siebel Applications You are responsible for ensuring compliance with the application licensing prerequisites as specified in the Applications Licensing Table which may be accessed at http oracle com contracts immixTechnology Inc Page 32 reformatted 03 25 2013 ORACLE immixTechnology Inc a subsidiary of 4 immixGroup e For the Siebel Branch Teller Services program Siebel Internet Banking Servic
60. ht for shipments managed by you e g you are not purchasing transportation services on behalf of your clients but are providing transportation management services for your clients Freight that is paid by a third party shall also be included in the FUM total e g inbound shipments from suppliers to you with freight terms of prepaid Full Time Equivalent FTE Student is defined as any full time student enrolled in your institution and any part time student enrolled in your institution counts as 25 of an FTE Student The definition of full time and part time is based on your policies for student classification If the number of FTE Students is a fraction that number will be rounded to the nearest whole number for purposes of license quantity requirements Guest Room is defined as the number of guest rooms managed by the program 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 1K Invoice Line is defined as one thousand invoice line items processed by the program during a 12 month period You may not exceed the licensed number of Invoice Lines during any 12 month period unless you acquire additional Invoice Line licenses from Oracle IVR Port is defined as a single caller that can be processed via the Interactive Voice Response IVR system You must purchase licenses for the number of IVR Ports that
61. if the Oracle program s as delivered to you and used in accordance with the terms of this agreement would not otherwise infringe any third party intellectual property rights Oracle will not indemnify you for any infringement claim that is based on 1 a patent that you were made aware of prior to the effective date of this agreement pursuant to a claim demand or notice or 2 your actions prior to the effective date of this agreement 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 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 policy changes will not result in a material reduction in 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
62. igible 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 immixTechnology Inc Page 24 reformatted 03 25 2013 ORACLE immixTechnology Inc a subsidiary of 1 gt immixGroup 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 fr
63. is actively using the programs at any given time Enterprise Employee is defined as i all of your full time part time temporary employees and ii all of your agents contractors and consultants who have access to use or are tracked by the programs The quantity of the licenses required is determined by the number of Enterprise Employees and not the actual number of users In addition if you elect to outsource any business function s to another company the following must be counted for purposes of determining the number of Enterprise Employees all of the company s full time employees part time employees temporary employees agents contractors and consultants that i are providing the outsourcing services and ii have access to use or are tracked by the programs The value of these program licenses is determined by the number of Enterprise Employees For these program licenses the licensed quantity purchased must at a minimum be equal to the number of Enterprise Employees as of the effective date of your order If at any time the number of Enterprise Employees exceeds the licensed quantity you are required to order additional licenses and technical support for such additional licenses such that the number of Enterprise Employees is equal to or less than the number of licensed quantity You are not entitled to any refund credit or other consideration of any kind if there is a reduction in the number of Enterprise Employees In addition e
64. ities 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 el
65. ity You are not entitled to any refund credit or other consideration of any kind if there is a reduction in the amount of Enterprise M in Revenue In addition each year 90 days before the anniversary date of your order you are required to report to Oracle the number of Enterprise M in Revenue as of such date Exadata and Exalogic Elastic Cloud Installation Services Start Up Packs and Configuration Upgrade Services a description of such Exadata and or Exalogic Elastic Cloud service s is found in the Advanced Customer Services section at www oracle com contracts and is incorporated by reference Expense Report is defined as the total number of expense reports processed by Internet Expenses during a 12 month period You may not exceed the licensed number of expense reports during any 12 month period Faculty User is defined as an active teaching member of the faculty for an accredited academic institution such user may only use the programs for academic and non commercial use Field Technician is defined as an engineer technician representative or other person who is dispatched by you including the dispatchers to the field using the programs M Freight Under Management is defined as one million U S dollars 1 000 000 of the total transportation value of tendered orders for all shipments for a given calendar year during the term of the license FUM shall include the combined total of actual freight purchased by you plus the cost of freig
