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Legal Mumbo Jumbo

From: Post, Ethan <Ethan.Post_at_ps.net>
Date: Mon, 09 Jun 2003 15:19:18 -0700
Message-ID: <F001.005ADF29.20030609135943@fatcity.com>


I just got this question put to me and I didn't know the answer. For the most part I have always supported applications running commercial software such as ERP systems. In these cases it is clear that a license is required for Production and Development servers. But let's say the following occurs.

  1. I download a free version of Oracle for the purpose of developing my widget.
  2. One year later I begin selling my widget based web service and purchase a production server to run Oracle on. I buy my CPU based license and support.
  3. I continue running Oracle on another server which is exclusively used for development.
  4. I put Oracle on a laptop for the purpose of making sales calls. Will a per seat charge work here?

Do I need a license for my development server? The text below would seem to say no...or yes...depending of course on how you read it. I have always understood Oracle licensing to mean, you can do what you want until you begin to sell it, then you need to license everything. This has been my experience but as I stated I work with a lot of ERP systems in which it makes sense.

If you don't need to license the dev server, are you allowed to patch the database using the support from production? I searched google and did not see these specific examples answered.

License Rights
We grant you a nonexclusive, nontransferable limited license to use the programs only for purposes of developing and prototyping your applications, and not for any other purpose. If you use the applications you develop under this license for any internal data processing or for any commercial or production purposes, or you want to use the programs for any purpose other than as permitted under this agreement, you must contact us, or an Oracle reseller, to obtain the appropriate license. We may audit your use of the programs. Program documentation is either shipped with the programs, or documentation may accessed online at http://otn.oracle.com/docs.

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Author: Post, Ethan
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