AMENDMENT NINE
to the
VAR AGREEMENT
between
SYSTEMS AND COMPUTER TECHNOLOGY CORP.
and
ORACLE CORPORATION
This document ("Amendment Nine") shall serve to amend the VAR Agreement and
any amendments thereto between Systems & Computer Technology Corp. (the
"VAR") and Oracle Corporation ("Oracle") dated September 1, 1991 (the
"Agreement").
1. Upon the Effective Date below, the following Programs shall be added to
the list of Programs set forth as Limited Use Programs in Section 1.6 of
the Agreement: "
Workgroup/2000 Programs
Developer/2000
Designer/2000
Explorer/2000
Secure Network Services
(collectively, the "Tools Programs")"
The term "Workgroup/2000 Programs" shall mean Programs which are
designated as Oracle Workgroup/2000 software by Oracle.
2. Notwithstanding Section 3.2 of the Agreement, in consideration for the
services set forth in Section 5.2 of the Agreement to be provided by
Oracle for the Tools Programs, the VAR shall pay technical support fees
to Oracle as follows: For such technical support from the Effective
Date of this Amendment Nine through April 14, 1996, the VAR shall pay to
Oracle a technical support fee in the amount of thirteen thousand one
hundred and twenty-five dollars ($13,125), which shall be due and
payable upon receipt of invoice. Thereafter, the VAR shall pay to
Oracle an annual technical support fee in the amount of fifteen thousand
dollars ($15,000), which shall be due and payable on April 15, 1996, and
each anniversary thereof during the term of the Agreement.
3. For each Limited Use and Full Use Sublicense of the Tools Programs,
except for Limited Use and Full Use Sublicenses of the Workgroup/2000
Programs, the VAR shall pay to Oracle a Sublicense fee at the applicable
Sublicense fee rate set forth in the Agreement.
Notwithstanding any other provision of the Agreement, for each Limited
Use Workgroup/2000 Program Sublicensed by the VAR, the VAR agrees to pay
Oracle a Sublicense fee equal to forty percent (40%) of the applicable
license fee for each such Program, as specified in the applicable Price
List (as defined in the Agreement) and Business Alliance Program Price
List supplement to such Price List in effect at the time the applicable
Programs are Sublicensed to a Sublicensee.
Notwithstanding any other provision of the Agreement, for each Full Use
Workgroup/2000 Program Sublicensed by the VAR, the VAR agrees to pay
Oracle a Sublicense fee equal to seventy percent (70%) of the applicable
licensee fee for each such Program, as specified in the applicable Price
List (as defined in the Agreement) and Business Alliance Program Price
List supplement to such Price List in effect at the time the applicable
Programs are Sublicensed to a Sublicensee.
Other than the modifications set forth above, the terms and conditions of the
Addendum remain unchanged, and in full force and effect.
The Effective Date of this Amendment Nine is June 12, 1995.
SYSTEMS AND COMPUTER
TECHNOLOGY CORPORATION ORACLE CORPORATION
By: /s/ Xxxxx X. Xxxx By: /s/ Xxxxxxxx Xxxxx
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Name: Xxxxx X. Xxxx Name: Xxxxxxxx Xxxxx
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Manager - Western Region
Title: Vice President, Marketing Title: Channels SalesSupport
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