Annual Report of a Foreign Private Issuer — Form 20-F
Filing Table of Contents
Document/Exhibit Description Pages Size
1: 20-F Annual Report of a Foreign Private Issuer -- 125 634K
form20-f
4: EX-4 Amendment to Software License Agreement 4 16K
2: EX-4 Contract of Employment 16 70K
5: EX-4 License and Services Agreement 8 46K
3: EX-4 Software License Agreement 24 72K
6: EX-21 List of Subsidiaries 2± 9K
7: EX-23 Consent 1 7K
8: EX-31 Certification per Sarbanes-Oxley Act (Section 302) 2± 10K
9: EX-31 Certification per Sarbanes-Oxley Act (Section 302) 2± 10K
10: EX-32 Certification per Sarbanes-Oxley Act (Section 906) 1 7K
11: EX-32 Certification per Sarbanes-Oxley Act (Section 906) 1 7K
EX-4 — License and Services Agreement
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EXHIBIT 4.39
ORACLE
ORACLE LICENSE AND SERVICES AGREEMENT
A. AGREEMENT DEFINITIONS
"You" and "your" refers to the individual or entity that has ordered Oracle
programs and/or services from Oracle Corporation Canada Inc. ("Oracle") or an
authorized distributor. The term "programs" refers to the software products
owned and distributed by Oracle, which you have ordered, program documentation,
and any program updates acquired through technical support. The term "services"
refers to technical support ,education , outsourcing, consulting or other
services which you have ordered.
B. APPLICABILITY OF AGREEMENT
This agreement is valid for the order to which this agreement accompanies.
C. RIGHTS GRANTED
Upon Oracle's acceptance of your order, you have the limited right to use the
programs and receive any services you ordered solely for your internal business
operations and subject to the terms of this agreement, including the definitions
and rules set forth in the order and the program documentation. You may allow
your agents and contractors to use the programs for this purpose and you are
responsible for their compliance with this agreement in such use. If accepted
Oracle will notify you and this notice will include a copy of your agreement.
Program documentation is either shipped with the programs, or you may access the
documentation online at http://docs.oracle.com/contracts. Services are provided
based on Oracle's policies for the applicable services ordered, which are
subject to change, and the specific policies applicable you, and how you access
them, will be specified in your order. Upon payment for services, you will have
a perpetual, non-exclusive, non-assignable, royalty free license to use for your
internal business operations anything developed by Oracle and delivered to you
under this agreement; however, certain deliverables may be subject to additional
license terms provided in the ordering document.
The services provided under this agreement may be related to your license to use
programs, which you acquire under a separate order. The agreement referenced in
that order shall govern your use of such programs. Any services acquired from
Oracle are bid separately from such program licenses, and you may acquire either
services or such program licenses without acquiring the other.
D. OWNERSHIP AND RESTRICTIONS
Oracle retains all ownership and intellectual property rights to the programs
and anything developed by Oracle and delivered to you under this agreement
resulting from the services. You may make a sufficient number of copies of each
program for your licensed use and one copy of each program media.
You may not:
o remove or modify any program markings or any notice of Oracle's proprietary
rights;
o make the programs 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
or materials you have acquired);
o cause or permit reverse engineering (unless required by law for
interoperability), disassembly or decompilation of the programs; or
o disclose results of any program benchmark tests without Oracle's prior
written consent.
E. WARRANTIES, DISCLAIMERS AND EXCLUSIVE REMEDIES
Oracle warrants that a program licensed will operate in all material respects as
described in the applicable program documentation for one year after delivery.
You must notify Oracle of any program warranty deficiency within one year after
delivery. Oracle also warrants that services ordered will be provided in a
manner consistent with industry standards. You must notify Oracle of any
services warranty deficiencies within 90 days from performance of the services
described in the ordering document.
ORACLE DOES NOT GUARANTEE THAT THE PROGRAMS WILL PERFORM ERROR-FREE OR
UNINTERRUPTED OR THAT ORACLE WILL CORRECT ALL PROGRAM ERRORS. 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.
