LICENSE & SUPPORT - treasury.nsw.gov.au · Oracle Internet Application Server Enterprise Edition or...

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Schedule 1: General Order Form –

LICENSE & SUPPORT

_____________________________________________________

General Order Form. Schedule 1 to the Customer Contract (which is Part 2 of the Procure IT Framework)

______________________________________________________________________

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2 CUSTOMER

Item 1 Name of Customer

Details to be included from the Customer Contract

Order Details agreed by the Contractor and the Customer

Formation (clause 3.4)

Specify the Customer’s full legal name: The Crown in right of the State of New South Wales, acting through the TreasuryABN 55 437 667 728

Item 2 Service Address




Specify the Customer’s service/delivery address:

127 Phillip St.

Sydney

NSW

2000

Item 3 Customer’s Representative



Representatives (clause 23.1)

Specify an employee who is the Customer’s Authorised Representative:

George Sotiropoulos

CONTRACTOR

Item 4 Name of Contractor




Specify the Contractor’s full legal name: Oracle Corporation Australia Pty Limited (ABN 80 003 074 468)

Item 5 Service Address




Specify the Contractor’s service/delivery address:

4 Julius Avenue, North Ryde, New South Wales 2113

Item 6 Contractor’s Representative



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3 Details to be included from the Customer Contract


Representatives (clause 23.1)

Specify an employee who is the Contractor’s Authorised Representative:

Brett Reeves, Senior Director, Finance

Item 7 Head Agreement

This Item 7 must be completed when the Customer Contract is entered into under a Head Agreement.




Specify the Head Agreement number: 607 – Oracle Software

Specify the Head Agreement title:

Specify the Term of the Head Agreement:

Start Date:

End Date:

If the Term of the Head Agreement has expired the Customer must obtain the Contract Authority’s approval to enter into a further Customer Contract, and this approval should be attached to this General Order Form.

31 May 2013

30 May 2016

Insurance (clause 16.2)

Specify the insurances required under the Head Agreement:

The default insurance requirement under the Head Agreement is public liability insurance with an indemnity of at least $10,000,000 in respect of each claim for the period of cover.

Specify any higher limit of cover that is required by the Head Agreement:

Public liability insurance with an indemnity of at least $10,000,000 in respect of each claim and for the total aggregate liability for all claims for the period of cover.

The default insurance requirement under the Head Agreement is product liability insurance with an indemnity of at least $10,000,000 for the total aggregate liability for all claims for the period of cover.

Specify any higher limit that is required by the Head Agreement:

Product Liability insurance with an indemnity of at least $10,000,000 for the total aggregate liability for all claims for the period of cover.

Specify if professional indemnity/errors and omissions insurance was required under the Head Agreement.

If so, the default insurance requirement is for a limit of cover of $1,000,000 in respect of the total aggregate liability for all claims for the period of cover.

Specify any higher limit that is required by the Head Agreement:

Professional indemnity insurance to the value of at least $1,000,000 in respect of the total aggregate liability for all claims for the period of cover.

Workers’ compensation insurance in accordance with applicable legislation:

Worker’s compensation insurance in accordance with applicable legislation for all the Contractor’s employees.

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Specify any other type of insurance required under the Head Agreement and the specified amount:

Not applicable to this Order.

Performance Guarantee (clause 17.1)

Specify if the Contractor was required to provide a Performance Guarantee under the Head Agreement:

A Performance Guarantee is not required.

Item 8 Modules that form part of the Customer Contract

Formation (clause 3.8(a))

Indicate, by marking with an X, the Modules that apply

Module 1 – Hardware Acquisition and Installation Module 9 – Data Migration

Module 2 – Hardware Maintenance and Support Services

Module 10 – Software as a Service and Platform as a Service

Module 3 – Licensed Software X Module 11 – Infrastructure as a Service

Module 4 – Development Services Module 12 – Managed Services

Module 5 – Software Support Services X Module 13 – Systems Integration

Module 6 – Contractor Services Module 14 –Hosting Services

Module 7 – Professional Services Module 15 - Telecommunications Services

Module 8 – Training Services Module 16 – Satellite Services

Item 9 Schedules that form part of the Customer Contract in addition to the General Order Form

Formation (clause 3.8(b))

Indicate, by marking with an X, the Schedules that apply

Schedule 1 – General Order Form Applies Schedule 7 – Statutory Declaration - Subcontractor

Schedule 2 – Agreement Documents X Schedule 8 – Deed of Confidentiality

Schedule 3 – Service Level Agreement X Schedule 9 – Performance Guarantee

Schedule 4 – Variation Procedures X Schedule 10 – Financial Security

Schedule 5 – Escrow Agreement Schedule 11 – Dispute Resolution Procedures X

Schedule 6 – Deed Poll – Approved Agents Schedule 12 – Project Implementation and Payment Plan

Item 10 Contract Period



Contract Period (Clause 2.4)

Specify the Commencement Date if it is not the date when the Customer and the Contractor sign the Customer Contract:

The Commencement Date shall be the date the last party signs the Customer Contract.

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Specify the end of the Contract Period: The initial Contract Period is 12 Months from the Commencement Date with 4 x 1 year options to renew which

the Customer can exercise at its discretion, The parties

acknowledge that during the Contract Period (including any renewal periods after the expiry of the initial Contract Period) the technical support policies applicable to the Software Support Services may be varied in accordance with Box 7 of the Module 5 Order Form. . For the avoidance of doubt the Support Services Price for the first, second, third and

fourth renewal years shall be as set out below:

First Renewal Year: $A$1,208,502.30 Second Renewal Year: $A$1,208,502.30 Third Renewal Year: $A$1,208,502.30

Fourth Renewal Year: $A$1,208,502.30

Specify any period of extension of the Contract Period in days/weeks/years:

As per above.

Item 11 Common Details

Licensed Software and Software Support Services

Product Quantity & Type License Fee AUD$ Software Support Services Fee AUD$

*PRIME User Bundle 1000 Prime Users (as set out below) 5,362,139.06 1,179,644.25

Ôracle User Productivity Kit Professional

10 UPK Developer Perpetual 23,909.00 5,259.87

Ôracle Data Relationship Management

40000 Record Perpetual 88,000.00 19,240.00

Ôracle Data Relationship Steward

25 Application User Perpetual

19,810.00 4,358.18

Sub total $5,493,858.06 1,208,502.30

Media Fee NA

Total Fees $5,493,858.06 $1,208,502.30

GST $549,385.81 $120,850.23

TOTAL FEES INCLUDING GST $6,043,243.87 $1,329,352.53

Combined Total 7,372,596.40

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6 *PRIME User BundleThe PRIME User Bundle contains the following programs.

Ôracle Access Management Suite Plus Prime User Perpetual

#Oracle Business Intelligence Suite Foundation Edition Prime User Perpetual

*Oracle Data Integrator Enterprise Edition Prime User Perpetual

#Oracle Database Enterprise Edition Prime User Perpetual

Ôracle Hyperion Disclosure Management Prime User Perpetual

*Oracle Hyperion Financial Data Quality Management, Enterprise Edition Prime User Perpetual

*Oracle Hyperion Financial Data Quality Management, Enterprise Edition Adapter for FinancialManagement Prime User Perpetual

Ôracle Hyperion Financial Data Quality Management, Enterprise Edition Adapter Suite Prime User Perpetual

Ôracle Hyperion Financial Management Plus Prime User Perpetual

Ôracle Hyperion Planning Plus Prime User Perpetual

*Oracle SOA Suite for Oracle Middleware Prime User Perpetual

#Oracle Unified Business Process Management Suite Prime User Perpetual

Ôracle User Productivity Kit Professional Prime User Perpetual

#Oracle WebCentre Content Prime User Perpetual

*Oracle WebCentre Portal Prime User Perpetual

#Oracle WebLogic Suite Prime User Perpetual

#Oracle Active Data Guard Prime User Perpetual

#Oracle Diagnostics Pack Prime User Perpetual

#Oracle Real Application Clusters Prime User Perpetual

#Oracle Tuning Pack Prime User Perpetual

Limited Use Programs

1. All of the above mentioned Licensed Software are limited use programs in that the LicensedSoftware may only be used as part of the PRIME System.

2. In addition to the limitation imposed in section 1 above, the Licensed Software marked with a# may only be used with those application Licensed Software above marked with a ^.

3. In addition to 1 and 2 above, the products marked with a * may be used to load data from anysource but only into the Licensed Software within the PRIME System.

Products included in the Suites mentioned above:

Oracle Business Intelligence Suite Foundation Edition

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7 Business Intelligence Suite Extended Edition, Scorecard and Strategy Management, Essbase Plus and Business Intelligence Mobile. Other included item: Essbase Analytics Link for Hyperion Financial Management.

Oracle Hyperion Financial Data Quality Management, Enterprise Edition Adapter Suite

Other included components: Hyperion Planning Plus Adapter, Essbase Adapter, Hyperion Financial Close Suite Adapter, Oracle ERP Application Adapter.

Oracle SOA Suite for Oracle Middleware

Business Activity Monitoring, Web Services Manager, BPEL Process Manager, Enterprise Service Bus, AquaLogic Service Bus, Oracle Event Processing, and Entitlements Server Basic.

Restricted Use: Coherence Enterprise Edition limited to clustering, Portable Object Format, local caching, and support for internal SOA usage.

Oracle Unified Business Process Management Suite

BPM Studio, BPM Composer, BPMN Service Engine and Workflow Extensions, BPM Process Spaces, BPM Process Analytics

Oracle WebLogic Suite

WebLogic Server Enterprise Edition, Java SE Suite (restricted for WebLogic Server, Oracle Containers for J2EE and Coherence. Java SE is included for client applications that access these server components). Internet Application Server Enterprise Edition, Coherence Enterprise Edition Oracle Web Tier.

Restricted-use: Management Pack for Oracle Coherence for use with WebLogic Suite only

Oracle Access Management Suite Plus

Access Manager, Adaptive Access Manager, Identity Federation, Entitlements Server, OpenSSO Fedlet, Security Token Service (STS), Mobile and Social, Oracle Access Portal

Restricted use: Business Intelligence Publisher to publish and/or view: 1) Shipped BI Publisher reports. Layout changes are allowed, AND

2) Shipped or newly created BI Publisher reports that are modified to access data from the existingIdentity Management schema that has not been customized. Oracle Traffic Director: Use of the Oracle Traffic Director portion of Oracle Access Management Suite Plus is restricted to the following features: Access Manager WebGate, and Origin ServerHTTP/TCP, Load Balancing to Access Management Suite Plus components.

Oracle Internet Application Server Enterprise Edition or WebLogic Server Enterprise Edition as host for only Access Management Suite Plus, including run-time components to provide java runtime environment and http support, as well as configuration and administration components used for the setup and management of these run-time components.

Restricted Use: Oracle Identity Manager and associated Identity Manager Connectors for Microsoft Active Directory, Novell eDirectory, Oracle Internet Directory, and Sun Java System Directory, for managing users in a directory for Access Manager.

LICENSE DEFINITIONS

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8 PRIME System: The Prime System is a system that collects, processes and disseminates information from:

(a) various NSW Government Agencies (as defined in clause 1.51 of Part 3 Dictionary in the 607-Oracle Software Head Agreement);

(b) public trading enterprises and State owned corporations (whether or not prescribed by a statutory instrument); and

(c) any other entity that is required by the Customer to interact with the system (“Other Entity”),

to enable financial reporting and to produce the NSW State budget, as well as providing government with better decision making capabilities regarding funding decisions. Core functions include consolidation, financial modelling, government budgeting and comprehensive reporting including business intelligence.

For the purposes of this clause

(a) “Other Entity” means:

i. Customers’ agents, contractors, outsourced and shared service providers; and

ii. non-government organisations that contribute to the NSW budget process; and

(b) a reference to a “public sector agency (within the meaning of the Public Sector Employment and Management Act 2002)” in the definition of NSW Government Agencies will be deemed to be a reference to “a government sector agency (within the meaning of the Government Sector Employment Act 2013)”.

For compliance purposes, the Customer will track the number of users that access the Web Portal, for the purpose of the PRIME System. If at any time the number of individuals using the Licensed Software exceeds the relevant licensed quantity (as set out in Box 2 (“Class of Licence”) of the Module 3 Order Form, plus any additional licences subsequently purchased by the Customer), the Customer is required to purchase additional licences in accordance with item 43 of this General Order Form.

Prime User: is defined as an individual authorized by the Customer to access the Prime System.

Application User: is defined as an individual authorized by the Customer to use the Licensed Software which is installed on a single server or on multiple servers regardless of whether the individual is actively using the Licensed Software at any given time.

Named User Plus / Named User: is defined as an individual authorized by the Customer to use the Licensed Software which is installed on a single server or multiple servers, regardless of whether the individual is actively using the Licensed Software at any given time. All of the remaining provisions of this definition apply only with respect to Named User Plus licenses, and not to Named User licenses. A non human operated device will be counted as a Named User Plus in addition to all individuals authorized to use the Licensed Software, if such devices can access the Licensed Software. If multiplexing hardware or software (e.g., a TP monitor or a web server product) is used, this number must be measured at the multiplexing front end. Automated batching of data from computer to computer is permitted and will not be considered a Named User Plus.

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9 Record: For the purposes of the Oracle Data Relationship Management Program, a record is defined as the unique occurrence of any business object or master data construct that the Customer chooses to manage within the Licensed Software. Records may describe any number of enterprise information assets, commonly referred to as base members, including but not limited to cost centers, ledger accounts, legal entities, organizations, products, vendors, assets, locations, regions or employees. Additionally, a record may also be a summary object, commonly referred to as a rollup member that either summarizes base members or describes hierarchical information associated with underlying base members. Records represent unique occurrences and they do not include any duplicates or shared references that may be essential for master data management purposes.

UPK Developer: is defined as an individual authorized by the Customer to use the Licensed Software which is installed on a single server or multiple servers, regardless of whether the individual is actively using the Programs at any given time. UPK Developers may create, modify, view and interact with simulations and documentation.

––

Item 12 Delivery Address



Delivery (clause 5.1)

Specify the address of the Site where delivery is to be made:

There is no physical delivery of the Licensed Software. The Licensed Software will be downloadable at http://edelivery.oracle.com as at the Commencement Date (as set out in Item 10 of this Order) being the date when the Customer and the Contractor sign the Customer Contract.

Specify any delivery instructions: Not applicable to this Order.

Specify the hours during which delivery may be made to the Site:

There is no physical delivery of the Licensed Software. The Licensed Software will be downloadable as at the Commencement Date (as set out in Item 10 of this Order) being the date when the Customer and the Contractor sign the Customer Contract.

For the Software Support Services is 24 hours/day, 7 days/week including public holidays.

Item 13 Contract Specifications




If the Contract Specifications are the User Documentation leave this Item blank.

If the Contract Specifications comprise other documents, list those documents in order of priority:

User Documentation can be downloaded from

http://oracle.com/documentation

http://oracle.com/documentation

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10 Item 14 Payment



Payment (clauses 11.1 and 11.2)

Invoicing (clause 11.7 and 11.9)

Specify the Customer’s officer to receive invoices:

George Sotiropoulos

Specify address to which invoices should be sent:

127 Phillip St.

Sydney

NSW

2000

Specify the number of days from receipt of a Correctly Rendered Invoice that the Customer must make payment.

If this Item is not completed, the Customer must pay the Contractor within 30 days from receipt of a Correctly Rendered Invoice.

Payment of the total fees including GST as set out in Item 11 is due and payable within 30 days from receipt of a Correctly Rendered Invoice.

Specify when the Contract Price must be paid:

E.g. if the earlier Price is to be paid on delivery, insert “The Contract Price is due on delivery”.

If payment is to be made on more than one occasion then consider using a PIPP under Item 20.

Payment of the total fees including GST as set out in Item 11 is due and payable within 30 days from receipt of a Correctly Rendered Invoice.

Specify whether the Contract Price is fixed:

E.g. does the unit Price per item vary for inflation or other factors? If so, specify the calculation for Price variations:

The Contract price is fixed.

Item 15 User Documentation



User Documentation (clause 5.4(b))

Specify the Price of any additional copies of the User Documentation:

As per clause 5.4(b) at the Contractor’s then current commercial price.

________________________________________________________________

Item 16 Management Committee – Not Used

Item 17 Performance Review Procedures – Not Used

Item 18 Site Preparation and Maintenance – Not Used

Item 19 Implementation Planning Study – Not Used

Item 20 Project Implementation and Payment Plan (PIPP) and Staged Implementation – Not Used

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11 Item 21 Liquidated Damages – Not Used

Item 22 Customer Supplied Items (CSI) and Customer Assistance – Not Used

Item 23 Escrow – Not Used

Item 24 Business Contingency Plan –

Contractor acknowledges that it has a Business Continuity Plan in place which details the requirements for the development, maintenance and testing of an enterprise-wide Business Continuity Management Program,

Item 25 Secrecy and Security



Access to Customer’s Site (clause 7.4)

Specify any secrecy or security requirements that the Contractor and its Personnel must comply with:

E.g. insert a reference to any document that includes a security requirement.

