AMENDMENT TECHNICAL SUPPORT. The total annual technical support due under this Amendment One (the “Amendment Technical Support”) includes: (i) annual technical support attributable to the programs acquired under this Amendment One including, without limitation, the Additional Unlimited Deployment Program and (ii) the annual technical support attributable to the Additional Converted and Replaced Licenses. Notwithstanding anything to the contrary, you acknowledge and agree that pursuant to the terms of this Amendment One, the Amendment Technical Support is hereby being added to the definition of “Total Support Stream”. For purposes of Oracle’s Technical Support Policies, the technical support acquired under both this Amendment One and the ordering document shall be considered to have been purchased under a single order. Nothing in this Amendment One shall be deemed to relieve you of your obligation under the ordering document to pay Oracle for the other components included in the Total Support Stream as described in Section B.5 (Total Support Stream) of the ordering document (including, without limitation, the annual technical support for the Unlimited Deployment Programs specified in Section A of the ordering document) in addition to the technical support fees included in the Amendment Technical Support, in order to maintain your Unlimited Deployment Right and receive technical support for the program licenses acquired under the ordering document and this Amendment One. Notwithstanding anything to the contrary in this section, the technical support fees owed by you for the program licenses acquired under the ordering document and this Amendment One may increase as a result of any mergers or acquisitions of Majority Acquired Entities in accordance with section C.2 of the ordering document, and/or the purchase of program licenses under section D.1 of the ordering document and/or inclusion of Omitted Licenses in accordance with section F.1.b of the ordering document.
Appears in 2 contracts
Samples: Oracle License and Services Agreement, Oracle License and Services Agreement (Netsuite Inc)
AMENDMENT TECHNICAL SUPPORT. The total annual 4.1 Technical support for the programs acquired under this OD Amendment Three include (a) technical support due under this Amendment One fees for the Converted and Replaced Licenses (as defined in section C.1 of the ordering document) and (b) the new technical support fees for the additional Unlimited Deployment Programs listed in Table A-1-b (collectively, the “Amendment Technical Support”) includes: ). Under section 2 of this Amendment, you have purchased 355 days of the Amendment Technical Support (i) from February 28, 2013 to February 17, 2014). However, the total annual technical support attributable to the programs acquired fees due under this OD Amendment One including, without limitation, Three shall be based on 12 months of the Additional Unlimited Deployment Program and (ii) the annual technical support attributable to the Additional Converted and Replaced LicensesAmendment Technical Support. Notwithstanding anything to the contrary, you You acknowledge and agree that pursuant to the terms of this Amendment One, the Amendment Technical Support is hereby being added to must be maintained as a part of the definition of “Total Support Stream”. Stream and your support obligations under the ordering document (as amended by this OD Amendment Three).
4.2 For purposes of Oracle’s Technical Support Policiestechnical support policies, the technical support acquired under both this OD Amendment One Three and the ordering document shall be considered to have been purchased under a single order. .
4.3 Notwithstanding anything to the contrary in the ordering document, you acknowledge that for purposes of determining the fees for the annual renewal of technical support for the program licenses acquired under section A of the ordering document (as amended by this OD Amendment Three) that shall take place on February 18, 2014, for the purposes of calculating the technical support renewal amount, the annual (12-month) amount of the prior year’s technical support fees for such program licenses shall be $1,352,977.94.
4.4 Nothing in this OD Amendment One Three shall be deemed to relieve you of your obligation under to maintain all of the ordering document to pay Oracle for the other components included in of the Total Support Stream (as described in Section B.5 (Total Support Streamamended by this OD Amendment Three) of the ordering document (including, without limitation, the annual technical support for the Unlimited Deployment Programs specified in Section A of the ordering document) in addition to the technical support fees included in the Amendment Technical Support, in order to maintain receive your Unlimited Deployment Right and receive technical support for the program licenses acquired under the ordering document and (as amended by this OD Amendment OneThree). Notwithstanding anything to the contrary in this section, you acknowledge that the Total Support Stream and the technical support fees owed by you for the program licenses acquired under the ordering document and (as amended by this OD Amendment One Three) may also increase as a result of any mergers or acquisitions of Majority Acquired Entities in accordance with section C.2 of the ordering document, and/or the purchase of program licenses under section D.1 of the ordering document and/or inclusion of any Omitted Licenses in accordance with section F.1.b of the ordering documentLicenses.
Appears in 1 contract
Samples: Amendment to Software License and Maintenance Agreement
AMENDMENT TECHNICAL SUPPORT. The total annual technical 4.1 Technical support due under this Amendment One (the “Amendment Technical Support”) includes: (i) annual technical support attributable to for the programs acquired under this OD Amendment One includingFive, without limitationand specified in the table in section 2.1 above, the Additional Unlimited Deployment Program and includes (iia) the existing annual technical support attributable to fees for the Additional Converted and Replaced Licenses. Notwithstanding anything Licenses (as defined in section 1.13 above and, referred to in the contrary, you acknowledge table in section 2.1 above as the “Net Converted and agree that pursuant to the terms of this Amendment One, the Amendment Replaced Licenses Technical Support is hereby being added Fees”), (b) annual incremental technical support fees for the program licenses specified in section A of the ordering document, as amended by this OD Amendment Five (as referred to in the definition of table in section 2.1 above as the “Total Net Technical Support StreamFees”. ), and (c) the existing annual technical support fees for the quantity based programs found in section 1.1 Table A-2 above, and referred to in the table in section 2.1 above as the “Net Technical Support Fees for Quantity Licenses”.
4.2 For purposes of Oracle’s Technical Support Policies, determining the fee for the first renewal year of the technical support acquired under both this Amendment One and specified in the ordering document table in section 2.1 above, the amount of the prior year’s fees shall be considered equal to have been purchased under a single order. $1,797,390.81.
4.3 Nothing in this OD Amendment One Five shall be deemed to relieve you of your obligation under to maintain all of the ordering document to pay Oracle for the other components included in of the Total Support Stream (as described in Section B.5 (Total Support Streamamended by this OD Amendment Five) of the ordering document (including, without limitation, the annual technical support for the Unlimited Deployment Programs specified in Section A of the ordering document) in addition to the technical support fees included in the Amendment Technical Support, in order to maintain receive your Unlimited Deployment Right and receive technical support for the program licenses acquired under the ordering document and (as amended by this OD Amendment OneFive). Notwithstanding anything to the contrary in this section, you acknowledge that the Total Support Stream and the technical support fees owed by you for the program licenses acquired under the ordering document and (as amended by this OD Amendment One Five) may also increase as a result of any mergers or acquisitions of Majority Acquired Entities your reorganization in accordance with section C.2 of the ordering document, and/or the purchase of program licenses under section D.1 of the ordering document and/or inclusion of any Omitted Licenses (as defined in accordance with section F.1.b of the ordering document1.13 above).
Appears in 1 contract
Samples: Amendment #5