ORDERING DOCUMENT - SOFTWARE LICENSE AND SERVICES AGREEMENT
Oracle USA, Inc.
500 Oracle Parkway, Redwood Shores, CA 94065
Your Name City of Clearwater ' Your Contact Dan Mayer
Your Location 100 South Myrtle Avenue Phone Number 727-562-4662
Clearwater, FL 33756 Email Address dan.mayer@myclearwater.com
ORACLE CONTRA?T INFORMATION
Software License and Services Agreement
Name: SLSA-225665-01-OCT-1995
This ordering document incorporates by reference the terms of the agreement specified above, and any amendments or
addenda thereto. The following defined and capitalized terms in the referenced agreement between you and Oracle USA, Inc.
(as successor in interest to Oracle Corporation, hereinafter "Oracle") shall have the same meaning as the stated terms in this
ordering document: Agreement" and "agreement"; Customern/Clientn and you /"your , "Program" an "program ;
'Technical Support" and "technical support"; "Program Documentation"/"Documentation" and "program documentation";
and "Ordering Document"/"Order Form" and "ordering document".
A. Description and Fees for Ordered Programs and Services
Listed below is a summary of net fees due under the ordering document. These fees are in US Dollars and are
exclusive of any applicable shipping charges or applicable taxes.
You have ordered the program licenses and 12 months of technical support services described below:
Program Quantity List Price Discount Net Fee
Oracle Utilities Mobile Device Management Base - Customer Perpetual 1
License 30,000.00 5% $28,500.0
Software Update License & Support 6,600.00 5% $6,270.0
et Fee $34,770.0
otal Fees
P $34,770.0
:)?,. •.,
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B. General Terms
1. Commencement Date
All program licenses and the period of performance for all services are effective upon shipment of tangible media or
upon the effective date of this ordering document ifshiprnent of tangible media is not required.
2. Fees, Invoicing, and Payment Obligation
a. All fees due under this ordering document shall be non-cancelable and the sums paid nonrefundable, except as
provided in the Agreement.
b. License and services fees are invoiced as of the commencement date. Service fees are invoiced in advance of the
service performance; specifically, technical support fees are invoiced annually in advance.
c. In entering into payment obligations under this ordering document, you agree and acknowledge that you have not
relied on the future availability of any program or updates. However, (a) if you order technical support for programs
licensed under this ordering document, the preceding sentence does not relieve Oracle of its obligation to provide
such technical support under this ordering document, if-and-when available, in accordance with Oracle's then current
technical support policies, and (b) the preceding'sentence'does not change the rights granted to you for any program
licensed under this ordering document, per the terms .0 10 ordering document and the Agreement.
d. In addition to the fees listed in section A, Oracle will invoice you for any applicable shipping charges or applicable
taxes. If you are exempt from sales tax, Oracle will not invoice you for applicable sales tax provided a copy of a valid
sales tax certificate of exemption is provided to Oracle simultaneously with the execution and return of this ordering
document.
3. Delivery and Installation
a. You shall be responsible for installation of the software.
b. Oracle has made available to you for electronic download at the electronic delivery web site located at the
following Internet URL: http://edelivery.oracle.com the programs listed in section A. Through the Internet URL, you
can access and electronically download to your location the current production release as of the effective date below
of the software and related program documentation for each program listed in section A. Provided that you have
continuously maintained technical support for the programs listed in section A, you may continue to download the
software and related program documentation for the programs listed in section A. Please be advised that not all
programs are available on all hardware/operating system combinations. For current program availability, please
check the electronic delivery web site specified above. You acknowledge that Oracle is under no further delivery
obligation under this ordering document, electronic download or otherwise.
4. Source Code
R?1
Oracle may deliver source code as part of its standard delivery for particular programs; all source code delivered by
Oracle is subject to the terms of the agreement, ordering document and program documentation.
Oracle will deliver source code (customizable plug-ins, user defined screens or custom screens, collectively "source
code") as part of its standard delivery for the Oracle Utilities Mobile Work Management program; all source code
delivered by Oracle is subject to the terms of the agreement, this ordering document and the program documentation.
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5. Segmentation
The program licenses provided in this ordering document are offered separately from any other proposal for
consulting services you may receive or have received from Oracle and do not require you to purchase Oracle
consulting services.
6. Customer Reference
in consideration of the discounts granted to you under this ordering document, Oracle may refer to you as a customer
in sales presentations, marketing vehicles and activities. In addition you agree to become part of Oracle's reference
program by working with a representative from Oracle Marketing to develop a customer profile for use on
Oracle.com and for other promotional activities at Oracle's discretion. The profile will include a quote from an
executive of your company and your company's logo.
7. Order of Precedence
In the event of any inconsistencies between the agreement and this ordering document, this ordering document shall
take precedence.
8. Territory
The program licenses and services described in section.A are for use in the U.S.
signing below, the parties agree that the agreement and this ordering document constitute the entire agreement between
parties with regard to the subject matter herein and as such, no other preprinted, non-negotiated or other terms and
ditions, on the customer's purchase order or elsewhere, shall apply. The offer is valid through 30-NOV-2008 and shall
ome binding upon execution by you and acceptance by Oracle.
ITY OF CLEARWATER
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LICENSE DEFINITIONS AND RULES:
To fully understand Customer's license grant, Customer needs to review the definition for the licensing metric and
term designation as well as the licensing rules which are listed below.
Adapter: is defined as each software code interface, installed on each Oracle Internet Application Server
Enterprise Edition, which facilitates communication of information between each version of a third party software
application or system and Oracle programs.
Client Machine: is defined as the computer from which the programs are being accessed, regardless of where the
program is installed.
Collaboration Program User: is defined as an individual authorized by you to use the programs which are
installed on a single server or on multiple servers regardless of whether the individual is actively using the programs
at any given time. For the purposes of counting and licensing the number of Real Time Collaboration users, a
Collaboration Program User within your company is defined as a user able to initiate, or host, a web conference and
also participate in a web conference; all participants in the web conference external to your company and attending
a web conference are not required to be licensed.