N/A

Item 26 Customer’s Personnel – Not Used

Item 27 Specified Personnel – Not Used

Item 28 Subcontractors – Not Used

Item 29 Quality Standard Accreditation – Not Used

Item 30 Contractor’s Compliance with Standards, Codes and Laws



Contractor Warranties (clause 9.1(g))

Specify any laws (other than Statutory Requirements) the Contractor is to comply with:

N/A

Specify any codes, policies, guidelines or standards the Contractor is to comply with:

ISO

For clarification, Contractor’s technical support policy sets out the following:

“Oracle’s information security management program is aligned with ISO/IEC 27001:2013, and Oracle has adopted and implemented information security practices and

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procedures in relation to: information security policies; management responsibility for security; information asset ownership and classification; physical and logical access security; network, media and O/S security management and control; audit and monitoring; configuration management, and change control; risk assessment, mitigation and remediation; vulnerability management; incident reporting and incident management; business continuity management; and compliance reporting.

GCS practices comply with corporate policies established by Oracle’s Global Information Security and Global Product Security organizations and with technical security standards and procedures set by Oracle’s IT and Support organizations.”

The parties expressly acknowledge that the above may be subject to change at the Contractor’s discretion, provided that Oracle may not materially reduce the security described above during the Contract Period (including any of the initial four (4) renewal periods after the expiry of the initial Contract Period.

Item 31 Customer’s Compliance with Standards, Codes and Laws – Not Used

Item 32 Acceptance Testing



Part 3 Dictionary (clauses 1.2 to 1.4)

Acceptance Test Notification Period is

the period from the end of the Acceptance Test Period, within which the Customer must provide to the Contractor written notice of the result of the Acceptance Test.

Specify this period:

If no period is specified, the period is 2 Business Days:

The parties agree that no Acceptance Tests apply to the Licensed Software. The parties further agree that clause 10 of Part 2 does not apply to this Order. Acceptance shall be deemed to occur upon the Commencement Date.

Acceptance Test Data is the data that is

provided by the Customer, and agreed by the Contractor that reflects the data the Customer will use in the Deliverable, that is to be used for Acceptance Testing.

Specify the Acceptance Test Data:

N/A

Acceptance Test Period is the period for

the performance of any Acceptance Tests for any Deliverable.

Specify this period:

If no period is specified, the period is 10 Business Days from the date of delivery of the Deliverable to the Customer.

N/A

Acceptance (clause 10.1)

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For each Deliverable, specify whether each Deliverable is to undergo Acceptance Testing:

If not, the Deliverable will be Accepted under clause 10.1(a).

N/A

If a Deliverable is not to undergo Acceptance Tests, specify the period required following delivery of the Deliverable as required by the Order Documents when the Actual Acceptance Date (AAD) for a Deliverable occurs:

If no period is specified, then the period is 2 Business Days.

N/A

Conducting Acceptance Tests (clause 10.3)

For each Deliverable that is to undergo Acceptance Tests, specify details of the Acceptance Testing requirements:

N/A

Specify the identification of the Deliverables or part of the Deliverables to be tested:

N/A

Specify the allocation of each Party’s responsibilities in relation to testing, including the Party responsible for conducting the Acceptance Tests:

N/A

Specify which Party is to provide the test environment, including hardware, software, power, consumables and other resources and when the environment and resources must be ready for use:

N/A

Specify the methodology and process for conducting Acceptance Tests:

N/A

Specify the scheduling of Acceptance Tests including the Acceptance Test Period and the Acceptance Test Notification Period:

N/A

Specify the Acceptance Criteria used to test whether the Deliverable meets the Contract Specification and other requirements of the Customer Contract:

N/A

Specify the Acceptance Test Data required:

N/A

If an Acceptance Test document has been created that addresses the above points it can be attached to the General Order Form by identifying the document here:

N/A

Item 33 Credit/Debit Card – Not Used

Item 34 Intellectual Property– Not Used

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14 Item 35 Confidentiality – Not Used

Item 36 Insurance Requirements – Not Used

Item 37 Performance Guarantee – Not Used

Item 38 Financial Security – Not Used

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15 Item 39 Limitation of Liability



Limitation of Liability (clause 18)

If the Parties cannot agree the amount that is legally payable under the Customer Contract for the:

Non-Recurring Service or Product; and/or

Short Term Recurring Service

(as applicable) insert the amount that the Parties agree is the best estimate of the Contract Value for the relevant item (the Estimated Contract Price).

Note: It may be necessary to separately identity the amounts payable under a single Customer Contract into separate amounts that are attributable to each of the different types of Product/ Service.

(See the definition of Contract Value in Part 3)

Contract Price for the Licensed Software under Module 3 is $5,493,858.06 (excluding GST)

Contract Price for the Software Support Services under Module 5 is $1,208,502.30 (excluding GST)

If Services are being provided under any of the following Modules:

Module 6 – IT Personnel; Module 7 – Professional Services; Module 8 – Data Management; Module 11 – Web Services; Module 16 - Project Management Services; Module 17 - Change Management Services; Module 18 - Knowledge Transfer Services; or Module 20 - Whole of Government Requirements

specify whether the Parties regard the relevant Services as being:

the supply of a service of the same type on a periodic basis, and so are to be classified as Recurring Services for the purpose of the limitation of liability; or

provided in respect of a specific project where the Contractor has been engaged by a Customer to produce, create or deliver a specified outcome or solution that may be subject to Acceptance Testing, in which case the Services are to be classified as Non-Recurring Services for the purpose of the limitation of liability.

(See definition of Non-Recurring Services and Recurring Services in Part 3)


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Specify the alternative cap of liability (clause 18.3):

N/A

Item 41 Dispute Resolution



Dispute Resolution (clause 24.11)

Specify the threshold amount in AU$ for issues to be resolved by expert determination under clauses 24.7 to 24.8.

$250,000.00 (excluding GST)

Specify type of issue/s not to be determined by expert determination under clauses 24.7 to 24.8.

Issues relating to breach of a party’s Intellectual Property rights or payment obligations.

Item 42 Termination for Convenience



Termination for Convenience by the Customer (clause 25.4)

Specify whether an amount is payable under clause 25.4(b) if the Customer exercises its right of termination for convenience under clause 25.3:

No further compensation is payable to the Contractor in accordance with clause 25.4(b), however prepaid Software Support Services shall be refunded on a pro rata basis from the date of termination under clause 25.3.

Item 43 Additional Conditions



Specify any Additional Conditions:

Note: where the Customer Contract is made under a Head Agreement the Customer must obtain the Contract Authority’s consent where an Additional Condition varies a Protected Clause.

Segmentation:

Services provided under this Customer Contract may be related to the Customer’s license to use products that the Customer acquires under this Customer Contract, and the terms of this Customer Contract shall govern the Customer’s use of such products. Unless agreed otherwise in a contract, any services acquired from the Contactor are bid and provided separately from products provided, and the Customer may acquire either services or products without acquiring the other.

Expanded Usage Rights:

For the purposes of this Customer Contract, in addition to the rights granted to the Customer in this Customer Contract, the following entities have the right to use the Licensed Software solely as part of the PRIME System:

those entities referred to in the definition of the Prime System as set out in Item 11 of this General Order Form.

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The Customer warrants that it shall be responsible for ensuring that the above entities use the Licensed Software in accordance with the terms of this Customer Contract.

Price Hold (Price Hold Exhibit 1):

a) For a period of 5 years from the Commencement Date of this Customer Contract, the Customer may order additional licences for the Licensed Software (and first year of Software Support Services for the additional Licensed Software) at the license and support fees specified on the attached Price Hold Exhibit 1, provided (i) such Licensed Software are available in production release when ordered; and (ii) the Customer has continuously maintainedSoftware Support Services under Module 5 since the Commencement Date.

b) Each order placed pursuant to this section must be for

a minimum of 50 Users of either the PRIME User Bundle or the PRIME Lite User Bundle per order. The Customer’s purchase on any such order of Licensed Software and/or license types that are not listed on the attached Price Hold Exhibit will count towards this minimum purchase amount.

c) Each order placed pursuant to this section will specify the Contractor’s delivery obligation. If the order specifies delivery, the Licensed Software will be delivered via electronic download. If electronic download is not possible or otherwise agreed to by the parties, tangible media will be delivered. Whenever the delivery of tangible media is required, the Customer will be invoiced for the applicable media and the shipping charges; shipping terms will be FCA: Shipping Point, Pre-paid and Add.

d) Any additional licences ordered under paragraph (a)

will be Licensed Software for the purposes of this Customer Contract.

Price Hold (Price Hold Exhibit 2):

e) For a period of 2 years from the Commencement Date of this Customer Contract, the Customer may order the additional software listed in Price Hold Exhibit 2 (and first year of Software Support Services for that software) at the license and support fees specified on the attached Price Hold Exhibit 2, provided (i) such Licensed Software are available in production release when ordered; and (ii) the Customer has continuously maintained Software Support Services under Module 5 since the Commencement Date.

f) Each order placed pursuant to this section must be for

a minimum of 1000 users per product.

g) Any software ordered under paragraph (e) above will be Licensed Software for the purposes of this

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Customer Contract.

h) Each order placed pursuant to this section will specify the Contractor’s delivery obligation. If the order specifies delivery, the Licensed Software will be delivered via electronic download. If electronic download is not possible or otherwise agreed to by the parties, tangible media will be delivered. Whenever the delivery of tangible media is required, the Customer will be invoiced for the applicable media and the shipping charges; shipping terms will be FCA: Shipping Point, Pre-paid and Add.

Support renewal:

Software Support Services acquired under this Customer Contract may be renewed annually and if the Customer renews Software Support Services for the same number of licenses for the same Licensed Software, for the relevant renewal year the fee for Software Support Services will not increase by more than 0% over the prior year’s fees.

Additional Terms:

a. Once placed, the Customer’s order shall be non-cancelable and the sums paid nonrefundable, except as provided in the Customer Contract. This does not limit the Customer’s right to terminate under the Customer Contract.

b. In entering into payment obligations under this Customer Contract, the Customer agrees and acknowledges that it has not relied on the future availability of any, program or updates. However, (a) if the Customer orders technical support, the preceding sentence does not relieve the Contractor of its obligation to provide such technical support under the Customer Contract if and when available, in accordance with Module 5, and (b) the preceding sentence does not change the rights granted to the Customer under this order and the Customer Contract.

c Fees for the Licensed Software are invoiced as of the AAD for the Licensed Software [

Successor Products. If The Contractor makes successor products available for the Contractor’s programs (“new software”) that includes substantially similar functionality and features as any Licensed Software (“old software”), the Contractor will provide the Customer with a migration path from the old software to the new software and the right to use the new software under the Customer Contract at no

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charge, provided that (i) the Customer is then acquiring Software Support Services for the old software under Module 5; (ii) this right shall only apply to new software that is available in production release status on the operating system identified by the Customer at the time of the request; and (iii) the Contractor is currently making available, at no charge, such migration path from the old software to the new software to its other supported customers.

If the Contractor does not provide to all of its supported customers a migration path from the old software to the new software at no additional charge, then the Contractor will provide the Customer with the right to use under this Customer Contract at no additional charge only the functionality and features contained in the new software that is substantially similar to the functionality and features contained in the old software, provided that the Customer shall not have the right to use, nor shall the Customer use, any additional functionality or features in such new software.

Software support is provided in accordance with Module 5.

Nothing in this section requires the Customer to accept any new software.

This General Order Form is part of the Customer Contract and incorporates all Parts, terms and conditions and other documents listed in clause 3.8 of Part 2 as if repeated in full in this General Order Form.

This offer is valid through 29-FEB-2016

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20 PRICE HOLD EXHIBIT 1

Listed below is the license fee and first year Software Update License & Support fee for the Program licenses that may be purchased pursuant to Item 43.

Bill of Materials

Product Quantity & Type License Fee AUD$ First Year Software Update

License & Support Fee

*PRIME User Bundle

1 user (as set out below)

6,201.48 1,364.29

*PRIME Lite User Bundle (see next page for list of programs in the PRIME Lite User Bundle)

1 user (as set out below)

2,400.50 528.06

Ôracle Data Relationship Management*

1 Record

Perpetual 3.30 .72

Ôracle User Productivity Kit Professional

1 UPK Developer

Perpetual

3,586.35 788.98

Ôracle Data Relationship Steward

25 Application User Perpetual 19,810.00 4,358.18

The PRIME User Bundle contains the Products and is subject to the limitations set out in Item [11] of this General Order

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The PRIME Lite Bundle contains the following products.

Ôracle Access Management Suite Plus Prime Lite User Perpetual

#Oracle Business Intelligence Suite Foundation Edition- Prime Lite User Perpetual

*Oracle Data Integrator Enterprise Edition- Prime Lite User Perpetual

#Oracle Database Enterprise Edition- Prime Lite User Perpetual

Ôracle User Productivity Kit Professional- Prime Lite User Perpetual

*Oracle WebCentre Portal- Prime Lite User Perpetual

#Oracle WebLogic SuitePrime Lite User Perpetual

#Oracle Active Data Guard-Prime Lite User Perpetual

#Oracle Diagnostics Pack- Prime Lite User Perpetual

#Oracle Real Application Clusters Prime Lite User Perpetual

#Oracle Tuning PackPrime Lite User Perpetual

Limited Use Programs 1. All of the above mentioned Licensed Software in the Prime Lite Bundle are limited use programs in that they may only be used:

(a) in connection with the PRIME System;

(b) For the purpose of viewing reports (in a read only capacity) that are generated by the PRIME System

2. In addition to the limitation imposed in section 1 above, the Licensed Software in the Prime Lite Bundle marked with a # may only be used with those application Licensed Software above marked with a ^.

3. In addition to 1 and 2 above, the product marked with a * may be used to load data from any source but only into the licensed software within the PRIME USER LITE definition.

Prime User Lite: is defined as an individual authorized by the Customer to access the Prime System subject to the limitations set out above.

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PRICE HOLD EXHIBIT 2

Listed below is the license fee and first year Software Update License & Support fee for the Program licenses that may be purchased pursuant to Item 43.

Bill of Materials

Product Quantity & Type License Fee AUD$ First Year Software Update

License & Support Fee

Exalytics InMemory Software

1 Named User Plus Perpetual

75.75 16.68

Oracle Exalytics InMemory Software for Oracle Hyperion Financial Management Plus

1 Application User Perpetual

204.9 45.08

Oracle Database InMemory for Exalytics

1 Named User Plus Perpetual 123.00 27.05

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24 Schedule 2: Agreement Documents

Itemise all documentation (including any supplemental terms and conditions agreed to by the Customer, accepted tenders, offers or quotes from the Contractor, and any letter of acceptance or award issued by the Customer) between the Customer and the Contractor. All such documentation must be itemised in this Schedule 2 and listed below in descending date order (i.e. the latest document is listed first.)

Document Date of Document

Technical Support Policies (available at [http://www.oracle.com/us/support/policies/index.html])

Commencement Date.

Oracle Software Technical Support Policies: 12-January-2016 Page 1 of 26

Oracle Software Technical Support Policies Effective Date: 12-January-2016

Table of Contents

1. Overview 2. Support Terms 3. Lifetime Support 4. Oracle Technical Support Levels 5. Additional Support Services Available for Purchase 6. Web-Based Customer Support Systems 7. Tools Used to Perform Technical Support Services 8. Global Customer Support Security Practices 9. Severity Definitions

10. Hyperion and Agile Specific Support Terms 11. Contact Information

1. Overview Unless otherwise stated, these Software Technical Support Policies apply to technical support for all Oracle software product lines. "You" and "your" refers to the individual or entity that has ordered technical support from Oracle or an Oracle-authorized distributor. To receive technical support as provided by Oracle Support Services (“OSS”) as described in these Oracle Software Technical Support Policies, all programs must be properly licensed. Technical support is provided for issues (including problems you create) that are demonstrable in the currently supported release(s) of an Oracle licensed program, running unaltered, and on a certified hardware, database and operating system configuration, as specified in your order or program documentation. Except as otherwise specified in this section, product release and supported platforms information for all Oracle programs, other than Phase Forward, Nimbula and MICROS Systems programs, is available through Oracle’s web-based customer support systems as described in the Web-Based Customer Support Systems section below. Product release and supported platforms information for Phase Forward, Nimbula programs will be provided to you in writing. Effective August 10, 2015, product release and supported platforms information for MICROS Systems programs supported by the MICROS United States and Canadian support teams (except US Cruise) will be available in My Oracle Support. Oracle will provide technical support in accordance with Oracle’s services privacy policy available at http://www.oracle.com/us/legal/privacy/services-privacy-policy-078833.html and Oracle’s Global Customer Support Security Practices, as referenced below. References to the Technical Support Policies in former Oracle, or vendors acquired by Oracle, agreements may vary (e.g. Software Support Services Terms and Conditions, Maintenance Services Policy, Standard Maintenance Program, product support policy, Support Services policies, Support Maintenance Agreement, Maintenance and Technical Support Agreement, Maintenance and Support Schedule 2.0, and Licensee Support Services Policy). These Technical Support Policies are subject to change at Oracle's discretion; however Oracle policy changes will not result in a material reduction in the level of the services provided for supported programs during the support period (defined below) for which fees for technical support have been paid.

http://www.oracle.com/us/legal/privacy/services-privacy-policy-078833.html


To view a comparison of these Oracle Software Technical Support Policies and the previous version of the Oracle Software Technical Support Policies, please refer to the attached Statement of Changes (PDF).