FOR ANY BREACH OF THE WARRANTIES, YOUR EXCLUSIVE REMEDY, AND ORACLE'S ENTIRE
LIABILITY, SHALL BE: (A) THE CORRECTION OF PROGRAM ERRORS THAT CAUSE BREACH OF
THE WARRANTY, OR IF ORACLE CANNOT SUBSTANTIALLY CORRECT A BREACH IN A
COMMERCIALLY REASONABLE MANNER, YOU MAY END YOUR PROGRAM LICENSE AND RECOVER THE
FEES PAID TO ORACLE FOR THE PROGRAM LICENSE AND ANY UNUSED, PREPAID TECHNICAL
SUPPORT FEES YOU HAVE PAID FOR THE PROGRAM LICENSE; OR (B) THE REPERFORMANCE OF
THE DEFICIENT SERVICES, OR IF ORACLE CANNOT SUBSTANTIALLY CORRECT A BREACH IN A
COMMERCIALLY REASONABLE MANNER, YOU MAY END THE RELEVANT SERVICES AND RECOVER
THE FEES PAID TO ORACLE FOR THE RELEVANT SERVICES.
F. TRIAL PROGRAMS
You may order trial programs, or Oracle may include additional programs with
your order 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 each program from
Oracle or an authorized distributor. If you decide not to obtain a license for
any program after the 30 day trial period, you will cease using and will delete
the applicable 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.
G. INDEMNIFICATION
If someone makes a claim against you or Oracle ("Recipient") that any
information, design, specification, instruction, software, data, or material
("Material") furnished by either you or Oracle ("Provider") and used by the
Recipient infringes its intellectual property rights, the Provider will
indemnify the Recipient against the claim if the Recipient does the following:
o notifies the Provider promptly in writing, not later than 30 days after the
Recipient receives notice of the claim, or sooner if required by applicable
law;
o gives the Provider sole control of the defense and any settlement
negotiations; and
o gives the Provider the information, authority, and assistance the Provider
needs to defend against or settle the claim.
If the Provider believes that any of the Material may have violated someone
else'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 the return of, the applicable Material and refund any fees the
Recipient may have paid for it and any unused, prepaid technical support fees
you have paid for the license. If you are the Provider and such return
materially affects Oracle's ability to meet its obligations under the relevant
order, then Oracle may, at its option and upon 30 days prior written notice,
terminate the order. The Provider will not indemnify the Recipient if the
Recipient alters the Material outside the scope of use identified in the
Provider'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, 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 programs with any products or services not provided by
Oracle. This section provides the parties' exclusive remedy for any infringement
claims or damages.
H. TECHNICAL SUPPORT
For purposes of the ordering document, technical support consists of Software
Updates, Product Support and/or other annual technical support services you 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 are 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 have
been paid. You should review the policies prior to entering into the ordering
document for the applicable services. You may access the current version of the
technical support policies at http://oracle.com/contracts.
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Technical support is effective upon shipment, or if shipment is not required,
upon the effective date of the ordering document. If you 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 your order may be renewed
annually and, if you renew 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
5% over the prior year's fees. If your 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 you by your partner; the fee
for Software Updates or Product Support for the second renewal year will not
increase by more than 5% over the prior year's fees.
If you decide to purchase technical support for any license within a license
set, you are required to purchase technical support at the same level for all
licenses within that license set. You may desupport a subset of licenses in a
license set only if you agree to terminate the 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 you decide not to purchase technical support, you may not update any
unsupported program licenses with new versions of the program.
Oracle reserves the right to desupport its programs. You 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.