Computer: is defined as the computer on which the programs are installed A Computer license allows you to use
the licensed program on a single specified computer.
Concurrent User: is defined as the maximum number of users accessing at any one time.
Connector: is defined as each connector connecting the software product with an external product. A unique
connector is required for each distinct product that the software product is required to interface.
CPU: is defined as a processor upon which a program is installed and/or running. For the purposes of counting the
number of CPUs which require licensing for a multi-core processor, each additional core above the first two cores
shall count as .25 CPUs. All fractions of a number are to be rounded up to the next whole number. This definition
only applies to those programs with "BEA" in the program name.
Customer: is defined as the customer entity specified on the ordering document. The programs may not be used
or accessed for the business operations of any third party, including but not limited to your customers, partners, or
your affiliates. There is no limitation on the number of computers on which such programs may be copied, installed
and used.
Developer Kit: is defined as a single copy of the distributed program.
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t' tit •'? ..
Developer User/ Developer/ Developer Seat: is d e?;.4S an:individual authorized by you to use the programs
which are installed on a single server or multiple serveis..regardless of whether the individual is actively using the
programs at any given time. With respect to Developer Users only, such users may create, modify, view and
interact with the programs and documentation.
Employee User: is defined as an individual authorized by you, to use the programs which are installed on a single
server or multiple servers, regardless of whether or not the ip?iMdu l,is actively using the programs at any given 11
time.
Hosted Named User: is defined as an individual authorized by you to access the hosted service, regardless of
whether the individual is actively accessing the hosted service at any given time.
Instance: is defined as a single installation of the program that you may install and run on one computer. For
purposes of this definition a JVM is defined as a Java Virtual Machine.
For purposes of WebLogic Server Virtual Edition, an instance is defined as 1 WebLogic Server Virtual Edition
node running in 1 LiquidVM (= 1 JVM + 1 virtual machine). A customer is required to license and pay for the
maximum number of simultaneous instances they will deploy. A WebLogic Server Virtual Edition node is a copy
of BEA's WebLogic Server integrated and packaged with BEA's LiquidVM so as to run as a software appliance
within a dedicated virtual machine without requiring the need to install or configure any other software within that
virtual machine. A LiquidVM is an integration of the BEA JRockit JVM with boot layer that allows the BEA
JRockit JVM to run as a single dedicated process within the,hypervisor-based virtual machine without requiring any
3rd party operating system.
For purposes of AquaLogic Enterprise Repository (ALER) products, an instance is defined as a single installation
of the ALER product on one computer.
For purposes of WebLogic Operations Control, an instance is defined as a single WebLogic Operations Control
server node running in a single JVM, irrespective of the number of CPUs, servers or similar used metrics to run the
software.
For purposes of WebLogic Operations Control Smart Packs, an instance is defined as a single
WebLogic Operations Control server node running in a single JVM enabled with the functionality of the Smart
Pack.
For purposes of WebLogic Operations Control Managed Instance (WLOC), an instance is defined as the target
application under management of WLOC running within a single JVM or as an instance of Virtual Edition versions
of BEA products.
For purposes of WebLogic Operations Control LiquidVM Container, an instance is defined as a single LiquidVM
node running in a single virtual machine, irrespective of the number of CPUs, servers or similar used metrics to run
the software.
t.
IVR Port: is defined as a single caller that can be processed via the Interactive Voice Response (IVR) system. You
must purchase licenses for the number of IVR Ports that'represent the maximum number of concurrent callers that
can be processed by the IVR system.
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Learning Credits: may be used to acquire education products and services offered in the Oracle University online
catalogue posted at hW://www.oracle.conVeducation under the terms specified therein. Learning credits may only
be used to acquire products and services at the list price in effect at the time you order the relevant product or
service, and may not be used for any product or service that is subject to a discount or a promotion when you order
the relevant product or service. The list price will be reduced by applying the discount specified on your order.
Notwithstanding anything to the contrary in the previous three sentences, learning credits may also be used to pay
taxes, materials and/or expenses related to your order; however, the discount specified above will not be applied to
such taxes, materials and/or expenses. Learning credits are valid for a period of 12 months from the date your order
is accepted by Oracle, and you must acquire products and must use any acquired services prior to the end of such
period. You may only use learning credits in the country in which you acquired them, may not use them as a
payment method for additional learning credits, and may not use different learning credits accounts to acquire a
single product or service or to pay related taxes, materials and/or expenses. Learning credits are non-transferable
and non-assignable. You may be required to execute standard Oracle ordering materials when using learning
credits to order products or services.
Monitored User: is defined as an individual who is monitored by an Analytics program which is installed on a
single server or multiple servers, regardless of whether the individual is actively being monitored at any given time.
Individual users who are licensed for an Analytics program by either Named User Plus or Application User may not
be licensed by Monitored User. For the purposes of the Usage Accelerator Analytics program, every user of your
licensed CRM Sales application program must be licensed,..( or the purposes of the Human Resources
Compensation Analytics program, all of your employees must be licensed.
For the purpose of the following Oracle Governance, Risk, and Compliance applications: Application Access
Controls Governor, Application Access Controls for E-Business Suite, Configuration Controls Governor,
Configuration Controls for E-Business Suite, Transaction Controls Governor, Preventive Controls Governor,
and Governance, Risk, and Compliance Controls Suite, the number of Monitored Users is equal to the total number
of unique E-Business Suite users (individuals) being monitored by the program(s), as created/defined in the User
Administration function of E-Business Suite. Users of Wrocurement and/or Self-Service Human Resources are
excluded.
