Kristan Watson eSigned 2014-01-03 01 :04PM PST kristan.watson
Contents
1. 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 ix relocated to countries subject to U S trade embargo or restrictions x 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 This Oracle Hardware Warranty does not apply to normal wear of the Hardware Products or media The Oracle Hardware Warranty is extended only to the original purchaser or original lessee of the Hardware Product and may be void in the event that titte to the Hardware Product is transferred 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 To the extent not addressed in your order for the Hardware Products and media to which this Oracle Hardware Warranty applies the following Limitations apply NEITHER ORACLE NOR YOU WILL BE LIABLE FOR ANY INDIRECT INCIDENTAL SPECIAL PUNITIVE OR CONSEQUENTIAL DAMAGES OR ANY LOSS OF PROFITS REVENUE DATA OR DATA USE ARISING OUT OF OR RELATED TO THIS WARRANTY HOWEVER THEY ARISE WHETHER IN CONTRACT OR TORT OR OTHERWI2. Verified massac nerina FchoSign Transaction Number X473PX23U254EXH For claims related to hardware if the Recipient is 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 for the period of time for which the Recipient is was a subscriber to the applicable Oracle technical support services i the phrase Material under this section shall include the operating system and the integrated software and ii the phrase program s in this section is replaced by the phrase program s or the operating system or integrated software as applicable i e The Provider will not indemnify the Recipient for the Recipient s use of the operating system and or integrated software when the Recipient is was not a subscriber to the applicable Oracle technical support services Notwithstanding the foregoing with respect solely to the Oracle Linux operating system the Provider will not indemnify the Recipient for materials that are not part of the Oracle Linux covered files as defined at http www oracle com us support library enterprise linux indemnification 069347 pdf With respect to the U S Government the foregoing indemnification shall not apply as to the United States indemnifying Oracle or any other party however Oracle reserves the right to seek indemnification from the U S Government
3. a more detailed description of the limited hardware warranty at http Awww oracle com us support policies index 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 Oracle Engineered Systems Government Supplemental Terms and Conditions v120412r1 Page 3 Kristan Watson eSigned 2014 01 03 01 04PM PST kristan watson oracle com saa Document Integrity Verified mamesussnssanemnmmunenmannmnm sae FchoSign Transaction Number X473PX23U254EXH 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 No warranty will apply to the Hardware Products operating system integrated software or media which has been i modified altered or adapted without Oracle s written consent including modification or 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 iv improperly installed by any party other than Oracle or an authorized Oracle certified installation partner v used with equipment or software not covered by the warranty to the extent that the problems are attributable to such use
4. program licensed under the order per the terms of the contract including these Government Oracle Supplemental Terms and Conditions 3 The extent to which an Oracle product hardware or software program is at the time of delivery capable of providing comparable access to individuals with disabilities is indicated by the comments and exceptions if any specified on the applicable Voluntary Product Accessibility Template VPAT available at www oracle com us corporate accessibility provided that such Oracle product is used in accordance with the applicable Oracle program and hardware documentation and that any assistive technologies and any other products used with the Oracle product properly interoperate with the Oracle product The VPAT indicates the degree of conformance with the applicable provisions of the Architectural and Transportation Barriers Compliance Board standards set out in 36 CFR Part 1194 known as Section 508 In the event that Section 508 is revised over the life of the contract Agreement the VPAT will indicate the applicable version The VPAT also lists the degree of conformance with the Web Content Accessibility Guidelines WCAG if applicable said standards only apply to web pages In the event that no VPAT is available for a particular product please contact the Oracle Accessibility Program Office at accessible_ww oracle com Oracle makes no representations regarding the accessibility status of any product identi
5. the meanings ascribed to them below Oracle warrants that hardware and the Sun Remanufactured Equipment Program products listed on the product price lists collectively Hardware Products will be free from and using the operating system and integrated software will not cause in the Hardware Product material defects in materials and workmanship for one 1 year from the date the Hardware Product is delivered to you Oracle warrants that the operating system media and the integrated software media Software Media will be free from material defects in materials and workmanship for a period of ninety 90 days from the date the Software Media is delivered to you Oracle warrants that the StorageTEK LTO Ultrium media DLT SuperDLT media 9840 9940 media or T10000 media Tape Media will be free from material defects in materials and workmanship for a period of one 1 year from the date the Tape Media is delivered to you Software Media and Tape Media may collectively be referred to as media The Oracle Hardware Warranty applies only to those Hardware Products and media that have been 1 manufactured by or for Oracle and 2 sold by Oracle either directly or by Oracle authorized distributor Oracle Hardware Products may be new or like new The Oracle Hardware Warranty applies to Hardware Products that are new and Hardware Products that are like new which have been remanufactured and certified for warranty by Oracle You may access