I. END OF AGREEMENT
If either of us breaches a material term of this agreement and fails to correct
the breach within 30 days of written specification of the breach, the other
party may terminate this agreement. If Oracle ends this agreement as specified
in the preceding sentence or under the Indemnification section, you must pay
within 30 days all amounts which have accrued prior to the end of this
agreement, as well as all sums remaining unpaid for programs ordered and/or
services received under this agreement plus related taxes and expenses. Except
for nonpayment of fees, we each agree to extend the 30-dayperiod for so long as
the breaching party continues reasonable efforts to cure the breach. You agree
that if you are in default under this agreement, you may not use those programs
and/or services ordered. You further agree that if you have used an Oracle
Finance Division contract to pay for the fees due under an order and you are in
default under that contract, you may not use the programs and/or services
ordered and Oracle may end this agreement. Provisions that survive termination
or expiration include those relating to limitation of liability, infringement
indemnity, payment, and others, which by their nature are intended to survive.
J. FEES AND TAXES
All fees payable to Oracle are due within 30 days from the invoice date. You
agree to pay any sales, value-added or other similar taxes imposed by applicable
law which Oracle must pay based on the programs or services you ordered, except
for taxes based on Oracle's income. Also, you will reimburse Oracle for
reasonable expenses related to providing the services you ordered, except for
taxes based on Oracle's income. Also, you will reimburse Oracle for reasonable
expenses related to providing the services. Fees for services listed in an
ordering document are exclusive of taxes and expenses. You agree that you have
not relied on the future availability of any programs or updates in entering
into the payment obligations in your order.
K. NONDISCLOSURE
By virtue of this agreement, the parties may have access to information that is
confidential to one another ("confidential information"). Confidential
information shall be limited to the terms and pricing under this agreement, and
all information clearly identified as confidential.
A party's confidential information shall not include information that: (a) is or
becomes a part of the public domain through no act or omission of the other
party; (b) was in the other party's lawful possession prior to the disclosure
and had not been obtained by the other party either directly or indirectly from
the disclosing party; (c) is lawfully disclosed to the other party by a third
party without restriction on the disclosure; or (d) is independently developed
by the other party.
We each agree to hold each other's confidential information in confidence for a
period of three years from the date of disclosure. We each agree, to disclose
confidential information only to those employees or agents who are
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required to access it in furtherance of this agreement and who are required to
protect it against unauthorized disclosure. Nothing shall prevent either party
from disclosing the terms or pricing under this agreement or orders submitted
under this agreement in any legal proceeding arising from or in connection with
this agreement.
L. ENTIRE AGREEMENT
You agree that this agreement and the information which is incorporated into
this agreement by written reference (including reference to information
contained in a UR or referenced policy), together with the applicable order, are
the complete agreement for the programs and services ordered by you, and this
agreement supersedes all prior or contemporaneous agreements or representations,
written or oral, regarding such programs and/or services. If any term of this
agreement is found to be invalid or unenforceable, the remaining provisions will
remain effective. It is expressly agreed that the terms of this agreement and
any Oracle ordering document shall supersede the terms in any purchase order or
other non-Oracle ordering document and no terms included in any such purchase
order or other non-Oracle ordering document shall apply to the programs and/or
services ordered. This agreement and ordering documents may not be modified and
the rights and restrictions may not be altered or waived except in a writing
signed or accepted online through the Oracle Store by authorized representatives
of you and of Oracle. Any notice required under this agreement shall be provided
to the other party in writing.
M. LIMITATION OF LIABILITY
NEITHER PARTY SHALL BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE,
OR CONSEQUENTIAL DAMAGES, OR ANY LOSS OF PROFITS, REVENUE, DATA, OR DATA USE.
ORACLE'S MAXIMUM LIABILITY FOR ANY DAMAGES ARISING OUT OF OR RELATED TO THIS
AGREEMENT OR YOUR ORDER, WHETHER IN CONTRACT OR TORT, SHALL BE LIMITED TO THE
FEES YOU PAID ORACLE FOR THE DEFICIENT PROGRAM OR SERVICES UNDER THIS AGREEMENT
AS SPECIFIED IN YOUR ORDER. IN NO EVENT SHALL ORACLE'S LIABILITY ARISING OUT OF
OR RELATED TO THIS AGREEMENT EXCEED THE TOTAL VALUE UNDER YOUR ORDER.