2. Support Terms

Technical Support Fees Technical support fees are due and payable annually in advance of a support period, unless otherwise stated in the relevant order or payment plan, financing or leasing agreement with Oracle or an Oracle affiliate (“payment plan”). Your payment or commitment to pay is required to process your technical support order with Oracle (e.g., purchase order, actual payment, or other approved method of payment). An invoice will be issued only upon receipt of your commitment to pay, and will be sent to a single billing address that you designate. Failure to submit payment will result in the termination of technical support services. Technical support will be provided pursuant to the terms of the order under which it is acquired; however, technical support fees due under a payment plan are due and payable in accordance with the terms and conditions of such payment plan. Support Period Technical support is effective upon the effective date of your order unless stated otherwise in your order. If your order was placed through the Oracle Store, the effective date is the date your order was accepted by Oracle. Unless otherwise stated in the order, Oracle technical support terms, including pricing, reflect a 12 month support period (the "support period"). Once placed, your order for technical support services is non-cancelable and the sums paid non-refundable, except as provided in the relevant order. Oracle is not obligated to provide technical support beyond the end of the support period. License Set A license set consists of (i) all of your licenses of a program, including any options* (e.g., Database Enterprise Edition and Enterprise Edition Options; Purchasing and Purchasing Options), Enterprise Manager* (e.g., Database Enterprise Edition and Diagnostics Pack), or self-service module* (e.g., Human Resources and Self-Service Human Resources) licensed for such programs, (ii) all of your licenses of a program that share the same source code**, or (iii) for Crystal Ball programs, the same licenses of a program contained on a single order, (iv) for Java Embedded Binary programs, all of the distributed units of the program(s) embedded in each unique Java Application Product pursuant to the Java Binary License and Redistribution Agreement (“BLRA”) between you and Oracle, or (v) if you are distributing Java Restricted Use Binary programs or if you are distributing Java Embedded Binary programs under the Oracle Java Platform Integrator program (“OJPI”), all of the end user’s licenses of the program(s) embedded or included in the Java Application Product pursuant to the BLRA. Development and demonstration licenses available through the Oracle Partner Network or the Oracle Technology Network are not included in the definition of a license set.

*As specified on Oracle’s price list.

**Programs that share the same source code are:

Database Enterprise Edition, Database Standard Edition, Database Standard Edition One, Oracle Database Standard Edition 2 and Personal Edition.

Internet Application Server Enterprise Edition, Internet Application Server Standard Edition, WebLogic Server Enterprise Edition, WebLogic Server Standard Edition, WebLogic Suite, and Web Tier.

Oracle FLEXCUBE Core Banking programs

Oracle FLEXCUBE Universal Banking for Retail programs

Oracle FLEXCUBE Universal Banking for Corporate programs

Oracle FLEXCUBE Lending & Leasing programs

Oracle Daybreak programs

Oracle Banking programs

http://www.oracle.com/us/support/library/tsp-soc-069318.pdf


If you are an Oracle partner and provide first line support to an end user (e.g., Embedded Software License (“ESL”), Application Specific Full Use (“ASFU”), or any other Oracle authorized provision of first line support), a license set consists of all of the end user’s licenses of the program(s) embedded or included in the Application Package pursuant to the ESL Distribution Agreement, ASFU Distribution Agreement, or other distribution agreement between you and Oracle. If the end user also has Full Use licenses supported directly by you, then those Full Use licenses must also be supported at the same level as the ASFU or ESL licenses. If Oracle is providing first line support for all of an end user’s ASFU and Full Use licenses, then both the ASFU and Full Use licenses must be supported at the same level. However, if Oracle is providing first line support for an end user’s Full Use licenses and you are providing first line support for the ASFU and/or ESL licenses, then the licenses would not be considered part of the same license set.

Matching Service Levels When acquiring technical support, all licenses in any given license set must be supported under the same technical support service level (e.g., Software Update License & Support, Oracle Communications Network Premier Support or unsupported). If you add Extended Support, you still must maintain Software Update License & Support for the entire license set; subject to availability, you must acquire Extended Support for all licenses of a particular version release of a program if you acquire Extended Support for any license in such version release. You may not support a subset of licenses within a license set; the license set must be reduced by terminating any unsupported licenses. You will be required to document license terminations via a termination letter.

Reinstatement of Oracle Technical Support If technical support lapses or was not originally purchased with a program license, a reinstatement fee will be assessed. The reinstatement fee is computed as follows: a) if technical support lapsed, then the reinstatement fee is 150% of the last annual technical support fee you paid for the relevant program; b) if you never acquired technical support for the relevant programs, then the reinstatement fee is 150% of the net technical support fee that would have been charged if support had been ordered originally for the relevant program per Oracle’s Support pricing policies in effect at the time of reinstatement. The reinstatement fee in (a) shall be prorated from the date technical support is ordered back to the date technical support lapsed. The reinstatement fee in (b) shall be prorated back to the original program license order date. In addition to the reinstatement fee described above, you must pay the technical support fee for the support period. This technical support fee is computed as follows: (i) if technical support lapsed, then the technical support fee for a twelve month support period shall be the last annual technical support fee you paid for the relevant program; (ii) if you never acquired technical support for the relevant program, then the annual technical support fee shall be the fee that would have been charged if support had been ordered originally for the relevant program per Oracle’s Support pricing policies in effect at the time of reinstatement. Renewal adjustments may be applied to the annual support fee described in (i) and (ii) above. If you previously acquired technical support from an Oracle-authorized distributor and are now acquiring technical support directly from Oracle, an uplift may be added to the reinstatement fee and your technical support fee. If support is not reinstated for the entire license set or if support for a subset of licenses from an order is reinstated, then the “License Set”, “Matching Service Levels”, and “Pricing following Reduction of Licenses or Support Level” policies will apply.

Pricing following Reduction of Licenses or Support Level Pricing for support is based upon the level of support and the volume of licenses for which support is ordered. In the event that a subset of licenses on a single order is terminated or if the level of support is reduced, support for the remaining licenses on that license order will be priced at Oracle's list price for support in effect at the time of termination or reduction minus the applicable standard discount. Such support price will not exceed the previous support fees paid for both the remaining licenses and the licenses being terminated or unsupported, and will not be reduced below the previous support fees paid for the licenses continuing to be supported. If the license order from which licenses are being terminated established a price hold for additional licenses, support for all of the licenses ordered pursuant to the price hold will be priced at Oracle's list price for support in effect at the time of reduction minus the applicable standard discount.


Custom Application Bundles Technical support may not be discontinued for a single program module within a custom application bundle.

Unsupported Programs Customers with unsupported programs are not entitled to download or receive updates, maintenance releases, patches, telephone assistance, or any other technical support services for unsupported programs. CD packs or programs purchased or downloaded for trial use, use with other supported programs, or purchased or downloaded as replacement media may not be used to update any unsupported programs.

Technical Contacts Your technical contacts are the sole liaisons between you and OSS for technical support services. Your technical contacts must have, at a minimum, initial basic product training and, as needed, supplemental training appropriate for specific role or implementation phase, specialized product usage, and/or migration. Your technical contacts must be knowledgeable about the Oracle supported programs and your Oracle environment in order to help resolve system issues and to assist Oracle in analyzing and resolving service requests. When submitting a service request, your technical contact must have a baseline understanding of the problem you are encountering and an ability to reproduce the problem in order to assist Oracle in diagnosing and triaging the problem. To avoid interruptions in support services, you must notify OSS whenever technical contact responsibilities are transferred to another individual. You may designate one (1) primary and four (4) backup individuals ("technical contact") per license set, to serve as liaisons with OSS. With each USD$250,000 in net support fees per license set, you have the option to designate an additional two (2) primary and four (4) backup technical contacts. Your primary technical contact shall be responsible for (i) overseeing your service request activity, and (ii) developing and deploying troubleshooting processes within your organization. The backup technical contacts shall be responsible for resolving user issues. You may be charged a fee to designate additional technical contacts. Oracle may review service requests logged by your technical contacts, and may recommend specific training to help avoid service requests that would be prevented by such training.

Program Updates Update means a subsequent release of the program which Oracle generally makes available for program licenses to its supported customers at no additional license fee, other than shipping charges if applicable, provided you have ordered a technical support offering that includes software updates for such licenses for the relevant time period. Updates do not include any release, option or future program that Oracle licenses separately. Updates are provided when available (as determined by Oracle) and may not include all versions previously available for a program acquired by Oracle. Oracle is under no obligation to develop any future programs or functionality. Any updates made available will be delivered to you, or made available to you for download. If delivered, you will receive one update copy for each supported operating system for which your program licenses were ordered. You shall be responsible for copying, downloading and installing the updates. Right to Desupport It may become necessary as a part of Oracle's product lifecycle to desupport certain program releases and, therefore, Oracle reserves that right. However, program releases that are expressly identified within Oracle’s Lifetime Support policy will be governed by the terms of the Lifetime Support Policy. Desupport information is subject to change.

First and Second Line Support You are required to establish and maintain the organization and processes to provide “First Line Support” for the supported programs directly to your users. First Line Support shall include but not be limited to (i) a direct response to users with respect to inquiries concerning the performance, functionality or operation of the supported programs, (ii) a direct response to users with respect to problems or issues with the supported programs, (iii) a diagnosis of problems or issues of the supported programs, and (iv) a resolution of problems or issues of the supported programs.


If after reasonable commercial efforts you are unable to diagnose or resolve problems or issues for the supported programs, you may contact Oracle for “Second Line Support”. You shall use commercially reasonable efforts to provide Oracle with the necessary access (e.g., access to repository files, log files, or database extracts) required to provide Second Line Support. Second Line Support shall consist of (i) a diagnosis of problems or issues of the supported programs and (ii) reasonable commercial efforts to resolve reported and verifiable errors in supported programs so that such supported programs perform in all material respects as described in the associated documentation. Oracle may review service requests logged by your technical contacts, and may recommend specific organization and process changes to assist you with the above recommended standard practices.

Third Party Vendor-Specific Support Terms You must remain on a supported environment – including applications and platforms – to receive technical support. If a vendor retires support for its product, you may be required to upgrade to a current certified and supported product, application, hardware platform, framework, database, and/or operating system configuration to continue receiving technical support services from Oracle.

Technical Support for Development, Demonstration and End User Licenses Technical support for Development and/or Demonstration licenses is provided through your membership in the Oracle PartnerNetwork. Before you may provide technical support for a program you have licensed to an end user you must, in addition to the technical support you may receive for Development and/or Demonstration licenses, acquire technical support for such program from Oracle and continuously maintain it for as long as you provide support to the end user.

3. Lifetime Support Lifetime Support consists of the following service levels:

Premier Support (also referred to as, and will be documented on your order as, “Software Update License & Support” or “Oracle Communications Network Software Premier Support”)

Extended Support (if offered)

Sustaining Support A description of the services available under Premier Support, Extended Support and Sustaining Support is included in the Oracle Technical Support Levels section below. When offered and except as noted below, Premier Support will be available for five years from the date a release of the Oracle program becomes generally available. If offered, support may be extended for an additional three years with Extended Support for specific releases. Except as noted below, in addition to the technical support fee, an Extended Support fee applies for each support period for which Extended Support is purchased. Alternatively, and if offered, support may be extended with Sustaining Support, which will be available for as long as you maintain technical support for your Oracle program licenses. For specific programs that are, or will be covered by the Lifetime Support Policy, service levels offered, and timeframes refer to the following:

For server technology programs view “Lifetime Support Policy: Coverage for Technology Products” (PDF)

For fusion middleware programs view “Lifetime Support Policy: Coverage for Fusion

Middleware” (PDF) For application programs view “Lifetime Support Policy: Coverage for Applications” (PDF)

For retail application programs view “Lifetime Support Policy: Coverage for Retail Applications” (PDF)

http://www.oracle.com/us/support/library/lsp-tech-chart-069290.pdf

http://www.oracle.com/us/support/library/lsp-tech-chart-069290.pdf

http://www.oracle.com/us/support/library/lsp-middleware-chart-069287.pdf

http://www.oracle.com/us/support/library/lsp-middleware-chart-069287.pdf

http://www.oracle.com/us/support/library/lsp-apps-chart-069285.pdf

http://www.oracle.com/us/support/library/lsp-retail-chart-069288.pdf


For Sun software and operating system products view “Lifetime Support Policy: Coverage for Sun Software and Operating System Products” (PDF)

For Oracle Linux program releases view “Lifetime Support Policy: Coverage for Oracle Linux and Oracle VM” (PDF)

For OFSS programs view “Lifetime Support Policy: Coverage for Oracle Financial Services Software” (PDF)

Exceptions - For customers with a current support contract running:

1. PeopleTools. The PeopleTools program, provided in conjunction with a PeopleSoft application program

release, will be supported for as long as such application program release is supported. Patches and platform certifications for a PeopleTools minor release will be provided until 12 months after the next minor release is made generally available or Oracle announces that no future releases will be made; critical patch updates for a PeopleTools minor release may be provided for up to 24 months after the next minor release is made generally available.

You must apply PeopleTools minor releases in order to continue to receive Premier or Extended Support, if offered, for a PeopleSoft application program release. You may be required to apply PeopleTools minor releases to remain current with versions of third party technologies and products as supported by the provider of the third party product.

PeopleSoft application maintenance, which includes but is not limited to: images, patches, bundles, and maintenance packs, may require an upgrade to a newer version of PeopleTools.

Oracle reserves the right to make changes to the third party products included in the PeopleTools program release which includes but is not limited to: (i) requiring newer versions of the third party products, (ii) changing the way in which third party products are packaged and distributed and (iii) replacing or remediating one or more third party products.

2. Oracle Database 11gR2: The Extended Support fee has been waived for the period of February 2015 -

May 2017. During this period, you will receive Extended Support during these periods as described in the Oracle Technical Support Levels section below.

3. Oracle Database 10gR2: Except as otherwise specified in the table below, Extended Support will be

made available at Oracle’s then current Extended Support pricing from: August 2013 – July 2015. Extended Support for Oracle Database 10gR2 will be limited to Severity 1 fixes only; critical patch updates will not be made available. For customers running Oracle Database 10gR2 on:

Platform

Fujitsu BS2000 The Extended Support fee will be waived from August 2010 – July 2014.

HP OpenVMS on Itanium

The Extended Support fee will be waived from August 2010 – July 2016. For the period of August 2016 – July 2017, Extended Support will continue to be available but will be at then-current Extended Support fees. During this period, Extended Support will be limited to Severity 1 fixes only; critical patch updates will not be made available.

IBM z/OS After July 2013, Extended Support will continue to be available at Oracle’s then-current Extended Support fees. Extended Support will be limited to Severity 1 fixes only; critical patch updates will not be made available.

Linux Itanium and Windows Itanium

For the period of August 2013 – December 2015, Extended Support will continue to be available but will be at then-current

http://www.oracle.com/us/support/library/lsp-coverage-sun-software-309122.pdf

http://www.oracle.com/us/support/library/lsp-coverage-sun-software-309122.pdf

http://www.oracle.com/us/support/library/elsp-lifetime-069338.pdf

http://www.oracle.com/us/support/library/elsp-lifetime-069338.pdf

http://www.oracle.com/us/support/library/lsp-financial-chart-069286.pdf

http://www.oracle.com/us/support/library/lsp-financial-chart-069286.pdf


Extended Support fees. During this period, Extended Support will be limited to Severity 1 fixes only; critical patch updates will not be made available.

4. HP-UX and Itanium-2 Processor: The following Extended Support exceptions apply to those customers

running the supported Oracle program releases on certified OS versions of the HP-UX on the Itanium-2 processor based platform:

Oracle Program Release

Oracle Database 10gR2

Extended Support will be available, at Oracle’s then-current Extended Support fees, through December 2015. For the period of August 2013 – December 2015, Extended Support will be limited to Severity 1 fixes only; critical patch updates will not be made available.

Oracle Database 11gR1

Extended Support will be available, at Oracle’s then-current Extended Support fees, through December 2015. For the period of September 2015 – December 2015, Extended Support will be limited to Severity 1 fixes only; critical patch updates will not be made available.

WebLogic Server 9.2

Extended Support will be available, at Oracle’s then-current Extended Support fees, through December 2015. For the period of December 2013 - December 2015, Extended Support will be limited to Severity 1 fixes only; critical patch updates will not be made available.

Tuxedo 9.1 Extended Support will be available, at Oracle’s then-current Extended Support fees, through December 2015. For the period of July 2014 - December 2015, Extended Support will be limited to Severity 1 fixes only; critical patch updates will not be made available.

