|ORACLE UNIVERSITY LEGAL TERMS & POLICIES |
Last Updated: January 17, 2008
Definitions: “You” and “your” refers to the individual or entity that has ordered from Oracle Nederland B.V. (“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/nl/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 ESD_NL@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 http://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 ESD_NL@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.com the 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.
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. TheCertification 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 Pearson Vue, Authorized Pearson Vue 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.
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 invoiced 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.
Student Kit Materials:
Oracle University eKit:
Instructor-Led Training Classroom Environment:
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
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.
This agreement is governed by the substantive and procedural laws of The Netherlandsand you and Oracle agree to submit to the exclusive jurisdiction of, and venue in, the courts in Utrechtin 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 Nederland B.V. 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.”