ORACLE UNIVERSITY LEGAL TERMS & POLICIES

Definitions: “You” and “your” refers to the individual or entity that has ordered from Oracle(China) Software Systems Co., Ltd (“Oracle”) or an authorized distributor the Oracle products and/or services specified in your order. The term “products” refers to the software programs and other products owned or distributed by Oracle which you have ordered, including program documentation. The term “services” refers to the education services which you have ordered. A “named user” is an individual authorized by you to use the products which are installed on a single server, regardless of whether the individual is actively using the product at any given time, and is not transferable.

Applicability: this agreement is valid for and governs the order pursuant to which you are accepting these legal terms and policies.

Ordering/Registration Options:Oracle University accepts customer orders for products and student registrations for Instructor-Led Training services via our web site at http://www.oracle.com/education/or via the phone. You can find your Oracle representative's phone number at http://www.oracle.com/global/cn/education/contact.html.

Payment Options: Contact your local Oracle University sales representative to confirm payment options.

Self-Study CD-ROM:: Oracle University Self-Study CD-ROM and Recorded WebClass CD programs may be purchased in different titles and licensed on a named user basis. The titles and quantities licensed to you shall be specified in your order and you are only authorized to access the content in accordance with the terms of your purchase. Included in the license fees for Self-Study CD-ROM and Recorded WebClass CD programs is one year of limited telephone and email support, which is effective upon the effective date of your order. You may obtain such support by emailing Oracle at OUEnrollment_cn@oracle.com or by calling Oracle at the applicable number identified at http://www.oracle.com/education/support/tbt/tbt_support.html.

*Learning Credits:Learning Credits may be used to acquire education products and services offered in the Oracle University online catalogue posted at www.oracle.com/education.. Learning Credits may only be used to acquire products and services at the list price in effect at the time you order the relevant product or service, and may not be used for any product or service that is subject to a discount or a promotion when you acquire the relevant product or service. The list price will be reduced by applying the Learning Credits discount specified at the time of your Learning Credits purchase. Notwithstanding anything to the contrary in the previous three sentences, Learning Credits may also be used to pay taxes, materials and/or expenses related to your order; however, the discount specified in your order will not be applied to such taxes, materials and/or expenses. Learning Credits are valid for a period of 12 months* from the date your order is accepted by Oracle, and you must acquire products and must use any acquired services prior to the end of such period. You may only use Learning Credits in the country in which you acquired them, may not use them as a payment method for additional Learning Credits, and may not use different Learning Credits accounts to acquire a single product or service or to pay related taxes, materials and/or expenses. Learning Credits are non-transferable and non-assignable. You may be required to execute standard Oracle ordering materials when using Learning Credits to order products or services.

*Learning Credits purchased using a Oracle Partner Network (OPN) agreement or any other valid Oracle agreement coterminate with the expiration date on the agreement used for purchase or after the term of 12 months, whichever is sooner. This may impact the term of your Learning Credits.

100% Student Satisfaction Program:Oracle’s 100% Student Satisfaction program applies to those publicly scheduled and publicly available Oracle University Instructor Led Training classes that are identified as part of the 100% Student Satisfaction program on the www.oracle.com/education website at the time the class is purchased.  In the event that a student who has completed such a class and been present for all of the offering is not, in his/her reasonable opinion, satisfied with the class, then the student must notify Oracle by emailing OUStudentSat-APAC_ww@oracle.com within 5 business days of the completion of the class. Oracle will then permit the student to retake the same version of the same class title (or at the student’s option, the equivalent class provided online, if available) once more for free within 90 days of Oracle’s receipt of the notification (or if it is not available during such 90 day period, as soon as the class is available thereafter at the same location or within 50 miles therefrom). The Student Satisfaction program does not apply: (i) to the retaken class; (ii) if the student is not able to satisfy the above criteria for reasons beyond Oracle’s reasonable control. Oracle is not responsible for any applicable taxes, transportation costs, lodging costs or other expenses or costs related to the retake. Oracle has the option, at its sole discretion, of providing a refund for the class fees in lieu of permitting a class retake if for any reason, including scheduling, Oracle considers a refund to be appropriate. This is the sole remedy and Oracle’s exclusive liability in the event that a student is not satisfied with the class.

Confirmation Process: Oracle University will send you a confirmation email or letter for all Instructor –Led Training and Live Web Class registrations and all other orders booked by Oracle University. Most travel information, including hotels and maps to training locations, are available on our web site at http://www.oracle.com/education/select_country.html

Product Orders and Shipment: Once you place an order, the payment obligation is non-cancelable and the sum paid is nonrefundable. Orders for shippable products are generally shipped within 7-10 days of an order being placed. If you do not receive your shipment within 3 weeks of placing your order, or if you believe that the contents of your order were damaged during shipping or are defective, please call your Oracle representative.

