Oracle University Knowledge Center - Licensing and Security Requirements

Transcription

1 Terms and Conditions for Oracle Education Services References to you and the end user are to the Buyer. References to the Offeror are the entity named on the attached quotation. A. Distribution Rights Each program must be used only for the business operations of the end user. Each education service must be used only for the business operations of the end user. Each OCP voucher must be used only for the business operations of the end user to take CP exams at an Oracle approved testing center (currently operated by Prometric, Inc. only). Each OCP bundle must be used only for the business operations of the end user to acquire programs and OCP vouchers together. You may not acquire the offerings for purposes of further distribution. B. Ownership and Restrictions Oracle retains all ownership and intellectual property rights to the offerings and anything else developed by Oracle and delivered to you under this agreement. You may make a sufficient number of copies of each program for the 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 agreement. You may not: distribute the offerings; remove or modify any program markings or any notice of Oracle s proprietary rights; rent, lease, or timeshare the offerings, or distribute the offerings; use the offerings to provide third party training on the content and/or functionality of the programs or education services; cause or permit reverse engineering (unless required by law for interoperability), disassembly or decompilation of the programs; disclose results of any program benchmark tests without Oracle s prior written consent; or engage in any deceptive or misleading practices that may be detrimental to Oracle or to the offerings; use third party programs except in connection with PeopleSoft and/or JD Edwards programs; or use ancillary programs except in connection with Siebel programs and only for the purposes of installing or operating the Siebel programs. All orders are expressly subject to and incorporate by reference terms and conditions of the standard Oracle License and Services Agreement. C. Warranties, Disclaimers and Exclusive Remedies THE PROGRAM(S), EDUCATION SERVICES, OCP VOUCHERS AND OCP BUNDLES ARE PROVIDED AS IS WITHOUT ANY WARRANTY OF ANY KIND, INCLUDING, WITHOUT LIMITATION, ALL WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR ANY OTHER WARRANTY, WHETHER EXPRESSED OR IMPLIED. TO THE EXTENT PERMITTED BY LAW, THESE WARRANTIES ARE EXCLUSIVE AND THERE ARE NO OTHER EXPRESS OR IMPLIED WARRANTIES OR CONDITIONS, INCLUDING WARRANTIES OR CONDITIONS OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. NEITHER PARTY SHALL BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES OR ANY LOSS OF DATA OR DATA USE. IMMIXTECHNOLOGY S MAXIMUM LIABILITY FOR DAMAGES ARISING OUT OF OR RELATED TO THIS AGREEMENT, WHETHER IN CONTRACT OR IN TORT, OR OTHERWISE, SHALL BE LIMITED TO THE FEES YOU PAID IMMIXTECHNOLOGY FOR THE RELEVANT PROGRAM, EDUCATION SERVICES, OCP VOUCHERS AND/OR OCP BUNDLES UNDER THIS AGREEMENT AS SPECIFIED IN THE ORDER. IN NO EVENT, INCLUDING TERMINATION FOR DEFAULT, SHALL IMMIXTECHNOLOGY S LIABILITY ARISING OUT OF OR RELATED TO THIS AGREEMENT EXCEED THE TOTAL FEES PAID UNDER YOUR ORDER. D. Indemnification If a third party makes a claim against you that any program infringes their intellectual property rights, Oracle will indemnify you against the claim if you do the following:

2 notify the General Counsel, Oracle Legal Department, promptly in writing, not later than 30 days after you receive notice of the claim (or sooner if required by applicable law); give Oracle sole control of the defense and any settlement negotiations; and give Oracle the information, authority, and assistance Oracle needs to defend against or settle the claim. If Oracle believes or it is determined that any of the programs may have violated a third party s intellectual property rights, Oracle may choose to either modify the program(s) 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, Oracle may end the license for the applicable program and/or may end this agreement and refund any fees Oracle has received for the applicable program. Oracle will not indemnify you if you alter a program outside the scope of use identified in the user documentation or if you use a version of the program which has been superseded, if the infringement claim could have been avoided by using an unaltered current version of the program which was provided to you. Oracle will not indemnify you to the extent an infringement claim is based upon a program not provided by Oracle. Oracle will not indemnify you to the extent that an infringement claim is based upon third party programs or ancillary programs. Oracle will not indemnify you to the extent that an infringement claim is based upon the combination of any program with any products or services not provided by Oracle. If someone makes a claim against Oracle that an offering, when used in combination with any product or services provided by you, infringes their intellectual property rights, and such claim would have been avoided by the exclusive use of the offering, you will indemnify Oracle. This section provides your exclusive remedy for any infringement claims or damages. E. Miscellaneous Acceptance of all software listed on the quotation is upon delivery. You acknowledge that offeror is a reseller for Oracle, and by issuing a purchase order acknowledge that Oracle will perform services.