5. Oracle e-Business Suite:

a) Oracle e-Business Suite Extended Support: The Extended Support fee has been waived for

the Oracle program releases and periods stated below.

Oracle Program Release The Extended Support Fee will be waived from:

Oracle e-Business Suite 12.1 January 2017 – December 2019

b) Oracle e-Business Suite 11.5.10 Sustaining Support: For Sustaining Support for Oracle e-

Business Suite 11.5.10, provided from December 2013 – December 2015, Oracle will continue to provide: Severity 1 fixes, critical patch updates and United States Tax Form 1099 updates for the 2013, 2014 and 2015 tax years. During this period, payroll regulatory tax updates will only be provided for the countries and tax years specified below.

Country 2013 Tax Year 2014 Tax Year

United States and Canada

January 1, 2013 – December 31, 2013


United Kingdom N/A April 6, 2013 – April 5, 2014

Australia N/A July 1, 2013 – June 30, 2014


6. PeopleSoft Enterprise 9.0 and PeopleSoft Enterprise 9.1: The Extended Support fee will be waived for the entire Extended Support period.

7. JD Edwards EnterpriseOne and JD Edwards World:

a. JD Edwards EnterpriseOne 9.0, JD Edwards EnterpriseOne 9.0 Update 2 (i.e., 9.0.2) and/or JD Edwards EnterpriseOne 9.1 releases: The Extended Support fee will be waived for the entire Extended Support Period. Please review the Lifetime Support policy for Extended Support timeframes.

b. JD Edwards World A9.2, JD Edwards World A9.2.1, and/or JD Edwards World A9.3: The Extended Support fee will be waived for the entire Extended Support period. Please review the Lifetime Support policy for Extended Support timeframes.

8. Oracle Portal 11gR1 and Oracle Discoverer 11gR1 (Oracle Fusion Middleware): The Extended Support fee will be waived from July 2014 – June 2015.

9. Oracle Exadata Storage Server Software 11.2 (program releases 11.2.3.2.2 and above): The Extended Support fee will be waived from October 2014 – September 2015.

10. Java SE 6: The Extended Support fee will be waived from January 2016 – December 2018.

11. Oracle Database Standard Edition 2: Customers with a current support contract for Oracle Database

Standard Edition 2 will continue to receive technical support for previously licensed Oracle Database Standard Edition or Oracle Database Standard Edition One program releases. License restrictions are as specified in the license definitions and rules of the Oracle Database Standard Edition 2 order.

12. Oracle Enterprise Manager Cloud Control 12.1: The Extended Support fee will be waived from

November 2016 – October 2017.

13. Governance, Risk and Compliance Programs: For Sustaining Support for the Governance, Risk and

Compliance program releases specified below, Oracle will continue to provide Severity 1 fixes through May 2018.

Program Program Release

Application Access Controls Governor 8.x

Configuration Controls Governor 5.x

Enterprise Governance, Risk, and Compliance Manager

8.x

Enterprise Transaction Controls Governor 8.x

Fusion Governance, Risk, and Compliance Intelligence

3.x

Preventive Controls Governor 7.x


4. Oracle Technical Support Levels Software Update License & Support Program releases in the Premier Support phase of Oracle’s product support lifecycle will receive Software Update License & Support. Software Update License & Support consists of:

Program updates, fixes, security alerts and critical patch updates

Tax, legal and regulatory updates (availability may vary by country and/or program)

Upgrade scripts (availability may vary by program)

Certification with most new third-party products/versions (availability may vary by program)

Major product and technology releases, if and when made available at Oracle’s discretion, which may include general maintenance releases, selected functionality releases and documentation updates

Assistance with service requests 24 hours per day, 7 days a week, except as otherwise stated in note 1 below for MICROS Systems

Access to the customer support systems specified in the Web-Based Customer Support Systems section below (24 x 7 web-based customer support systems), including the ability to log service requests online, unless stated otherwise

Current licensees of MySQL Classic Edition Annual Subscription, MySQL Cluster Carrier Grade Edition Annual Subscription, MySQL Enterprise Edition Annual Subscription or MySQL Standard Edition Annual Subscription (“MySQL Subscription”), may receive Software Update License & Support (SULS) for MySQL Community Edition,* except that SULS for MySQL Community Edition does not include Updates of any kind. MySQL Community Edition may not contain all of the features and functionality of the programs contained in the MySQL Subscription. (*Community Edition refers to MySQL licensed under the GPL license.)

For Oracle VM VirtualBox Enterprise, Software Update License & Support (SULS) is limited to the platforms specified here. SULS is not available for Oracle VM VirtualBox Enterprise features noted as experimental; such features are specified in the Oracle VM VirtualBox User Manual located here

Access to Platinum Services as described at http://www.oracle.com/us/support/library/platinum-services-policies-1652886.pdf

Until July 1, 2016, remote program updates and patch installation assistance for DIVA programs during normal business hours

Non-technical customer service during normal business hours

Notes: 1. For MICROS Systems programs in EMEA (Austria, Belgium, Denmark, Finland, France, Germany,

Hungary, Ireland, Israel, Italy, Luxembourg, Netherlands, Norway, Poland Portugal, Spain, Sweden, Switzerland and United Kingdom) and JAPAC (Australia, Cambodia, China, Guam, Hong Kong, India, Japan, Korea, Laos, Macau, Malaysia, Maldives, Myanmar, New Zealand, Philippines, Singapore, Sri-Lanka, Taiwan, Thailand and Vietnam), the following apply: (i) assistance with service requests will be provided during normal business hours and (ii) the ability to log service requests is as specified in the following link: http://www.oracle.com/us/corporate/acquisitions/micros/support/index.html

Software Update License & Support for the Audit Vault and Database Firewall program (formerly the Database Firewall and Database Firewall Management Server programs) consists of:

The Software Update License & Support described above

24x7 access to Oracle Unbreakable Linux Network

Hardware Certification1

Backport of fixes, using commercially reasonable efforts, for any Oracle Linux program released from Oracle for a period of six (6) months from the date the next release of the Oracle Linux program becomes generally available; the Backport Schedule is available at http://linux.oracle.com/backport-schedule.html

Notes:

1. Hardware certification will be provided for the first six (6) years from the data a release of the Oracle Linux program becomes generally available. After six (6) years, hardware certification may be

http://www.oracle.com/technetwork/server-storage/virtualbox/support/index.html

http://www.oracle.com/technetwork/server-storage/virtualbox/documentation/index.html

http://www.oracle.com/us/support/library/platinum-services-policies-1652886.pdf

http://www.oracle.com/us/corporate/acquisitions/micros/support/index.html

http://linux.oracle.com/backport-schedule.html


provided at Oracle’s sole discretion; however Oracle is under no obligation to provide such hardware certification.

Limited Software Update License & Support is available for the Phase Forward programs (i.e., Clinical Development Center, Clintrial, Empirica (Gateway, Signal,Trace), InForm, and LabPas). The limited Software Update License & Support consists of:


Assistance with service requests during normal business hours

Ability to log service requests as specified in the following link: http://www.oracle.com/us/support/contact/health-sciences-license-support/index.html


Extended Support Extended Support may be available for certain Oracle program releases after Premier Support expires. When Extended Support is offered, it is generally available for three years following the expiration of Premier Support and only for the terminal patchset release of a program. Unless otherwise stated in this section, supported program releases eligible for Extended Support will receive Software Update License & Support limited to the following:

Program updates, fixes, security alerts, and critical patch updates

Tax, legal and regulatory updates (availability may vary by country and/or program)

Upgrade scripts (availability may vary by program)

Major product and technology releases, if and when made available at Oracle’s discretion, which may include general maintenance releases, selected functionality releases and documentation updates

Assistance with service requests 24 hours per day, 7 days per week, except as otherwise stated in note 1 below for MICROS Systems


Access to Platinum Services as described at http://www.oracle.com/us/support/library/platinum-services-policies-1652886.pdf




Extended Support does not include:

Certification with new third party products/versions Extended Support for Java SE - Java SE program releases eligible for Extended Support will receive Java SE Support limited to the following:

Bug fixes, security fixes and minor updates

Upgrade tools

Assistance with service requests 24 hours per day, 7 days a week

Access to My Oracle Support (24 x 7 web-based customer support systems), including the ability to log service requests online


Extended Support for Oracle Linux - Extended Support is not available for the Oracle Linux programs.

http://www.oracle.com/us/support/contact/health-sciences-license-support/index.html

http://www.oracle.com/us/support/library/platinum-services-policies-1652886.pdf



Sustaining Support Sustaining Support will be available after Premier Support expires. As program releases under Sustaining Support are no longer fully supported, information and skills regarding those releases may be limited. The availability of hardware systems to run such program releases may also be limited. Unless otherwise stated in this section, program releases eligible for Sustaining Support will receive Software Update License & Support limited to the following:

Program updates, fixes, security alerts, and critical patch updates created during Premier Support and Extended Support (if offered and only after the Extended Support period ends)

Tax, legal, and regulatory updates (availability may vary by country and/or program) created during Premier Support and Extended Support (if offered and only after the Extended Support Period ends)

Upgrade scripts (availability may vary by program) created during Premier Support and Extended Support (if offered and only after the Extended Support Period ends)

Major product and technology releases, if and when made available at Oracle’s discretion, which may include general maintenance releases, selected functionality releases, and documentation updates

Assistance with service requests, on a commercially reasonable basis, 24 hours per day, 7 days a week, except as otherwise stated in note 1 below for MICROS Systems





Sustaining Support does not include:

New program updates, fixes, security alerts, and critical patch updates

New tax, legal, and regulatory updates

New upgrade scripts

Certification with new third party products/versions

24 hour commitment and response guidelines for Severity 1 service requests as defined in the Severity Level section below

Previously released fixes or updates that Oracle no longer supports Sustaining Support for Oracle Linux - Oracle Linux program releases eligible for Sustaining Support will receive Software Update License & Support limited to the following:


24x7 access to Oracle Unbreakable Linux Network

Access to patches, fixes, and security alerts created during the Premier Support period

Sustaining Support for the Oracle Linux programs does not include:

Access to new patches, fixes, and security alerts


Hardware certification

Backport of fixes



Sustaining Support for Java SE - Java SE program releases eligible for Sustaining Support will receive Java SE Support limited to the following:

Minor updates and bug and security fixes created during Premier Support and Extended Support (if offered and only after the Extended Support Period ends)

Upgrade tools created during Premier Support and Extended Support (if offered and only after the Extended Support Period ends)

Assistance with service requests, on a commercially reasonable basis, 24 hours per day, 7 days per week



Sustaining Support for the Java SE program releases does not include:

New minor updates and bug and security fixes

New upgrade tools


Previously released fixes or updates that Oracle no longer supports Sustaining Support for Nimbula – Nimbula program releases eligible for Sustaining Support will receive Software Update License & Support limited to the following:

Access to existing program updates and fixes only (i.e., new program updates and fixes will not be provided)

Assistance with service requests during normal business hours.

Ability to log service requests via the following email: [email protected]


Sustaining Support for the Nimbula program releases does not include:

Access to new program updates and fixes


Oracle Communications Network Software Premier & Sustaining Support Oracle Communications Network Software Premier Support is available for the following program categories (collectively “Oracle Communications Network Software”): Oracle Communications EAGLE, Oracle Communications Performance Intelligence Center, Oracle Communications Diameter Signaling Router, Oracle Communications Policy Management and Oracle Communications Subscriber Data Management. Oracle Communications Network Software Premier Support consists of:


Certification with most new third-party products/versions (availability may vary by program)

Remote installation of Oracle Communications Network Software




For Oracle Communications Network Software Premier Support only, reasonable efforts will be made to respond to service requests per the Response Times set forth in the guidelines below; however, Oracle’s failure to adhere to the times stated will not constitute a breach by Oracle. The guidelines are for informational purposes only and subject to change at Oracle’s discretion.

mailto:[email protected]


Severity Level

Response Time1 Remote Restoration Time

1 Resolution Time

1

Severity 1 15 minutes 6 hours 30 calendar days

Severity 2 15 minutes 48 hours 30 calendar days

Severity 3 N/A N/A 180 calendar days

1. For purposes of the above table, the following definitions apply:

Response Time - The elapsed time beginning when you create a service request until Oracle first responds to you.

Remote Restoration Time - The elapsed time beginning when Oracle achieves remote access to the applicable program and when Oracle notifies you that a solution has been offered. The Remote Restoration Time frames do not apply if program code changes are required.

Resolution Time - The elapsed time beginning when you create a service request to when your issue is resolved.

Certain Oracle Communications Network Software program releases may be eligible to receive Oracle Communications Network Software Sustaining Support. Oracle Communications Network Software Sustaining Support consists of:

Program Updates

Fixes and security alerts created during the Premier Support period



Non-technical customer service during normal business hours Sustaining Support for the Oracle Communications Network Software program releases does not include:

New fixes and security alerts

Remote installation of Oracle Communications Network Software

Certification with new third party products/versions

Response Times identified above

5. Additional Support Services Available for Purchase

Incident Server Support Package Incident Server Support provides web-based technical support on a per server basis in packages of 10 service requests to be used within a 12 month period. Any unused service requests at the end of the support period shall expire. Incident Server Support for a program may be acquired with the initial program license purchase and, if acquired with such purchase, may be renewed for subsequent support periods for as long as Premier Support is available for your Oracle program license. If you want to obtain Software Update License & Support, it will be subject to Oracle's reinstatement policies in effect at the time Software Update License & Support is acquired. Incident Server Support is available for the following across all platforms:

Oracle Database Incident Server Support Package: Oracle Database Enterprise Edition, Oracle Database Standard Edition, Oracle Database Standard Edition One, Partitioning, and Real Application Clusters

Oracle Application Incident Server Support Package: Internet Application Server Enterprise Edition Internet Application Server Standard Edition, and Internet Application Server Java Edition

Incident Server Support consists of:

10 service requests

Access to My Oracle Support (24x7 web-based technical support system), including the ability to log service requests online

Access to downloadable software patches and patchsets


Service requests requiring resolution of a program bug will not be counted against your overall service request total. Your access to Incident Server Support services, including My Oracle Support, ends on the earlier of (i) expiration of the support period; or (ii) resolution of your final service request. The Incident Server Support Packages do not include updates and may not be used, purchased, or sold in conjunction with any other support offering. If you renew Incident Server Support Package, your renewal fee for such services will be based on Oracle’s Incident Server Support Package pricing policies in effect at the time of renewal. Contractual caps on technical support fees do not apply to these services, unless expressly stated otherwise in the applicable order. Incident Server Support Package is not subject to the Reinstatement of Oracle Technical Support section above.

Oracle Java Development Tools Support Oracle Java Development Tools Support is available for the following programs: Sun NetBeans, Oracle Enterprise Pack for Eclipse, and Oracle JDeveloper (downloaded from the Oracle Technology Network after June 28, 2005). If you acquire Oracle Java Development Tools Support, you will receive support for all of the programs included above. Oracle Java Development Tools Support consists of:

Access to patches and fixes


Access to My Oracle Support (24 x 7 web-based technical support system), including the ability to log service requests online


Oracle Java Development Tools Support does not include upgrades to new program releases. Contractual caps on technical support fees do not apply to these services, unless expressly stated otherwise in the applicable order.

Oracle Solaris Development Tools Support Oracle Solaris Development Tools Support is available for the following programs: Oracle Solaris Studio and Oracle Solaris Studio Express. If you acquire Oracle Solaris Development Tools Support, you will receive support for all of the programs included above. Oracle Solaris Development Tools Support consists of:





Oracle Solaris Development Tools Support does not include upgrades to new program releases or access to Oracle Solaris updates, fixes or patches. Contractual caps on technical support fees do not apply to these services, unless expressly stated otherwise in the applicable order.

Oracle Application Development Framework Essentials Support Oracle Application Development Framework Essentials Support is available for Oracle Application Development Framework (ADF) Essentials program releases. Oracle Application Development Framework Essentials Support consists of:






Oracle Application Development Framework Essentials Support does not include upgrades to new program releases. Contractual caps on technical support fees do not apply to these services, unless expressly stated otherwise in the applicable order.

Java SE Support and Java SE Support for Independent Software Vendors Java SE Support and Java SE Support for Independent Software Vendors (“ISVs”) are available for Java SE program releases. Java SE Support and Java SE Support for ISVs consist of:


Upgrade tools

Assistance with service requests 24 hours per day, 7 days per week



If you acquire Java SE Support or Java SE Support for ISVs, the services described above are in support of licenses you acquired separately. Bug fixes, security fixes and any updates received as part of the services described above shall be provided under the terms of the appropriate license agreement that you accepted upon downloading and/or installing the Java SE program. Contractual caps on technical support fees do not apply to these services, unless expressly stated otherwise in the applicable order.

