13 BB. Definitions and Licensing Rules Your use and distribution of programs are governed by the definitions and licensing rules contained in this contract and available under (you must register, select the Home tab and select the Portlet “Manage Your Membership”) and the corresponding order document. These licensing definitions and rules may change and may include additional conditions for licensing metrics and other program rules, but do not change the conditions applicable to your right to distribute programs. The effective date of this contract is 200 euros [to be completed by Oracle] PARTNER: PARTNER ADDRESS: PARTNER FAX NO:Authorized Signature: Signature: Signature Date: Accord No: ORACLE USA, INC. Authorized Signature: Name: Signature Date: [to be completed by Oracle] OPN. ESL.v Page 13 of 1 ORACLE PARTNERNETWORK EMBEDDED SOFTWARE LICENSE DISTRIBUTION AGREEMENT This agreement to distribute embedded software licenses contains the terms and definitions below, as well as all orders and/or monthly reports you submit. This agreement will not be valid until Oracle has accepted it. If Oracle agrees, it will notify you and the terms of this contract will apply. a. You and you are referring to the entity that entered into this agreement with Oracle USA, Inc.
(Oracle) to distribute Oracle programs with the package of applications and your majority owned subsidiaries. You guarantee that you have the right to marry your subsidiaries who are majority owned under this Agreement and any order applicable with Oracle and/or Report, and to continue to ensure that you are liable for a violation of these Terms by your majority subsidiaries. The term “ancillary programs” refers to third-party documents provided with the programs, as indicated in the order document or in the program documentation. The term “application package” refers to your application program, which is described in the corresponding notification form for application packages, and which aims to include programs and distribute them to an end user. You must complete a registration form for the application package for each application file. The term application program refers to the application program or physical device that you have developed, designed for execution on Oracle and which meets the following requirements: (1) The application program or physical device must be commercially available and be included in your standard product catalog or price list. (2) the application program or physical device must be accompanied by end-user documentation; and (3) The application program or physical device must be marketed for multiple end-users and should not be intended for the exclusive use of an end user or a specific group. The concept of distribution rights refers to the right to duplicate the programs you receive from Oracle in order to distribute them to an end-user embedded in the application package in accordance with the terms of that agreement. The term embedded refers to the following requirements that the application package must meet: (i) programs must be packaged, installed and configured as an integrated component on the product media or media of the application program. When loading the software, the application software must launch Oracle Universal`s (YES) installer in silent mode to install the programs.
The app package should contain pre-defined configurations for the programs you include.