6. to technical support services which you have ordered The term hardware refers to the hardware equipment including components options and spare parts The term hardware documentation refers to the hardware specifications user manuals and installation manuals Hardware documentation is delivered with the hardware and or provided online B Hardware Composition Your hardware order consists of the following items 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 hardware equipment or parts of it may be new or like new C Rights Granted Upon Contractor s acceptance of your order you have the non exclusive non assignable royalty free perpetual unless otherwise specified in your order with Contractor limited right to use the programs and receive any services you ordered solely for your internal ordering activity operations and subject to the terms of this contract including these Government Oracle Supplemental Terms and Conditions the Oracle License Definitions and Rules 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 contract in such use For programs that are specifically designed to allow your customers and suppliers to interact wit
7. 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 contract including these Government Oracle Supplemental Terms and Conditions 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 lt http oss oracle com systems opensourcecode gt 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 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 Oracle s last delivery of the applicable product This offer only applies if you received your operating system and or integrated software on physical media The hardware shail be installed i
8. ORACLE ORACLE ENGINEERED SYSTEMS GOVERNMENT SUPPLEMENTAL TERMS AND CONDITIONS v120412r1 ORACLE AMERICA INC ORACLE IS A FIRST TIER SUBCONTRACTOR UNDER THIS CONTRACT THESE ORACLE ENGINEERED SYSTEMS GOVERNMENT SUPPLEMENTAL TERMS AND CONDITIONS APPLY TO ORACLE PROGRAMS HARDWARE AND OR SERVICES THAT YOU ORDER FROM THE CONTRACTOR UNDER THE CONTRACTOR S GSA SCHEDULE CONTRACT THE CONTRACT THESE GOVERNMENT SUPPLEMENTAL TERMS AND CONDITIONS SHALL TAKE PRECEDENCE OVER ANY CONFLICTING TERMS IN AN ORDER OR ORDERING DOCUMENTATION A Definitions You and your refers to the ordering activity that has ordered programs hardware and or services from an authorized distributor Contractor under this contract 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 integrated software is defined as software embedded in the hardware which is essential to hardware functionality e g firmware 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 including program documentation and any program updates acquired through technical support The term services refers
9. SE YOUR EXCLUSIVE REMEDY AND ORACLE S ENTIRE LIABILITY FOR BREACH OF WARRANTY SHALL BE A THE REPAIR OR AT ORACLE S OPTION AND EXPENSE REPLACEMENT OF THE DEFECTIVE PRODUCT OR B IF SUCH REPAIR OR REPLACEMENT IS NOT REASONABLY ACHIEVABLE THE REFUND OF THE FEES PAID TO ORACLE FOR THE DEFFECTIVE PRODUCT TO THE EXTENT NOT PROHIBITED BY LAW THESE WARRANTIES ARE EXCLUSIVE AND THERE ARE NO OTHER EXPRESS OR IMPLIED WARRANTIES OR CONDITIONS INCLUDING ANY WARRANTIES OR CONDITIONS OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE F Technical Support Technical support consists of annual technical support services you may have ordered for the programs and or hardware If ordered annual technical support including first year and all subsequent years for programs is provided under Oracle s technical support policies in effect at the time the services are provided The technical support policies incorporated herein are subject to change at Oracle s discretion however Oracle Engineered Systems Government Supplemental Terms and Conditions v120412r1 Page 4 Kristan Watson eSigned 2014 01 03 01 04PM PST kristan watson oracle com SARTO G Document Integrity Verified sssss2sssmsssssscesesE EEE EchoSign Transaction Number X473PX23U254EXH m Oracle policy changes will not result in a material reduction in the level of services provided for supported programs during the period for which technical support has been ordered Y
10. al support for programs is effective upon shipment of tangible media or upon the effective date of the order if shipment of tangible media is not required 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 herein are subject to change at Oracle s discretion however Oracle will not materially reduce the level of services provided during the period for which Oracle Hardware and Systems Support has been ordered You should review the policies prior to entering into an order You may access the current version of the Oracle Hardware and Systems Support Policies at http Awww oracle com us support policies index html Oracle Hardware and Systems Support acquired with your order may be renewed annually The order with Contractor will specify your Oracle Hardware and Systems Support fee for the first renewal year should you renew Oracle Hardware and Systems Support for the same systems and same configurations as contained in the original order your Oracle Hardware and Systems Support fee for the second renewal year will not increase by more than 4 over the prior