For the purpose of the following PeopleSoft Enterprise Governance, Risk, and Compliance applications:
Application Access Controls Governor, Application Access Controls for PeopleSoft Enterprise, Configuration
Controls Governor, and Configuration Controls for PeopleSoft Enterprise, the number of Monitored Users is equal
to the total number of unique PeopleSoft Enterprise.(or any other custom applications / programs) users
(individuals) that the program monitors.
Named User Plus/ Named User: is defined as an individual authorized by you to use the programs which are
installed on a single server or multiple servers, regardless of whether the individual is actively using the programs at
any given time. All of the remaining provisions of this definition apply only with respect to Named User Plus
licenses, and not to Named User licenses. A non human operated device will be counted as a named user plus in
addition to all individuals authorized to use the programs, if, such devices can access the programs. If multiplexing
hardware or software (e.g., a TP monitor or a web serverprbduct) is used, this number must be measured at the
multiplexing front end. Automated batching of data from computer to computer is permitted. You are responsible
for ensuring that the named user plus per processor minimums are maintained for the programs contained in the
user minimum table in the licensing rules section; the minimums table provides for the minimum number of named
users plus required and all actual users must be licensed.
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For the purposes of the following programs: Configuration Management Pack for Non-Oracle Systems, System
Monitoring Plug-in for Hosts, System Monitoring Plug-in for Non Oracle Databases, System Monitoring Plug-in
for Non Oracle Middleware, Diagnostics Pack for Non-Oracle Middleware and Provisioning Pack, only the users of
the third party program that is being managed/monitored are counted for the purpose of determining the number of
Named User Plus licenses required.
For the purposes of the following programs: Application Management Pack for Oracle E-Business Suite,
Application Management Pack for Siebel, and Application Management Pack for PeopleSoft Enterprise, all users of
the middleware and/or database software that support the.,respective application program are counted for the
purpose of determining the number of Named User Plus licenses required.
With respect to the following programs: Load Testing for Web Applications, Load Testing for Web Applications
Development Edition, Load Testing Accelerator for Web Services, and Load Testing Accelerator for Siebel, each
emulated human user and non human operated device shall be considered as a virtual user and shall be counted
when determining the number of Named User Plus licenses,required.
Non-Concurrent User: is defined as an additional client device beyond the concurrent user count that can be
enabled to access the program by the installation of BEA's licensable client products.
Network Device: is defined as the hardware and/or software whose primary purpose is to route and control
communications between computers or computer networks. Examples of network devices include but are not
limited to, routers, firewalls and network load balancers.
Non Employee User - External: is defined as an individual, who is not your employee, contractor or outsourcer,
authorized by you to use the programs which are installed on a single server or multiple servers, regardless of
whether or not the individual is actively using the programs at any given time.
Oracle Finance Division Contract: is a contract between you and Oracle (or one of Oracle's affiliates) that
provides for payments over time of some or all of the sums due under your order.
Oracle University Knowledge Center Service: is defined as a web based learning environment hosted by Oracle
that provides on demand access to either an individual Oracle University training course ("Online Course") or to all
(or limited content subsets) of the Oracle University training courses available on the Knowledge Center website
("Passport"). The Oracle University Knowledge Center Service is available at
http://www.oracle.com/education/oukc/, and is made available to you subject to the terms of this agreement and
Oracle University's Online Hosting Access Policies, which are located at
http://www.oracle.com/education/oukc/hosting_policies.html and may be updated by Oracle from time to time
without notice to you. Online Courses and Passports are made available on a membership basis. In the event that
any Oracle programs are made available for download as part of the service, then use of such programs is subject to
the terms of this agreement. If you acquire the Oracle University Knowledge Center Service, the term shall be one
or two year(s) from the effective date of your order. Oracle University Knowledge Center Service is licensed on an
individual subscriber basis and is non-transferable and non-assignable. NOTWITHSTANDING ANYTHING TO
THE CONTRARY IN THE AGREEMENT, ORACLE DOES NOT WARRANT THAT THE ORACLE
UNIVERSITY KNOWLEDGE CENTER SERVICE WILL BE PROVIDED UNINTERRUPTED OR
ERROR-FREE.
r; d I (.
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Physical Server: is defined as each physical servet"O'A' Mi ch the programs are installed.
Processor: shall be defined as all processors where the Oracle programs are installed and/or running. Programs
licensed on a processor basis may be accessed by your internal users (including agents and contractors) and by your
third party users. For the purposes of counting the number of processors which require licensing for a Sun
U1traSPARC T 1 processor with 4, 6 or 8 cores at 1.0 gigahertz or 8 cores at 1.2 gigahertz for only those servers
specified on the Sun Server Table which can be accessed at "ns' cores shall be determined by multiplying the total
number of cores by a core processor licensing factor of .25. For the purposes of counting the number of processors
which require licensing for AMD and Intel multicore chips, "n" cores shall be determined by multiplying the total
number of cores by a core processor licensing factor of .50. For the purposes of counting the number of processors
which require licensing for all hardware platforms not otherwise specified in this section, a multicore chip with "n"
cores shall be determined by multiplying "n" cores by a core processor licensing factor of .75. All cores on all
multicore chips for each licensed program for each core processor licensing factor listed above are to be aggregated
before multiplying by the appropriate core processor licensing factor and all fractions of a number are to be rounded
up to the next whole number. When licensing Oracle programs with Standard Edition One or Standard Edition in
the product name, a processor is counted equivalent to an occupied socket; however, in the case of multi-chip
modules, each chip in the multi-chip module is counted as one occupied socket.
For example, a Sun U1traSPARC T 1 based server installed and/or running the program (other than Standard Edition
One programs or Standard Edition programs) on 6,c}es woodrequire 2 processor licenses (6 multiplied by a core
processor licensing factor of .25 equals 1.50 which!ute? rounded up to the next whole number which is 2). An
pgram (other than Standard Edition One programs or
Intel or AMD based server installed and/or running t .?; , r so
Standard Edition programs) on 7 cores would require ptocesr licenses (7 multiplied by a core processor
licensing factor of .50 equals 3.50 which is then rounded up to the next whole number which is 4). Two multicore
servers, for hardware platforms not specified above, installed and/or running the program on 10 cores would require
8 processor licenses (10 multiplied by a core processor licensing factor of .75 equals 7.50 which is then rounded up
to the next whole number which is 8).
