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HomeMy WebLinkAboutLicense Definitions & Rules 2ORACLE' License Definitions and Rules To fully understand Customer's license grant, Customer needs to review the definition for both the licensing metric and term designation which are listed below. panitionuniUSSAlle Metric,. Adapter: is defined as each software code interface, installed on each Application Interconnect hub, which facilitates communication of information between third party software applications and Oracle Programs, SM Annual Transaction Volume: is defined as one million U.S. dollars in all purchase orders transacted and all auctions conducted through the Oracle Exchange Marketplace by Customer 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. SM Annual Transportation Spend: is defined as one million U.S. dollars in all transportation and logistics service purchase orders, auctions and Request for Quotes (RFQs) conducted through the Oracle Transportation by Customer and others during the applicable year. Auctions and RFQs must be counted regardless of whether the auction or RFQ results in a purchase order; if an auction or RFQ results in a purchase order it shall only be counted toward the Annual Transportation Spend once. If the Annual Transportation Spend is unknown to Customer, then the Annual Transportation Spend shall be equal to 15% of total company revenue. ication Programs which are Application User:rsultiple servers regardless of whether the individual is actively using ng he Programs at any given installed ed on a defined as an individual authorized by Customer to use the ime, single server orroon m Application Read -Only User: is defined as an individual authorized by Customer to run only queries or reports against application Programs for which Customer has acquired Application User licenses. 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. Customer may not exceed the licensed number of CRF Pages during any 12 month period unless Customer acquire additional CRF Page licenses from Oracle. 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, Customer employees, contractors, retirees, and any other Person. Computer: is defined as the computer on which the Programs arc installed. A Computer license allows Customer to use the licensed Program on a single specified computer. s sold SM Cost l Gaols Sold: is o defined as one s Sold is unknown to Customerlion U.S. dollars in le thental Cost of Gost of oods Soldtshall be equal oa75% of total their fiscal year. If Cost of com)ny revenue. i n Education Prepaid Credit (EPPC): may be used to acquire education products and services, atthe d scouation, nt at stated i time the applicable order, as specified in the Oracle University online catalogue, postedhttp://wwworacle.co products the r services are ordered. ee EPPC nand all unused EPPC wiis valid for 12 ll expireonths ratnthe date the EPPC is the end of the enn. Customerdmay be required to stated In the applicable order for execute standard Oracle ordering materials when using an EPPC to order education products or services. Employee: is defined as an active employee of Customer. (note: The value of these f applications pl imer active employees Is d must bsby the ize of the ed active employee population and not the number of actual users. Therefore, all in Customer order when licensing these applications.) Entry: is defined es a unique item (e.g., object, person, entity or item of information) stored within the Programs. Replicated entries stored within the Program on multiple servers are counted as a single entry. Page 1 of4 SLSAdef_V 120101 Expense Report: is defined as the total number of expense reports processed by Internet Expenses during a 12 month period. Customer may not exceed the licensed number of expense reports during any 12-month period. Field Technician: is defined as an engineer, technician, representative, or other person who is dispatched by Customer to the field using the Programs. Hosted Named User: is defined as an individual authorized by Customer to access the hosted service, regardless of whether the individual is actively accessing the hosted service at any given time. 1Learning: is defined as a web based learning environment that is made available to Customer subject to the terms of this agreement and Oracle's iLearning Access Policies, Oracle's iLearning Access Policies are located at http:l/www.oracie.com/applications/ilearning/index.html?il_access.html, and may be updated by Oracle from time to time without notice to Customer. implementation Services, Packaged Methods, Architecture Services, Accelerator Services and Workshops Each Implementation Service, Packaged Method, Architecture Service, Accelerator Service and Workshop is provided subject to the statement of obligation for that particular offering and Oracle's consulting services policies. Oracle's consulting services policies are located at http://www.oracle.conlconsultinglpolicies1index.html?content.html, and are subject to change. Invoice Line: is defined as the total number of invoice line items processed by the Program during a 12 month period. Customer may not exceed the licensed number of