11. aterial licensed under the terms of this contract 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 including U S or foreign patent trademark and copyright the Provider will indemnify the Recipient against the claim to the extent permitted by law if the Recipient does the following a notifies the Provider promptly in writing not later than 30 days after the Recipient receives notice of the claim b gives the Provider control of the defense with input from Recipient and any settlement negotiations provided that for the U S Government the control of the defense and settlement is subject to 28 U S C 516 and c gives the Provider the information authority and assistance the Provider needs to defend against or settle the claim If the 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 for it Notwithstanding the previous sentence and with respect to hardwar
12. e 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 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 If you are the Provider and such return materially affects Oracle s ability to meet its obligations under the relevant order e g impairs Oracle s ability to perform due to a work statement schedule or cost impact then Oracle may at its option and upon 30 days prior written notice request termination of the order Oracle s right to end the license or request termination of the order in accordance with this paragraph shall not apply if the U S Government authorizes or consents to use of the Material and in such cases Oracle shall have no obligation to indemnify or other liability whatsoever to the Government or to third parties for infringement and the exclusive cause of action and remedy for infringement shall be in accordance with 28 U S C 1498 as set forth in 48 C F R 27 201 1 a The Provider will not indemnify the Recipient if the Recipient alters the Material or uses it outside the scope of use identified in the Provid
13. er 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 operating system integrated software and hardware 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 if the Oracle program s as delivered to you and used in accordance with the terms of this contract including these Government Oracle Supplemental Terms and Conditions 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 contract pursuant to a claim demand or notice or 2 your actions prior to the effective date of this contract Oracle Engineered Systems Government Supplemental Terms and Conditions v120412r1 Page 6 Kristan Watson eSigned 2014 01 03 01 04PM PST kristan watson oracle com i Document Integrity
14. es you have acquired e cause or permit reverse engineering unless required by law for interoperability disassembly or decompilation of the operating system integrated software or programs the foregoing prohibition includes but is not limited to review of data structures or similar materials produced by programs operating system or integrated software e make copies of the operating system or integrated software except for archival purposes to replace a defective copy or for program verification or e disclose results of any program and or hardware benchmark tests 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 from delivery i e via physical shipment or electronic download You must notify Oracle of any program warranty deficiency within one year from delivery ORACLE DOES NOT GUARANTEE THAT i THE HARDWARE PRODUCTS ii OPERATING SYSTEM AND INTEGRATED SOFTWARE AND iii THE PROGRAMS WILL PERFORM ERROR FREE OR UNINTERRUPTED OR THAT ORACLE WILL CORRECT ALL HARDWARE PRODUCTS OPERATING SYSTEM AND INTEGRATED SOFTWARE AND PROGRAM ERRORS Oracle provides a limited warranty Oracle Hardware Warranty for i the Hardware Products ii operating system and integrated software and iii the Software Media and Tape Media Hardware Products Software Media and Tape Media shall have
15. f 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 is prohibited 5 The Uniform Computer Information Transactions Act does not apply to these Government Oracle Supplemental Terms and Conditions nor any order placed pursuant to them 6 You understand that the Contractor and 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 bound by any acts of any such entity unless the entity is providing services as an Oracle subcontractor under an engagement ordered directly with Oracle 7 You may order trial programs or Oracle may include additional programs with your order with Contractor 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 lice
16. fied as third party 4 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 Oracle Engineered Systems Government Supplemental Terms and Conditions v120412r1 Page 7 Kristan Watson eSigned 2014 01 03 01 04PM PST kristan watson oracle com 5 GS Document Integrity Verified sussssns ssssesaneemenesi one EERE F choSign Transaction Number X473PX23U254EXH data hardware including any integrated software and operating system s and any services deliverables provided under the contract 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 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 o
17. h you in the furtherance of your internal business operations such use is allowed Oracle Engineered Systems Government Supplemental Terms and Conditions v120412r1 Page 1 Kristan Watson eSigned 2014 01 03 01 04PM PST kristan watson oracle com Document Integrity Verified stesso TTT EchoSign Transaction Number X473PX23U254EXH 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 agreement s are located at http oracle com contracts and are attached to these Government Oracle Supplemental Terms as Exhibits C and D for reference purposes only You are licensed to use the operating system and any operating system updates acquired through technical support only as incorporated in and as part of the hardware 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 contract including these Government Oracle Supplemental Terms and Conditions 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 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
