Oracle Terms and Conditions

The following additional terms and conditions are required by Oracle Israel Ltd. and/or its affiliates (“Oracle”) and apply only to software products licensed from Oracle (“Oracle Software”) that are included in the Aternity Software, in addition to all of the terms of the applicable purchase, license or other agreement (“Agreement”).

  1. The parties acknowledge that the Aternity Software includes Oracle Software. Oracle and its licensors retain all ownership and intellectual property rights in the Oracle Software. Customer acknowledges that the Oracle Software is subject to a restricted license and Customer shall not resell, assign, sublicense or provide access to any Oracle Software to any third party; if Customer grants any third party a security interest in the Aternity Software or any Oracle services, the secured party has no right to use or transfer the Oracle Software or such Oracle services. Customer shall only use Oracle Software as included in the Aternity Software. Customer shall comply with any applicable license definitions and rules set forth in any Oracle Software documentation provided with the Aternity Software. Without limiting the Agreement, Customer shall not modify any Oracle Software and shall not remove or modify any Oracle Software markings or any notice of Oracle’s or its licensors’ proprietary rights. If any Oracle Software is provided on physical media, Customer shall only make one copy of such media.
  2. Without granting any additional licenses under the Agreement, if Customer’s affiliates are authorized to use Aternity Software under the Agreement, the following terms apply: Customer may authorize its affiliates to access, use or operate the Aternity Software solely on Customer’s behalf, provided that (i) Customer obtains any such affiliate’s binding consent to abide by the terms of the Agreement, and (ii) Customer remains responsible for such affiliate’s use of the Aternity Software and compliance with the terms and conditions of the Agreement, and any breach of the Agreement by the affiliate will be deemed a breach of the Agreement by Customer.
  3. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ORACLE DISCLAIMS ALL 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 ANY USE OF ORACLE SOFTWARE. ORACLE IS NOT OBLIGATED TO PERFORM ANY OBLIGATIONS UNDER THE AGREEMENT AND CUSTOMER HEREBY DISCHARGES ORACLE OF ANY LIABILITY WITH RESPECT TO ANY ORACLE SOFTWARE ACQUIRED BY CUSTOMER AS PART OF THE ATERNITY SOFTWARE.
  4. Customer acknowledges and agrees that Customer has not relied on the future availability of any Oracle Software, programs, hardware, learning credits or services in entering into the Agreement and/or any other agreement (if any) governing the acquisition of the Aternity Software between Customer and any Aternity authorized channel partner or third party; provided, however, that (a) if Customer orders technical support from Oracle, the preceding sentence does not relieve Oracle 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 foregoing does not change the rights granted to Customer for any Oracle Software licensed under the Agreement, per the terms of such agreement.
  5. If Customer acquires Aternity Software through an Aternity authorized channel partner that purchased the Aternity Software directly from Aternity, and such Aternity authorized channel partner offers Customer extended payment terms, financing, or leasing terms, Customer and such Aternity authorized channel partner offering such terms agree to be subject to Oracle’s Third Party Financing Notice available at http://oracle.com/contracts.
  6. In addition to and without limiting any audit rights set forth in the Agreement, Customer shall allow Aternity to audit Customer’s use of the Oracle Software included in the Aternity Software upon reasonable notice by Aternity and shall allow Aternity to report any audit results to Oracle and/or assign Aternity’s right to audit Customer’s use of the foregoing to Oracle. Customer agrees to provide reasonable assistance and access to information and otherwise cooperate with Aternity and/or Oracle in such audit. If Oracle is assigned the right to conduct the audit, Oracle is not responsible for any of Customer’s costs incurred in cooperating with audit.
  7. Customer acknowledges that the Oracle Software may include source code that Oracle may provide as part of its standard shipment of such Oracle Software, which source code is governed by the terms of the Agreement.
  8. Customer acknowledges that third party technology that may be appropriate or necessary for use with some Oracle Software is specified in the applicable documentation, readme files, notice files, installation details or hardware documentation or as otherwise notified by Aternity and that such third party technology is licensed to Customer only for use with the Aternity Software under the terms of the third party license agreement specified in such documentation, readme files, notice files, installation details or hardware documentation or as otherwise notified by Aternity.
  9. Customer acknowledges and agrees that, if requested by Oracle, Aternity may provide Oracle with a copy of the Agreement and any other applicable ordering, purchase, or similar documents between Aternity and Customer related to the Aternity Software. Customer further acknowledges that, if requested by Oracle, Aternity may be required to assign to Oracle or its designee the right to enforce the Agreement and in such instance Customer acknowledges that Oracle will be deemed a third party beneficiary of the Agreement.
  10. If Customer is a public sector end user (as defined below), in addition to the terms and conditions in Sections 1 through 9 above, the following terms and conditions also apply:
    1. A “public sector end user” refers to an end user that is 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, including the International Red Cross, United Nations, or the World Bank.
    2. If Customer decides to finance its acquisition of the Aternity Software, Customer must follow Oracle’s policies regarding financing, which are available at http://oracle.com/contracts.
    3. If any ancillary third party programs are specified in the Oracle Software documentation, such ancillary programs may only be used by Customer for the purposes of installing or operating the Aternity Software.
    4. If Oracle includes any additional programs with the Oracle Software that are not included in Customer’s license to the Aternity Software, Customer may only use such additional programs for trial, nonproduction purposes. Customer shall not use such additional programs included with the Oracle Software to provide training or attend training provided by Aternity 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 the Agreement. If Customer decides to use any additional programs after the 30 day trial period, Customer must obtain a license for such programs from Aternity. If Customer decides not to obtain a license for the additional programs after the 30 day trial period, Customer shall cease using and will delete any such programs from Customer’s computer systems. Any additional programs included with Oracle Software are provided “AS IS” by Oracle and Oracle does not provide technical support or offer any warranties for these programs.
    5. If Customer orders technical support from Oracle, it is provided under Oracle’s technical support policies in effect at the time the services are provided. Oracle’s technical support policies can be accessed at http://oracle.com/contracts. Customer acknowledges that Oracle’s technical support policies are incorporated into the Agreement by reference. If Customer decides not to purchase technical support at any time then Customer will be required to pay reinstatement fees to Oracle in accordance with Oracle’s current technical support policies if Customer decides to purchase support from Oracle at a later date.
    6. Customer acknowledges that any third party firms retained by Customer to provide computer consulting services are independent of Oracle and are not Oracle’s agents and Oracle is not liable for nor bound by any acts of any third party firm.
    7. Customer acknowledges that if Customer purchases any hardware supplied by Oracle, such hardware 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.
    8. Notwithstanding anything to the contrary in the Agreement, the Uniform Computer Information Transactions Act is hereby excluded.