invoice Lines during any 12 month period unless Customer acquires additional Invoice Line licenses from Oracle. Module: is defined as each production database running the Programs. Named User is defined as an individual authorized by Customer to use the programs which are installed on a single server or multiple servers, regardless of whether the individual is actively using the programs at any given time. A non human operated device will be counted as a Named User 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. OFD Agreement: is an agreement between Customer and Oracle (or one of Oracle's affiliates) that provides for payments over time of sonic or all of the sums due under Customer's order. Oracle Learning Network (OLN): OLN is a web based learning environment that is made available to Customer subject to the terms of the Agreement and Oracle's OLN Hosting Access Policies. Oracle's OLN Hosting Access Policies are located at httpa/www.oracle.com/education/oln/index.html?o1n_policies.html, and may be updated by Oracle from lime to time without notice to Customer. 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. Customer may not meet' the licensed number of Order Lines during any 12 month period unless Customer acquires additional Order Line licenses from Oracle. Partner User is defined as an individual authorized by emu:inter to use the Oracle Partners Online program which is installed on a single server or on multiple servers regardless 4f whether the individual is actively using the Oracle Partners Online program at any given time. Person: is defined as Customer's employee or contractor who is actively working on behalf of Customer's 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 Time and Labor, a person is defined as an employee or contractor whose time or labor (piece work) or absences are managed by 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. SLSAdef_V 120101 Page 2 of 4 Ported Number: is defined as the telephone number that end users retain as they change from one service provider to anther. This telephone number originally resides on a telephone switch and is moved into the responsibility of another telephone switch. Primary Usage: is defined as each Application User of the following applications: Financials, Discrete Manufacturing, Process Manufacturing, Project Costing and Purchasing. Each such Application User is counted only once based on primary usage. Customere o must how many des Ahe Application t onon ers Customer is licensing for each User with the right to use any or all of the other applicaon. Primary tion Programs listsage of one of ed applications listed above provides the App above for which Customer is licensed. Primary Usage does not provide Customer with the right to use other application ro Programs including the extensions or options to the application Programs listed above. • Processor: shall be defined as all processors where the Oracle programs arc installed and/or rarunningand , o ra partlicensed on a Processor basis may be accessed by Customers internal users (including agents and ant Program Documentation: is defined as the program user manual and program installation manuals. Purchase Line: is defined as the total number of purchase line items processed by the application during a 12 month period. Multiple purchase lines may be created on either a requisition or purchase order or may be or (Procurement Purha a Lines are counted as all lineitems n an approvedrequisit on created Oragenerated by other Application programs F in iProeurement. For iSupplier Portal and Purchasing Intelligence, Purchase Lines are counted as the line itetna on pure ass s does not include orders application, p customrough each °not exceed the Iic nsed hose applications. Lumber of Purchase Lie durington on any 12the same purchase month period unlessrder. For Customer acquh esadiion l ar may acquires additional Purchase Line licenses from Oracle. Customer may acquire a different number of Purchase Line licenses for each program(the number of Purchase Lines for iProcurement could be a smaller number than for iSupplier Portal). SM In Revenue: is defined as one million U.S. dollars in all income (interest income and non interest income) before adjustments for expenses and taxes generated by Customer during a fiscal year. sed by e ram during a 12 Service Order uis er tined d tentotal number ebms maybece order entry line items entered as part of an individual scustomer service order or quote. month period. noteMultiple service order entry Customer may not exceed the licensed number of Service Order Lines during any 12 month period unless Customer acquires additional Service Order Line licenses from Oracle. Student: is defined as any named user enrolled in the University. citable handset or paging that Subscriber: is defined as (a) a working telephone number for all wireline devices; a(b) a portable tial drop h nosa nonresidential device that has been activated by Customer for wireless communications and paging; (c) aggregate allice serviced ofby a cable hers. If or sd)to a live'business ed is not defined in heility meter . The total number of primary definition bscribers is equal to