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RE: Dataguard Licensing

From: Goulet, Dick <richard.goulet_at_capgemini.com>
Date: Wed, 30 Apr 2008 08:40:09 -0400
Message-ID: <746B47FAF6783042B256C0E7CC0795CD02A70048@caonmastxm02.na.capgemini.com> 





Mark,

 



            On those points I absolutely agree.  If in doubt take your
license to a lawyer who can understand it.  Or before you install
anything give Oracle License Management Services (LMS) a call.  I've
found them very nice people if you involve them before you cross any red
lines, and even if you have crossed the lines.  The biggest point that
I've seen work very well with Oracle is to ask first.  If your in
violation they will give you both the path back into compliance and the
path to modifying the license to cover what your actually using.  The
most important point is to act in "good faith" otherwise they, just like
Microsoft, will do what they have to to protect their rights.  But
unlike Microsoft their a darn lot nicer about it.

 





Dick Goulet / Capgemini


North America P&C / East Business Unit


Senior Oracle DBA / Hosting


Office: 508.573.1978 / Mobile: 508.742.5795 / www.capgemini.com
Fax: 508.229.2019 /  Email: richard.goulet_at_capgemini.com
45 Bartlett St. / Marlborough, MA 01752



Together: the Collaborative Business Experience 








From: Mark Brinsmead [mailto:pythianbrinsmead_at_gmail.com] 
Sent: Wednesday, April 30, 2008 12:01 AM
To: Goulet, Dick


Cc: sbecker6925_at_gmail.com; howard.latham_at_gmail.com; oracle-l
Subject: Re: Dataguard Licensing

 



Absolutely right.



Anybody could have a license that differs from the OLSA.  It has been my
experience, or at least my belief, however, that most Oracle customers
are governed by some form of the OLSA.  (Very large customers, however
are less likely to be.)  Okay -- let me be honest, most clients I talk
to seem to have no idea what their licensing terms are...



In any event, while anybody may negotiate ammendments to the standard
Oracle contract, they must be executed in writing by a duly authorised
officer of Oracle corp.  Somehow, I doubt that most sales reps fall into
that category...



My bottom line on this topic remains unchanged -- if you want to
understand your licensing rights and obligations, there is one and only
one valid source of information: your license agreement.  Sadly, there
are lots of unreliable sources, and even more sadly, I have found that
Oracle sales reps are sometimes among the worst.





On Tue, Apr 29, 2008 at 7:52 AM, Goulet, Dick
<richard.goulet_at_capgemini.com> wrote:



Mark,

 



            What you have is the "general" user license that they have
published on the web in the event that you buy software through the web
and not through Oracle sales.  Yes, read the actual contract your
running under & get the legal beagles involved because the alternative
can be expensive.   Oracle sales is allowed to change the license,
within bounds specified by Oracle's legal folks, and the terms in the
signed contract are what you and Oracle are bound to.  If your not sure
& your legal folks can't clarify the situation a call to Oracle's
License Management Service (LMS) can be helpful.  They can wade through
the legal mumbo-jumbo & give you what your particular CSI is licensed
for.  What you really don't want is an unexpected visit from LMS to
"evaluate your license & usage".  Although the outcome can be friendly
it also comes with a very large stick attached. BTDT, OUCH!

 





Dick Goulet / Capgemini


North America P&C / East Business Unit


Senior Oracle DBA / Hosting


Office: 508.573.1978 / Mobile: 508.742.5795 / www.capgemini.com
Fax: 508.229.2019 /  Email: richard.goulet_at_capgemini.com
45 Bartlett St. / Marlborough, MA 01752



Together: the Collaborative Business Experience 






 



-- 
Cheers,
-- Mark Brinsmead
Senior DBA,
The Pythian Group
http://www.pythian.com/blogs 







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Received on Wed Apr 30 2008 - 07:40:09 CDT












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