66. kit is subject to the terms and conditions of this agreement You will defend and indemnify Oracle against any claims by third parties for damages including without limitation reasonable legal fees arising out of any computer programs generated by you utilizing the development tools included in the programs ORACLE DISCLAIMS ANY WARRANTY THAT THE DEVELOPMENT TOOLS INCLUDED IN THE PROGRAMS WILL GENERATE COMPUTER PROGRAMS WITH THE CHARACTERISTICS OR SPECIFICATIONS DESIRED BY YOU OR THAT SUCH GENERATED COMPUTER PROGRAMS WILL BE ERROR FREE e The Oracle Technology Foundation for JD Edwards EnterpriseOne and the Oracle Technology Foundation for JD Edwards EnterpriseOne Upgrade programs each include a limited use license for Oracle Database Standard Edition The database may be used solely in conjunction with any and all licensed JD Edwards EnterpriseOne programs including third party programs licensed for use with JD Edwards EnterpriseOne programs The database may be installed on an unlimited number of processors If you require features and functions beyond those included with the Oracle Database Standard Edition or if you require use of Oracle Database beyond your JD Edwards EnterpriseOne implementation you may purchase a non limited use license by contracting directly with Oracle or one of its authorized distributors e The license for each of these programs also includes a limited use license for the following components of Oracle Fusion Middleware Or
67. lations or documentation Wireless handset is defined as a mobile communications device such as a mobile telephone PDA or paging device that has as primary functions wireless voice communications and data services provided through a service provider Workstation is defined as the client computer from which the programs are being accessed regardless of where the program is installed 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 co
68. le Fusion Middleware Management Pack for Oracle Coherence Coherence Enterprise Edition Coherence Grid Edition immixTechnology Inc Page 28 reformatted 03 25 2013 ORACLE immixTechnology Inc a subsidiary of gd immixGroup Management Pack for Oracle GoldenGate GoldenGate GoldenGate for Non Oracle Database GoldenGate for Mainframe Business Intelligence Server Enterprise Edition Options Interactive Dashboard Delivers Answers Office Plug in and Reporting and Publishing Business Intelligence Server Enterprise Edition Business Intelligence Suite Enterprise Edition Plus Option Business Intelligence Management Pack Business Intelligence Suite Enterprise Edition Plus 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 Financial Management Hyperion Financial Data Quality Management Adapter Suite Hyperion Financial Data Quality Management Adapter for SAP Beehive Platform Hyperion Financial Data Quality Management Hyperion Financial Data Quality Management for Hyperion Enterprise Option Hyperion Financial Data Quality Management Adapter Suite Hyperion Financial Data Quality Management for Hyperion Enterprise Hyperion Data Integration Management Options Hyperion Data Integration Managemen
69. ll use license of Business Intelligence Publisher Business Intelligence Publisher may be installed on an unlimited number of processors The development tools included with these programs may be used solely with the licensed JD Edwards EnterpriseOne programs and may not be used to create new applications You will defend and indemnify Oracle against any claims by third parties for damages including without limitation reasonable legal fees arising out of any computer programs generated by you utilizing the development tools included in the programs ORACLE DISCLAIMS ANY WARRANTY THAT THE DEVELOPMENT TOOLS INCLUDED IN THE JD EDWARDS ENTERPRISE ONE PROGRAM WILL GENERATE COMPUTER PROGRAMS WITH THE CHARACTERISTICS OR SPECIFICATIONS DESIRED BY YOU OR THAT SUCH GENERATED immixTechnology Inc Page 30 reformatted 03 25 2013 ORACLE immixTechnology Inc a subsidiary of eg immixGroup COMPUTER PROGRAMS WILL BE ERROR FREE The Technology Foundation and Technology Foundation Upgrade programs each include the following IBM Components IBM DB2 Universal Database IBM WebSphere Application Server and IBM WebSphere Portal as contained in Collaborative Portal IBM Components may be used solely in conjunction with any and all licensed JD Edwards EnterpriseOne programs including third party programs licensed for use with JD Edwards EnterpriseOne programs You may obtain a general license for any of the IBM Components by contracting direct
70. lover 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 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 The aforementioned right does not cover any other data recovery method such as remote mirroring where the Oracle program binary files are copied or synchronized 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 i
71. ly with IBM or one of its authorized distributors The development tools included in this program may be used solely with the licensed JD Edwards EnterpriseOne programs and may not be used to create new applications You will defend and indemnify Oracle against any claims by third parties for damages including without limitation reasonable legal fees arising out of any computer programs generated by you utilizing the development tools included in the programs ORACLE DISCLAIMS ANY WARRANTY THAT THE DEVELOPMENT TOOLS INCLUDED IN THE PROGRAMS WILL GENERATE COMPUTER PROGRAMS WITH THE CHARACTERISTICS OR SPECIFICATIONS DESIRED BY YOU OR THAT SUCH GENERATED COMPUTER PROGRAMS WILL BE ERROR FREE Licensing Rules for Oracle E Business Suite Applications You are responsible for ensuring compliance with the application licensing prerequisites as specified in the Applications Licensing Table which may be accessed at http oracle com contracts The option Activity Hub B2B is only available with the Siebel Customer Universal Master component of the Customer Hub B2B program The option Field Service Hub B2B is only available with the Siebel Customer Universal Master component of the Customer Hub B2B program The option Marketing Hub B2B is only available with the Siebel Customer Universal Master component of the Customer Hub B2B program The option Sales Hub B2B is only available with the Siebel Customer Universal Master component of the Customer Hub B2B pro
