HomeMy WebLinkAboutLicense & RulesORACLE'
License Definitions and Rules
To fully understand Customer's license grant, Customer needs to review the definition for the licensing metric and term
designation as well as the licensing rules which are listed below.
pelinitions 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 between 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 in all purchase orders transacted and: all auctions`
contlucted 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.
Applications National Language Support (NLS) Supplement CD Packs
Please be advised that only a subset of the products included on an Applications NLS Supplement CD Pack have been translated.
For existing supported customers, MetaLink has information on which products have been translated for the supported languages
(httpJ/metali.tt_k oracle.com). For new or unsupported customers. please contact your Oracle Account Manager for this
information.
Application User, Enterprise Asset Management (EAM) User, Field Saks User, Financials User, Inventory/Shipping User,
Marketing User, Manufacturing User, Purchasing User, Telesales User,: is defined as an individual authorized by Customer
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. If Customer licenses the Self Service Work Request
option in conjunction with EAM, Customer is required to maintain licenses for the equivalent number of EAM Users licensed and
Customer is granted unlimited access to initiate work requests, view work request status and view scheduled completion dates for
Customer's entire employee population.
Application Read -Only User: is defined as an individual authorized by Customer to run only queries or reports against the
following application Programs for which Customer has also acquired non -read only application user licenses: Financials.
Purchasing, Project Costing, Sales Contracts, Service Contracts, Project Contracts, Discrete Manufacturing and Process
Manufacturing.
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.
Collaboration Program User: is defined as an individual authorized by Customer 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 Web Conferencing users, a Collaboration Program User within Customer's
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 Customer's 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, Customer employees, contractors, retirees, and any
other Person.
Computer: is defined as the computer on which the Programs are installed. A Computer license allows Customer to use the
licensed Program on a single specified computer.
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SM Cost of Goods Sold: is defined as one million U.S. dollars in the total cost of inventory that a company has sold during their
fiscal year. If Cost of Goods Sold is unknown to Customer then Cost of Goods Sold shall be equal to 75% of total company
revenue.
Electronic Order Line: is defined as the total number of distinct order lines entered electronically into the Oracle Order
Management application from any source (not manually entered by licensed Order Management Users, Professional Users 2003
or Professional Users 2003 - External) 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. Customer may not exceed the licensed number of
ordcr lines during any 12 month period.
Employee: is defined as an active employee of Customer. (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 Customer active employees must be included In
Customer order when licensing these applications.)
. Employee User: is deflned as an individual authorized by Customer to use the application Progrant's which are installed on a
single server or multiple servers; regardless of whether or not' the individual Is actively using. the Programs at any. given time:
Customer's human resource personnel that require access to the Oracle Self Service Human Resources program may not be
licensed as Employee Users, but must be licensed aS Professional Users. Additionally, Customer's technical support personnel
that require access to the Oracle iSupport program may not be licensed as Employee Users, but must be licensed as Professional
Users.
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 I2-month period.
Field Technician: is defined as an engineer, technician, representative, or other person who is dispatched by Customer, including
the dispatchers, to the field using the Programs.
Full Time Equivalent (FTE) Student: is defined as any full-time student enrolled in Customer's institution and any part-time
student enrolled in Customer's institution counts as 25% of an FTE Student. The definition of "full-time" and "part-time" is based
on Customer's policies for student classification. lithe number of FTE Students is a fraction, that number will be rounded to the
nearest whole number for purposes of license quantity requirements.
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.
!Learning Subscription: is defined as a web based learning environment that is made available to Customer subject to the terms
of this agreement and Oracle's learning Subscription Policies. Oracle's iLearning Subscription Policies may be accessed at
httpJ/oracle.com/contracts, and may be updated by Oracle from time to time without notice to Customer.
Implementation Services, Packaged Methods, Architecture Services, Accelerator Services, Assessment Services and
Workshops
Each Implementation Service, Packaged Method, Architecture Service, Accelerator Service, Assessment Service and Workshop is
provided subject to the statement of obligation for that particular offering and Oracle's consulting services policies. Oracle's
consulting services policies may be accessed at: http:l/oracle.com/contracts, and are subject to change.
1K Invoice Line: is defined one thousand 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.
Learning Credits: may be used to acquire education products and services offered in the Oracle University online catalogue
which may be accessed at http://oracle.com/contracts 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 Customer orders the relevant product or service, and may not be
used for any product or service that is subject to a promotional discount. Learning Credits are valid for a period of 12 months
from the date Customer's order is accepted by Oracle, and Customer must acquire products and must use any acquired services
prior to the end of such period. Customer may only use Learning Credits in the country in which Customer acquired them, may
not use them as a payment method for additional Learning Credits, and may not use different Learning Credit accounts to acquire
a single product or service. Customer may be required to execute standard Oracle ordering materials when using Learning Credits
to order products or services.