18. in accordance with the preceding paragraphs should Federal statute permit such indemnification H Other 1 You may not assign orders 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 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 2 In entering into an order under the contract 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 Oracie of its obligation to provide such technical support under the relevant 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 you for any
19. in the preceding sentence you must pay the support fee for the new support period quarterly in arrears in accordance with the order This technical support fee for the new support period is computed as follows i if support lapsed then the support fee for a twelve month support period shall be the last annual support fee you paid for the relevant program and or hardware system ii if you never acquired technical support for the relevant program and or Oracle Engineered Systems Government Supplemental Terms and Conditions v120412r1 Page 5 Kristan Watson eSigned 2014 01 03 01 04PM PST kristan watson oracle com TTT Document Integrity Verified ssssessssss 0sssessEemesmen REE ENeEEEEMBE EChoSign Transaction Number X473PX23U254EXH hardware system then the annual support fee shall be the fee that would have been charged if support had been ordered originally for the relevant program and or hardware system per Oracle s Support pricing policies in effect at the time of reinstatement Renewal adjustments may be applied to the annual support fee described in i and ii above G Intellectual Property Indemnification If a third party makes a claim against you including the U S Government and its officers employees and agents 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 hardware or material M
20. ird party technology 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 Oracle Engineered Systems Government Supplemental Terms and Conditions v120412rl Page 2 Kristan Watson eSigned 2014 01 03 01 04PM PST kristan watson oracle com Document Integrity Verified sememmavmmassmmuem numsen EchoSign Transaction Number X473PX23U254EXH You acknowledge that to operate certain hardware your facility must meet a minimum set of requirements as described in the hardware documentation Such requirements may change from time to time as communicated by Oracle to you in the applicable hardware documentation You may not e use the programs in a rental timesharing subscription service hosting or outsourcing capacity e remove or modify any program or hardware markings or any notice of Oracle s or its licensors proprietary rights remove any copyright notices or labels on the operating system or integrated software make the programs operating system integrated software or materials resulting from 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 operating system integrated software or materials from the servic
21. l statute permit such indemnification Oracle Engineered Systems Government Supplemental Terms and Conditions v120412r1 Page 9 Kristan Watson eSigned 2014 01 03 01 04PM PST kristan watson oracle com Document integrity Verified miter AAA EERE FchoSign Transaction Number X473PX23U254EXH m
22. n 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 D Ownership and Restrictions Oracle or its licensors retain all ownership and intellectual property rights to the programs the operating system and integrated software Oracle or its licensors retain all intellectual property rights to the hardware Oracle retains all ownership and intellectual property rights to anything developed by Oracle and delivered under this contract resulting from services Unless otherwise stated in your order with Contractor title to hardware excluding the operating system integrated software and any other programs and risk of loss or damages to the hardware will pass from Oracle upon delivery in accordance with the relevant Incoterms 2010 Title to and ownership of the programs the operating system and integrated software shall not pass to you or to a third party title to and ownership of the programs the operating system and integrated software shall remain with Oracle 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 or readme files or notice files The parties acknowledge that the terms of this contract do not apply to such th
23. nse for any program after the 30 day trial period you will cease using and delete any such programs from your computer systems Programs licensed for trial purposes are provided as is and Oracle does not provide technical support or offer any warranties for these programs 8 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 contract including these Government Oracle Supplemental Terms and conditions 9 Unless otherwise agreed in an order upon 45 days written notice and no more than once annually Oracle may audit your use of the programs You agree to cooperate with Oracle s audit provide reasonable assistance and access to information Any such audit shall not unreasonably interfere with your normal business operations Oracle shall comply with reasonable security and safety rules policies and procedures security rules while performing any such audit provided that such security rules are applicable to the performance of the audit you make such security rules available to Oracle prior to the commencement of the audit and such security rules do not modify or amend the terms and conditions of
