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Re: license sets

From: DA Morgan <damorgan_at_psoug.org>
Date: Wed, 31 Aug 2005 14:50:40 -0700
Message-ID: <1125524998.61930@yasure>


Joel Garry wrote:
> I don't have all the details on this, but I'm putting this out to the
> world in the hope someone sees a positive way out.
>
> I have a customer who has two CSI's. This came about because they
> bought a database EE development and runtime license for Oracle through
> a third party, then eventually started paying Oracle directly for
> support under it. Later, they bought a different named user EE license
> for database, developer and OAS. They decided they didn't like OAS for
> current projects and don't use it.
>
> Now, they want to only pay support for the EE license, and don't want
> to pay support for the OAS license. However they don't want to give up
> the OAS database EE license, as they paid many thousands of dollars for
> it. They are familiar with the charges for reinstating a lapsed
> support contract.
>
> Oracle won't renew just one CSI, as they claim it is part of a license
> set (search for that term at
> http://www.oracle.com/support/policies.html and note the "Development
> and demonstration licenses available via the Oracle Partner Program or
> the Oracle Technology Network are not included in the definition of a
> license set." and the next paragraph about Matching Service Levels -
> and the effective date), and that there is no contract between Oracle
> and the customer because the customer bought the license from a third
> party. Even though they paid Oracle directly for support, before the
> effective date of the new support policy. Oracle will only renew one
> CSI if the customer signs an agreement to terminate the named user
> licenses, including the named user database license.
>
> Needless to say, customer won't do that and now it's to the lawyers. I
> don't much care who wins, as there is probably even more work for me if
> they decide to dump Oracle altogether, but I would rather just continue
> supported under Oracle (and would rather not continue unsupported under
> Oracle). So if anyone has any magic incantations to resolve this,
> please speak up!
>
> It seems disingenious for Oracle to both be claiming there is no
> contract and holding customers to arbitrarily changing support
> policies... and to force customers to give up licenses, when it means
> the customer might just give up _all_ licenses... and they seem to be
> abusing set theory with their licensing :-)
>
> jg

I would suggest setting up a meeting with the regional manager if the AM is not amenable to modifying the terms of the agreement. That is probably the person with the authority to do it.

It might also be that the best strategy would be to cancel the current agreement and then discuss writing a new one. Either way the RM is likely your best point of contact.

-- 
Daniel A. Morgan
http://www.psoug.org
damorgan_at_x.washington.edu
(replace x with u to respond)
Received on Wed Aug 31 2005 - 16:50:40 CDT

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