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SM In Managed Assets: is defined as one million U.S. dollars of the following total: (1) Book value of investment in capital
leases, direct financing leases and other finance teases, 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.
Membership: is defined as an individual authorized by Customer to access the hosted service, regardless of whether the
individual is accessing the hosted service at any given time.
Module: is defined as each production database running the Programs.
Named User Plus: is defined as an individual authorized by Customer to use the Programs which are installed. Owe 'single server
or_ Multiple servers, regardless ofwbether. the individual is actively using the Programs at any given: time. A non human:operated,
• • device will *be counted ai 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. Customer is
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.
Non Employee User - External: is defined as an individual, who is not Customer's employee, contractor or outsourcer,
authorized by Customer to use the application Programs which are installed on a single server or multiple servers, regardless of
whether or not the individual is actively using the Programs at any given time.
Oracle Finance Division Contract: is a contract between Customer and Oracle (or one of Oracle's affiliates) that provides for
payments over time of some or all of the sums due under your order.
Oracle University Online Library Service: the Oracle University Online Library service is a web based learning environment
that is made available to Customer subject to the terms of the Agreement and Oracle University's Online Library Hosting Access
Policies. Oracle University's Online Library Hosting Access Policies may be accessed at http://oracie.com/contracts, and may be
updated by Oracle from time to time without notice to Customer. Customer acknowledges that Customer will create and activate
an administrator account and password and that the Oracle University Online Library service is available on
httpJ/www.oracle.com/education/oln. The term of Customer's Oracle University Online Library service shall be one year from
the Effective Date of Customer's order (except the Oracle University Premium Online Library service available in the courses and
languages specified at http://www.oracle.com/educationfoln, the term for which shall be six months from the Effective Date of
Customer's order). At the end of the term, the Oracle University Online Library service may be renewed for an additional term of
the same length at the then current Oracle University Online Library service rates by contacting Customer's local Oracle
Education Sales Office. If Customer chooses not to renew, all rights to use the Oracle University Online Library service shall
cease. Notwithstanding anything to the contrary in the agreement, Oracle does not warrant that the Oracle University Online
Library service will be provided uninterrupted or error -free.
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 exceed the licensed number of Order Lines during any 12 month period
unless Customer acquires additional Order Line licenses from Oracle.
Order Management User: is defined as an individual authorized by Customer 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 arc 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 that 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. Customer may not exceed the licensed number of
orders during any 12 month period.
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Partner Organization: is defined as an external third party business entity that provides value-added services in marketing and
selling Customer's products. Depending upon the type of industry, partner organizations play different roles and are recognized
by different names such as rescller, distributor, agent, dealer or broker.
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
application. For Project Resource Management, a person is defined as an individual who is scheduled on a project. For Internet
Time, a person is defined as an individual who is charging time to a project via the application. 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.
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.
.Primary Usage:: is defined as each licensed: user of the following applications: Financials, 'Discrete Manufacturing, Process
Manufacturing, Project Costing and Purchasing. Each licensed user is counted only once based on primary usage. 'Customer must
specify how many users Customer is licensing for each application. Primary Usage of one of the applications listed above
provides the licensed user with the right to use any or all of the other application Programs listed above for which Customer is
licensed. Primary Usage does not provide Customer with the right to use other application Programs Including the extensions or
options to the application Programs listed above.
Processor: shall be defined as all processors where the Oracle Programs are installed and/or running. Programs licensed on a
Processor basis may be accessed by Customer's internal users (including agents and contractors) and by third party users. For the
purposes of counting the number of processors which require licensing, a multicore chip with "n" processor cores shall be counted
as "n" processors. For the Healthcare Transaction Base program, only the processors on which Internet Application Server
Enterprise Edition and this program are installed and/or running are counted for the purpose of determining the number of licenses
required. For the iSupport, iStore and Configurator Programs, only the processors on which Internet Application Server (Standard
Edition and/or Enterprise Edition) and the licensed program are running are counted for the purpose of determining the number of
licenses required for the licensed program; under these licenses Customer may also install and/or run the licensed program on the
processors where a licensed Oracle Database (Standard Edition and/or Enterprise Edition) is installed and/or running. With
respect to the Customer Data Hub program, in determining the number of licenses required, only processors on which both Oracle
Database Enterprise Edition and the Customer Data Hub Program are running in production shall be counted.