Oracle Java Embedded Development Support and Oracle Java Embedded Suite Development Support Oracle Java Embedded Development Support is available for Oracle Java SE Embedded or Oracle Java ME Embedded program releases per Standard Binary. Oracle Java Embedded Suite Development Support is available for the Oracle Java Embedded Suite. Both Oracle Java Embedded Development Support and Oracle Java Embedded Suite Development Support consist of:


Upgrade tools

Assistance with service requests 24 hours per day, 7 days per week



If you acquire Oracle Java Embedded Development Support or Oracle Java Embedded Suite Development Support, the services described above are in support of licenses you acquired separately. Bug fixes, security fixes and any updates received as part of the services described above shall be provided under the terms of the appropriate license agreement that you accepted upon downloading and/or installing the Oracle Java SE Embedded, Oracle Java ME Embedded programs or Oracle Java Embedded Suite. Contractual caps on technical support fees do not apply to these services, unless expressly stated otherwise in the applicable order.

NoSQL Database Community Edition Support NoSQL Database Community Edition Support is available for NoSQL Database Community Edition program releases. NoSQL Database Community Edition Support consists of:





NoSQL Database Community Edition Support does not include upgrades to new program releases. Contractual caps on technical support fees do not apply to these services, unless expressly stated otherwise in the applicable order.


Service Request Packages Service Request Packages are made available to members of the Oracle Partner Network. Service Request Packages provide web-based technical support in packages of 10 or 25 service requests, do not include updates, and are not available for all programs. Please contact your at http://partner.oracle.com for program availability. Service Request Packages are valid for one year from the date of purchase. Any unused service request(s) will expire at the earlier of (i) the end of such year, or (ii) the end of your OPN membership term if such membership is not renewed. Access to log service requests will be restricted at the same time the final service request is resolved.

Oracle Priority Support If you acquire Oracle Priority Support on your order, Oracle will provide Oracle Priority Support as described here.

Oracle Priority Support Advantage If you acquire Oracle Priority Support Advantage on your order, Oracle will provide Oracle Priority Support Advantage as described here.

Oracle Functional Help Desk for Oracle Retail and Hospitality If you acquire Oracle Functional Help Desk for Oracle Retail and Hospitality on your order, Oracle will provide Oracle Functional Help Desk for Oracle Retail and Hospitality as described here.

North American Payroll Tax Updates North American Payroll Tax Updates is available for the Peoplesoft HRMS Payroll for North America program releases specified in the North American Payroll Tax Updates Service Availability Matrix below. If you purchase these services, you will receive one (1) calendar year of tax updates for the applicable Peoplesoft HRMS Payroll for North America program release, including tax updates for that calendar year made available in January of the following calendar year. North American Payroll Tax Updates is only available in the following countries: United States, Canada and Puerto Rico. The following North American Payroll Tax Updates Service Availability Matrix describes the service availability and time frames.

North American Payroll Tax Updates Service Availability Matrix

Peoplesoft HRMS Payroll for North American Program Releases

Availability

8.8 January 1, 2012 – December 31, 2018

8.9 January 1, 2013 – December 31, 2017

9.0 July 1, 2015 – December 31, 2017

In order to acquire North American Payroll Tax Updates, your licensed Peoplesoft HRMS Payroll for North American program must be currently supported with Software Update License & Support. North American Payroll Tax Updates will be delivered through My Oracle Support. Contractual caps on technical support fees do not apply to these services, unless expressly stated otherwise in the applicable order. North American Payroll Tax Updates is not subject to the Reinstatement policies stated above.

Severity 1 Fixes and Financials Legislative Updates for Oracle E-Business Suite Severity 1 Fixes and Financials Legislative Updates for Oracle E-Business Suite is available for the Oracle E-Business Suite releases specified in the Severity 1 Fixes and Financial Legislative Updates for Oracle E-Business Suite Service Availability Matrix below. If you purchase these services, you will receive one (1) calendar year of Severity 1 fixes for the applicable Oracle E-Business Suite release and/or one (1) United States (“US”) Federal Government fiscal year of financials legislative updates. In order to acquire Severity 1 Fixes and Financials Legislative Updates for Oracle E-Business Suite, your licensed Oracle E-Business Suite must be currently supported with Software Update License & Support.

http://partner.oracle.com/

http://www.oracle.com/us/corporate/contracts/priority-support-2332207.pdf

http://www.oracle.com/us/corporate/contracts/priority-support-advantange-2769101.pdf

http://www.oracle.com/us/corporate/contracts/functional-help-desk-2769476.pdf


The Severity 1 Fixes and Financials Legislative Updates for Oracle E-Business Suite service consists of the following components that can be purchased separately: Tier 1, Tier 2, Tier 3, Single Country and US Federal Government. Tier 1, Tier 2 and Tier 3 consist of services for more than one country. Single Country consists of services for an individual country. US Federal Government consists of services for the US Federal Government. Please see the Severity 1 Fixes and Financials Legislative Updates for Oracle E-Business Suite Service Availability Matrix below for service availability and time frames. The components are as follows: Tier 1 - Tier 1 consists of: Severity 1 fixes, critical patch updates and United States Tax Form 1099 updates for the applicable tax year(s). For the Oracle E-Business Suite 11.5.10 release, Tier 1 is currently available through December 31, 2015 at no additional fee under Sustaining Support to customers currently supported with Software Update License & Support; thereafter the fee will be based upon the then-current Tier 1 fee. Please see the Lifetime Support section above for additional information. For the Oracle E-Business Suite release 12.0.6, the fee will be based upon the then-current Tier 1 fee. Tier 2 - Tier 2 consists of: Severity 1 fixes, critical patch updates, United States Tax Form 1099 updates for the applicable tax year(s), and financials legislative updates for the following countries: United States, Canada, Mexico, United Kingdom, France, Italy, Netherlands, Germany, Switzerland, South Africa, Spain, Saudi Arabia, United Arab Emirates, Bahrain, Kuwait, Australia, Japan, China, and South Korea. If you purchase Tier 2, your fee for such services will be based on the then-current Tier 2 fee. Tier 3 - Tier 3 consists of: Severity 1 fixes, critical patch updates, United States Tax Form 1099 updates for the applicable tax year(s), and financials legislative updates for the following countries: United States, Canada, Mexico, United Kingdom, France, Italy, Netherlands, Germany, Switzerland, South Africa, Spain, Saudi Arabia, United Arab Emirates, Bahrain, Kuwait, Australia, Japan, China, South Korea, and additional countries as specified on My Oracle Support (i.e., Financials Legislative Updates for Oracle E-Business Suite 11.5.10 (Doc ID 1597513.1)). If you purchase Tier 3, your fee for such services will be based on the then-current Tier 3 fee. Single Country - Single country consists of: Financials legislative updates for the following countries: United States, Canada, Mexico, United Kingdom, France, Italy, Netherlands, Germany, Switzerland, South Africa, Spain, Saudi Arabia, United Arab Emirates, Bahrain, Kuwait, Australia, Japan, China, South Korea, Poland and Brazil. If you purchase the Single Country option, your fee for such services will be based on the then-current Single Country fee. US Federal Government - US Federal Government consists of: Financials legislative updates for the US Federal Government. If you purchase this service, you will receive financial legislative updates for the US Federal Government for one (1) US Federal Government fiscal year. If you purchase the US Federal Government option, your fee for such services will be based on the then-current US Federal Government fee. The following Severity 1 Fixes and Financials Legislative Updates for Oracle E-Business Suite Service Availability Matrix describes the service availability and time frames.

Severity 1 Fixes and Financials Legislative Updates for Oracle E-Business Suite Service Availability Matrix

Oracle E-Business Suite 11.5.10 cumulative update 2

Oracle E-Business Suite 12.0.6

Tier 1 December 1, 2013 – December 31, 2016* *Please see the Tier 1 description above for services provided through December 31, 2015

February 1, 2015 – December 31, 2015

Tier 2 December 1, 2013 – December 31, 2015

Not Available

https://support.oracle.com/CSP/ui/flash.html

https://mosemp.us.oracle.com/epmos/faces/DocumentDisplay?id=1597513.1



Tier 3 December 1, 2013 – December 31, 2015

Not Available

Single Country December 1, 2014 – December 31, 2015

Not Available

US Federal Government

October 1, 2015 – September 30, 2016

Not Available

Information on financials legislative updates and applicable countries is available on My Oracle Support (i.e., Financials Legislative Updates for Oracle E-Business Suite 11.5.10 (Doc ID 1597513.1) and E-Business Suite Releases – Support Policy FAQ (Doc ID 1494891.1)). Severity 1 Fixes and Financials Legislative Updates for Oracle E-Business Suite will be delivered through My Oracle Support. The following only applies to Oracle E-Business Suite 11.5.10:

Oracle will not provide financials legislative updates for Oracle E-Business Suite 11.5.10 any sooner or with any greater scope than what is made available under a subsequent release of Oracle E-Business Suite (e.g., Oracle E-Business Suite release 12 or higher).

Country-specific financials legislative updates (“localized updates”) provided under Tier 2, Tier 3, Single Country and US Federal Government will only be made available if such localized updates are also made available in a subsequent release of Oracle E-Business Suite. In the event localized updates are provided for additional countries in a subsequent release of Oracle E-Business Suite, such localized updates for the additional countries will not be provided for Oracle E-Business Suite 11.5.10.

Due to architectural or other changes between a subsequent release of Oracle E-Business Suite and Oracle E-Business Suite 11.5.10, Oracle may not provide all localized updates for Oracle E-Business Suite 11.5.10 that are made available in a subsequent release of Oracle E-Business Suite.

The prerequisite for these services is based on the current minimum prerequisite level as described on My Oracle Support in E-Business Suite 11.5.10 Minimum Patch Level and Extended Support Information Center (Doc ID 1199724.1) and Oracle E-Business Suite Error Correction Support Policy (Doc ID 11905034.1).

If you renew Severity 1 Fixes and Financials Legislative Updates for Oracle E-Business Suite, your renewal fee for such services will be based on the current pricing policies in effect at the time of renewal. Contractual caps on technical support fees do not apply to these services, unless expressly stated otherwise in the applicable order. Severity 1 Fixes and Financials Legislative Updates for Oracle E-Business Suite is not subject to the Reinstatement policies stated above.

Payroll Legislative Updates for Oracle E-Business Suite 11.5.10 Payroll Legislative Updates for Oracle E-Business Suite 11.5.10 is available for Oracle E-Business Suite release 11.5.10 cumulative update 2. Customers who acquire Payroll Legislative Updates for Oracle E-Business Suite 11.5.10 will receive one (1) tax year of payroll legislative updates for the Oracle E-Business Suite 11.5.10 release. In order to acquire Payroll Legislative Updates for Oracle E-Business Suite 11.5.10, your licensed Oracle E-Business Suite Payroll must be currently supported with Software Update License & Support. Payroll Legislative Updates for Oracle E-Business Suite 11.5.10 is available for the following countries and tax years:

Country 2014 Tax Year 2015 Tax Year 2016 Tax Year

Australia See note 1 below July 1, 2014 – June 30, 2015

Not Available

United Kingdom

See note 1 below April 6, 2014 – April 5, 2015 April 6, 2015 – April 5, 2016

United States See note 1 below January 1, 2015 – December 31, 2015


Canada See note 1 below January 1, 2015 – December 31, 2015

Not Available



https://mosemp.us.oracle.com/epmos/faces/DocumentDisplay?_afrLoop=487442058801694&id=1494891.1&_adf.ctrl-state=1ai27l5b8v_139

https://mosemp.us.oracle.com/epmos/faces/DocumentDisplay?_afrLoop=487442058801694&id=1494891.1&_adf.ctrl-state=1ai27l5b8v_139


https://support.oracle.com/epmos/faces/DocumentDisplay?_afrLoop=466427329927388&id=1199724.1&_adf.ctrl-state=153qileody_77





India April 1, 2013 – March 31, 2014 April 1, 2014 – March 31, 2015

Not Available

Japan January 1, 2014 – December 31, 2014 (includes limited updates for the 2013 tax year; see note 2 below)

Not Available Not Available

Mexico January 1, 2014 – December 31, 2014 (includes limited updates for the 2013 tax year; see note 2 below)


Republic of Ireland

January 1, 2014 – December 31, 2014 (includes limited updates for the 2013 tax year; see note 2 below)


Saudi Arabia January 1, 2014 – December 31, 2014 (includes limited updates for the 2013 tax year; see note 2 below)


Singapore January 1, 2014 – December 31, 2014 (includes limited updates for the 2013 tax year; see note 2 below)


Not Available

South Korea January 1, 2014 – December 31, 2014 (includes limited updates for the 2013 tax year; see note 2 below)


Notes:

1. For the specified countries and tax years noted above, payroll regulatory updates are provided under Sustaining Support to customers with a current support contract. Please see the Lifetime Support section above for additional information.

2. For the specified countries noted above, payroll regulatory updates provided by Oracle from December 1 – December 31, 2013 for the 2013 tax year are included as part of the Payroll Legislative Updates for Oracle E-Business Suite 11.5.10 service for the 2014 tax year.

Payroll Legislative Updates for Oracle E-Business Suite 11.5.10 will be delivered through My Oracle Support and will require the latest available HRMS R11i RUP (See My Oracle Support document Mandatory Family pack/Rollup patch (RUP) levels for Oracle Payroll (Doc ID 295406.1)). If you renew Payroll Legislative Updates for Oracle E-Business Suite 11.5.10, your renewal fee for such services will be based on the current pricing policies in effect at the time of renewal. Contractual caps on technical support fees do not apply to these services, unless expressly stated otherwise in the applicable order. Payroll Legislative Updates for Oracle E-Business Suite 11.5.10 is not subject to the Reinstatement policies stated above.

Financial and Payroll Legislative Updates for JD Edwards Financials and Payroll Legislative Updates for JD Edwards is available for JD Edwards EnterpriseOne program releases XE, 8.0 and 8.12 and JD Edwards World program releases A7.3, A8.1 and A9.1. If you purchase these services, you will receive one (1) calendar year of financials and payroll legislative updates and Severity 1 fixes for the applicable JD Edwards release. In order to acquire Financials and Payroll Legislative Updates for JD Edwards, your licensed JD Edwards EnterpriseOne and/or JD Edwards World program must be currently supported with Software Update License & Support. The Financials and Payroll Legislative Updates for JD Edwards service consists of the following components that can be purchased separately: Tier 1, Tier 2, Tier 3, Single Country Financial Legislative Updates and Single Country Payroll Legislative Updates. Tier 1, Tier 2 and Tier 3 consists of services for more than one country.





Single Country Financial Legislative Updates and Single Country Payroll Legislative Updates consist of services for an individual country. The components are as follows: Tier 1 - Tier 1 consists of: Severity 1 fixes, United States Tax Form 1099 updates for the applicable tax year(s), and payroll legislative and financials legislative updates for the applicable calendar year for the United States and Canada. If you purchase Tier 1, your fee for such services will be based on the then-current Tier 1 fee. Tier 2 - Tier 2 consists of: Severity 1 fixes, United States Tax Form 1099 updates for the applicable tax year(s) and payroll legislative and financials legislative updates for the applicable calendar year and for the countries and programs specified in the table below. If you purchase Tier 2, your fee for such services will be based on the then-current Tier 2 fee.

JD Edwards EnterpriseOne JD Edwards World

Payroll Legislative Updates

United States, Canada, Australia and New Zealand

United States, Canada

Financials Legislative Updates

United States, Canada, Mexico, Brazil, United Kingdom, Ireland, Japan, China, Colombia, Australia, New Zealand and India

United States, Canada, Mexico, Brazil, United Kingdom, Ireland, Japan and China

Tier 3 - Tier 3 consists of: Severity 1 fixes, United States Tax Form 1099 updates for the applicable tax year(s) and payroll legislative and financials legislative updates for the applicable calendar year and for the countries and programs specified in the table below. If you purchase Tier 3, your fee for such services will be based on the then-current Tier 3 fee.

JD Edwards EnterpriseOne JD Edwards World

Payroll legislative updates


United States, Canada

Financials legislative updates

United States, Canada, Mexico, Brazil, Argentina, United Kingdom, Ireland, Austria, Belgium, France, Germany, Italy, Netherlands, Russia, Spain, Switzerland, Japan, China, Colombia, Chile, Peru, Ecuador, Venezuela, Czech Republic, Denmark, Finland, Hungary, Norway, Poland, Sweden, Australia, India, South Korea, Singapore and Taiwan

United States, Canada, Mexico, Brazil, Argentina, United Kingdom, Ireland, Austria, Belgium, France, Germany, Italy, Netherlands, Russia, Spain, Switzerland, Japan and China

Single Country Financial Legislative Updates: Single Country Financial Legislative Updates consists of: Severity 1 fixes and financial legislative updates for the programs and countries specified in the table below. If you purchase Single Country Financial Legislative Updates, your fee for such service will be based on the then-current Single Country for Financial Legislative Updates fee.

Program Countries

JD Edwards EnterpriseOne

United States, Canada, Mexico, Brazil, United Kingdom, Ireland, Japan, China, Colombia, Australia, New Zealand and India

JD Edwards World United States, Mexico, Brazil, United Kingdom, Ireland, Japan and China

Single Country Payroll Legislative Updates: Single Country Payroll Legislative Updates consists of: payroll legislative updates for the programs and countries specified in the table below. If you purchase Single Country Payroll Legislative Updates, your fee for such service will be based on the then-current Single Country for Payroll Legislative Updates fee.