3 The following offerings and the related additional terms and conditions are subject to change at any time at Oracle s discretion. These terms are not applicable to Learning Credits. For terms and conditions applicable to Learning Credits, please contact Offeror s representative. Distribution Offering Name EDUCATION SERVICES Instructor-Led Training ("ILT"): Public Class Instructor-Led Training: Private Event Public Seminars Private Seminars Distribution Offering Description Publicly available instructorled, classroom-based training at an Oracle University education center or an authorized Partner education center. ILT provides hands-on practices for students using text-based Oracle materials Same as ILT, except private events may also be provided at the end user s location and may be tailored specifically to the end user s needs. Private Events may only be attended by employees of the end user. Publicly available instructorled training that is delivered in lecture format only. There are no hands-on practices for students. Public Seminars may be provided at any location. Private instructor-led training that is delivered in lecture format only. There are no hands-on practices for students. Private Seminars are not publicly available and are delivered at locations determined by end user and Oracle. Private Seminars may only be attended by employees of the end user. OU Offering Terms & Conditions Cancel or reschedule registration 7 or more calendar days before the Reschedule registration 1-6 calendar days prior to the class start date: Charged 50% of the class fee. Cancel registration 1-6 calendar days prior to the class start date: Charged 50% of the class fee. Charged 100% of the class fee. 100% Student Satisfaction Program: See Program Guidelines Below Cancel class 14 or more calendar days before the Reschedule class 1-13 calendar days prior to the class start date: 50% of the class fee. Cancel class 1-13 calendar days prior to the class start date: Charged 50% of the class fee. Cancel registration 7 or more calendar days before the Reschedule registration 1-6 calendar days prior to the class Cancel registration 1-6 calendar days prior to the class Cancel registration 14 or more calendar days before the Reschedule class 1-13 calendar days prior to the class start date: 50% of the class fee. Cancel registration 1-13 calendar days prior to the class

4 Public Live Virtual Class Private Live Virtual Class Publicly available instructorled training delivered live remotely via the Internet, which students access with a browser and a telephone conference call. Students also use online text-based Oracle materials. Additional instructor support via telephone is available during specified hours. Same as Public Live Virtual Class, except that the event may only be attended by employees of the end user and may be tailored specifically to the end user s needs Cancel registration 7 or more calendar days before the Reschedule registration 1-6 calendar days prior to the class Cancel registration 1-6 calendar days prior to the class 100% Student Satisfaction Program: See Program Guidelines Below Cancel registration 14 or more calendar days before the Reschedule class 1-13 calendar days prior to the class start date: 50% of the class fee. Cancel registration 1-13 calendar days prior to the class Oracle University Knowledge Center (Single subscription) A subscription for access to online Oracle training materials. Sold on a single named user basis Oracle University Knowledge Center is subject to Oracle University's Knowledge Center Hosting Access Policies. Oracle University's Knowledge Center Hosting Access Policies are located at ml, and may be updated by Oracle from time to time without notice to the the end user. The end user must accept the terms of the Oracle License and Services Agreement ("OLSA") at the time of account activation. Membership is defined as an individual authorized by the end user to access the hosted service, regardless of whether the individual is actively accessing the hosted service at any given time. The end user will create and activate an administrator account and password. Oracle University Knowledge Center Memberships have defined duration of 1 year. A subscription for such a Membership begins on the day such subscription is received in ilearning, not when the customer activates it. The OU Knowledge Center memberships are for use in only in the applicable country or region specified in the end user's order. OU Knowledge Center Memberships may not be transferred nor distributed without prior written approval from Oracle. They are non-returnable and non-refundable. ORACLE DOES NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR- FREE.