Professional User: is defined as an individual authorized by Customer to use the application Programs which are installed on a
single server or multiple servers, regardless of whether or not the individual is actively using the Programs at any given time. For
the purposes of Order Management, Advanced Pricing and Purchasing, Professional Users are allowed to manually enter orders
directly into these Programs but any orders transmitted or executed electronically (via EDI, XML or other electronic means
including purchase orders transmitted from Oracle Purchasing) must be licensed separately.
Professional User — External : is defined as an individual, who Is not Customer's employee, contractor or outsourcer, authorized
by Customer to use the application Programs which are installed on a single server or multiple servers, regardless of whether or
not the individual is actively using the Programs at any given time. For the purposes of Order Management, Advanced Pricing
and Purchasing, Professional Users — External are allowed to manually enter orders directly into these Programs but any orders
transmitted or executed electronically (via EDI, XML or other electronic means including purchase orders transmitted from Oracle
Purchasing) must be licensed separately.
Professional User 2003: is defined as an individual authorized by Customer to use the application Programs which are installed
on a single server or multiple servers, regardless of whether or not the individual is actively using the Programs at any given time.
Professional Users 2003 are allowed to manually enter orders directly into the Programs but any orders entered electronically into
Order Management from other sources must be licensed separately.
Professional User 2003 — External: is defined as an individual, who is not Customer's employee, contractor or outsourcer,
authorized by Customer to use the application Programs which are installed on a single server or multiple servers, regardless of
whether or not the individual is actively using the Programs at any given time. Professional Users 2003 — External are allowed to
manually enter orders directly into the Programs but any orders entered electronically from other sources must be licensed
separately.
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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 automatically generated by other
Oracle Application Programs. For iProcurement, Purchase Lines are counted as all line items on an approved requisition created in
iProcurement. For Purchasing Intelligence, Purchase Lines are counted as the line items on purchase orders processed through
this application. This does not include communication on the same purchase order. For each application, Customer may not
exceed the licensed number of Purchase Lines during any 12 month period unless Customer 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 Purchasing Intelligence).
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.
RosettaNet Partner Interface Processes® (PIPS®): are defined as business processes between trading partners. Preconfigured
system -to -system XIvIL-based dialogs for the relevant E-Business Suite' Apptication(s)'are provided. *Each preconfigured P1P :
includes a business document with the vocabulary and a business process with the choreography of die message dialog.
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. 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.
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 Customer 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 aggregate of all types of
Subscribers. If Customer's business is not defined in the primary definition of Subscriber above, Subscriber is 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.
System: shall be defined as each distinct production database. Test, development, failover and standby databases are not
required to be licensed as systems; however, Customer may run the Program on these databases.
Technical Reference Manuals
Technical Reference Manuals ("TRMs") are Oracle's confidential information. Customer shall use the TRMs solely for
Customer's internal data processing operations for purposes of (a) implementing applications Programs, (b) interfacing other
software and hardware systems to the applications Programs and (c) building extensions to applications Programs. Customer
shall not disclose, use or permit the disclosure or use by others of the TRMs for any other purpose. Customer shall not use the
TRMs to create software that performs the same or similar functions as any of Oracle products. Customer agrees: (a) to exercise
either at least the same degree of care to safeguard the confidentiality of the TRMs as Customer exercises to safeguard the
confidentiality of Customer's most important confidential information or a reasonable degree of care, whichever is greater; (b) to
maintain agreements with Customer's employees and agents that protect the confidentiality and proprietary rights of the
confidential information of third parties such as Oracle and instruct Customer's employees and agents of these requirements for
the TRMs; (c) restrict disclosure of the TRMs to those of Customer's 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 Customer's 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 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 TRMs.
Technical Support
For purposes of the Ordering Document, Technical Support consists of Software Updates, Product Support and/or other annual
technical support services Customer may have ordered. If ordered, annual Technical Support (including first year and all
subsequent years) is provided under Oracle's Technical Support Policies in effect at the time the services arc provided. The
Technical Support Policies, incorporated in this Agreement, are subject to change at Oracle's discretion; however, Oracle will not
materially reduce the level of services provided for supported programs during the period for which fees for Technical Support
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have been paid. Customer should review the policies prior to entering into the Ordering Document for the applicable services.
Customer may access the current version of the Technical Support Policies at http://oracle.coln/contracts.
Technical support is effective upon shipment, or if shipment is not required, upon the Effective Date of the Ordering Document.
lfyour order was placed through the Oracle Store, the Effective Date is the date your order was accepted by Oracle.
Software Updates or Product Support acquired with Customer's order may be renewed annually and, if Customer renews the
Software Updates or Product Support for the same number of licenses for the same Programs, for the first and second renewal
years the fee for Software Updates or Product Support will not increase by more than 4% over the prior year's fees. If Customer's
order is fulfilled by a member of Oracle's partner program, the fee for Software Updates or Product Support for the first renewal
year will be the price quoted to Customer by your partner, the fee for Software Updates or Product Support for the second renewal
year will not increase by more than 4 % over the prior year's fees.
