Re: Database Royalty Requirements for Sublicensee after Termination

On Mon, 06 Mar 2006 15:10:26 -0800, creno wrote:

> Hello. I would like to present a situation facing many of my customers
> regarding a product they each use.
>
> They each have a applicant, built in Oracle Forms 6, utilizing 8.15
> thru 9i, as a backend. Most of them have terminated their agreements
> with the application developer, who was bought out by another company.
> They were each making significant monthly payments for support they
> were not receiving, which only worsened after the buyout.
>
> My question is this: They have valuable data, of law enforcement and
> criminal nature, in the Oracle databases at their agency, and still
> need to access it. Do they have any requirement to forward royalties
> to Oracle for continued use of the database? If the royalites must be
> remitted by an Oracle Partner, could I remitt these royalties if I were
> a partner?
>
> Any help is greatly appreciated. I have tried contacting Oracle and
> have been passed from department to department with no luck.
>

A LOT depends on the purchase agreement and the jurisdiction.

IN general, someone paid for an Oracle license. That license will have been a run-time or a full use license, and will be valid for a term or perpetually.

If the end customer paid the full use, perpetual license to Oracle, there is no additional payment for continued use. There is a possible annual support agreement for permitting 'free' access to continued upgrades and assistance.

If there is a term license, it will expire some time, and the database should not be used after that time. New license negotiations are in order.

If it is run-time, the chances are the agreement is with the developer and the developer holds the license. Then negiotiations with Oracle to convert/transfer the license to the data 'owner' are probably in order.

Feel free to contact me offline for some other discussion around this topic.

-- 
Hans Forbrich                           
Canada-wide Oracle training and consulting
mailto: Fuzzy.GreyBeard_at_gmail.com   
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