For the purposes of the following programs: Configuration Management Pack for Non-Oracle Systems, System
Monitoring Plug-in for Hosts, System Monitoring Plug-in for Non Oracle Databases, System Monitoring Plug-in
for Non Oracle Middleware, Diagnostics Pack for Non-Oracle Middleware and Provisioning Pack, only the
processors on which the third party program that is being managed/monitored are running are counted for the
purpose of determining the number of licenses required.
For the purposes of the following programs: Application Management Pack for Oracle E-Business Suite,
Application Management Pack for Siebel, and Application Management Pack for PeopleSoft Enterprise, all
processors on which the middleware and/or database software that support the respective application program are
running are counted for the purpose of determining the number of licenses required.
For the Healthcare Transaction Base program, only the processors on which Internet Application Server Enterprise
Edition and the Healthcare Transaction Base program are installed and/or running are counted for the purpose of
determining the number of licenses required. For the iSupport, iStore and Configurator programs, only the
processors on which Internet Application Server (St9ndard'Editlon and/or Enterprise Edition) and the licensed
program are running are counted for the purpose of M6 ihing the number of licenses required for the licensed
program; under these licenses you may also install and'l'br'tiiru the licensed program on the processors where a
licensed Oracle Database (Standard Edition and/or Enterprise Edition) is installed and/or running.
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For the purposes of the following program: Data Integrator Target Database, only the processor(s) on which the
target database is running are counted for the purpose of determining the number of Target Database licenses
required.
For the purposes of the following program: Audit Vault Collection Agent, only the processors of the database
sources from which audit data is collected are counted for the purpose of determining the number of licenses
required.
For the purposes of licensing Oracle In-Memory Database Cache, only the processors on which the TimesTen In-
Memory Database component of the In-Memory Database Cache software is installed and/or running are counted
for the purpose of determining the number of licenses required.
Program Documentation: is defined as the Program user manual and Program installation manuals.
1000 Records: is defined as 1000 cleansed records (i.e, rows) that are output from a production data flow of the
Data Quality for Data Integrator program.
Registry Instance: is defined as a single installed copy of the program on one computer.
A program specifying "Named Project" as part of the program name may only be used with a single specific
internal use application as identified in the applicable ordering,docurnent, running on a single installed copy of the
program.
A program specifying "Named Division" as part of the program name may only be used by a single discreet
business sub-unit within your organization as identified in the applicable ordering document. There is no restriction
on the number of Projects for which the program may be used within your identified discreet business sub-unit,
provided that such use does not exceed the authorized number of registry instances for which you have paid the
applicable fees.
A program specifying "Named Enterprise" as part of the program name may only be used by your business entity,
whether a corporation, partnership, limited liability company, or otherwise, exclusive of any subsidiary, parent or
other related entities. There is no restriction on the number of projects or divisions for which the program may be
used within your business entity, provided that such use does not exceed the authorized number of registry instances
for which you have paid the applicable fees.
A program specifying "Named Multi Enterprise" as; part of the program name may only be used by your business
entity, whether a corporation, partnership, limited 1iab4111t company, or otherwise, including any subsidiary, parent
or other related entities where you control, are controlled by or are under common control with such related
entities. As used herein, "control" shall mean ownership of greater than 50% of the equity interest in an entity.
There is no restriction on the number of projects or divisions for which the program may be used within your entire
business entity, provided that such use does not exceed the authorized number of registry instances for which you
have paid the applicable fees.
Rule Set: is defined as a data rules file containing content for a given country in order to perform data quality
functions optimized for that country.
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Server: is defined as the computer on which the programs are installed. A Server license allows you to use the
licensed program on a single specified computer.
Server Adapter: is defined as a machine or cluster??nd thp' interface to a unique and discrete application instance.
Tape Drive: is defined as mechanical devices used to sequentially write, read and restore data from magnetic tape
media. Typically used, but not limited to, data protection and archival purposes, tape drives are deployed either as a
standalone unit(s) or housed within a robotic tape library. Examples of tape drive include but are not limited to,
Linear Tape Open (LTO), Digital Linear Tape (DLT), Advanced Intelligent Type (AIT), Quarter-Inch Cartridge
(QIC), Digital Audio Tape (DAT), and 8mm Helical Scan. ,
Technical Reference Manuals ("TRMs"): are Oracle's 'co' nfidential information. You shall use the TRMs solely
for your internal data processing operations for purposes of. (a) implementing applications programs, (b)
interfacing other software and hardware systems to the applications programs and (c) building extensions to
applications programs. You shall not disclose, use or permit the disclosure or use by others of the TRMs for any
other purpose. You shall not use the TRMs to create software that performs the same or similar functions as any of
Oracle products. You agree: (a) to exercise either at least the same degree of care to safeguard the confidentiality
of the TRMs as you exercise to safeguard the confidentiality of your own most important confidential information
or a reasonable degree of care, whichever is greater; (b) to maintain agreements with your employees and agents
that protect the confidentiality and proprietary rights of the confidential information of third parties such as Oracle
and instruct your employees and agents of these requirements for the TRMs; (c) restrict disclosure of the TRMs to
those of your employees and agents who have a "need to know" consistent with the purposes for which such TRMs
were disclosed; (d) maintain the TRMs at all times on your premises; and (e) not to remove or destroy any
proprietary or confidential legends or markings placed upon the TRMs. Oracle shall retain all title, copyright and
other proprietary rights in the TRMs. TRMs are provided to you "as-is" without any warranty of any kind. Upon
termination, you shall cease using, and shall return or destroy, all copies of the applicable TRMs.