Electronic Distribution of Self-Study CD ROM (SSCD):Oracle has made available to you for electronic download at the electronic delivery web site located at the following Internet URL: http://edelivery.oracle.comthe SSCD programs listed in your order.  Through the Internet URL, you can access and electronically download to your location the SSCD programs listed in your order.  Please be advised that not all programs are available on all hardware/operating system combinations.  For current program availability, please check the electronic delivery web site specified above.  You acknowledge that Oracle is under no further delivery obligation for the SSCD programs listed in your order, electronic download or otherwise.  Customer shall be responsible for installation of the SSCD software.

Oracle University Knowledge Center Service:is defined as a web based learning environment hosted by Oracle that provides on demand access to either an individual Oracle University training course (“Online Course”) or to all (or limited content subsets) of the Oracle University training courses available on the Knowledge Center website (“Passport”).  The Oracle University Knowledge Center service is available at http://www.oracle.com/education/oukc//, and is made available to you subject to the terms of this agreement and Oracle University's Online Hosting Access Policies, which are located at http://www.oracle.com/education/oukc/hosting_policies.htmland may be updated by Oracle from time to time without notice to you.  Online Courses and Passports are made available on a membership basis.  In the event that any Oracle programs are made available for download as part of the service, then use of such programs is subject to the terms of this agreement.  If you acquire the Oracle University Knowledge Center service, the term shall be one year from the effective date of your order. .  NOTWITHSTANDING ANYTHING TO THE CONTRARY IN YOUR AGREEMENT, ORACLE DOES NOT WARRANT THAT THE ORACLE UNIVERSITY KNOWLEDGE CENTER SERVICE WILL BE PROVIDED UNINTERRUPTED OR ERROR-FREE.

OCP eVoucher: Oracle Certification eVoucher:The Certification eVoucher is valid for 12 months and is not valid after the expiration date on the Certification eVoucher. The Certification eVoucher expiration date cannot be extended. Certification exams must be completed no later than the expiration date on the Certification eVoucher. The Certification eVoucher can be used by one person, one time, for one exam discount/fee only. The Certification eVoucher is non-refundable and non-cancelable and cannot be redeemed for cash or credit. Neither Prometric, Authorized Prometric Testing Centers, nor Oracle and its partners is responsible for a Certification eVoucher that is lost or stolen. The Certification eVoucher is void if altered or revised in any way. The Certification eVoucher may be used by the Purchaser only, except as permitted by a valid Oracle reseller agreement.

Instructor-Led Training Waitlists: Oracle University accepts participant requests for registration into full Instructor-Led Training and Live Web Class events. If space becomes available, participants will be placed into the class and notified. Participants will have 3 days to cancel; thereafter our regular cancellation policy will apply as applicable.

Fees, Taxes and Invoices: All fees payable to Oracle are due per the terms stated in your order. You agree to pay any sales, value-added, goods and services or other similar taxes imposed by applicable law that Oracle must pay based on the products and/or services you ordered, except for taxes based on Oracle’s income. Also, you will reimburse Oracle for reasonable expenses related to providing the services. Notwithstanding the preceding sentence, expenses for private/onsite classes shall be charged on a per diem basis as specified at the time of your order on our website at http://www.oracle.com/education/privateevents.html. Fees for services listed in your order, located on our web site at http://www.oracle.com/education// or quoted via the phone are exclusive of taxes and expenses. 

You will be charged using the current pricing in effect at the time of your confirmed order placement.

Pricing is only guaranteed if you have a written quote from Oracle University. For orders placed against a quote from Oracle University, you must accept the quote and provide a valid commitment to pay within the quote validity period.

For Oracle University products, you are charged or invoices when the products are shipped or distributed electronically as noted above. For Oracle University Instructor-Led Training and Instructor-Live Web Class events you will be charged or invoiced after class attendance.

Class Cancellation/Rescheduling Policy:Oracle may cancel or reschedule a class at its discretion, and if it does, will use reasonable efforts to notify you at least one week in advance. You will not be charged for the Oracle cancellation or rescheduling.  Please notify us as soon as possible of any changes in your scheduled training. You must call your Oracle representative to cancel or reschedule a class.

• * Oracle University eKit Downloads : Notwithstanding anything to the contrary above, once you have downloaded OU eKit materials for an OU eKit-supported event, the class fee becomes fully payable and non-refundable and Oracle will assess 100% of the class fee.
• * Student Kit : Notwithstanding anything to the contrary above, if you elect to purchase a hard copy Student Kit as a supplement to your OU eKit materials, once you have placed your order and the student kit has shipped, the class fee becomes fully payable and non-refundable and Oracle will assess 100% of the class fee.

Student Kit Materials: 
Except in very limited circumstances, Oracle does not authorize the sale of OU Student Kit materials by third parties. Students that were unable to attend a confirmed class due to unforeseen reasons and have paid the 100% cancellation fee per the terms of the Class Cancellation Policy, may request a copy of the Student Kit Materials used in conjunction with the class.  Students must make this request to their Oracle University sales representative within 60 days of the originally scheduled class.