N. EXPORT
Export laws of Canada, the United States and any other relevant local export
laws and regulations apply to the programs. You agree that such export control
laws govern your use of the programs (including technical data) and any services
deliverables provided under this agreement, and you agree to comply with all
such export laws and regulations (including "deemed export" and "deemed
re-export" regulations); additional information can be found on Oracle's Global
Trade Compliance web site which can be assessed at http://oracle.com/contracts.
You agree that no data, information, program and/or materials resulting from
services (or direct product thereof) will be exported directly or indirectly, in
violation of these laws including, without limitation, nuclear, chemical or
biological weapons proliferation, or development of missile technology.
O. OTHER
This agreement is governed by the laws of the Province of Ontario and you and
Oracle agree to submit to the exclusive jurisdiction of, and venue in, the
courts in Toronto, Ontario in any dispute arising out of or relating to this
agreement
If you have a dispute with Oracle or if you wish to provide a notice under the
Indemnification section of this agreement, or if you become subject to
insolvency proceedings, you will promptly send written notice to: Oracle
Corporation Canada Inc. 110 Matheson Blvd. W., Suite 100, Mississauga, Ontario,
L5R 3P4, Attention: General Counsel, Legal Department.
You may not assign this agreement or give or transfer the programs and/or any
services or an interest in them to another individual or entity. If you grant a
security interest in the programs and/or any services deliverables, the secured
party has no right to use or transfer the programs and/or any services
deliverables, and if you decide to finance your acquisition of the programs
and/or any services, you will follow Oracle's policies regarding financing and
leasing which are at http://www.oracle.com/contracts.
Except for actions for nonpayment or breach of Oracle's proprietary rights, no
action, regardless of form, arising out of or relating to this agreement may be
brought by either party more than two years after the cause of action has
accrued.
Upon 45 days written notice, Oracle may audit your use of the programs. You
agree to cooperate with Oracle's audit and provide reasonable assistance and
access to information. You agree to pay within 30 days of written notification
any fees applicable to your use of the programs in excess of your license
rights. If you do not pay, Oracle can end your technical support, licenses
and/or this agreement. You agree that Oracle shall not be responsible for any of
your costs incurred in cooperating with the audit.
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P. FORCE MAJEURE
Neither of us shall be responsible for failure or delay of performance if caused
by: an act of war, hostility, or sabotage; act of God; electrical, Internet, or
telecommunication outage that is not caused by the obligated party; government
restrictions (including the denial or cancellation of any export or other
license); other event outside the reasonable control of the obligated party. We
both will use reasonable efforts to mitigate the effect of a force majeure
event. If such event continues for more than 90 days, either of us may cancel
unperformed services under written notice. This section does not excuse either
party's obligation to take reasonable steps to follow its normal disaster
recovery procedures or your obligation to pay for services provided.
Q. LICENSE DEFINITIONS AND RULES
To fully understand your license grant, you need to review the definition for
the licensing metric and term designation as well as the licensing rules, which
are listed below.
DEFINITIONS 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.
COLLABORATION PROGRAM USER: is defined as an individual authorized by you 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 your 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 your company and
attending a web conference are not required to be licensed.
COMPUTER: is defined as the computer on which the programs are installed. A
computer license allows you to use the licensed program on a single specified
computer.
HOSTED NAMED USER: is defined as an individual authorized by you to access the
hosted service, regardless of whether the individual is actively accessing the
hosted service at any given time.
ILEARNING SUBSCRIPTION: is defined as a web based learning environment that is
made available to you subject to the terms of this agreement and Oracle's
iLearning Subscription Policies. Oracle's iLearning Subscription Policies may be
accessed at http://oracle.com/contracts and may be updated by Oracle from time
to time without notice to you.
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 are located at
www.oracle.com/contracts, and are subject to change.