72. m 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 for Oracle Technology Programs and Oracle Business Intelligence Applications Failover 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 corporate pricing pricelists 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 fai
73. mmixTechnology Inc Page 23 reformatted 03 25 2013 ORACLE immixTechnology Inc a subsidiary of 1 gt immixGroup WebLogic Server Standard Edition does not include WebLogic Server Clustering x 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 pro
74. mp Support services are provided under the applicable technical support policies in effect at the time the services are provided You must obtain a subscription license for all servers where MySQL Cluster Carrier Grade Edition MySQL Enterprise Edition and or MySQL Standard Edition are deployed and for all servers where MySQL Community Edition is deployed If you obtain Oracle Software Update License amp Support services for any servers where MySQL Community Edition is deployed then you must also purchase a subscription license for all of such servers for which you have obtained Oracle Software Update License amp Support immixTechnology Inc Page 16 reformatted 03 25 2013 ORACLE immixTechnology Inc a subsidiary of cd immixGroup services You may obtain Oracle Software Update License amp Support services for the MySQL Community Edition subscription licenses at any level e g at the MySQL Cluster Carrier Grade Edition level at the MySQL Enterprise Edition level and or at the MySQL Standard Edition level At the end of the specified term you may renew your subscription if available at the then current fees for the applicable subscription If you choose not to renew your subscription your right to use the program s will terminate and you must de install all applications tools and binaries provided to you under the applicable non Community Edition license e g the license for MySQL Cluster Carrier Grade Edition MySQL Enterprise
75. n a single server or on multiple servers regardless of whether the individual is actively using the programs at any given time If you license the Oracle Self Service Work Request option in conjunction with Oracle Enterprise Asset Management you are required to maintain licenses for the equivalent number of Application Users licensed and you are granted unlimited access to initiate work requests view work request status and view scheduled completion dates for your entire employee population Application Users licensed for Oracle Order Management are allowed to manually enter orders directly into the programs but any orders entered electronically from other sources must be licensed separately For Oracle Sourcing Oracle Fusion Sourcing Oracle iSupplier Portal Oracle Fusion Supplier Portal Oracle Services Procurement PeopleSoft eSupplier Connection PeopleSoft Strategic Sourcing and JD Edwards Supplier Self Service programs use by your external suppliers is included with your application user licenses Application Read Only User is defined as an individual authorized by you to run only queries or reports against the application program for which you have also acquired non read only licenses regardless of whether the individual is actively using the programs at any given time Brand is defined as a named product offering that corresponds to a specific molecular entity including multiple dosage forms and multiple strengths for the same molecular entity
76. ncluding deemed export and deemed re export regulations You agree that no data information program hardware including any integrated software and operating system s 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 You shall include the following notice on packing lists commercial invoices shipping documents and other documents involved in the transfer export or re export of the programs and hardware including any integrated software and operating system s These commodities technology software or hardware including any integrated software and operating system s were exported in accordance with U S Export Administration Regulations and applicable export laws Diversion contrary to applicable export laws law is prohibited h Other Subsection O 3 of the Other section of the agreement is deleted in its entirety and replaced with the following immixTechnology Inc Page 9 reformatted 03 25 2013 ORACLE immixTechnology Inc a subsidiary of g immixGroup You may not assign this agreement or give or transfer the programs the operating system the integrated software and or any services or an interest in them to another individual or entity
77. nforming supplies or services The Government must exercise its post acceptance rights 1 Within the warranty period and 2 Before any substantial change occurs in the condition of the item unless the change is due to the defect in the item 2 Commencement Date a For the hardware operating system and integrated software the commencement date shall be the date the hardware is delivered The period of performance for all related services is effective upon shipment of hardware or upon the effective date of the order if shipment of hardware is not required b For all program licenses the commencement date is the date of shipment of tangible media or upon the effective date of the 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 the order if shipment of tangible media is not required 3 Territory a The hardware shall be installed in the country that you specify as the delivery location on your purchasing document or when your purchasing document does not indicate a ship to address the location specified in the order b The program licenses shall be for use as designated on each order 4 Pricing Invoicing and Payment Obligation a 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 s
