Common use of Business Operations Transfer (Outsourcing Clause in Contracts

Business Operations Transfer (Outsourcing. Notwithstanding any other provision of the Contract, a Customer may contract with a facilities management firm (“Outsourcer”) to operate the licensed programs on behalf of the Customer provided such operation is either on the Customer’s hardware and operating system or the same or comparable hardware and operating system at Outsourcer’s site, and provided further (i) the Customer hereby assumes all responsibility for the confidentiality of all confidential information and protection of Oracle’s proprietary rights, and (ii) the Customer shall give Oracle written notice of all licensed programs to be managed by Outsourcer at the same time as entering into such a contract, and (iii) the Customer assumes all liability for shipping the licensed programs to Outsourcer’s site and return of the licensed programs to the Customer’s site, and (iv) in no event shall Outsourcer be allowed to copy the licensed programs or be granted general development use access to the licensed programs except as specified herein and (v) to the extent allowable under Texas Law, the Customer agrees to indemnify Oracle of (a) any claims or demands brought against Oracle or its directors, employees or agents arising from or in connection with any such services provided by Outsourcer, or (b) Outsourcer’s failure to abide by the terms and conditions of the Contract.

Business Operations Transfer (Outsourcing. Notwithstanding any other provision of the Contract, a Customer may contract with a facilities management firm (“Outsourcer”) to operate the licensed programs on behalf of the Customer provided such operation is either on the Customer’s hardware and operating system or the same or comparable hardware and operating system at Outsourcer’s site, and provided further (i) the Customer hereby assumes all responsibility for the confidentiality of all confidential information and protection of OracleJuniper’s proprietary rights, and (ii) the Customer shall give Oracle Juniper written notice of all licensed programs to be managed by Outsourcer at the same time as entering into such a contract, and (iii) the Customer assumes all liability for shipping the licensed programs to Outsourcer’s site and return of the licensed programs to the Customer’s site, and (iv) in no event shall Outsourcer be allowed to copy the licensed programs or be granted general development use access to the licensed programs except as specified herein and (v) to the extent allowable under Texas Law, the Customer agrees to indemnify Oracle Juniper of (a) any claims or demands brought against Oracle Juniper or its directors, employees or agents arising from or in connection with any such services provided by Outsourcer, or (b) Outsourcer’s failure to abide by the terms and conditions of the Contract.