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/contractsunder the terms specified therein. Learning Credits
may only be used to acquire products and services at the list price in effect at
the time you order 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 your order is accepted by
Oracle, and you must acquire products and must use any acquired services prior
to the end of such period. You may only use Learning Credits in the country in
which you acquired them, and 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. You may be required to execute standard Oracle
ordering materials when using Learning Credits to order products or services.
NAMED USER PLUS: is defined as an individual authorized by you to use the
programs which are installed on a single server or multiple servers, regardless
of whether the individual is actively using the programs at any given time. A
non human operated device will be counted as a named user 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. You are
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.
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ORACLE FINANCE DIVISION CONTRACT: is a contract between you 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 you
subject to the terms of this agreement and Oracle University's Online Library
Hostess Access Policies. Oracle University's Online Library Hosting Access
policies may be accessed at http://oracle.com/contracts, and may be updated by
Oracle from time to time without notice to you. You acknowledge that you will
create and activate an administrator account and password and that the Oracle
University Online Library service is available on
http://oracle.com/education/oln. The term of your Oracle University Online
Library service shall be one year from the effective date of your order (except
the Oracle University Premium Online Library service available in the courses
and languages specified at http://oracle.com/education/oln, the term for which
shall be six months from the effective date of your order). At the end of the
term, the Oracle 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 your local Oracle Education Sales Office. If you choose 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.
PARTNER ORGANIZATION: is defined as an external third party business entity that
provides value-added services in marketing and selling your products. Depending
upon the type of industry, partner organizations play different roles and are
recognized by different names such as reseller, distributor, agent, dealer or
broker.
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 your 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.
PROGRAM DOCUMENTATION: is defined as the program user manual and program
installation manuals.
TECHNICAL REFERENCE MANUALS
Technical Reference Manuals ("TRMs") are Oracle's confidential information. You
shall use the TRMs solely for your 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. You shall not disclose, use or permit the
disclosure or use by others of the TRMs for any other purpose. You shall not use
the TRMs to create software that performs the same or similar functions as any
of Oracle products. You agree: (a) to exercise either at least the same degree
of care to safeguard the confidentiality of the TRMs as you exercise to
safeguard the confidentiality of your own most important confidential
information or a reasonable degree of care, whichever is greater; (b) to
maintain agreements with your employees and agents that protect the
confidentiality and proprietary rights of the confidential information of third
parties such as Oracle and instruct your employees and agents of these
requirements for the TRMs; (c) restrict disclosure of the TRMs to those of your
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 your
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 you
"as-is" without any warranty of any kind. Upon termination, you shall cease
using, and shall return or destroy, all copies of the applicable TRMs.
TERM DESIGNATION
----------------
If your 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.
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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
---------------
Failover: Your 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.
Testing: For the purpose of testing physical copies of backups, your 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.
You are responsible for ensuring that the following restrictions are not
violated:
o 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.
o Oracle Standard Edition One may be only used on machines, which have the
ability to run a maximum of two processors.
o The number of TRACE licenses (Rdb Server Option) must match the number of
licenses of the associated database.
o 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.
If you purchase Named User Plus licenses for the programs listed below, you must
maintain the following user minimums and user maximums:
PROGRAM NAMED USER PLUS 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 Plus per Processor
Message Broker 10 Named Users Plus per Processor
TopLink 10 Named Users Plus per Processor
Internet Application Server Java Edition 10 Named Users Plus per Processor
Internet Application Server Standard Edition 10 Named Users Plus per Processor
Internet Application Server Enterprise Edition 10 Names Users Plus per Processor
PROGRAM NAMED USER PLUS MAXIMUM
Personal Edition 1 Named User Plus per database
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The number of licenses for the programs listed below must match the number of
licenses of the associated database and if you purchase Named User Plus licenses
for these programs, you 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
World Gaming Plc Oracle Corporation Canada Inc.
Authorized Signature Authorized Signature
Name: Anthony Daniel Moran Name:
Title: CEO Title:
Signature Date: 20 May 2004 Signature Date:
Effective Date: 20 May 2004
PROGRAM NAMED USER PLUS MAXIMUM
Personal Edition 1 Named User Plus per database
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