78. nless otherwise specified in the ordering document 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 including without limitation outsourcers to use the programs for this purpose and you are responsible for their compliance with this agreement in such use For programs that are specifically designed to allow your customers and suppliers to interact with you in the furtherance of your internal business operations such use is allowed under this agreement If accepted Oracle will notify you and this notice will include a copy of your agreement Program documentation is 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 except technical support services which are as specified in section H of this agreement Upon payment for services you have the non exclusive non assignable royalty free perpetual limited right to use for your internal business operations anything developed by Oracle and delivered to you under this agreement however certain deliv
79. nse means that the Hyperion Essbase Plus Hyperion Financial Reporting Hyperion Web Analysis and Oracle Data Integrator Target Database 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 immixTechnology Inc Page 26 reformatted 03 25 2013 ORACLE immixTechnology Inc a subsidiary of gd immixGroup If you purchase Named User Plus licenses for the programs listed below you must maintain the following user minimums and user maximums Program Name Named User Plus Minimum Oracle Database Enterprise Edition Times Ten In Memory Database Cloud
80. nty to the extent that the problems are attributable to such use vi relocated to the extent that problems are attributable to such relocation vii used directly or indirectly in supporting activities prohibited by U S or other national export regulations viii used by parties appearing on the most current U S export exclusion list relocated to countries subject to U S trade embargo or restrictions used remotely to facilitate any activities in the countries referenced in ix above or xi purchased from any entity other than Oracle or an Oracle authorized reseller immixTechnology Inc Page 7 reformatted 03 25 2013 ORACLE immixTechnology Inc a subsidiary of 4 immixGroup 4 Delivery Installation and Acceptance of Hardware a You are responsible for installation of the hardware unless you purchase installation services from Oracle with respect to such hardware b Oracle will deliver the hardware to the delivery address specified by you on your purchasing document or when your purchasing document does not indicate a ship to address the location specified on the order The applicable country specific hardware shipping terms are located in the Order and Delivery Policies which may be accessed at http oracle com contracts c Reserved d Reserved e Oracle may make product substitutions and modifications that do not cause a material adverse effect in overall hardware performance f Oracle will use its reasonable commercial
81. olicies 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 Upon termination and except where prohibited by law or regulation Customer 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 Except for nonpayment of fees the non breaching party may agree in its sole discretion 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 breach under this agreement you may not use those programs and or services ordered You further agree that if you have used an Oracle Financing 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 that are subject to such contract Provisions that survive termination or expiration are those relating to limitation of liability infringement indemnity payment and others which by their nature are intended to survive J Disclaimer Regarding Future Availability of Products You agree that you have not relied on the future availability of any programs or updates in entering into the payment obligations in your ordering document however a if you order SULS for programs the preceding sentence does not relieve Oracle of its obli
82. om source systems not supported by the prepackaged data warehouses require a full use license of Oracle Business Intelligence Foundation Suite or iii the 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
83. on 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 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 programs
84. or the purposes of determining the number of Managed Resource licenses required Member Record is defined as each unique customer loyalty program Member Record managed by the program 100K Member Records shall mean one hundred thousand Member Records Module is defined as each production database running the programs Monitored User is defined as an individual who is monitored by an Analytics program which is installed on a single server or multiple servers regardless of whether the individual is actively being monitored at any given time Individual users who are licensed for an Analytics program by either Named User Plus or Application User may not be licensed by Monitored User For the purposes of the Usage Accelerator Analytics program every user of your licensed CRM Sales application program must be licensed For the purposes of the Human Resources Compensation Analytics program all of your employees must be licensed For the purpose of the following Oracle Governance Risk and Compliance applications Application Access Controls Governor Application Access Controls for E Business Suite Configuration Controls Governor Configuration Controls for E Business Suite Transaction Controls Governor Preventive Controls Governor and Governance Risk and Compliance Controls Suite the number of Monitored Users is equal to the total number of unique E Business Suite users individuals being monitored by the program s as created defined in the User
