Oracle Public Sector End User Agreement
Oracle Public Sector End User Agreement
For the purpose of this Agreement, Oracle’s term “public sector end user” refers to an end user that is (a) a government, legislature or decision making body, judiciary, instrumentality, department, or agency at any level (national, local, municipal or otherwise); entities managed controlled or majority owned by government interests; public organizations or foundations of any kind (including political parties, political organizations, or political candidates); and any public international organization, such as, but not limited to, the International Red Cross, United Nations, or the World Bank; and (b) licensed to use the programs for its own internal business operations and/or purchases the hardware subject to the terms of this end user agreement.
- “Customer” (you) have been designated by Oracle Corporation as a Public Sector Entity, and are entering into an order with CBORD for the supply of hardware and software. Certain of the hardware and/or software (“Programs”) included on the order is being purchased and/or licensed from Oracle Corporation (“Oracle”) and is being provided by CBORD as a reseller to the Customer. Oracle requires, as part of its agreement with CBORD, for the Customer to accept this Oracle Public Sector End User Agreement and agree to all terms and conditions herein.
- Customer is limited to the use of the Programs that are subject to this End User Agreement to the legal entity(s) as stated in CBORD’s signed quote.
- The use of the Programs is restricted to the internal business operations of the Customer, and to the definitions and rules set forth in the program documentation and the Oracle Partner Ordering Policy. Customer may permit agents or contractors (including, without limitation, outsourcers) to use the Programs on the applicable Customer’s behalf for the purposes set forth in this End User Agreement, subject to the terms of this Agreement, provided that Customer is responsible for the agent’s, contractor’s and/or outsourcer’s compliance with this End User Agreement in such use.
- Use of any operating system delivered with the hardware is restricted to the terms of the license delivered with the hardware and only as incorporated in, and as part, of the hardware.
- Use of any integrated software are restricted to the terms of this End User Agreement and the hardware documentation and only as incorporated in, and as part, of the hardware.
- Ancillary programs are those 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.
- Oracle or its licensors retain all ownership in the intellectual property rights to the operating system and integrated software.
- Third party technology that may be appropriate or necessary for use with some Programs and is specified in the program documentation, readme files, notice files, installation details and/or hardware documentation and that such third party technology is licensed to the Customer under the terms of the third party technology license agreement specified in the program documentation, readme files, notice files, installation details and/or hardware documentation and not under the terms of this End User Agreement.
- The Programs are not specifically designed, manufactured, or intended for use as parts, components, or assemblies for the planning, construction, maintenance, or operation of a nuclear facility and use is prohibited of the hardware and/or integrated software for these purposes.
- Customer is prohibited from assigning, giving, or transferring the Programs and/or any services ordered or an interest in them to another individual or entity (in the event the Customer grants a security interest in the Programs, the secured party has no right to use or transfer the Programs and/or any services).
- Customer is prohibited from (a) use of the Programs for rental, leasing, timesharing, subscription service, hosting, or outsourcing; (b) the removal or modification of any Program or hardware markings or any notice of Oracle’s or its licensors’ proprietary rights; (c) making the Programs 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); and (d) title to the Programs passing to any other party.
- Customer is prohibited from 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 material produced by Programs), operating system and/or integrated software and duplication of the software, operating system and/or integrated software except for a sufficient number of copies for Customer’s licensed use and one copy of each Program media.
- Customer is restricted from use of any additional programs that Oracle may include with the programs ordered for trial, non-production purposes only. Customer may not use such additional programs included with an order to provide training or attend training provided by CBORD or a third party on the content and/or functionality of the programs. Customer has 30 days from the delivery date to evaluate the additional programs, subject to the terms of this End User Agreement. If Customer decides to use any additional programs after the 30 day trial period, Customer must obtain a license for such programs from CBORD. If Customer decides not to obtain a license for the additional programs after the 30 day trial period, Customer will cease using and will delete any such programs from Customer’s computer systems. Additional programs included with an order are provided “as is” and Oracle does not provide technical support or offer any warranties for these programs.
- Technical support, if ordered from CBORD, is provided under Oracle’s technical support policies in effect at the time the services are provided and Oracle’s technical support policies can be accessed at http://oracle.com/contracts. Customer acknowledges that Oracle’s technical support policies are incorporated into this End User Agreement by reference. If Customer decides not to purchase technical support at the time of the license and/or hardware purchase, then Customer will be required to pay reinstatement fees to CBORD in accordance with Oracle’s current technical support policies if Customer decides to purchase support at a later date.
- Any third party firms retained by Customer to provide computer consulting services are independent of CBORD and Oracle, are not CBORD’s or Oracle’s agents, and that neither CBORD or Oracle are liable for, or bound by, any acts of any such third party firm.
- Some Programs may include source code that Oracle may provide as part of its standard shipment of such Programs, which source code shall be governed by the terms of this End User Agreement.
- Hardware, if purchased, includes Oracle’s hardware warranty in effect at the time the hardware is purchased and that Oracle’s hardware warranty can be accessed at http://www.oracle.com/support/policies.html.
- Customer disclaims, to the extent not prohibited by applicable law, CBORD’s and Oracle’s liability for (a) any damages, whether direct, indirect, incidental, special, punitive or consequential, and (b) any loss of profits, revenue, data or data use, arising from the use of the Programs.
- Customer is required at the termination of this End User Agreement, to discontinue use and destroy all copies of the software and documentation.
- Customer is prohibited from publication of any results of benchmark tests run on the Programs.
- Customer is required to comply fully with all relevant export laws and regulations of the United States and other applicable export and import laws to assure that neither the Programs hardware nor any direct product thereof, are exported, directly or indirectly, in violation of applicable laws.
- Oracle is not required to perform any obligations or incur any liability not previously agreed to between CBORD and Oracle.
- Customer shall permit CBORD to audit Customer’s use of the Programs, and is required to provide reasonable assistance and access to information in the course of such audit and permit CBORD to report the audit results to Oracle, or to assign CBORD’s right to audit Customer’s use of the Programs to Oracle. Where CBORD assigns our rights to audit to Oracle, then Oracle shall not be responsible for any of CBORD’s or Customer’s costs incurred in cooperating with the audit.
- Customer is required to agree that Customer has not relied on the future availability of any hardware, programs or updates in entering into this End User Agreement; however, (a) if Customer orders technical support from CBORD, the preceding sentence does not relieve CBORD of its obligation to provide updates under such order, 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 Customer for any Program licensed under this End User Agreement, per the terms of such End User Agreement.
- Oracle is designated as a third party beneficiary of this End User Agreement.
- The application of the Uniform Computer Information Transactions Act is excluded.