Program Countries

JD Edwards EnterpriseOne


JD Edwards World United States and Canada

Information on financials and payroll legislative updates for JD Edwards and applicable countries is available on My Oracle Support (i.e., JD Edwards EnterpriseOne Globalizations (Doc ID 752291.1) and JD Edwards World Globalizations (Doc ID 745085.1)). Financials and Payroll Legislative Updates for JD Edwards will be delivered through My Oracle Support. The following apply to the JD Edwards EnterpriseOne and JD Edwards World program releases for which Financials and Payroll Legislative Updates service is available:

Oracle will not provide financial and payroll legislative updates any sooner or with any greater scope than what is made available under a subsequent release of JD Edwards EnterpriseOne (i.e., JD Edwards EnterpriseOne 9.1 or higher) or JD Edwards World (i.e., JD Edwards World A9.3 or higher).

Country-specific financials legislative updates (“localized updates”) provided under Tier 2, Tier 3 and Single Country Financial Legislative Updates and Single Country Payroll Legislative Updates will only be made available if such localized updates are also made available in a subsequent release of JD Edwards EnterpriseOne or JD Edwards World. In the event localized updates are provided for additional countries in a subsequent release of JD Edwards EnterpriseOne or JD Edwards World, such localized updates for the additional countries will not be provided for the JD Edwards EnterpriseOne and JD Edwards World program releases included under the Financials and Payroll Legislative Updates service.

Due to architectural or other changes between a subsequent release of JD Edwards EnterpriseOne or JD Edwards World and the eligible program releases under the Financials and Payroll Legislative Updates for JD Edwards service, Oracle may not provide all localized updates that are made available in a subsequent release of JD Edwards EnterpriseOne or JD Edwards World.

If you renew Financials and Payroll Legislative Updates for JD Edwards, your renewal fee for such services will be based on the current pricing policies in effect at the time of renewal. Contractual caps on technical support fees do not apply to these services, unless expressly stated otherwise in the applicable order. Financials and Payroll Legislative Updates for JD Edwards is not subject to the Reinstatement policies stated above.

Severity 1 Fixes and United States Tax Form 1099 Updates for PeopleSoft HCM and FSCM Severity 1 Fixes and United States Tax Form 1099 Updates for PeopleSoft HCM and FSCM is available for the following programs: PeopleSoft Human Capital Management (HCM) release 9.0 and Financials and Supply Chain Management (FSCM) release 9.0 (“PeopleSoft Enterprise Applications”). Customers who acquire Severity 1 Fixes and United States Tax Form 1099 Updates for PeopleSoft HCM and FSCM will receive one (1) calendar year of Severity 1 fixes and United States Tax Form 1099 updates. In order to acquire this service, your licensed PeopleSoft Enterprise Applications must be currently supported with Software Update License & Support. Severity 1 Fixes and United States Tax Form 1099 Updates for PeopleSoft HCM and FSCM will be delivered through My Oracle Support. If you renew Severity 1 Fixes and United States Tax Form 1099 Updates for PeopleSoft HCM and FSCM, your renewal fee for such services will be based on the current pricing policies in effect at the time of renewal. Contractual caps on technical support fees do not apply to these services, unless expressly stated otherwise in the applicable order. Severity 1 Fixes and United States Tax Form 1099 Updates for PeopleSoft HCM and FSCM is not subject to the Reinstatement policies stated above.

Oracle Market-Driven Support for Oracle Database 10g Release 2 Oracle Market-Driven Support for Oracle Database 10g Release 2 is available for the Oracle Database Enterprise Edition Release 10.2.0.5. If you purchase Oracle Market-Driven Support for Oracle Database 10g Release 2, you will receive the following services for the number of production 10.2.0.5 databases identified in your order through July 31, 2016:


https://support.oracle.com/epmos/faces/DocumentDisplay?_afrLoop=240101586607543&id=752291.1&_afrWindowMode=0&_adf.ctrl-state=equ2lfp60_4

https://support.oracle.com/epmos/faces/DocumentDisplay?_afrLoop=295014163006808&id=745085.1&_afrWindowMode=0&_adf.ctrl-state=u6mhny89p_4

https://support.oracle.com/epmos/faces/DocumentDisplay?_afrLoop=295014163006808&id=745085.1&_afrWindowMode=0&_adf.ctrl-state=u6mhny89p_4


1. Oracle Market-Driven Support for Oracle Database 10g Release 2 will be limited to Severity 1 fixes and

critical patch update(s) (“CPU”). 2. A database upgrade planning workshop (“Workshop”) that includes:

a. One (1) remote presentation for up to four (4) hours, not to exceed thirty (30) attendees to provide advice and guidance on the creation of your upgrade plan from Oracle Database Enterprise Edition Release 10.2.0.5 to an Oracle Database Enterprise Edition Release that is covered by Software Update License & Support; and

b. After the conclusion of the Workshop, Oracle will provide telephone support (Monday through Friday, 9:00am to 5:00pm local time, excluding local holidays) to respond to questions and offer guidance regarding your upgrade plan for up to the number of hours identified in your order.

3. Access to Oracle’s Unlimited Learning Subscription (“ULS”) for up to five (5) Named Users. The ULS includes Training On Demand, Learning Streams and Cloud Learning Subscription access. More information on ULS can be found at http://education.oracle.com/us/terms/termspolicies030115.html

Your fee for Oracle Market-Driven Support for Oracle Database 10g Release 2 services will be based upon Oracle’s then current pricing in effect at the time of your order. In order to acquire Oracle Market-Driven Support for Oracle Database 10g Release 2 services, your licensed Oracle database(s) must be currently supported with Software Update License & Support. Severity 1 fixes and CPUs will be delivered through My Oracle Support. Oracle Market-Driven Support for Oracle Database 10g Release 2 services expire on July 31, 2016 and are not renewable. Contractual caps on technical support fees do not apply to these services, unless expressly stated otherwise in the applicable order. Oracle Market-Driven Support for Oracle Database 10g Release 2 services are not subject to the Reinstatement policies stated above.

Oracle Linux Support Services Oracle offers Oracle Linux support services to customers, regardless of whether or not they are using Oracle programs. For information about the available services, please refer to the Oracle Linux and Oracle VM Support Policies available at http://www.oracle.com/support/policies.html.

Oracle VM Support Services Oracle offers Oracle VM support services to customers, regardless of whether or not they are using Oracle programs. For information about the available services, please refer to the Oracle Linux and Oracle VM Support Policies available at http://www.oracle.com/support/policies.html.

Exadata Premier Support For information regarding renewals of Exadata Premier Support, please refer to the Exadata Technical Support Policies available at http://www.oracle.com/us/support/policies/index.html.

6. Web-Based Customer Support Systems My Oracle Support Access to My Oracle Support is governed by the Terms of Use posted on the My Oracle Support web site. The Terms of Use are subject to change and a copy of these terms is available upon request. Access to My Oracle Support is limited to your designated technical contacts. The following Oracle programs are not currently supported under My Oracle Support: Phase Forward (i.e., Clinical Development Center, Clintrial, Empirica (Gateway, Signal, Trace), InForm, and LabPas), Nimbula and MICROS Systems (except as otherwise stated below).

Clarify SelfService, MS CRM, Heat Portal and MICROS Self Service Customer Support Portal

http://education.oracle.com/us/terms/termspolicies030115.html

http://www.oracle.com/support/policies.html


http://www.oracle.com/us/support/policies/index.html


The following applies to MICROS Systems programs only. Access to the following MICROS Systems web-based customer support systems: Clarify SelfService, MS CRM, Heat Portal and MICROS Self Service Customer Support Portal are governed by the Terms of Use posted on the applicable MICROS Systems web site. The terms of Use are subject to change and a copy of these terms is available upon request. Access to the MICROS Systems web-based customer support systems is limited to your designated technical contacts. MICROS Systems programs supported by the MICROS United States and Canadian support teams (except US Cruise) has transitioned from Clarify SelfService, PTS, ZenDesk and Onyx to My Oracle Support.

Oracle Unbreakable Linux Network Access to the Oracle Unbreakable Linux Network is included with Software Update License & Support for the Audit Vault and Database Firewall program (formerly the Database Firewall and Database Firewall Management Server programs).

7. Tools Used to Perform Technical Support Services Oracle may make available collaboration tools (such as tools that enable Oracle, with your consent, to access your computer system (e.g., Oracle Web Conferencing)) and software tools (such as tools to assist in the collection and transmission of configuration data (e.g., Oracle Configuration Manager)) to assist with issue resolution. The tools are licensed under the My Oracle Support Terms of Use, and may be subject to additional terms provided with the tools. Some of the tools are designed to collect information concerning the configuration of your computer environment (“tools data”). The tools will not access, collect or store any personally identifiable information (except for technical support contact information) or business data files residing in your computer environment. By using the tools, you consent to the transmission of your tools data to Oracle for the purposes of providing reactive and proactive technical support services. In addition, the tools data may be used by Oracle to assist you in managing your Oracle product portfolio, for license and services compliance and to help Oracle improve upon product and service offerings. Some of the tools may be designed to connect automatically or on a periodic basis and you may not receive a separate notice upon connection. You are responsible for maintaining the telecom gateway through which the tools communicate tools data to Oracle. Use of the tools is voluntary; however, refusal to use the tools may impede Oracle’s ability to provide technical support services to you. Further details about some of the current tools Oracle uses to provide technical support services, the data collected, and how the data is used, are described in the Global Customer Support Security Practices and on My Oracle Support. You may also contact your Oracle sales representative or call your local Customer Support office for more details regarding the tools and availability. If Oracle expressly provides in the tools documentation, technical support policies, an order, or readme that a tool is provided under separate license terms ("Separate Terms") then the Separate Terms shall govern your access and use of the tool. Embedded third party software, or third party software, licensed under Separate Terms (for example Mozilla and LGPL) may be required to access or run the tools per the tools documentation or readme. Your rights to use a tool or software licensed under Separate Terms shall not be restricted or modified in any way by your agreement with Oracle.

8. Global Customer Support Security Practices Oracle is deeply committed to the security of its technical support services. In providing standard technical support services, Oracle will adhere to the Global Customer Support Security Practices, which are available at http://www.oracle.com/support/policies.html. The Global Customer Support Security Practices are subject to change at Oracle’s discretion; however, Oracle will not materially reduce the level of security specified in the Global Customer Support Security Practices during the period for which fees for technical support have been paid. To view changes that have been made, please refer to the attached Statement of Changes (PDF). Please note that global customer support services and systems are not designed to accommodate special security controls that may be required to store or process certain types of sensitive data. Please ensure that you do not submit any health, payment card or other sensitive data that requires protections greater than those


http://www.oracle.com/us/support/library/gcs-security-practices-soc-186190.pdf


specified in the Global Customer Support Security Practices. Information on how to remove sensitive data from your submission is available in My Oracle Support at

https://support.oracle.com/CSP/main/article?cmd=show&type=NOT&id=1227943.1. Notwithstanding the restriction above, if you are subject to the United States Health Insurance Portability and Accountability Act (HIPAA) and would like to submit protected health information (PHI) to Oracle as part of receiving technical support services, you must:

Execute a business associate agreement with Oracle that specifically references and covers your technical support services

Submit PHI only in service request attachments on the My Oracle Support customer portal

Not include PHI in the body of service requests

When prompted in My Oracle Support, indicate that the service request attachment may contain PHI

Disable automated file uploads that send files to Oracle as service request attachments

9. Severity Definitions Service requests for supported Oracle programs may be submitted by you online through Oracle’s web-based customer support systems or by telephone. The service request severity level is selected by you and Oracle and should be based on the severity definitions specified below. Severity 1* Your production use of the supported programs is stopped or so severely impacted that you cannot reasonably continue work. You experience a complete loss of service. The operation is mission critical to the business and the situation is an emergency. A Severity 1 service request has one or more of the following characteristics:

Data corrupted

A critical documented function is not available

System hangs indefinitely, causing unacceptable or indefinite delays for resources or response

System crashes, and crashes repeatedly after restart attempts Except as otherwise specified herein, reasonable efforts will be made to respond to Severity 1 service requests within one (1) hour. For MICROS Systems programs in JAPAC (Australia, Cambodia, China, Guam, Hong Kong, India, Japan, Korea, Laos, Macau, Malaysia, Maldives, Myanmar, New Zealand, Philippines, Singapore, Sri-Lanka, Taiwan, Thailand and Vietnam), reasonable efforts will be made to respond to Severity 1 service requests within two (2) business hours. For MICROS Systems programs in Austria, Belgium and Portugal, reasonable efforts will be made to respond to Severity 1 service requests within four (4) hours. For MICROS Systems programs in Denmark, Finland, France, Hungary, Ireland, Israel, Luxembourg, Norway, Poland, Sweden, Switzerland and United Kingdom, reasonable efforts will be made to respond to Severity 1 service requests within six (6) hours. For response efforts associated with Oracle Communications Network Software Premier Support, please see the Oracle Communications Network Premier & Sustaining Support section above. Except as otherwise specified, Oracle provides 24 hour support for Severity 1 service requests for supported programs (OSS will work 24x7 until the issue is resolved) when you remain actively engaged with OSS working toward resolution of your Severity 1 service request. You must provide OSS with a contact during this 24x7 period, either on site or by phone, to assist with data gathering, testing, and applying fixes. You are requested to propose this severity classification with great care, so that valid Severity 1 situations obtain the necessary resource allocation from Oracle. 24 hour commitment to Severity 1 service requests is not available for MICROS Systems programs in the following countries: Austria, Belgium, Denmark, Finland, France, Germany, Hungary, Ireland, Israel, Italy, Luxembourg, Netherlands, Norway, Poland Portugal, Spain, Sweden, Switzerland, United Kingdom, Australia, Cambodia, China, Guam, Hong Kong, India, Japan, Korea, Laos, Macau, Malaysia, Maldives, Myanmar, New Zealand, Philippines, Singapore, Sri-Lanka, Taiwan, Thailand and Vietnam. Severity 2*


https://support.oracle.com/CSP/main/article?cmd=show&type=NOT&id=1227943.1


You experience a severe loss of service. Important features are unavailable with no acceptable workaround; however, operations can continue in a restricted fashion. Severity 3* You experience a minor loss of service. The impact is an inconvenience, which may require a workaround to restore functionality Severity 4* You request information, an enhancement, or documentation clarification regarding your software but there is no impact on the operation of the software. You experience no loss of service. The result does not impede the operation of a system.

* For Phase Forward programs (i.e., Clinical Development Center, Clintrial, Empirica (Gateway, Signal, Trace),

InForm, and LabPas), the severity levels are denoted as P0, P1, P2 and P3 and correspond to the above as follows: P0= Severity 1; P1=Severity 2, P2=Severity 3 and P3=Severity 4.

10. Hyperion and Agile Specific Support Terms For orders placed pursuant to a Hyperion master agreement or to an Agile master agreement, the following terms apply with respect to the technical support services you have ordered. Warranties, Disclaimers, and Exclusive Remedies Oracle warrants that technical support services will be provided in a professional manner consistent with industry standards. You must notify Oracle of any technical support services warranty deficiencies within 90 days from performance of the defective technical support services. FOR ANY BREACH OF THE ABOVE WARRANTIES, YOUR EXCLUSIVE REMEDY, AND ORACLE’S ENTIRE LIABILITY, SHALL BE THE REPERFORMANCE OF THE DEFICIENT TECHNICAL SUPPORT SERVICES, OR IF ORACLE CANNOT SUBSTANTIALLY CORRECT A BREACH IN A COMMERCIALLY REASONABLE MANNER, YOU MAY END THE RELEVANT TECHNICAL SUPPORT SERVICES AND RECOVER THE FEES PAID TO ORACLE FOR THE DEFICIENT TECHNICAL SUPPORT SERVICES. TO THE EXTENT PERMITTED BY LAW, THESE WARRANTIES ARE EXCLUSIVE AND THERE ARE NO OTHER EXPRESS OR IMPLIED WARRANTIES OR CONDITIONS, INCLUDING WARRANTIES OR CONDITIONS OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. Limitation of Liability NEITHER PARTY SHALL BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES, OR ANY LOSS OF PROFITS, REVENUE, DATA, OR DATA USE. ORACLE’S MAXIMUM LIABILITY FOR ANY DAMAGES ARISING OUT OF OR RELATED TO YOUR ORDER, WHETHER IN CONTRACT OR TORT, OR OTHERWISE, SHALL BE LIMITED TO THE AMOUNT OF THE FEES YOU PAID ORACLE UNDER YOUR ORDER, AND IF SUCH DAMAGES RESULT FROM YOUR USE OF TECHNICAL SUPPORT SERVICES, SUCH LIABILITY SHALL BE LIMITED TO THE FEES YOU PAID ORACLE FOR THE DEFICIENT TECHNICAL SUPPORT SERVICES GIVING RISE TO THE LIABILITY. For orders placed pursuant to a Hyperion master agreement, the following terms also apply with respect to the technical support services you have ordered. Nondisclosure By virtue of your order, the parties may have access to information that is confidential to one another (“confidential information”). We each agree to disclose only information that is required for the performance of obligations under your order. Confidential information shall be limited to the terms and pricing under your order and all information clearly identified as confidential at the time of disclosure. A party’s confidential information shall not include information that: (a) is or becomes a part of the public domain through no act or omission of the other party; (b) was in the other party’s lawful possession prior to the disclosure


and had not been obtained by the other party either directly or indirectly from the disclosing party; (c) is lawfully disclosed to the other party by a third party without restriction on the disclosure; or (d) is independently developed by the other party. We each agree to hold each other’s confidential information in confidence for a period of three years from the date of disclosure. Also, we each agree to disclose confidential information only to those employees or agents who are required to protect it against unauthorized disclosure. Nothing shall prevent either party from disclosing the terms or pricing under your order in any legal proceeding arising from or in connection with your order or disclosing the confidential information to a federal or state governmental entity as required by law.