Technical Support: For purposes of the ordering document, technical support consists of annual technical support
services you may have ordered for the programs. If ordered, annual technical support (including first year and all
subsequent years) is provided under Oracle's technical support policies in effect at the time the services are
provided. The technical support policies, incorporated in this agreement, are subject to change at Oracle's
discretion; however, Oracle will not materially reduce the level of services provided for supported programs during
the period for which fees for technical support have been paid., . You should review the policies prior to entering into
the ordering document for the applicable services. You may access the current version of the technical support
policies at http://oracle.com/contracts.
Technical support is effective upon the effective date of the ordering document unless otherwise stated in your
order. If your order was placed through the Oracle Store, the effective date is the date your order was accepted by
Oracle.
Software Update License & Support (or any successor technical support offering to Software Update License &
Support, "SULS") acquired with your order may be renewed annually and, if you renew SULS for the same number
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1 1"1i ° ` 1b i.
of licenses for the same programs, for the first and second renewal years the fee for SULS, will not increase by
more than 4% over the prior year's fees. If your order is fulfilled by a member of Oracle's partner program, the fee
for SULS for the first renewal year will be the price quoted to you by your partner; the fee for SULS for the second
renewal year will not increase by more than 4% over the prior year's fees.
If you decide to purchase technical support for any license within a license set, you are required to purchase
technical support at the same level for all licenses within that license set. You may desupport a subset of licenses in
a license set only if you agree to terminate that subset of licenses. The technical support fees for the remaining
licenses will be priced in accordance with the technical support policies in effect at the time of termination.
Oracle's license set definition is available in the current technical support policies. If you decide not to purchase
technical support, you may not update any unsupported program licenses with new versions of the program.
Terabyte: is defined as a terabyte of computer storage space used by a storage filer equal to one trillion bytes.
Tiered Server: A Tier refers to the maximum capacity of the server on which the program is installed.
A program specifying "Tier I" as part of the program name is limited to servers with a maximum capacity of 1 or 2
Intel processors (dual core) or 1 Intel processor (quad core)or entry level RISC workstations and servers.
A program specifying "Tier 2" as part of the program name is limited to servers with a maximum capacity of 3 or 4
Intel processors (dual core) or 2 Intel processors (quad'coie)'or Midrange RISC Unit or dual processor servers and
workstations or one RISC processor with 4 or 6 cores.
A program specifying "Tier 3" as part of the program name is limited to midrange multiprocessors with a maximum
capacity of 8 Intel processors (dual core), 4 Intel/RISC processors (quad core or 6 core), or 2 RISC processors (8
core) per system capacity. For Tuxedo Run Time, an additional per CPU charge will apply when the customer
exceeds the base count of 4 processors.
A program specifying "Tier 4" as part of the program name .is limited to large systems, with more than 8 processors
and less than 32 processors per system capacity. For Tuxedo Run Time, an additional per CPU charge will apply
when the customer exceeds the base count of 8 processors.
A program specifying "Tier 5" as part of the program name is limited to massively parallel systems with greater
than 32 processors per system capacity. For Tuxedo Run Time, an additional per processor charge will apply when
the customer exceeds the base count of 16 processors.
A program specifying "Tier 6" as part of the program name is limited to IBM and PCM and other Mainframe
computing systems. For Tuxedo Run Time, an additional per processor charge will apply when the customer
exceeds the base count of 2 processors.
Trading Partner: is defined as an end user of a bu$ianess to business (13213) hub.
Transaction: is defined as each set of interactions that` is initiated by an application user recorded by Oracle
Enterprise Manager to capture availability and performance metrics used in calculating service levels. For example,
the following set of interactions would represent one transaction: login, search customer, log out.
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Trial Programs: are defined as additional Programs that may be included with Customer's order which Customer
has not ordered but which Customer may use for trial purposes only. Customer shall have 30 days from the
delivery date to evaluate these Programs. Any use of these Programs after the 30 day trial period shall require
Customer to obtain the applicable license. Programs licensed for trial purposes are provided "as is" and Oracle does
not provide Technical Support or any warranties of any kind for these Programs.
TUPS/Cluster: is defined as a unit of functionality executed by a BEA WebLogic Network Gatekeeper (WLNG)
module such as call setup or sending a message per cluster. "Cluster" shall mean one or more physical hardware
servers located at a single geographical site, running any number of instances of WLNG Standard Edition. For a
given cluster, WLNG monitors the number of TUPS executed by each WLNG module in 5 minute intervals. After
each 24 hours of WLNG operation on a given cluster, the busiest 60 consecutive minute period will be identified by
the product, and the total number of TUPS during that busiest hour will be divided by 3600, yielding the number of
TUPS required to be licensed by you for that cluster.
TUPS: is defined as a unit of functionality executed by a BEA WebLogic Network Gatekeeper module such as call
setup or sending a message.
Unique Daily User: is defined as any single user who accesses the software one or more times on any given
calendar day.
User: is defined as an individual authorized by you to use the programs which are installed on a single server or
multiple servers, regardless of whether or not the individual is actively using the programs at any given time.
Warehouse Builder Connector: is defined as a software product that connects an Oracle database where the
Oracle Warehouse Builder code is deployed, to an external product (e.g., SAP). A unique connector is required for
each distinct external product for which the Oracle database is required to interface.
Term Designation
If your program license does not specify a term, the program license is perpetual and shall continue unless
terminated as otherwise provided in the agreement.
1, 2, 3, 4, 5 Year Terms: A program license specifying a T, 2, 3, 4 or 5 Year Term shall commence on the
effective date of the order and shall continue for the specified period. At the end of the specified period the
program license shall terminate.
1 Year Hosting Term: A program license specifying a 1 Year Hosting Term shall commence on the effective date
of the order and shall continue for a period of 1 year: At the era of the 1 year the program license shall terminate.