85. program licenses the licensed quantity purchased must at a minimum be equal to the amount of Enterprise M Cost of Goods Sold as of the effective date of your order If at any time the amount of Enterprise M Cost of Goods Sold exceeds the licensed quantity you are required to order additional licenses and technical support for such additional licenses such that the amount of Enterprise M Cost of Goods Sold is equal to or less than the number of licensed quantity You are not entitled to any refund credit or other consideration of any kind if there is a reduction in the amount of Enterprise M Cost of Goods Sold In addition each year 90 days before the anniversary date of your order you are required to report to Oracle the number of Enterprise M Cost of Goods Sold as of such date Enterprise M in Freight Under Management M Freight Under Management is defined as one million U S dollars 1 000 000 of the total transportation value of tendered orders for all shipments for a given calendar year during the term of the license FUM shall include the combined total of actual freight purchased by you plus the cost of freight for shipments managed by you e g you are not purchasing transportation services on behalf of your clients but are providing transportation management services for your clients Freight that is paid by a third party shall also be included in the FUM total e g inbound shipments from suppliers to you with freight terms of prep
86. rom 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 the foregoing prohibition includes but is not limited to review of data structures or similar materials produced by programs 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 i e via physical shipment or electronic download You must notify Oracle of any program warranty deficiency within one year after delivery Oracle also warrants that services 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 deficient services ORACLE DOES NOT GUARANTEE THAT THE PROGRAMS WILL PERFORM ERROR FREE OR UNINTERRUPTED OR THAT ORACLE WILL CORRECT ALL PROGRAM ERRORS 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
87. sor 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
88. spect records and records in external data sources that you may access using the program Developer User Developer Developer Seat 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 With respect to Developer Users only such users may create modify view and interact with the programs and documentation Disk Drive is defined as a spinning media device that stores data accessed by the Oracle Exadata Storage Server immixTechnology Inc Page 12 reformatted 03 25 2013 ORACLE immixTechnology Inc a subsidiary of eg immixGroup Software program Electronic Order Line is defined as the total number of distinct order lines entered electronically into the Oracle program from any source not manually entered by licensed users during a 12 month period This includes order lines originating as external EDI XML transactions and or sourced from other Oracle and non Oracle applications You may not exceed the licensed number of order lines during any 12 month period Employee is defined as i all of your full time part time temporary employees and ii all of your agents contractors and consultants who have access to use or are tracked by the programs The quantity of the licenses required is determined by the number of Employees and not the actual number of users In addition
89. stalled on a single server or multiple servers regardless of whether or not the individual is actively using the programs at any given time 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 Oracle Standard Installation Services a description of such hardware installation service s is found in the Advanced Customer Services section at www oracle com contracts and is incorporated by reference Order Line is defined as the total number of order entry line items processed by the program during a 12 month period Multiple order entry line items may be entered as part of an individual customer order or quote and may also be automatically generated by the Oracle Configurator You may not exceed the licensed number of Order Lines during any 12 month period unless you acquire additional Order Line licenses from Oracle Order Management User is defined as an individual authorized by you to use the applicable licensed application 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 Order Management Users are allowed to manually enter orders directly into the programs but any orders entered electronically from other sources must be licensed separately Orders is defined as the total number of distinct orders for all programs tha