11. Contact Information Phone numbers and contact information can be found on Oracle’s support web site located here.

http://www.oracle.com/us/support/contact-068555.html

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25 Schedule 3: Service Level Agreement

Software Support Services (including first year and all subsequent years) are provided under the Contractor’s technical support policies in effect at the time the Software Support Services are provided. The technical support policies, incorporated in this order, are subject to change at the Contractor’s discretion; however, the Contractor will not materially reduce the level of Software Support Services provided for Licensed Software during the period for which fees for Software Support Services have been paid under this Order. The Customer may access the current version of the technical support policies at http://www.oracle.com/us/support/policies/index.html

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26 Schedule 4: Variation Procedures

1. Procedures

1.1 Each request or recommendation for a change to the PIPP or any part of the Customer Contract must be submitted in a form substantially similar to the Change Request form attached to this Schedule.

1.2 For each draft Change Request submitted:

(a) the Customer must allocate it with a sequential number;

(b) the draft Change Request must be logged and its progress documented by recording its status from time to time by the Contractor as follows:

(i) requested;

(ii) under evaluation;

(iii) awaiting authorisation;

(iv) cancelled;

(v) pending

(vi) approved/authorised;

(vii) expired;

(viii) in progress;

(ix) applied;

(x) delivered;

(xi) accepted.

1.3 The Party receiving the draft Change Request must within 5 Business Days of receipt (or such longer period set out in the Change Request):

(a) request further information;

(b) provide written notification to the other Party of its approval or rejection of the Change Request.

1.4 If the Customer submits a draft Change Request to the Contractor, and the Contractor believes that there is more than 1 Business Day’s work involved in the evaluation of the Change Request, then prior to commencing work on evaluating the draft Change Request the Contractor may request that the Customer pays for the work involved to evaluate the draft Change Request. The Customer may then either revise the draft Change Request to require less than 1 Business Day’s work to evaluate it, or agree to pay for the Contractor’s work to evaluate the Change Request in an amount agreed by the Parties, or in absence of agreement, at the Contractor’s then current commercial rates.

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27 1.5 If the Customer Contract has been entered into under a Head Agreement, and the Change

Request seeks to vary a Protected Clause and the Customer approves of the Change Request, the Customer must submit the Change Request to the Contract Authority and the Director General, NSW Department of Finance and Services, for approval immediately after it has notified the Contractor that it approves the Change Request.

2. Status

2.1 A Change Request is binding on the Parties only when both Parties have signed it. Once signed by both parties the Change Request updates the Customer Contract in accordance with the terms of the Change Request. The Contractor must not implement any draft Change Request until the Customer has signed the Change Request form.

3. Change Request Form

CHANGE REQUEST BRIEF DETAILS

Change Request Number Insert Change Request Number (supplied by the Customer)

Date of Change Request Insert date of draft Change Request

Originator of need for Change Request

Customer or Contractor

Proposed Implementation Date of Change

Insert proposed date of implementation

Date of expiry of validity of Change Request

Insert validity expiry date. The Change Request is invalid after this date.

Contractor’s estimated time and cost of evaluation

Insert estimated time and cost of evaluation

Amount agreed to be paid to the Contractor for evaluating the draft Change Request, if any

(This applies only if the Customer is the Party that originated the need for a Change Request; and the Contractor estimates the cost of evaluating and drafting the Change Request exceeds 2 Business Days)

Insert amount to be paid to the Contractor for evaluating the draft Change Request

CHANGE REQUEST HISTORY LOG

Change Request Version History

Date Issue Version Status/Reason for New Issue Author

Insert date Insert version Insert status/reason Insert author

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28 DETAILS OF CHANGE REQUEST

Summary

[Insert a summary of the changes, if required]

SCOPE

[Insert changes to the scope of Products to be provided and/or any Services, including any extensions to the Contract Period.]

EFFECT OF CHANGE ON CONTRACT SPECIFICATION

[Insert any changes to the Contract Specification]

EFFECT OF CHANGE ON PROJECT TIMETABLE

[Insert changes to the project timetable]

New PIPP (annexed)

[Annex new PIPP if required]

EFFECT OF CHANGE ON CHARGES AND TIMING OF PAYMENT

[Insert new charges and the timing of payment into the new PIPP]

CHANGES TO CSI

[Insert any changes to the CSI]

CHANGES TO CUSTOMER PERSONNEL

[Insert any changes to the Customer’s Personnel]

CHANGES TO CUSTOMER ASSISTANCE

[Insert any changes to the Customer’s Assistance]

PLAN FOR IMPLEMENTING THE CHANGE

[insert the plan for implementing the change – if any.]

THE RESPONSIBILITIES OF THE PARTIES FOR IMPLEMENTING THE CHANGE

[Insert the responsibilities of the respective Parties for implementing the change – if any.]

Responsibilities of the Contractor

[Insert the responsibilities of the Contractor for implementing the change – if any.]

Responsibilities of the Customer

[insert the responsibilities of the Customer for implementing the change – if any.]

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29 EFFECT ON ACCEPTANCE TESTING OF ANY DELIVERABLE

[Insert if there will be any effect on the Acceptance Testing of any Deliverable – or alternatively insert None.]

EFFECT OF CHANGE ON PERFORMANCE OF ANY DELIVERABLE

[Insert if there will be any effect on performance of any Deliverable – or alternatively insert None.]

EFFECT ON USERS OF THE SYSTEM/SOLUTION

[Insert if there will be any effect on users of the system/solution – or alternatively insert None.]

EFFECT OF CHANGE ON DOCUMENTATION DELIVERABLES

Changes will be required to the following documents:

[Add any other documents which may be affected.]

EFFECT ON TRAINING

Insert if there will an effect on training or alternatively insert None.]

ANY OTHER MATTERS WHICH THE PARTIES CONSIDER IMPORTANT

[insert if there are any other matters.]

ASSUMPTIONS

The plan for implementing the changes outlined in this Change Request is based on the assumptions listed below:

[Insert any assumptions. If none then this section will be deleted].

If the assumptions are or become untrue, the Parties will address the effect of this through a subsequent Change Request.

LIST OF DOCUMENTS THAT FORM PART OF THIS CHANGE REQUEST

[Insert a list of the documents that form part of this Change Request]

CUSTOMER CONTRACT CLAUSES, SCHEDULES AFFECTED BY THE PROPOSAL ARE AS FOLLOWS:

[Insert amendments to clauses in the Customer Contract, relevant Schedules including Service Level Agreement]

Note that variations to any of the Protected Clauses require the Customer to obtain the Contract Authority’s approval (clause 26.2)

AUTHORISATION

The Contractor must not commence work on the Change Request until is signed by both Parties. Once signed by both Parties, the Customer Contract is updated by this Change Request and any provisions of the Customer Contract that conflict with this Change Request are superseded.

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30 Schedule 5 : Escrow Deed – Not Used

Schedule 6 : Deed Poll – Approved Agents – Not Used

Schedule 7 : Statutory Declaration – Subcontractor – Not Used

Schedule 8 : Deed of Confidentiality – Not Used

Schedule 9 : Performance Guarantee – Not Used

Schedule 10 : Financial Security – Not Used

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31 Schedule 11: Dispute Resolution Procedures

1. Expert Determination

1.1 If a Referral Notice is submitted under clause 24.7 of the Customer Contract, the expert is to be agreed between the Parties. If they cannot agree within 28 days of the Referral Notice, the expert is to be nominated on the application of either Party by the Chief Executive Officer, Australian Commercial Disputes Centre of NSW.

1.2 The expert nominated must be a person who is an experienced Australian legal practitioner or a person with practical experience in the technology that is the subject matter of the dispute, unless otherwise agreed. The expert must not be:

(a) an employee of the Parties;

(b) a person who has been connected with this Customer Contract or has a conflict of interest, as the case maybe; or

(c) a person who the Parties have not been able to agree on.

1.3 The expert may appoint any person that the expert believes will be able to provide the specialists skills that are necessary to make a determination, including an Australian legal practitioner. The expert must consult with both Parties prior to appointing such person.

1.4 When the person to be the expert has been agreed or nominated, the Customer, on behalf of both Parties, must engage the expert by letter of engagement (and provide a copy to the Contractor) setting out:

(a) the issue referred to the expert for determination;

(b) the expert’s fees;

(c) the procedure for the determination set out in this Schedule; and

(d) any other matter which is relevant to the engagement.

2. Submissions

2.1 The procedure for submissions to the expert is as follows:

(a) The Party that has referred the issue to expert determination must make a submission in respect of the issue, within 30 Business Days after the date of the letter of engagement referred to in clause 1.4.

(b) The other Party must respond within 30 Business Days after receiving a copy of that submission. That response may include cross-claims.

(c) The Party referred to in clause 2.1(a) may reply to the response, but must do so within 20 Business Days after receiving the response, and must not raise new matters.

(d) The other Party may comment on the reply, but must do so within 20 Business Days after receiving the reply, and must not raise new matters.

(e) The expert must ignore any submission, response, reply, or comment not made within the time given in this clause 2.1, unless the Customer and the Contractor agree otherwise.

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32 (f) The expert may request further information from either Party. The request must be in

writing, with a time limit for the response. The expert must send a copy of the request and response to the other Party, and give the other Party a reasonable opportunity to comment on the response.

(g) All submissions, responses, replies, requests and comments must be in writing. If a Party gives information to the expert, it must at the same time give a copy to the other Party.

3. Conference

3.1 The expert must arrange at least one conference with both Parties. The request must be in writing, setting out the matters to be discussed.

3.2 Each Party is entitled to be represented at any preliminary conference before the expert by its legal representatives and other authorised representatives, with information and knowledge of the issues.

3.3 The expert is not bound by the rules of evidence and may receive information in any manner the expert sees fit, but must observe the requirements of procedural fairness. Consultation between the expert and a Party must only take place in the presence of the other Party, unless a Party fails to attend a conference or meeting which has been convened by the expert and of which prior notice has been given. Any Party providing information to the expert must provide that information to the other Party.

3.4 The Parties agree that such a conference is considered not to be a hearing that would give anything under this Schedule the character of arbitration.

3.5 In answer to any issue referred to the expert by a Party, the other Party can raise any defence, set-off or counter-claim.

4. Questions to be determined by the Expert

4.1 The expert must determine for each issue the following questions (to the extent that they are applicable to the issue):

(a) is there an event, act or omission that gives the claimant a right to compensation under the Customer Contract:

(i) for damages for breach of the Customer Contract, or

(ii) otherwise in law

(b) if so:

(i) what is the event, act or omission

(ii) on what date did the event, act or omission occur

(iii) what is the legal right which gives rise to the liability to compensation

(iv) is that right extinguished, barred or reduced by any provision of the Customer Contract, estoppel, waiver, accord and satisfaction, set-off, cross-claim, or other legal right

(c) in the light of the answers to clause 4.1:

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33 (i) What compensation, if any, is due from one Party to the other and when did

it fall due?

(ii) What interest, if any, is due when the expert determines that compensation?

4.2 The expert must determine for each issue any other questions required by the Parties, having regard to the nature of the issue.

4.3 The Parties must share equally the fees of the expert, any other costs associated with the process, including room hire expenses, transcript expenses and the like and the fees of any person appointed by the expert under clause 1.3 for the determination, and bear their own expenses.

4.4 If the expert determines that one Party must pay the other an amount exceeding the amount specified in General Order Form (calculating the amount without including interest on it and after allowing for set-offs), then either Party may commence litigation, but only within 56 days after receiving the determination.

4.5 Unless a Party has a right to commence litigation or otherwise resolve the dispute under the Customer Contract:

(a) in the absence of a manifest error the Parties must treat each determination of the expert as final and binding and give effect to it; and

(b) if the expert determines that one Party owes the other money, that Party must pay the money within 20 Business Days.

5. Role of Expert

5.1 The expert must:

(a) act as an expert and not as an arbitrator, adjudicator or as expert witness;

(b) make its determination on the basis of the submissions of the Parties, including documents and witness statements, and the expert’s own expertise;

(c) act impartially, free of bias and with no vested interest in the outcome of the dispute;

(d) adopt procedures for the Expert Determination suitable to the circumstances of the dispute so as to provide for an expeditious cost effective and fair means for the determination of the dispute; and

(e) issue a certificate in a form the expert considers appropriate, stating the expert’s determination and giving reasons, within 45 Business Days after the receipt of the information in clause 2.1(d).

5.2 If a certificate issued by the expert contains a clerical mistake, an error arising from an accidental slip or omission, a material miscalculation of figures, a mistake in the description of any person, matter or thing, or a defect of form, then the expert must correct the certificate and give notice to the Parties of such correction.

6. Confidentiality

6.1 Each Party involved in the expert determination process, including the expert, the Parties, their advisors and representatives shall maintain the confidentiality of the expert determination process and may not use or disclose to anyone outside of the expert determination process,

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34 the expert’s determination, or any information received or obtained, in the course of the expert determination process, including the existence of that information, except to the extent:

(a) the Parties have otherwise agreed in writing;

(b) the information is already in the public domain;

(c) disclosure is required to a Party’s insurers, auditors, accountants or other professional advisers;

(d) disclosure is required for the purposes of any legal proceedings relating to the dispute or the expert’s determination; or

(e) disclosure is otherwise required by law.

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MODULE ORDER FORM

MODULE 3 – LICENSED SOFTWARE

Box 1 Approved Purpose

Details to be included from Module 3 Order Details agreed by the Contractor and the Customer

Agreed Terms (clause 1.1)

Specify what purpose is the Licensed Software used for.

If no other purpose is specified in this Box the Approved Purpose is the internal processing of the Customer’s own data.

The use contemplated in the definition of PRIME System in Item 11 (Common Details) of the General Order Form.

Box 2 Class of Licence



Specify the specific rights that are granted by the Contractor to the Customer to use the Licensed Software.

The Class of Licence defines the Price, e.g. If the Licensed Software is licensed for X “Named Users”, the Class of Licence must define what a “Named User” is.

Examples of the types of issues that are included in the Class of Licence include:

(a) the Licence Period;

(b) number and type of user;

(c) number, type or capacity of Hardware; or

(d) any other licence restriction/right.

[Note: If this Box is not completed then the Contractor grants the Customer the default rights to use the Licensed Software and User Documentation as described in clauses 2.2 and 2.9 of Module 3.]

The Contractor grants to the Customer a perpetual, non-exclusive, transferable (subject to the terms of the Head Agreement), royalty free license to use the Licensed Software from the Commencement Date of this Customer Contract in accordance with the terms of the Head Agreement and this Customer Contract. The Contractor also grants the Customer the expanded usage rights as set out in Item 43 of the General Order Form.

(a) Perpetual.

(b) *Prime User Bundle 1000 Prime Users

Oracle User Productivity Kit Professional – 10 UPK Developer Perpetual Oracle Data Relationship Management – 40000 Record Perpetual Oracle Data Relationship Steward – 25 Application User Perpetual

Prime User”, “Application User” and “UPK Developer” have the meanings given to them in Item 11 of the General Order Form. For the

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avoidance of doubt, the various Classes of licence can be redeployed within the Customer’s and the other expanded usage rights entities’ organisations, such that at any given time, only the number of then current authorised Prime Users, Application Users and UPK Developers (as applicable) will be counted towards the quantity of relevant Classes of licence being used by the Customer at any point in time. (For example, if an individual had previously been a Prime User, but had subsequently left the Customer’s organisation and had his or her authority to use the Prime System revoked, that person would not be counted as a Prime User after the time of revocation of authorisation). Licensed Software may only be installed on the Customer‘s equipment, or equipment of a third party or a NSW Government Agency (as referred to in the definition of Prime System in Item 11 of the General Order Form) providing IT services to the Customer as part of the Prime System.