Oracle University eKit:
Oracle now supports the electronic delivery of Student Kit Materials, Oracle University eKit, to you for certain events.  As part of the registration process, you will be asked to provide an e-mail address so that Oracle may send you a secure activation key that you can use to download the OU eKit materials.  Generally, hardcopy Student Kit Materials will no longer be provided in the classroom for OU eKit-supported classes.  As noted in the Class Cancelling/Rescheduling Policy above, class fees are fully payable and non-refundable once you have downloaded the eKit materials (regardless of how far in advance of the class date you undertake the download). For more details regarding the general OU eKit delivery and download process, go to http://www.oracle.com/global/cn/education/ekit_terms_policies110108.html

Instructor-Led Training Classroom Environment: Participants are requested to sign in 15 minutes before the start of class on the first day. Business casual attire is appropriate. Course materials and equipment are provided by Oracle University. Oracle University classes are conducted with a team learning methodology. Participants should come to class prepared to enhance the learning experience by discussing course topics with a lab partner.

Rights Granted: Upon Oracle’s acceptance of your order, you have the limited right to use the products and receive any services you ordered solely for your internal business operations. Any materials that Oracle provides to you in a class may be used solely by the students participating in that class for the purpose of taking the class.

Ownership and Restrictions: Oracle retains all ownership and intellectual property rights to the products and anything developed by Oracle and delivered to you under your order resulting from the services. You may make a sufficient number of copies of each program for your licensed use and one copy copy of each program media.

You may not

• remove or modify any program markings or any notice of Oracle’s proprietary rights;
• make the products or materials resulting from the services available in any manner to any third party for use in the third party’s business operations (unless such access is expressly permitted for the specific program license or materials from the services you have acquired);
• cause or permit reverse engineering (unless required by law for interoperability), disassembly or decompilation of the products;
• disclose results of any program benchmark tests without Oracle’s prior written consent; or
• disclose any materials that Oracle provides to you in a class for a period of three years from the date of disclosure.

Warranty: THE PRODUCTS AND SERVICES ARE PROVIDED "AS IS". ORACLE DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.

Limitation of Liability: NEITHER PARTY SHALL BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES, OR ANY LOSS OF PROFITS, REVENUE, DATA, OR DATA USE. ORACLE’S MAXIMUM LIABILITY FOR ANY DAMAGES ARISING OUT OF OR RELATED TO YOUR ORDER, WHETHER IN CONTRACT OR TORT, OR OTHERWISE, SHALL BE LIMITED TO THE TOTAL FEES PAID UNDER YOUR ORDER.

Export: Export laws and regulations of the United States and any other relevant local export laws and regulations apply to the programs. You agree that such export control laws govern your use of the programs (including technical data) and any services deliverables provided under this agreement, and you agree to comply with all such export laws and regulations (including “deemed export” and “deemed reexport” regulations); additional information can be found on Oracle’s Global Trade Compliance web site which can be accessed at http://oracle.com/contracts. You agree that no data, information, program and/or materials resulting from services (or direct product thereof) will be exported, directly or indirectly, in violation of these laws, or will be used for any purpose prohibited by these laws including, without limitation, nuclear, chemical, or biological weapons proliferation, or development of missile technology.

Privacy:Oracle University may collect certain information from you in connection with your registration for, and Oracle’s provision of, certain products and services.  Oracle University will abide by the Oracle Privacy Policy, a current version of which is set forth at http://www.oracle.com/html/privacy.html.

Other:

You agree that this agreement and the information which is incorporated into this agreement by written reference (including reference to information contained in a URL or referenced policy), together with the applicable order, are the complete agreement for the products and/or services ordered by you, and that this agreement supersedes all prior or contemporaneous agreements or representations, written or oral, regarding such products and/or services. If any term of this agreement is found to be invalid or unenforceable, the remaining provisions will remain effective. It is expressly agreed that the terms of this agreement and any Oracle ordering document shall supersede the terms in any purchase order or other non-Oracle ordering document and no terms included in any such purchase order or other non-Oracle ordering document shall apply to the products and/or services ordered. This agreement and ordering documents may not be modified and the rights and restrictions may not be altered or waived except in a writing signed or accepted online through the Oracle Store by authorized representatives of you and of Oracle. Any notice required under this agreement shall be provided to the other party in writing.

This agreement is governed by the substantive and procedural laws of the People’s Republic of China and you and Oracle agree to submit to the exclusive jurisdiction of, and venue in, the courts of the People’s Republic of China in Beijing in any dispute arising out of or relating to this agreement.

You agree to the following, and in the event any of your employees register to take an Oracle class under your order, you will inform them that they will be required to agree to the following in order to participate in the class:

“In consideration for being granted access to the Oracle class location (the “Premises”), you hereby waive any and all claims against Oracle(China) Software Systems Co., Ltd and the owners of the Premises (if Oracle is not the owner), and their officers, directors, employees and agents (the “Released Parties”) for loss, theft, destruction or damage to any property, including without limitation the business or personal property of your or your employees, agents, guests, invitees or representatives, in, on, or about the Premises, and for injuries to you or your employees, agents, guests, invitees or representatives, in, on, or about the Premises. The Released Parties shall bear no responsibility for the safety of your or your employees, agents, guests, invitees or representatives or their business or personal property while in, on, or about the Premises. This paragraph does not apply to any damages directly caused by the Released Parties’ gross negligence or intentional misconduct.”