Re:RE: Contract wording: CODE OWNERSHIP

Hi Hannah,

You are _so_ right. We have a clause in the contract that the source will be kept in escrow, just in case of situations you described.

Thanks for the response,

Larry

• Hannah.M.Doran_at_sb.com wrote:
  >
  >
  >
  > Have a clause put into the contract that if the
  > company dissolves, your company
  > gets ownership of the code. Furthermore a copy of
  > the code should be kept off
  > of their site in case of disaster etc.
  >
  > Sounds inane I know. But if you have a mission
  > critical app with a vendor and
  > the vendor goes bye bies....... well, at least you
  > have the code. Push for it.
  >
  > Hannah
  >
  >
  >
  >
  >
  > dgoulet_at_vicr.com on 12/21/2000 11:10:32 AM
  >
  > Please respond to ORACLE-L_at_fatcity.com
  >
  > To: Multiple recipients of list ORACLE-L
  > <ORACLE-L_at_fatcity.com>
  > cc:
  >
  >
  >
  >
  > I'll agree with Steve wholeheartedly. We had a
  > relationship with a vendor where
  > they mandated that they provide an interface to
  > Oracle to "save us the hassles
  > with OWS". Well, as it turned out they were a VERY
  > small company, which has
  > since gone the way of the DODO bird. Their 5 people
  > were all VB developers with
  > absolutely no real experience with Oracle. They had
  > installed in VIA the
  > installer onto an NT system & that was all. If it
  > broke they just re-installed.
  > Needless to say when the first issue occurred they
  > took forever to "get an
  > answer from Oracle". So long in fact that I had
  > already called Oracle, using
  > another CSI mind you, gotten the answer and was
  > waiting with baited breath for
  > their response. When they finally called, one month
  > later & after 45 or so
  > follow-up calls, I had a pile of fun. So in a way I
  > guess having that type of
  > relationship with your vendor is rewarding.
  > Certainly gave me a chance to
  > "unload"!!!
  >
  > Dick Goulet
  >
  > ____________________Reply
  > Separator____________________
  > Author: "Steve Orr" <sorr_at_arzoo.com>
  > Date: 12/20/2000 4:10 PM
  >
  > I had something like that once. It was a "limited
  > use" contract meaning that
  > we could only use the database for the 3rd party
  > vendor's app. It was a full
  > function database at a much reduced cost but we
  > could not legally add other
  > apps or develop our own apps under that license. It
  > was a real hassle for
  > pure Oracle support issues having a middle man. They
  > weren't used to dealing
  > with a real life DBA and sometimes they were trying
  > to get answers to
  > questions they couldn't even understand :-(
  > Sometimes they would give me
  > direct contact with OWS using a special access code
  > with their CSI#.
  > Eventually we were able to pay a reduced amount to
  > the 3rd party vendor for
  > only supporting their app along with a separate
  > support contract directly
  > with Oracle. For awhile, we had 2 Oracle licenses,
  > one cheap limited use
  > license on the big production server with the 3rd
  > party, and another more
  > expensive license directly with Oracle on a smaller
  > development machine.
  > Since we had a copy of the app on the small
  > development machine we could
  > also get direct Oracle support under that CSI. Maybe
  > your 3rd party vender
  > is better but based on my past experience, I'd
  > recommend that you do
  > whatever you can to get support directly from OWS.
  >
  > Good Luck,
  > Steve Orr
  >
  >
  >
  > -----Original Message-----
  > Sent: Wednesday, December 20, 2000 8:39 AM
  > To: Multiple recipients of list ORACLE-L
  >
  > Dear List,
  >
  > We are about to purchase an application that uses
  > Oracle. For various reasons, we will be purchasing
  > the
  > Oracle licenses from the vendor instead of Oracle
  > themselves. We will also be buying Oracle support
  > through the vendor, which in the language of the
  > vendor, means that they want to be the middle man
  > between us and Oracle for support calls. I want the
  > option of going through the vendor or directly to
  > Oracle to avoid this extra layer of
  > (mis)communication.
  >
  > This being our first encounter with this type of
  > setup, I was wondering if anyone had language that
  > they use in a contract that addresses this
  > situation.
  >
  > TIA,
  >
  > Larry Hahn
  > DBA
  > Journal Sentinel, Inc.
  > Milwaukee, Wi 53203
  >
  > Author: Larry Hahn
  > INET: lhahn_60_at_yahoo.com
  >
  > --
  > Please see the official ORACLE-L FAQ:
  > http://www.orafaq.com
  > --
  > Author: Steve Orr
  > INET: sorr_at_arzoo.com
  >
  > Fat City Network Services -- (858) 538-5051 FAX:
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  > Author:
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