*The Prime User Bundle contains the following products Oracle Access Management Suite Plus Prime User Perpetual Oracle Business Intelligence Suite Foundation Edition Prime User Perpetual Oracle Data Integrator Enterprise Edition Prime User Perpetual Oracle Database Enterprise Edition Prime User Perpetual Oracle Hyperion Disclosure Management Prime User Perpetual Oracle Hyperion Financial Data Quality Management, Enterprise Edition Prime User Perpetual Oracle Hyperion Financial Data Quality Management, Enterprise Edition Adapter for Financial Management Prime User Perpetual Oracle Hyperion Financial Data Quality Management, Enterprise Edition Adapter Suite Prime User Perpetual Oracle Hyperion Financial Management Plus Prime User Perpetual Oracle Hyperion Planning Plus Prime User Perpetual Oracle SOA Suite for Oracle Middleware Prime User Perpetual Oracle Unified Business Process Management Suite Prime User Perpetual Oracle User Productivity Kit Professional Prime User Perpetual Oracle WebCentre ContentPrime User Perpetual Oracle WebCentre Portal Prime User Perpetual Oracle WebLogic Suite Prime User Perpetual Oracle Active Data Guard Prime User Perpetual Oracle Diagnostics Pack Prime User Perpetual Oracle Real Application Clusters Prime User Perpetual Oracle Tuning Pack Prime User Perpetual

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(c) As per the restrictions set out in the General Order Form

(d) The License Definitions and Rules set out in Item 11 of the General Order Form apply to the Licensed Software ordered.

The program licenses described are for use worldwide. To enable the Contractor to provide services and accurately report revenue for tax purposes, it is estimated that the Licensed Software and Software Support Services shall be installed and/or accessed in each applicable country as listed on the Estimated Territory Usage Exhibit below. The Customer’s use of the Licensed Software is not limited to this territory or estimate.

Estimated Territory Usage Exhibit.

Additional Rights/Restrictions

Failover: Subject to the conditions that follow below, the Customer’s licence for the Licensed Software includes the right to run the Licensed Software on an unlicensed spare computer in a failover environment for up to a total of ten separate days in any given calendar year (for example, if a failover node is down for two hours on Tuesday and three hours on Friday, it counts as two days). The above right only applies when a number of machines are arranged in a cluster and share one disk array. When the primary node fails, the failover node acts as the primary node. Once the primary node is repaired, the Customer must switch back to the primary node. Once the failover period has exceeded ten days, the failover node must be licensed. In addition, only one failover node per clustered environment is at no charge for up to ten separate days even if multiple nodes are configured as failover. Downtime for maintenance purposes counts towards the ten separate days’ limitation. When licensing options on a failover environment, the options must match the number of licenses of the associated database. Additionally, when licensing by Named User Plus, the user minimums are waived on one failover node only. Any use beyond the right granted in this section must be licensed separately. In a failover environment, the same license metric must be used for the production and failover nodes when licensing a given clustered configuration.

Country % Usage

Australia 100%

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Testing: For the purpose of testing physical copies of backups, the Customer’s license for the Oracle Database (Enterprise Edition, Standard Edition or Standard Edition One) includes the right to run the database on an unlicensed computer for up to four times, not exceeding 2 days per testing, in any given calendar year. The aforementioned right does not cover any other data recovery method - such as remote mirroring - where the Oracle Program binary files are copied or synchronized.

Hyperion Planning Plus: The licence for the Hyperion Planning Plus Program includes a limited use license for the Oracle Essbase Plus, Hyperion Financial Reporting and Hyperion Web Analysis Programs. Such limited use license means that the Oracle Essbase Plus, Hyperion Financial Reporting and Hyperion Web Analysis Programs may only be used to access data from the Hyperion Planning Plus Program. The Oracle Data Integrator for Oracle Business Intelligence Program may be used to load data from any data source provided that the target database is the Hyperion Planning Plus Program. Specifically, the Oracle Essbase Plus Program cannot be used to create Essbase cubes that do not contain data used by the Hyperion Planning Plus Program and the Aggregate Storage option component of the Oracle Essbase Plus Program may not be used.

Box 3 Designated Equipment



Specify the hardware platform/operating system combination upon which the Licensed Software is installed.

[Note: Specify the type and version number of the operating system and capacity/model of the Hardware, especially if the Class of Licence is based on type or size of capacity of the Hardware.]

Use of the Licensed Software is not restricted to any Designated Equipment.Licensed Software may only be installed on the Customer‘s equipment, or equipment of a third party or a NSW Government Agency (as referred to in the definition of Prime System in Item 11 of the General Order Form) providing IT services to the Customer as part of the Prime System.

Box 4 Third Party Components

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Third Party Components

Specify if the details of any software components, plug-ins and other programs are owned by third parties.

This should include name and version number of each Third Party Component.

Specify if the Third Party Components are supplied by the Contractor:

(a) as part of the Licensed Software; or

(b) as a Reseller (in which case Box 11 must be completed)

[Note: See clause 2.7 for details.]

[Note: Open source software is not included within the definition of Third Party Component.]

Not applicable

Box 5 Extension of Period to Notice to Renew Licence


Licence Period (clause 2.6(a))

If the Licence is not perpetual, then specify the number of days written notice prior to the end of each current Licence Period that the Contractor must give of the Price, payment arrangements and/or terms for any extended Licence Period or new Licence Period that is to commence immediately after the end of the current Licence Period.

If no period is specified in this Box, the period is 30 days.

License is perpetual.

Box 6 Installation


Installation (clause 3.1)

Specify if the Contractor is responsible to The Contractor is not responsible for the installation of the Licensed Software.

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install the Licensed Software.

If the Contractor is responsible for installation of the Licensed Software:

(a) specify the details of the Installation and the date of installation; and


(b) specify the Price for the installation, and when the Price is due.


Installation (clause 3.3)

Specify the date by which the access codes must be made available, if applicable.

If a date is not specified, the access codes must be provided promptly following the date the Parties enter into the Customer Contract.


Box 7 First Release


First Release (clause 3.9)

Specify if the Licensed Software or any New Release will be a First Release.

If so, specify the any additional terms and conditions that apply to the First Release.

If this Box is not completed, the Licensed Software and each New Release is deemed not to be a First Release.


Box 8 Right to Receive Updates and/or New Releases


Updates and New Release (clause 4.1)

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Specify if the Contractor provides the Customer the rights to receive:

(a) Updates;

(b) and/or New Releases,

as part of the Licence (as opposed to part of a separate Software Support Service under Module 5).

Updates and New Releases are provided to the Customer as part of a separate Software Support Service under Module 5 (if ordered).

Updates and New Release (clause 4.4(c))

Specify the increased Licence Price when the Customer accepts the Update or New Release.

If an increased Price is not specified, the Licence Price must not be increased for any Update or New Release provided during the Licence Period.


Box 9 Warranties for Open Source Code


Open Source Software (clause 5.2(b))

If the software is Open Source Software:

(a) specify the Open Source Licence that governs the use of the open source software;

(b) specify whether the open source software is provided with the warranties that the Contractor provides in respect of Licensed Software, or whether the Contractor provides the open source software without any warranty (to the extent permitted by law)


Box 10 Ancillary Services

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Training (clause 6.1)

Specify if training services are to be provided.


If so, specify details, dates and the Prices of the training services, and when payment is due.


Other Services (clause 6.2)

Specify the details, times, Prices for ad hoc issue resolution or support service for the Licensed Software, and when payment is due.

[Note: If Software Support Services are being provided for the Licensed Software under Module 5, do not complete this Box.]


Box 11 Business Models of the Reseller


Reseller Provision of Licensed Software (clause 7.1)

Are any of the Deliverables being provided by the Contractor in the capacity as a Reseller?

If yes:

(a) specify if the Licensed Software is supplied by the Contractor who is acting as Reseller as Facilitator.

[Note: Reseller as Facilitator means the Contractor is acting in a particular role and has a particular set of responsibilities described in clause 7.1(a).]

Not applicable.

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OR

(b) specify if the Licensed Software is supplied by the Contractor who is acting as Reseller with Pass Through Warranties.

[Note: Reseller with Pass Through Warranties means the Contractor is acting in a particular role and has a particular set of responsibilities described in clause 7.1(b).]


Box 12 Value Add Services


Acquisition through a Reseller (clause 7.3)

Specify if the details of any value add services the Contractor is to provide, the Prices and when payment is due.


Box 13 Customer Maintains Records


Records (clause 10.1(a))

Specify if and, if so, how the Customer must maintain records as to the locations of all copies of the Licensed Software and the usage of the Licensed Software.


Records (clause 10.1(b))

Specify the frequency that the Customer provides copies of the records under clause 10.1(a).

If this Box is not completed the Customer must provide copies of the records ever six months.


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MODULE ORDER FORM

MODULE 5 – SOFTWARE SUPPORT SERVICES

Box 1 Designated Equipment



Specify the hardware platform/operating system combination upon which the Supported Software is installed.

[Note: Specify the type and version number of the operating system and capacity/model of the Hardware.]

Use of the Licensed Software is not restricted to any Designated Equipment. Licensed Software may only be installed on the Customer‘s equipment, or equipment of a third party or a NSW Government Agency (as referred to in the definition of Prime System in Item 11 of the General Order Form) providing IT services to the Customer as part of the Prime System.

.

Box 2 Developed Software



Specify which of the following categories of software to which each of the items of Developed Software applies:

(a) an adaptation, translation or derivative of the Licensed Software; or

(b) software that has been newly created by the Contractor under Module 4, or any other Module; or

[Note: For example “Payroll application developed under Module 4”.]

(c) other software, including software that is already owned by or licensed to the Customer or open source software.

[Note: The definition of Developed Software does not include Licensed Software.]


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Box 3 Installed on Contractor Equipment



Specify if the Supported Software is to be installed on equipment which is owned or controlled by the Contractor.


Box 4 Prices of Software Support Services



Specify the fees payable for supplying the Software Support Services, and when they are due.

[E.g. This may be on a monthly, quarterly or yearly basis or any other term that is agreed by parties.]

The Support Services Price is payable by the Customer to

the Contractor in advance from the Commencement Date.

The Support Services Price will be refunded on a pro rata

basis from the date of termination under clause 25.3 of the

Agreement.

The total Software Support Services Price payable under

this Order is $1,208,502.30 (excluding GST).

Box 5 Period of Software Support Services


Support Period (clause 2.2)

Specify the Contract Period during which the Software Support Services will be provided.

If this Box is not completed and the Contract Period is not specified on the General Order Form, the Software Support Services will be deemed to start on the AAD of the relevant Supported Software, and continue until terminated by either Party giving the other 30 days Notice in Writing.

The initial Contract Period for Software Support Services under this Order is 12 months commencing on the Commencement Date, with 4 x 1 year options to renew which the Customer can exercise at its discretion. Not less than 30 days prior to the expiry of the relevant Contract Period, the Customer mayt notify the Contractor of its intention to renew the Software Support Services for a further period of 12 months.

Box 6 Extension of Contract Notification


Support Period (clause 2.3)

Specify

(a) the number of days written notice prior to the end of each

(a)

(b) The initial Contract Period for Software Support Services under this Order is 12 months commencing on the Commencement Date, with 4 x 1 year options to renew which the Customer can exercise at its discretion.

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current Contract Period that the Contractor must give of the Price;

(b) payment arrangements;

(c) whether the Contract Period will be extended under this Customer Contract, or whether a new Customer Contract will be entered into, after the end of the current Contract Period.

If no period is specified in this Box, the period is 30 days.

Not less than 30 days prior to the expiry of the relevant Contract Period, the Customer may notify the Contractor of its intention to renew the Software Support Services for a further period of 12 months; and

(c) For the avoidance of doubt the Support Services Price for the first, second, third and fourth renewal years shall be as set out below:

First Renewal Year: $A$1,208,502.30 Second Renewal Year: $A$1,208,502.30 Third Renewal Year: $A$1,208,502.30 Fourth Renewal Year: $A$1,208,502.30

Box 7 Details of Software Support Services


Scope (clause 3.1)

Specify the details of Software Support Services, including:

(a) the Contract Period [Note: the default period is 12 months from AAD];

(b) the Supported Software that is to be the subject of the Software Support Services, being:

(i) Licensed Software;

(ii) details of any Developed Software;

(c) whether the Licensed Software is a First Release, or whether the First Release of New Release of any Licensed Software will be provided as part of the Software Support Services;

(d) the details relating to any of the following Services that the Contractor is to provide:

(i) Help Desk Services, including the hours of operation;

(ii) whether the Customer is entitled to receive Updates and/or New Releases if and when they become available from the Contractor during the Contract

a) The initial Contract Period is12 months commencing on the Commencement Date with 4 x 1 year options to renew which the Customer can exercise at its discretion.

b) For purposes of this Order Software Support Services consists of annual technical support services the Customer has ordered for the Licensed Software.

Software Support Services (including first year and any subsequent years) are provided under the Contractor’s technical support policies (available at http://www.oracle.com/us/support/policies/index.html) in effect at the time the Software Support Services are provided. The technical support policies, incorporated in this Order and set out in the Agreement Documents, are subject to change at the Contractor’s discretion; however, the Contractor will not materially reduce the level of Software Support Services provided for the Licensed Software for a period of 5 years from the date of the General Order . A Customer should review the policies prior to entering into the order for the applicable services.

c) As part of the Software Support, the Customer will receive any Updates and New Release of the Licensed Software which the Contractor shall make available via electronic download.

d) The Software Support Services are described under the heading “Software Support Services” below.

e) The Software Support Services are described under the heading “Software Support Services” below.

f) Not applicable to this Order.

g) Not applicable to this Order.

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Period, for:

(A) the Licensed Software:

(B) any Developed Software;

(iii) any ancillary services;

(e) any applicable Service Levels;

(f) the particulars of any access to the Site and the Supported Software, including VPN access to the Supported Software required by the Contractor to effectively perform the Software Support Services;

(g) the Price and any expenses or other charges that apply for each Service.

[Note: Each of the items above should be fully detailed in this Box.

The version numbers of each item of Support Software should be included.

If the Software Support Services are described in another document, such as the Contractor’s Software Support polices, this document should be cross- referenced in this Box.]

No Acceptance Tests apply to the Software Support Services.

Nothing in this paragraph precludes the Customer from conducting its own evaluation and quality assurance testing of any Updates, New Releases or other deliverables provided by the Contractor to the Customer as part of the Software Support Services.

SOFTWARE SUPPORT SERVICES

The Software Support Services are provided under the Contractor’s Technical Support Policies which can be found at http://www.oracle.com/support/collateral/oracle-technical-support-policies.pdf. The technical support policies are subject to change at the Contractor’s discretion; however, the Contractor will not materially reduce the level of Software Support Services provided for Licensed Software for a period of 5 years from the Commencement Date of this Order provided the Customer maintains the Software Support Services for the Licensed Software

The following describes what is provided in the Software Support Services: Program releases in the Premier Support phase of Oracle’s product support lifecycle will receive Software Update License & Support (“SULS”). SULS is the standard level for all

Oracle support services and consists of:

Program updates, fixes, security alerts, and critical patch updates

Tax, legal, and regulatory updates

Upgrade scripts

Certification with most new third-party products/versions

Major product and technology releases, which includes general maintenance releases, selected functionality releases, and documentation updates


Access to OracleMetaLink, Customer Connection, SupportWeb, MetaSolv Support Portal, or WebSRTS* (24 x 7 web-based customer support systems), including the ability to log service requests online


Automated diagnostic tools which include Configuration Support Manager, Maintenance Wizards; and

diagnostic support packs.

http://www.oracle.com/support/collateral/oracle-technical-support-policies.pdf

http://www.oracle.com/support/collateral/oracle-technical-support-policies.pdf

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Box 8 Period of Support for each Release


Updates and New Releases

(clause 3.20(b))

Specify the period for which the Contractor will continue to offer standard support for each release.

The Contractor will continue to provide the Software Support Services described in Box 7 above during the term of this

Customer Contract (including any of the initial four (4) renewal periods after the expiry of the initial Contract Period) in accordance with the Contractors then current technical support policies

If this Box is not completed the period is 18 months from the date of general Release of the New Release.

12 months.

Box 9 Transition out Services


Scope (clause 3.14)

Specify if transition out services are to be provided.


Specify the details of the transition out services, dates, Price for such transition out services, and when payment is due.

Box 10 Business Models of the Reseller


Reseller Provision of Software Support Services (clause 4.1)

Are any of the Deliverables being provided by the Contractor in the capacity as a Reseller?

If yes:

(a) specify if the Software Support Services are supplied by the Contractor who is acting as Reseller as Facilitator.

[Note: Reseller as Facilitator means the Contractor is acting in a

No

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particular role and has a particular set of responsibilities described in clause 4.1(a).]

OR

(b) specify if the Software Support Services are supplied by the Contractor who is acting as Reseller with Pass Through Warranties.

[Note: Reseller with Pass Through Warranties means the Contractor is acting in a particular role and has a particular set of responsibilities described in clause 4.1(b).]

Box 11 Value Add Services


Acquisition through a Reseller (clause 4.3)

Specify if the details of any value add services the Contractor is to provide, the Prices and when payment is due.


Box 12 Ancillary Services


Ancillary Services (clause 5.1)

Specify if other services are to be provided during the Contract Period.


Specify the details of these other services, the Prices and when payment is due.

[E.g. Ancillary services may include the consulting services needed to implement Updates or New Releases or training services.]

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