A program license specifying a 1 Year Hosting Term may only be used for providing internet hosting services.
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1 Year Oracle Hosted Term: A program license specifying a 1 Year Oracle Hosted Term shall commence on the
effective date of the order and shall continue for a period of 1 year. At the end of the 1 year the program license
shall terminate. A program license specifying a 1 Year Oracle Hosted Term must be hosted by Oracle.com via
Computer and Administration services.
1 Year Subscription: A program license specifying a 1 Year Subscription shall commence on the effective date of
the order and shall continue for a period of 1 year. At the end of the 1 year the program license shall terminate.
Failover: Subject to the conditions that follow below, your license for the following programs, Oracle Database
(Enterprise Edition, Standard Edition or Standard Edition One), Oracle Database Enterprise Edition Options, Oracle
Internet Application Server (Enterprise Edition, Standard Edition, Standard Edition One or Java Edition), Oracle
Internet Application Server Options, Business Intelligence Suite Enterprise Edition Plus, Business Intelligence
Server Enterprise Edition and Business Intelligence (Standard Edition or Standard Edition One) includes the right to
run the licensed program(s) on an unlicensed spare computer in a failover environment for up to a total of ten
separate days in any given calendar year (for example, if a failover node is down for two hours on Tuesday and
three hours on Friday, it counts as two days). The above right only applies when a number of machines are
arranged in a cluster and share one disk array. When the primary node fails, the failover node acts as the primary
node. Once the primary node is repaired, you must switch back to the primary node. Once the failover period has
exceeded ten days, the failover node must be licensed. In addition, only one failover node per clustered
environment is at no charge for up to ten separate days even if multiple nodes are configured as failover.
Downtime for maintenance purposes counts towards the ten separate days limitation. When licensing options on a
failover environment, the options must match the number of licenses of the associated database. Additionally,
when licensing by Named User Plus, the user minimums are waived on one failover node only. Any use beyond
the right granted in this section must be licensed separately. In a failover environment, the same license metric
must be used for the production and failover nodes when licensing a given clustered configuration.
Testing: For the purpose of testing physical copies of backups, your license for the Oracle Database (Enterprise
Edition, Standard Edition or Standard Edition One) includes the right to run the database on an unlicensed computer
for up to four times, not exceeding 2 days per testing, in any given calendar year.
You are responsible for ensuring that the following restrictions are not violated:
Oracle Database Standard Edition can only be licensed on servers that have a maximum capacity of 4
sockets. Oracle Database Standard Edition, when used with Oracle Real Application Clusters, may only be licensed
on a single cluster of servers supporting up to a maximum capacity of 4 sockets.
Oracle Standard Edition One, Internet Application Server Standard Edition One and Portal Standard Edition
One can only be licensed on servers that have a maximum capacity of 2 sockets.
WebLogic Server Standard Edition does not include WebLogic Server Clustering.
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Business Intelligence Standard Edition One dali'only be licensed on servers that have the ability to run a
maximum of 2 sockets. The data sources for BI Server and BI Publisher are limited to the included Oracle Standard
Edition One, one other database, and any number of flat file sources such as CSV, and XLS. You may use Oracle
Warehouse Builder Core ETL to pull data from any number of data sources but you must use only the included
Oracle Standard Edition One as the target database.
Y:
The number of TRACE licenses (Rdb Server Option) must mitch the number of licenses of the associated
database.
The number of Diagnostics Pack and /or Configuration Management Pack licenses must match the number
of licenses of the associated Internet Application Server program (Enterprise Edition, Standard Edition, Standard
Edition One or Java Edition).
The number of WebLogic Suite Options must match the number of licenses of the associated WebLogic
Suite Application Server program.
The number of Application Server Enterprise Management licenses must match the number of licenses of
the associated Application Server program.
The number of Service Registry licenses must match the number of licenses of the associated Internet
Application Server program (Java Edition, Standard Edition One or Standard Edition).
The number of Database Enterprise Edition Options and Database Enterprise Management Packs licenses
must match the number of licenses of the associated Audit Vault Server.
The number of Bpel Process Manager Option, Business Activity Monitoring, XML Publisher, Service
Registry and SOA Suite for Oracle Middleware licenses must match the number of licenses of the associated
Internet Application Server Enterprise Edition program.
The number of Interactive Dashboard, Delivers, Answers, Office Plug-in and Reporting and Publishing
licenses must match the number of licenses of the associated Business Intelligence Server Enterprise Edition
program.
The number of Business Intelligence Server Enterprise license options must match the number of licenses
of the associated Business Intelligence Server Enterprise Edition program. The number of Business Intelligence
applications observer licenses of the associated Usage Accelerator Analytics program must match the number of
licenses of the associated transactional CRM Sales application program.
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The number of Business Intelligence applications opsekverlicenses of the associated Human Resources
Compensation Analytics program must match the total number of employees and contractors in your organization.
Decision Connector for Call Center must be licensed for each call center agent receiving decisions from the
Oracle Real-Time Decision Server program.
Decision Connector for Web must be licensed for each web server Processor receiving decisions from the
Oracle Real-Time Decision Server program.
The number of Intelligent Offer Generation for Call Center Agent licenses must match the number of
licenses of the Decision Connector for Call Center program;.
Informatica OEM PowerCenter ETL Server W PoiwerConnect Adapters may not be used on a standalone
basis or as a standalone ETL tool. The Informatica OEM Power Center ETL Server and PowerConnect Adapters
may be used with any data source provided the target(s) are: (i) the Oracle Business Intelligence applications
programs (excluding Hyperion Financial Performance Management Applications), (ii) the underlying platforms on
which the Oracle Business Intelligence Suite Enterprise Edition Plus program, Oracle Business Intelligence
Standard Edition One or associated components of those Business Intelligence applications programs run, or (iii) a
staging database for any of the foregoing. Informatics OEM Power Center ETL Server and PowerConnect
Adapters may also be used where the Oracle Business Intelligence applications programs (excluding Hyperion
Financial Performance Management Applications) are the source and non-Oracle Business Intelligence application
programs are the target, provided that users do not use Informatica OEM PowerCenter ETL Server and
PowerConnect Adapters to transform the data.
