202110.19
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Seven Lessons I learned representing clients in Oracle Audits

Over the last several years, more and more Oracle customers are receiving notices that they have been selected for an Oracle license review or software audit that it reviews the license position of all of its customers worldwide.  That means if your company has not participated in a software license review with Oracle, the odds…

202109.14
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Licensing Oracle Software in a Third Party’s Cloud

Many companies would like to know whether and to what extent their existing Oracle software product licenses entitle them to use that software in a third-party cloud-hosting environment – such as Amazon Web Services’ (AWS’s) Elastic Compute Cloud (EC2) environment – and, if so, whether that usage would be subject to different license metrics or…

202104.07
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Health Care Organizations Seeing Increased Audit Requests

During a global pandemic, health care organizations may have believed that they could focus solely on providing health-care services to their customary patient-base, along with those affected by COVID-19. Many of those organizations were surprised to learn that they were also increased targets for software audits by some of the largest software publishers in the…

202103.09
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Sweat the Small Stuff When Licensing Oracle Software

Enterprise-level software solutions often entail complex licensing challenges. Many of the thorniest questions often center on how to license software in virtualized environments, especially if the goal is to use something less than the full processing power of the hosting infrastructure. IBM licensees should be familiar with Big Blue’s requirement (in most cases) to deploy…

202101.19
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3 Actions Oracle Customers Should Take at the End of a ULA

Of the many complex licensing arrangements Oracle offers to its customers, none seem to generate as much confusion and consternation as the Unlimited License Agreement (“ULA”).  For companies that have already determined that they are not going to renew their ULAs with Oracle, the following are a few guidelines to follow to minimize the risks…

202010.01
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How to Contend with Oracle’s Many Licensing Policies

It is common practice for software publishers to incorporate by reference various licensing rules and policies to govern the usage of the publishers’ software products. For example, Microsoft’s volume license agreements (such as MPSAs or Enterprise Agreements) incorporate Microsoft’s Product Terms, Online Services Terms and Service Level Agreement for Online Services (among other documents), with…

202009.04
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Using an Oracle Server Worksheet to Respond to Oracle Licensing Inquiries

If your business receives an inquiry from Oracle requesting that you complete an Oracle Server Worksheet, you should proceed with caution. Answering the question without consulting a licensing expert and carefully evaluating the relevant license agreements can result in increased licensing fees, possible audits, and penalties. Before responding to an Oracle inquiry, it is important…

202003.06
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Unlimited License Agreements for Oracle Products

Technology departments are continuously looking for ways to reduce costs related to software. Many larger enterprises are considering licensing software products on an enterprise-wide basis. For Oracle products, an unlimited license agreement (“ULA”) approach can be beneficial in terms of license management, but the transition from a ULA back to limited licenses can present problems…

201908.28
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Oracle ULAs Require Delicate Balancing

Many larger companies feel an understandable desire to move toward, centralized, enterprise-level software licensing agreements. Such frameworks often have the advantage of allowing licensees to spread their license spends more evenly over the term of the agreement and to focus somewhat less intensely on some software asset management (SAM) obligations. In that vein, Oracle offers…

201908.26
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Avoid Oracle ULA Termination Risks

Many software publishers recognize that perpetual licenses should be, true to their name, perpetual, and that unless you violate the terms of the licenses they should remain in effect forever. As the licensee, you may not want to use that Microsoft Office 97 license you purchased fifteen years ago. However, if it suits your needs…