24. ou should review the policies prior to entering into an order for the applicable services You may access the current version of the technical support policies at http Awww oracle com us support policies index html Java SE Support or any successor technical support offering to Java SE Support acquired with your order may be renewed annually The order with Contractor will specify your Java SE Support fee for the first renewal year should you renew Java SE Support as contained in the original order the fee for Java SE Support for the second renewal year will not increase by more than 4 over the prior year s fees Java SE Support is effective upon the effective date of the order 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 The order with Contractor will specify your SULS fee for the first renewal year should you renew SULS for the same number of licenses for the same programs as contained in the original order the fee for SULS for the second renewal year will not increase by more than 4 over the prior year s fees If you elect not to purchase technical support at the time that the program is ordered then you may be required to pay reinstatement fees in accordance with Oracle s technical support policies in effect at the time of reinstatement if you decide to purchase technical support at a later date Technic
25. se Definitions and Rules are incorporated herein and attached hereto as Exhibit A Oracle s Integrated Software Options License Definitions Rules and Metrics are incorporated herein and attached hereto as Exhibit C Terms for Oracle Solaris are incorporated herein and attached hereto as Exhibit D 14 If any provision herein or document incorporated by reference into these Government Oracle Supplemental Terms and Conditions including the License Definitions and Rules and terms included and or referenced therein contains a provision a allowing for the automatic termination of your technical support services b allowing for the automatic renewal of services and or fees c requiring the governing law to be anything other than Federal law and or d specifying jurisdiction and venue of any action then such terms shall not apply with respect to the U S Government If any document incorporated by reference into these Government Oracle Supplemental Terms and Conditions including the License Definitions and Rules and terms included and or referenced therein contains an indemnification provision such provision shall apply to the extent nor prohibited by law and with respect to the U S Government such indemnification provision shall not apply as to the United States indemnifying Oracle or any other party however Oracle reserves the right to seek indemnification from the U S Government in accordance with the terms of section G above should Federa
26. the contract or the applicable order You shall be responsible for either paying any underpaid fees related to use of the programs and Oracle or the Contractor as the case may be shall submit a contract modification to document the amount of such fees or for discontinuing noncompliant use Oracle shall not be responsible for any costs incurred by you in cooperating with the audit 10 Upon termination of a program license you are required to discontinue use and destroy or return to the Contractor all copies of the programs and program documentation associated with the terminated license Oracle Engineered Systems Government Supplemental Terms and Conditions v120412r1 Page 8 Kristan Watson eSigned 2014 01 03 01 04PM PST kristan watson oracle com Se HE Document Integrity Verified meenesosesmanoesmsemmaniT n unman EchoSign Transaction Number X473PX23U254EXH Ia 11 Source code may be delivered as part of the standard delivery for particular programs operating system or integrated software all such source code is subject to the terms of the contract including these Government Oracle Supplemental Terms and Conditions the applicable order and the applicable program documentation 12 Oracle s Applications Licensing Table in effect as of the effective date of this Contract is attached hereto as Exhibit B You may access the current version of the Applications Licensing Table at http oracle com contracts 13 Oracle s Licen
27. year s fees If you elect not to purchase technical support at the time that the hardware is ordered then you may be required to pay reinstatement fees in accordance with Oracle s technical support policies in effect at the time of reinstatement if you decide to purchase technical support at a later date Technical support for hardware is effective upon delivery of hardware or upon the effective date of the order if shipment of hardware is not required Invoices for technical support services shall be submitted by Contractor on a quarterly basis unless otherwise specified in the order after the completion of such period Technical support services charges for SULS or any successor technical support offering to SULS are classified as Software Maintenance as a Service and must be paid in arrears 31 U S C 3324 PROMPT PAYMENT DISCOUNT IF APPLICABLE SHALL BE SHOWN ON THE INVOICE Notwithstanding anything in Oracle s technical support policies or Oracle s Hardware and Systems Support Policies to the contrary you may discontinue support at the end of any current support term and at any time thereafter reinstate support by executing an order for such services with Contractor If you decide to reinstate such support you must pay a reinstatement fee The reinstatement fee shall be the amount that would have been paid by the ordering activity for the past support period had such support not lapsed In addition to the reinstatement fee described
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