Comments on: Oracle ULA contract agreement risk factors

By: Software Licensing Made SimpleEnterprise Software Agreements | Aber Law Firm

Sun, 23 Oct 2011 20:39:04 +0000

[...] 4) What Not to Do. I have seen some software companies simply provide a site or unlimited license as their enterprise software agreement and call it a day. Now maybe this is the right answer for your company, but I suggest you are not being adequately compensated for this type license. The problem I have with unlimited or site licenses, is how do you define the company or site? What happens when the customer is acquired or merges with another company? You can get into some really complex drafting what are called 'change of control clauses' to avoid this issue, but I don't think you want that level of complexity (unless the deal is really large). By the way, most large software vendors rarely license on a site or unlimited basis, and if they do it is often a term license. Here is an example of one. [...]

By: Enterprise Software Agreements: How to Design Yours | Sandhill

Enterprise Software Agreements: How to Design Yours | Sandhill — Thu, 29 Sep 2011 05:21:25 +0000

[...] By the way, most large software vendors rarely license on a site or unlimited basis, and if they do it is often a term license. Here is an example of one. [...]

By: Daniel Hesselink

Daniel Hesselink — Wed, 31 Aug 2011 20:08:37 +0000

Hi Robyn,

that doesn’t exist. There’s a tool to monitor usage, but you still have to assign licenses. We’re working on an online solution for license assignment.

By: Robyn Kelly

Robyn Kelly — Mon, 29 Aug 2011 21:17:20 +0000

Has anyone found a discovery tool that would monitor how many db licenses are being used in their environment?

By: Enterprise Software Agreement: How to Design Yours! | OpenView Blog

Enterprise Software Agreement: How to Design Yours! | OpenView Blog — Sun, 12 Jun 2011 02:23:40 +0000

[...] 4) What Not to Do. I have seen some software companies simply provide a site or unlimited license as their enterprise software agreement and call it a day. Now maybe this is the right answer for your company, but I suggest you may not be adequately compensated for this type of license. The problem I have with unlimited or site licenses is, how do you define the company or site? What happens when the customer is acquired or merges with another company? You can get into some really complex drafting and what are called ‘change of control clauses‘ to avoid this issue, but I don’t think you want that level of complexity (unless the deal is really large). By the way, most large software vendors rarely license on a site or unlimited basis, and if they do it is often a term license. Here is an example of one. [...]

By: Daniel Hesselink

Daniel Hesselink — Sat, 07 May 2011 15:39:23 +0000

No downside there for uncapped ULA… In fact this is what you want!

By: Peter

Peter — Fri, 06 May 2011 20:17:47 +0000

In your last example, what if you WAY over deployed? Like say 5x the amount? Are there any additional penalties or downsides to that?

By: Daniel Hesselink

Daniel Hesselink — Mon, 21 Feb 2011 13:46:27 +0000

Hi Ed,

Sorry for the late reply but i must have missed it.
No there’s no real history about it. But Oracle does have the history of simply not accepting a client’s confirmation at the end of a ULA and doing some sort of verification.
Cheers,
Daniel

By: Ed B

Ed B — Wed, 12 Jan 2011 09:18:56 +0000

Is there any history of Oracle conducting audits shortly after the end of ULA agreements? It seems to me that given the difficulty in making the information in the confirmation document accurate there would be a good chance of Oracle finding mistakes.

By: M-A-O-L » Oracle Licensing

M-A-O-L » Oracle Licensing — Wed, 21 Jul 2010 06:55:00 +0000

[...] methods of Oracle and other Database vendors, to some extent. Good posts to start with are Oracle ULA contract agreement risk factors and The Oracle Support Recalculation [...]