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RE: Is an Oracle license required for a development environment?

From: Ken Naim <kennaim_at_gmail.com>
Date: Wed, 3 May 2006 02:09:43 -0500
Message-ID: <006b01c66e80$8e0af5b0$b4ae6a44@KenHome>


Almost every sales rep I have dealt with over the last 7 years basically said the same thing; you have to license your production instances, the others were clueless and eventually when pushed said the same thing. The key is to remember there is no standard agreement; everything is negotiable especially when it is EOQ/EOY and more so when your sales rep is near a quota. Make sure you get any verbal agreements in writing (as always with any deal). If you need attorney approval for contract signing make sure you give enough time before EOY/EOQ as lawyers are very busy and usually not sensitive to your timelines.  

Ken Naim  


From: oracle-l-bounce_at_freelists.org [mailto:oracle-l-bounce_at_freelists.org] On Behalf Of Stefan Knecht
Sent: Wednesday, May 03, 2006 1:18 AM
To: oracle-l_at_freelists.org
Subject: Re: Is an Oracle license required for a development environment?  

We've just recently had a guy from Oracle in-house to perform a routine "License Check" for our major client.

We've got 13 CPU's licensed for Oracle running various production instances. We've also got about another dozen of CPU's runnign Oracle Test/Development instances, and we're not paying a dime for them, and the guy didn't seem to object in any way. I'm pretty confident that you're allowed to use Oracle for Test and Development as much as you like.

But please correct me if I'm wrong :) -- even if I doubt my boss would like to hear otherwise <grin>

Stefan
On 5/3/06, Mark Brinsmead <pythianbrinsmead_at_gmail.com> wrote: Giovanni has more or less "hit the nail on the head".

I have always interpreted this license to mean that one (as an indepenent consultant) can use the development (OTN) license to develop software that will be used by customers, but a corporation developing applications for (eventual) use in-house would require commercial licenses. It *might* be legal for a corporation doing in-house development to use OTN licenses for the version 0.0 prototype, but (as I read the license) a commercial license would have to be obtained prior to "deployment".

Basically, the bottom line is -- as Mladen has suggested -- that everything must be licensed. The major exceptions being the various products that Oracle now gives away free, and "cold-standy" (or "recovery-test" or "disaster-recovery") database servers where you are allowed to install the software without licensing it, with the restriction that you may run the software for no more than 10 days per calendar year without purchasing a license. (Note: that is actually "10 days-or-parts-thereof". Anyone who has ever rented a car should know that this is not even remotely similar to 240 hours!)

Please note: I am not a lawyer. And I am not your lawyer. Heck, I have not even actually read the standard OLSA license in several months, and I may or may not be accurately remembering the details or correctly interpreting the language. Even in the highly unlikey event that I *am*, I probably have not seen the actual contract that applies to you. Do not base any decisions on anything I have said here or anywhere else. Go hire a qualified lawyer. Do it NOW!!!! Save yourself! Run! ;-)

On 5/2/06, Giovanni Cuccu < <mailto:giovanni.cuccu_at_gmail.com> giovanni.cuccu_at_gmail.com> wrote:
Hi,

   here is a ctrl-C of the development licence: Oracle Technology Network Development License Agreement ....
...
We grant you a nonexclusive, nontransferable limited license to use the programs only for the purpose of developing a single prototype of your application, and not for any other purpose. If you use the application you develop under this license for any internal data processing or for any commercial or production purposes, or you want to use the programs for any purpose other than as permitted under this agreement, you must contact us, or an Oracle reseller, to obtain the appropriate license.
....
....

I understand that when I start developing an application I can download and use the Oracle Software. It's not clear what happens to my development DB when my application goes live (provided that the customers are buying their licences), can the version 1.0 be considered as a prototype for the next version? Mah,

     Giovanni

On 5/2/06, Nigel Bishop < Nigel.Bishop_at_ioko.com> wrote:
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-- 
Cheers,
-- Mark Brinsmead
   Staff DBA,
   The Pythian Group 
   http://www.pythian.com/blogs 
 


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Received on Wed May 03 2006 - 02:09:43 CDT

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