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Re:RE: Contract wording: CODE OWNERSHIP

From: <Hannah.M.Doran_at_sb.com>
Date: Thu, 21 Dec 2000 12:05:54 -0500
Message-Id: <10717.125128@fatcity.com>


Have a clause put into the contract that if the company dissolves, your company gets ownership of the code. Furthermore a copy of the code should be kept off of their site in case of disaster etc.

Sounds inane I know. But if you have a mission critical app with a vendor and the vendor goes bye bies....... well, at least you have the code. Push for it.

Hannah

dgoulet_at_vicr.com on 12/21/2000 11:10:32 AM

Please respond to ORACLE-L_at_fatcity.com

To: Multiple recipients of list ORACLE-L <ORACLE-L_at_fatcity.com> cc:
Subject: Re:RE: Contract wording

I'll agree with Steve wholeheartedly. We had a relationship with a vendor where they mandated that they provide an interface to Oracle to "save us the hassles with OWS". Well, as it turned out they were a VERY small company, which has since gone the way of the DODO bird. Their 5 people were all VB developers with absolutely no real experience with Oracle. They had installed in VIA the installer onto an NT system & that was all. If it broke they just re-installed.  Needless to say when the first issue occurred they took forever to "get an answer from Oracle". So long in fact that I had already called Oracle, using another CSI mind you, gotten the answer and was waiting with baited breath for their response. When they finally called, one month later & after 45 or so follow-up calls, I had a pile of fun. So in a way I guess having that type of relationship with your vendor is rewarding. Certainly gave me a chance to "unload"!!!

Dick Goulet

____________________Reply Separator____________________
Author: "Steve Orr" <sorr_at_arzoo.com>
Date:       12/20/2000 4:10 PM

I had something like that once. It was a "limited use" contract meaning that we could only use the database for the 3rd party vendor's app. It was a full function database at a much reduced cost but we could not legally add other apps or develop our own apps under that license. It was a real hassle for pure Oracle support issues having a middle man. They weren't used to dealing with a real life DBA and sometimes they were trying to get answers to questions they couldn't even understand :-( Sometimes they would give me direct contact with OWS using a special access code with their CSI#. Eventually we were able to pay a reduced amount to the 3rd party vendor for only supporting their app along with a separate support contract directly with Oracle. For awhile, we had 2 Oracle licenses, one cheap limited use license on the big production server with the 3rd party, and another more expensive license directly with Oracle on a smaller development machine. Since we had a copy of the app on the small development machine we could also get direct Oracle support under that CSI. Maybe your 3rd party vender is better but based on my past experience, I'd recommend that you do whatever you can to get support directly from OWS.

Good Luck,
Steve Orr

-----Original Message-----

Sent: Wednesday, December 20, 2000 8:39 AM To: Multiple recipients of list ORACLE-L

Dear List,

We are about to purchase an application that uses Oracle. For various reasons, we will be purchasing the Oracle licenses from the vendor instead of Oracle themselves. We will also be buying Oracle support through the vendor, which in the language of the vendor, means that they want to be the middle man between us and Oracle for support calls. I want the option of going through the vendor or directly to Oracle to avoid this extra layer of
(mis)communication.

This being our first encounter with this type of setup, I was wondering if anyone had language that they use in a contract that addresses this situation.

TIA, Larry Hahn
DBA
Journal Sentinel, Inc.
Milwaukee, Wi 53203

Author: Larry Hahn
  INET: lhahn_60_at_yahoo.com

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Author: Steve Orr
  INET: sorr_at_arzoo.com

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  INET: dgoulet_at_vicr.com
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