Oracle. The following terms are applicable to a certain Embedded Application known as Oracle Database Enterprise Edition (the “Oracle Software”): (a) The Oracle Software may only be used in conjunction with the Licensed Product and solely for Licensee’s internal business purposes. (b) Oracle USA, Inc. (“Oracle”) shall have no liability whatsoever to Licensee for any damages, whether direct, indirect, incidental, or consequential arising from Licensees use of Licensed Product or the Oracle Software. (c) Licensee is prohibited from publishing the results of any benchmark tests run on the Oracle Software. (d) Licensee shall be prohibited from timesharing, rental, facility management, or service bureau use of the Oracle Software. (e) Licensee’s records may be audited, by PowerSchool or Oracle, during normal business hours to verify compliance with the terms of this Agreement. (f) Oracle shall be a third party beneficiary of this Agreement. (g) Oracle shall have no performance obligation or liability to Licensee in connection with this Agreement. (h) Should the Oracle Software contain any source code provided by Oracle, such source code shall be governed by the terms of this Agreement.
Appears in 4 contracts
Samples: Licensed Product and Services Agreement, End User Agreement, End User License Agreement
Oracle. The following terms are applicable to a certain Embedded Application known as Oracle Database Enterprise Edition (the “Oracle Software”):
(a) The Oracle Software may only be used in conjunction with the Licensed Product and solely for Licensee’s internal business purposes.
(b) Oracle USA, Inc. (“Oracle”) shall have no liability whatsoever to Licensee for any damages, whether direct, indirect, incidental, or consequential arising from Licensees use of Licensed Product or the Oracle Software.
(c) Licensee is prohibited from publishing the results of any benchmark tests run on the Oracle Software.
(d) Licensee shall be prohibited from timesharing, rental, facility management, or service bureau use of the Oracle Software.
(e) Licensee’s records may be audited, by PowerSchool Pearson or Oracle, during normal business hours to verify compliance with the terms of this Agreement.
(f) Oracle shall be a third party beneficiary of this Agreement.
(g) Oracle shall have no performance obligation or liability to Licensee in connection with this Agreement.
(h) Should the Oracle Software contain any source code provided by Oracle, such source code shall be governed by the terms of this Agreement.
Appears in 1 contract
Samples: Licensed Product Agreement