90. standing anything to the contrary you shall not have the right to use the functionality currently referred to as Verity search engine provided as part of this program for the purpose of developing applications You may use PeopleTools Restricted Development to develop interfaces and modifications including creation of new application data tables only to the PeopleSoft Enterprise programs you have licensed Oracle will deliver this program to you per the delivery terms in your order The Process Modeler Client program may only be used with PeopleSoft Enterprise or JD Edwards EnterpriseOne programs you have licensed from Oracle You shall not use this program with any other software The license for the Student Administration program includes a limited use license for the Human Resources Benefits Administration and the Payroll for North America programs Such limited use license means that the Human Resources Benefits Administration and the Payroll for North America Software modules shall only be used in order to access the features and functions of the Student Administration program Your use of the Student Administration program is subject to the additional terms and conditions set forth in the INAS Software Supplement located at http oracle com contracts Licensing Rules for Primavera Applications You are responsible for ensuring compliance with the application licensing prerequisites as specified in the Applications Licensing Table w
91. stored in a component of Customer Hub B2B A customer database record is a unique business entity or company record which is stored as an account for the Siebel Universal Customer Master B2B product or as an organization for the Oracle Customer Data Hub product The Customer Hub B2C is a bundle that includes two components Siebel Universal Customer Master B2C and Oracle Customer Data Hub For the purposes of the Customer Hub B2C application record is defined as the total number of unique customer database records stored in the Customer Hub B2C application i e stored in a component of Customer Hub B2C A customer database record is a unique consumer i e physical person record which is stored as a contact for the Siebel Universal Customer Master product or as a person for the Oracle Customer Data Hub product The Product Hub is a bundle that includes two components Siebel Universal Product Master and Oracle Product Information Management Data Hub For the purposes of the Product Hub application record is defined as the total number of unique product database records stored in the Product Hub application i e stored in a component of Product Hub A product database record is a unique product component or SKU stored in the MTL_SYSTEM_ITEMS table with an active or inactive status and does not include any instance items i e star items or organization assignments of the same item For the purposes of the Case Hub program a record is defined
92. t Source Adapter Hyperion Data Integration Management Team Based Development Hyperion Data Integration Management 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 Licensing Rules for ATG Applications You are responsible for ensuring compliance with the application licensing prerequisites as specified in the Applications Licensing Table which may be accessed at http oracle com contracts e The Oracle ATG Web Commerce Business Intelligence program and the Oracle ATG Web Commerce Business Intelligence Administrator program may only be used in conjunction with either the Oracle ATG Web Commerce program and or the Oracle ATG Web Knowledge Manager program You may however expand your data model to include other information provided the additional information supplements information is already included in the Oracle ATG Web Commerce program or in the Oracle ATG Knowledge Manager program e The Cognos BI Consumer Bundle is included in the Oracle ATG Web Commerce Business Intelligence program and is comprised of a one 1 reporting engine for anonymous viewers consisting of no more than two 2 processors and four 4 total cores b unlimited anonymous report viewer seat licenses c one 1 Named BI Web Administrator seat license
93. t are a part of Electronic Orders entered electronically not manually entered by licensed professional users through EDI XML or other electronic means including purchase orders transmitted from Oracle Purchasing during a 12 month period You may not exceed the licensed number of orders during any 12 month period Partner Organization is defined as an external third party business entity that provides value added services in developing marketing and selling your products Depending upon the type of industry partner organizations play different roles and are recognized by different names such as reseller distributor agent dealer or broker Person is defined as your employee or contractor who is actively working on behalf of your organization or a former employee who has one or more benefit plans managed by the system or continues to be paid through the system For Project Resource Management a person is defined as an individual who is scheduled on a project The total number of licenses needed is to be based on the peak number of part time and full time people whose records are recorded in the system Physical Server is defined as each physical server on which the programs are installed Ported Number is defined as the telephone number that end users retain as they change from one service provider to another This telephone number originally resides on a telephone switch and is moved into the responsibility of another telephone switch Proces
94. t contains valuable proprietary information Oracle retains title to all portions of the UPK content and any copies thereof You shall use UPK content modifications created by you solely for your internal use in accordance with the terms of this agreement You may provide access to and use of the UPK content only to those third parties that are licensed as UPK Users and that a provide services to you concerning your use of the UPK content b have a need to use and access the UPK content and c have agreed to substantially similar non disclosure obligations imposed by you as those contained in this agreement Licensing Rules for MySQL Programs The MySQL programs may contain third party technology Oracle may provide certain notices to you in program documentation readme files or the installation details in connection with such third party technology Third party technology will be licensed to you either under the terms of the agreement or if specified in the program documentation readme files or the installation details under separate license terms separate terms and not under the terms of the agreement separately licensed third party technology Your rights to use such separately licensed third party technology under the separate terms are not restricted in any way by the agreement immixTechnology Inc Page 33 reformatted 03 25 2013
