RE: Another Iicensing conundrum

From: Powell, Mark D <mark.powell_at_eds.com>
Date: Thu, 5 Mar 2009 09:11:37 -0500
Message-ID: <D1DC33E67722D54A93F05F702C99E2A9038AFA19_at_usahm208.amer.corp.eds.com>

Someone needs to read your initial purchase contract. Did you purchase a perpetual license or was a "lease" agreement signed. That is, you may have effectively just leased the software. In our initial contract the acquiring of the software and the maintenance agreements were separate.  

Depending on which products you have both positions may be true.

• Mark D Powell -- Phone (313) 592-5148

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        From: oracle-l-bounce_at_freelists.org
[mailto:oracle-l-bounce_at_freelists.org] On Behalf Of M Hand

	Sent: Thursday, March 05, 2009 9:01 AM
	To: oracle-l
	Subject: Another Iicensing conundrum
	
	
	Greetings,
	With the usual caveats that we are not lawyers, I would like

your opinion on licensing and annual support. The question is whether annual support is required to use licensed products.          

        The long story:          

        My management and I believe that the perpetual database license gives one permission to use the licensed product regardless of a ongoing support contract. And the support contract gives one Metalink/SR access, permission to upgrade, and other non-license support. We expect to discontinue all database usage by the end of this year and have not renewed our support for 2009. Oracle is now coming back with the position that no support contract equals no permission to use licensed products.          

        Any thoughts?          

	Regards,
	Mike Hand

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Received on Thu Mar 05 2009 - 08:11:37 CST