Hyperion Data Integration Management, Hyperion Data Integration Management Team Based
Development, and the Hyperion Data Integration Management Adapters for SAP BW, SAP R3, PeopleSoft and
Siebel are licensed by Computer. Each Computer license is limited to support the use of up to 8 CPUs and each
Computer license must be licensed in increments of 8 CPUs. Each core is recognized as a CPU. For computers
that have more than 8 CPUs, additional Computer licenses must be purchased based upon the amount of CPUs that
you are using. For example, if you are using Hyperion Data Integration Management on 12 CPUs, you need to
purchase 2 Computer licenses; if you are using Hyperion Data Integration Management on 17 CPUs, you need to
purchase 3 Computer licenses. These programs maybe used solely in connection with moving data into and out of
a Hyperion Data Store(s) (data/metadata repository(ies),delivered with the Hyperion programs.) These programs
may not be used to extract data from a non-Hyperion-gata Store(s) to load a custom data warehouse (a data
warehouse not built solely from data from a Hyperion Data Store(s). The Hyperion Data Integration Management
Computer license allows for such program to 1) connect to the following relational databases only: Oracle, Sybase,
IBM DB2, MS SQL Server and 2) source from and write to an unlimited number of flat file/XML files. Hyperion
Data Integration Management Adapters for SAP BW, SAP R3, PeopleSoft and Siebel must be licensed separately to
allow Hyperion Data Integration Management to connect to these additional sources.
When you purchase a license for the Data Warehouse Business Adapter program you must have the
appropriate licenses for each operational application used as a source (e.g., Oracle, SAP, PeopleSoft, Siebel). A
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license to the Data Warehouse Adapter program does not provide a license or the right to use the operational
applications, a license to the Data Warehouse Adapter program provides only a connector to them.
The number of Hyperion program option licenses must match the number of licenses of the associated
Hyperion program.
+z? ?I
The license for the Hyperion Planning - System 9 programs includes a limited use license for both the
Hyperion Essbase - System 9 and Hyperion Financial Reporting - System 9 programs. Such limited use license
means that the Hyperion Essbase - System 9 and Hyperion Financial Reporting - System 9 programs may only be
used to access data from the Hyperion Planning - System 9 program. Specifically, the Hyperion Essbase - System
9 program cannot be used to create Essbase cubes that do not contain data used by the Hyperion Planning - System
9 program and the Aggregate Storage option component of the Hyperion Essbase - System 9 program may not be
used.
You may run only one data repository of the Oracle Real User Experience Insight per server regardless of the
number of processors that are licensed for a server.
Oracle Data Integrator may only be used for loading and transforming data that will be used within the
Business Intelligence Server Enterprise Edition or Business Intelligence Suite Enterprise Edition Plus products.
BEA WebLogic Server Advantage Edition does not include WebLogic Server Clustering.
BEA WebLogic Server Mid-Market Edition can only be licensed on servers that have a maximum capacity
of 2 CPUs. This program does not include WebLogic'Server Clustering.
The use of the BEA WebLogic Server SDK program is limited to 5 concurrent IP connections.
The use of the BEA WebLogic Platform SDK program is limited to 5 concurrent IP connections.
The use of the BEA WebLogic SDK Professional Edition program is limited to 5 concurrent IP
connections.
BEA WebLogic Network Gatekeeper Standard Edition Base Platform includes a limited use license of BEA
WebLogic SIP Server. The limited use license entitles you to use the BEA WebLogic SIP Server program only to
access the features and functions of WebLogic Network Gatekeeper Standard Edition.
v,
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BEA WebLogic Network Gatekeeper TWS -Edition Base Platform includes a limited use license of BEA
WebLogic SIP Server IMS Edition. The limited use license entitles you to use the BEA WebLogic SIP Server IMS
Edition program only to access the features and functions of WebLogic Network Gatekeeper TWS Edition.
The use of the BEA WebLogic WorkGroup Edition'is limited to 20 concurrent IP connections. This
program does not include WebLogic Server Clustering.
.t
BEA WebLogic Operations Control includes 5 Instances of WebLogic Operations Control Managed
Instance and WebLogic Operations Control Liquid VM Container.
BEA AquaLogic Enterprise Repository Professional Edition program is limited to 5 unique daily users as
defined above.
BEA AquaLogic Enterprise Repository is limited to 10 unique daily users as defined above.
For the BEA AquaLogic Enterprise Repository program, you may not have both named users and unique
daily users in your environment.
BEA WebLogic Integration Application Integration and BEA WebLogic Integration Business to Business
include a limited use license for WebLogic Integration. The limited use license enables you to use only the
following features of WebLogic Integration: application connectivity via adapters, application connectivity via
controls, adapter development kit, WLI design console, data transformation, messaging (JMS), message broker,
web services, WLI administration console for application integration monitoring and management. In addition, the
limited use license of WebLogic Integration included with-BEA WebLogic Integration Business to Business allows
you to also use the 13213 protocols (for example, ebXML, RoseftaNet, web services) and trading partner
management. You have no right to use any other features or functionality of the WebLogic Integration program.
If you purchase concurrent user licenses for BEA WebLogic Enterprise CORBA ATMI and J2EE RTK,
BEA WebLogic Enterprise CORBA and ATMI Run Time, BEA Tuxedo Runtime and/or BEA Tuxedo LLE
Security programs, you must acquire at least the minimum number of licenses for each server, based on the Server
Tier set forth below:
Server Tier* Concurrent User Minimum
Tier 1 10
Tier 2 26
Tier 3 64
Tier 4 102
Tier 5 203
Tier 6 ' 400
*To determine the tier of your server please consult the tiered server license metric definition above.