5 Oracle Knowledge Passport University Center Same as immediately above, except sold for a minimum of 25 named users. Terms of the Partner Ordering Document for the Oracle University Knowledge Center Passport Service apply. Oracle University Knowledge Center Passport is subject to Oracle University's Knowledge Center Hosting Access Policies. Oracle University's Knowledge Center Hosting Access Policies are located at ml, and may be updated by Oracle from time to time without notice to the end user. In addition, the end user must accept the terms of the Oracle License and Services Agreement ("OLSA") at the time of account activation. Membership is defined as an individual authorized by the end user to access the hosted service, regardless of whether the individual is actively accessing the hosted service at any given time. The end user will create and activate an administrator account and password. Oracle University Knowledge Center Passport subscriptions have a defined duration of 1 year. A subscription for such a Membership begins on the day such subscription is received in ilearning, not when the customer activates it. The OU Knowledge Center Passport memberships are for use in only in the applicable country or region specified on the Oracle Partner Ordering Document for the Oracle University Knowledge Center Passport, unless otherwise specified. OU Knowledge Center Memberships may not be transferred nor distributed without prior written approval from Oracle. They are non-returnable and non-refundable. ORACLE DOES NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR- FREE. Oracle University Knowledge Center Mini Passport Same as immediately above, except sold for a minimum of 10 named users. Oracle University Knowledge Center is subject to Oracle University's Knowledge Center Hosting Access Policies. Oracle University's Knowledge Center Hosting Access Policies are located at ml, and may be updated by Oracle from time to time without notice to the Partner or the end user. The end user must accept the terms of the Oracle License and Services Agreement ("OLSA") at the time of account activation. Membership is defined as an individual authorized by the end user to access the hosted service, regardless of whether the individual is actively accessing the hosted service at any given time. The end user will create and activate an administrator account and password. Oracle University Knowledge Center Memberships have defined duration of 1 year. A subscription for such a

6 Membership begins on the day such subscription is received in ilearning, not when the customer activates it. The OU Knowledge Center memberships are for use in only in the applicable country or region specified in the end user's order. OU Knowledge Center Memberships may not be transferred nor distributed without prior written approval from Oracle. They are non-returnable and non-refundable. ORACLE DOES NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR- FREE. PROGRAMS Self-Study CD (technology based training) Perpetual License OU Self-Study CD (technology based training) courses are available as course bundles and libraries. They provide complete coverage on Oracle products as well as related IT, desktop and professional development topics. The end user purchases a perpetual license for the use of Self-Study CDs for the specified number of Named Users. A "Named User" is defined as an individual authorized by the end user to use the Self Study programs, which are installed on single or multiple servers, regardless of whether the individual is actively using the program at any given time. The end user may make copies of the titles for up to the number of Named Users. The Self Study programs are for use only in the applicable country or region specified in the end user's order. Self-Study CD titles may not be transferred nor distributed without prior written approval from Oracle. They are nonreturnable and non-refundable 100% STUDENT SATISFACTION PROGRAM 100% Student Satisfaction Program is new branding for Oracle University and is part of the overall Oracle corporate branding for lifetime support. The new campaign highlights OU's commitment to a world-class learning experience and investment in our students' success. This program applies only to public Instructor Led Training classes provided by Oracle instructors at Oracle University Ed Centers or at participating OAEC partner locations which are identified as part of the 100% Student Satisfaction Program on at the time the class is purchased. This Program permits the End User to retake the same class, subject to certain terms and conditions. End Users are not entitled to a refund. The 100% Student Satisfaction Program information can be found at and may be updated by Oracle from time to time without notice to End User. If an End User is not satisfied with their learning experience in a public ILT class at an Oracle Education Center location or a participating OAEC partner location, the End User can request for a free retake. This applies to End Users who enroll in a public ILT class after July 19, The End User must notify Oracle by ing Oracle University within 5 business days of the completion of the original class. Oracle will then permit the End User to retake the same version of the same class title within 90 days of Oracle's receipt of the notification (or if it is not available during such 90 day period, as soon as the class is available thereafter at the same location or within 50 miles there from). The 100% Student Satisfaction Program does not apply: (i) to the retaken class (ii) to a refund entitlement and (iii) if the End User is not able to satisfy the above criteria for reasons beyond Oracle's reasonable control. Oracle has the option, at its sole discretion, of providing a refund for the class fees in lieu of permitting a class retake if for any reason, including scheduling, Oracle considers a refund to be appropriate. Oracle is not responsible for any applicable taxes, transportation costs, lodging costs or other expenses or costs related to the retake.