A business should proceed with caution when analyzing its Oracle licensing status, especially if it receives an inquiry from Oracle requesting that it complete an Oracle Server Worksheet.
Before responding to an Oracle inquiry, it is important to identify a mutually agreeable framework for the response. Work with Oracle to ensure that you know how the audit materials will be used and what Oracle expects to see in your response. Many companies have older versions of Oracle products installed and in use in their organizations. It is important to determine which version of Oracle’s license agreement will apply to any licensing analysis before providing information to Oracle.
Make sure that you are not jeopardizing your legal position before you submit a response. In many instances, your Oracle license agreement may contain a provision purporting to give Oracle the right to audit your installations and usage. Understanding your legal obligations and limiting the scope of the audit can be critical to a prompt, reasonable resolution. It can be difficult to know how to appropriately complete an Oracle Server Worksheet or otherwise respond to an Oracle inquiry.
Scott & Scott’s experienced attorneys can help your company navigate Oracle’s license management and audit processes. We can interpret your existing license agreements, help you complete an Oracle Server Worksheet, make compliance recommendations, and assist you with resolving licensing disputes.
Oracle Audit Suprises
Functionality enabled but never used is considered non-compliant.
Prior agreements, including license transfers and custom agreements not always honored.
If it is not in the OLSA or SLSA or an ordering document, LMS will not give credit.
Oracle Licensing Considerations
- 29SepBoutique law firm receives Lawyers Worldwide Award for work in Software Disputes & Technology Transactions.19SepMarc Benjamin, The Fresno Bee, 7/24/16 Fresno County paid IBM almost $2.3 million after a software-licensing audit revealed too many workers were using unlicensed IBM software in county departments.
- 12SepStephen F. Pinson, The Licensing Journal, August 2016 A warranty is one of the most important contract provisions in a software contract. The warranty section deals with the performance of the software and what the...9SepJulie Machal-Fulks, Texas Lawyer, June 2016 Some of their most integral software applications businesses use are under another party’s control. When each party is upholding its end of the licensing bargain, these relationships can be long-lasting...
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