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BEA WebLogic Server Process Edition does not include the following features: message brokering, human
workflow nor B2B capabilities.
BEA Tuxedo CFS and BEA Tuxedo CRS-R do not include the following features: /WS, /Q, /COBOL,
/DCE, transaction, events, DOMAINS, admin API, ACLs (access control list security option), link level encryption
nor web browser GUI admin. In addition, BEA Tuxedo CRS-R does not include the following features: buffer
type, FML/XML support, bridge process nor MP mode.
BEA SmartConnect (SC) includes a limited use license for AquaLogic Service Bus (ALSB). The limited
use license entitles you to use only the following features of ALSB: ALSB pipeline actions limited to routing,
monitoring and logging; connectivity to SC is limited to connection via WebServices and JMS protocols only; the
SC instance may be deployed only into a cluster conta{,_, ?i other SC instances. You have no right to use any other
features from the ALSB program including, for example; extensibility by custom ALSB transports and/or use of
user-created XSLT or XQuery transformations.
If you purchase Named User Plus licenses for the programs listed below, you must maintain the following
user minimums and user maximums:
Program Named User Plus Minimum
Oracle Database Enterprise Edition 5 Named Users Plus per Processor
db Enterprise Edition 5 Named Users Plus per Processor
CODASYL DBMS 5 Named Users Plus per Processor
ebLogic Server Standard Edition 10 Named Users Plus per Processor
ebLogic Server Enterprise Edition 10 Named Users Plus per Processor
ebLogic Suite 10 Named Users Plus per Processor
ebLogic Application Grid 10 Named Users Plus per Processor
Coherence Standard Edition 10 Named Users Plus per Processor
Coherence Enterprise Edition 10 Named Users Plus per Processor
Coherence Grid Edition 10 Named Users Plus per Processor
opLink and Application Development Framework 10 Named Users Plus per Processor
Internet Application Server Java Edition 10 Named Users Plus per Processor*
Internet Application Server Standard Edition 10 Named Users Plus per Processor*
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Internet Application Server Enterprise Edition 10 Named Users Plus per Processor*
PEL Process Manager 10 Named Users Plus per Processor
Portal 10 Named Users Plus per Processor
Integration and Enterprise Service Bus 10 Named Users Plus per Processor
Service Registry 10 Named Users Plus per Processor
Enterprise Repository 10 Named Users Plus per Processor
Forms and Reports 10 Named Users Plus per Processor
Web Services Manager 10 Named Users Plus per Processor
OA Suite for Non Oracle Middleware 10 Named Users Plus per Processor
Business Process Management Suite for Non Oracle
iddleware 10 Named Users Plus per Processor
Business Activity Monitoring for Non Oracle Middleware 10 Named Users Plus per Processor
Event-Driven Architecture Suite 10 Named Users Plus per Processor
Fusion Middleware for PeopleSoft 10 Named Users Plus per Processor
Fusion Middleware for SAP 10 Named Users Plus per Processor
Fusion Middleware for Siebel 10 Named Users Plus per Processor
Fusion Middleware for Retek 10 Named Users Plus per Processor
Fusion Middleware for iFlex 10 Named Users Plus per Processor
Web Content Management for WebCenter 10 Named Users Plus per Processor
Business Intelligence Standard Edition 10 Named Users Plus per Processor
ebCenter Suite 10 Named Users Plus per Processor
ebCenter Services 10 Named Users Plus per Processor
Universal Content Management 10 Named Users Plus per Processor
Imaging and Process Management 10 Named Users Plus per Processor
1?1;,11}t, ?,,
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Content Conversion Server 10 Named Users Plus per Processor
Distributed Document Capture 10 Named Users Plus per Processor
*The Named User Plus Minimum does not apply if the program is installed on a one processor machine that allows
for a maximum of one user per program.
Program Named User Plus Maximum
Personal Edition 1 Named User Plus per database
usiness Intelligence Standard Edition One 0 Named Users Plus
The number of licenses for the programs listed below must match the number of licenses of the associated database
and if you purchase Named User Plus licenses for these programs, you must maintain, at a minimum, 25 Named
Users Plus per Processor per associated database.
Database Enterprise Edition Options - Real Application Clusters, Partitioning, OLAP, Data Mining, Spatial,
Advanced Security, Label Security, Content Database Suite, Records Database, Database Vault, Warehouse Builder
Enterprise ETL, Warehouse Builder Data Quality, Active Data Guard, Real Application Testing, Advanced
Compression, Total Recall
Database Enterprise Management Packs - Diagnostics Pack, Tuning Pack, Change Management Pack,
Configuration Management Pack and Provisioning Pack for DB
:v.
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Certificate of Electronic Delivery
This Certificate of Electronic Delivery is executed as of the effective date set forth below by the City of
Clearwater ("you") and relates to the electronic delivery of certain software programs provided by Oracle
USA, Inc. ("Oracle"). This Certificate of Electronic Delivery shall be governed by the terms of the
Software License and Services Agreement between you and Oracle dated October 1, 1995 (the
"agreement").
1. As of the date of this Certificate of Electronic Delivery; you agree that Oracle has provided you with an
Internet URL through which you can download _all the programs provided in the ordering document
between Oracle and you dated November , 2008 (the "ordering document"). You will have 60
days from the effective date of the ordering document to complete your download of the programs
provided.
2. You agree that Oracle has completed all of the delivery responsibilities required by the ordering
document and the agreement and no additional shipment of the programs on tangible media (CD's,
Disks, Tapes, etc.) shall be provided or is required.
The Effective Date of this Certificate of Electronic Delivery is November , 2008.
City of Clearwater
By:
Name:
Title:
City of Clearwater EPD Certificate, Issued by Oracle USA, Inc., 10/27/2008
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