If Customer decides to purchase Technical Support for any license within a license set, Customer is required to purchase
Technical Support at the same level for.all licenses within that license set. Customer may desupport a subset of licenses in a
license set only if Customer agrees to terminate that•subset of licenses The Technical Support fees for the remaining licenses will'.
be priced in accordance with the Technical Support Policies In effect at the time of termination. Oracle's license set definition is
available in the current Technical Support Policies. If Customer decides not to purchase Technical Support, Customer may not
update any unsupported program licenses with new versions of the Program.
Oracle reserves the right to desupport its Programs or particular versions of its Programs. Customer will be notified in advance
when Oracle determines that a Program is to be desupported. Such desupport notices, which are posted at Oracle's customer
support web site, MetaLink (or Oracle's then current customer support web site), contain desupport dates, information about
availability of Extended Support and Extended Maintenance Support and information about migration paths for certain features.
The desupport notices are subject to change; Oracle will provide updated desupport notices on MetaLink (or Oracle's then current
customer support web site) as necessary.
Trainee: is defined as 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.
JVm Design admit
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.
1, 2, 3, 4, 5 Year Terms: A Program license specifying a 1, 2, 3, 4 or 5 Year Term shall commence on the Effective Date of the
order and shall continue for the specified period. At the end of the specified period the Program license shall terminate.
1 Year Hosting Term: A Program license specifying a 1 Year Hosting Term shall commence on the Effective Date of the order
and shall continue for a period of 1 year. At the end of the 1 year the Program license shall terminate. A Program license
specifying a 1 Year Hosting Term may only be used for providing internet hosting services.
1 Year Oracle Hosted Term: A Program license specifying a 1 Year Oracle Hosted Term shall commence on the Effective Date
of the order and shall continue for a period of 1 year. At the end of the 1 year the Program license shall terminate. A Program
license specifying a 1 Year.Oracle Hosted Term must be hosted by Oracle.com via Computer and Administration services.
1 Year Subscription: A Program license specifying a 1 Year Subscription shall commence on the Effective Date of the order
and shall continue for a period of 1 year. At the end of the 1 year the program license shall terminate.
Licensing Rules
Fallover: Customer's license for the Oracle Database (Enterprise Edition, Standard Edition or Standard Edition One) includes
the right to run the database on an unlicensed spare computer in a failover environment for up to a total of ten separate days in
any given calendar year. Any use beyond the right granted in the previous sentence must be licensed separately and the same
license metric must be used when licensing the Oracle Database.
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Testing: For the purpose of testing physical copies of backups, Customer's 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.
Customer is responsible for ensuring that the following restrictions are not violated:
• Oracle Database Standard Edition may only be used on machines which have the ability to run a maximum of four processors
or on a cluster of machines supporting up to a maximum of four processors per cluster.
• Oracle Standard Edition One may only be used on machines which have the ability to run a maximum of two processors.
• The number of TRACE licenses (Rdb Server Option) must match the number of licenses of the associated database.
• The number of Diagnostics Pack and/or Configuration Management Pack licenses must match the number of licenses of the
associated Internet Application Server Program (Enterprise Edition, Standard Edition or Java Edition). The number of
Identity Management licenses must match the number of licenses of the associated Internet Application Server Standard
Edition Program.
Application .licensing prerequisites as specified in the Applications Licensing Table which may . be accessed at
http://oracJe.com/contracts..
•
If Customer purchases Named User Pius licenses for the Programa listed below, Customermyst maintain the following •
user minimums and user maximums:
Program . .
Named User Minimum
Oracle Database Enterprise Edition
25 Named Users Plus per Processor
Rdb Enterprise Edition
25 Named Users Plus per Processor
CODASYL DBMS
25 Named Users Pius per Processor
Message Broker
10 Named Users Plus per Processor
TopLink
10 Named Users Plusper Processor
Internet Application Server Java Edition
10 Named Users Plus per Processor
Internet Application Server Standard Edition
10 Named Users Pius per Processor
Internet Application Server Enterprise Edition
10 Named Users Plus per Processor
Program
Named User Plus Maximum'
Personal Edition
1 Named User Plus per database
The number of licenses for the Programs listed below must match the number of licenses of the associated database and if
Customer purchases Named User Plus licenses for these Programs, Customer must maintain, at a minimum, 25 Named
Users Plus per Processor per associated database:
Real Application Clusters, Partitioning, OLAP, Data Mining, Spatial, Advanced Security, Label Security, Diagnostics
Pack, Tuning Pack, Change Management Pack, Configuration Management Pack
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