of Subscriber bove,eSub Subscriber ofs ps e Subscribers. If Customer's defined as each U.S. $1,000 increment of Customer's gross annual revenue as reported to the SEC in Customer's annual report or the equivalent accounting or reporting document. Suite: is defined as all the functional software components described in the product documentation. Tectinlc1Reference Manuals Technical Reference Manuals ("TRMs") are Oracle's uses of: (a) implementing applicatial information, tions programs, interfacing other s solely for Customer's internal data processing operations for purposes software ot disclose, hardware rms to tees disclosons ure useb yo hers of the Ts and (c) Rlding extensions to applications programs. RMs for any other purpose. Customer shall not Customer se he shale not direloee, use or permit tre tit TRMs a create software that performsdga of cart to safeguard the confidentiality of the TRMs as Customer exercises to safeguard exercise either at of the same deg the confidentiality agreements with most e's em iloyees and agents anfidential ft protect the confidentiality and proprietary rightsrofthe co fi maintain agreements with pus P instruct confidential information)resitdof isclosrdure parties he TRMsOracle to thosedof Customer's employees andsag agents who haves a requirements "need toe know" the TRMs; restrict purposes poses re f consistent with the purposes for welth ers proprietary o confidential legends or markings pieMs at all d upontimes on the TRMsusOracla shallrretat and (e) not to rernove or destroy any p p Page 3 of 4 SLSAdef V 120101 all title, copyright and other proprietary rights in the TRMs. TRMs are provided to Customer "as -is" without any warranty of any kind. Upon termination, Customer shall cease using, and shall return or destroy, all copies of the applicable TRMa. Technical Support For purposes of the ordering document, technical support consists of Updates Subscription Service, Product Support and/or other annual technical support services Customer may have ordered. If ordered, annual technical support 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 and may contain additional terms, and 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 htip://oracle.com/suppoNindex.html?policies.html. Technical support acquired with Customer's order may be renewed annually and for the initial two renewal years the technical support fee will not increase by more 5% over the prior year's fees. If Customer's order is fulfilled by a partner, the technical support fee for the first renewal year will be based on Oracle's then current renewal policy for partner licenses; the technical support fee for the second renewal year will not increase by more than 5% over the prior year's fees. if Customer decides to maintain technical support for some but not all of the licenses within a license set, Customer may be required to terminate the licenses for which technical support has lapsed. Trainee: is defined es an employee, contractor, student or other person who is being recorded by the program. Workstation: is defined as the client computer from which the Programs are being accessed, regardless of where the Program is installed, Tenn DealenatIoa if Customer's Program license does not specify a term, the Program license is perpetual and shall continue unless terminated as otherwise provided in the Agreement. 4 Year Tertn: A Program license specifying a 4 Year Term shall commence on the Effective Date of the order and shall continue for a period of 4 years. At the end of the 4 Year Term the Program license shall terminate. 2 Year Term: A Program license specifying a 2 Year Tent shall commence on the Effective Date of the order and shall continue for a period of 2 years. At the end of the 2 Year Term the Program license shall terminate. T Year Hosting Term: A Program license specifying a 1 Year Hosting Term shall commence an the Effective Date of the order and shall continue for a period of I year. At the end of the 1 Year Hosting Term the Program license shall terminate. A Program license specifying a 1 Year Hosting Tenn may only be used for providing internal hosting services. Jicepsing Rddee Customer is responsible for ensuring that the following user minimums are maintained per Program: Program Oracle Database Enterprise Edition Rdb Enterprise Edition CODASYL DBMS Internet Application Server Standard Edition Internet Application Server Enterprise Edition Named User Minimum 10 Named Users pet Processor 10 Named Users per Processor 10 Named Users per Processor 10 Named Usersycr Processor 10 Named Users per Processor Customer is responsible for ensuring that the following restrcttons are not violated: • Oracle Database Standard Edition may only be used on machines which have the ability to run a maximum of four processors. • The number of Enterprise Edition option licenses, Enterprise Manager licenses and Rdb Server option licenses must match the number of licenses of the associated database. • The number of Internet Application Server Enterprise Edition option licenses must match the number of licenses of the associated Internet Application Server. 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