95. the licensed quantity you are required to order additional licenses and technical support for such additional licenses such that the amount of Enterprise M in Operating Budget is equal to or less than the number of licensed quantity You are not entitled to any refund credit or other consideration of any kind if there is a reduction in the amount of Enterprise M in Operating Budget In addition each year 90 days before the anniversary date of your order you are required to report to Oracle the number of Enterprise M in Operating Budget as of such date Enterprise M in Revenue Enterprise M in Revenue is defined as one million U S dollars 1 000 000 in all immixTechnology Inc Page 14 reformatted 03 25 2013 ORACLE immixTechnology Inc a subsidiary of gd immixGroup income interest income and non interest income before adjustments for expenses and taxes generated by you during a fiscal year The value of these program licenses is determined by the amount of Enterprise M in Revenue For these program licenses the licensed quantity purchased must at a minimum be equal to the amount of Enterprise M in Revenue as of the effective date of your order If at any time the amount of Enterprise M in Revenue exceeds the licensed quantity you are required to order additional licenses and technical support for such additional licenses such that the amount of Enterprise M in Revenue is equal to or less than the number of licensed quant
96. the product your name your company name if applicable your return mailing address and your email address Certain source distributions require a fee for physical media Should this be the case you will be sent details on the cost and payment procedure via email Your request must be sent within three 3 years of the date of our last delivery of the applicable product This offer only applies if you received your operating system and or integrated software on physical media e You may only make copies of the operating system and integrated software for archival purposes to replace a defective copy or for program verification You shall not remove any copyright notices or labels on the operating system or integrated software You shall not decompile or reverse engineer the operating system or integrated software f Oracle may include additional programs on the hardware e g Exadata Storage Server software You are not authorized to use those programs unless you have a license specifically granting you the right to do so however you may use programs for trial non production purposes for up to 30 days from the date of delivery provided that such use is subject to the terms for trial programs in the agreement immixTechnology Inc Page 6 reformatted 03 25 2013 ORACLE immixTechnology Inc a subsidiary of gd immixGroup g You acknowledge that to operate certain hardware your facility must meet a minimum set of requirements as
97. ubject 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 b Inentering into payment obligations under an 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 an order and the agreement immixTechnology Inc Page 10 reformatted 03 25 2013 ORACLE immixTechnology Inc a subsidiary of d immixGroup c Reserved d Reserved e Reserved f Reserved g Reserved T 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 incorporated in and made a part of this agreement License Definitions and Rules Definitions and License Metrics Adapter is defined as each software code interface installed on each Oracle Internet Application Server Enterprise Edition which facilitates communication of information b
98. us per Processor WebCenter Real Time Collaboration 10 Named Users Plus per Processor WebCenter Intelligent Collaboration 10 Named Users Plus per Processor On Track Communication Standard Edition 10 Named Users Plus per Processor On Track Communication Enterprise Edition 10 Named Users Plus per Processor Enterprise Gateway for Access Management 10 Named Users Plus per Processor Beehive Enterprise Messaging Server 10 Named Users Plus per Processor Beehive Enterprise Collaboration Server 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 Business Intelligence Standard Edition One 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 ma
99. y 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 Oracle Database Enterprise Edition Audit Vault Server Application Clusters Real Application Clusters One Node Partitioning OLAP Data Mining Spatial Advanced Security Label Security Database Vault Active Data Guard Real Application Testing Advanced Compression Total Recall Retail Data Model Communications Data Model Database Enterprise Management Diagnostics Pack Tuning Pack Database Lifecycle Management Pack Cloud Management Pack for Oracle Database RDB Server Options TRACE Rdb Enterprise Edition CODASYL DBMS WebLogic Suite Options BPEL Process Manager WebLogic Suite Option Service Bus SOA Suite for Oracle Middleware Business Process Management Suite Application Server Enterprise Management Associated application server program being managed WebLogic Server Management Pack Enterprise Edition by the program in Column A SOA Management Pack Enterprise Edition Cloud Management Pack for Orac

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