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HomeMy WebLinkAboutItem 13 Database Software Purchase for P41024, Asset Management System Replacement AGENDA ITEM SUMMARY Meeting Date: 12/5/2011 Meeting Type:Regular Meeting Staff Contact/Dept.: Len Goodwin/ Brandt Melick Staff Phone No: 541-726-3685/ 541-726-4645 Estimated Time: Consent Calendar S P R I N G F I E L D C I T Y C O U N C I L Council Goals: Maintain and Improve Infrastructure and Facilities ITEM TITLE: DATABASE SOFTWARE PURCHASE FOR P41024; ASSET MANAGEMENT SYSTEM REPLACEMENT ACTION REQUESTED: Approve or reject the following motion: Approve purchase of Oracle Database Management Software (DBMS) for the Asset Management System Replacement Project from Mythics for $139,424.04 and authorize and direct the City Manager to execute all documents required to effect the transaction. ISSUE STATEMENT: The Asset Management System Replacement Project requires new Database Management Software (DBMS) to support mapping functions, facilities management functions, data sharing functions with other systems and data sharing with other organizations. Purchase of this DBMS at $139,424.04 is prerequisite to other aspects of this project. ATTACHMENTS: 1. Oracle Comparative Quotes 2. GSA Contract DISCUSSION/ FINANCIAL IMPACT: During the November 28, 2011 Council Work Session staff explained the failing asset management system as linked systems of hardware and software, and the stored data City staff has assembled over the years. Staff also described how this system, supported and maintained by Public Works, provides a variety of core services across the City; the current condition of the system and the need for its replacement; the total cost for replacement (which included the purchase of this DBMS), and how the City could fund system replacement. Staff also explained that the City would purchase portions of the asset management system software and support services from different vendors, such as this request for DBMS purchase, over the next several months. A team composed of Public Works (PW) and Information Technologies (IT) staff began evaluating DBMS software needs in FY11, performed detailed analysis, and evaluated several DBMS software solutions. Staff chose the Oracle DBMS software because it: 1) supports complex GIS information needed by the City; 2) maintains certification with leading consortia and standards committees that promote data sharing; 3) simplifies system administration; and 4) is the only DBMS certified by the City’s GIS software provider. The team collaborated with the City’s Finance Department and the City Attorney’s Office for procurement. As a result, the City will leverage a federal Government Services Administration (GSA) agreement to purchase the Oracle DBMS through a third-party vendor, Mythics. Under the GSA, should council approve, the City will enjoy a 53% price discount and pay $139,424.04 across multiple funds. By comparison, the calendar year 2012 GSA pricing is $189,000 and the open market price is approximately $300,000. ATTACHMENT   1  ORACLE   COMPARATIVE  QUOTES VARQuote  No.Quote  TermManufactureProduct   No.Product  Name GSA  Contract  No. GSA  Contract  Term Metric Open  Market   (OM)  Product  Price OM   Software  Maintenance  Price Quantity OM  ‐  GSA  Products  Discount GSA  Product  Price OM  ‐  GSA  Maint  Discount GSA  Software  Maintenance  Price DLT,   Solutions414540712/17/2011   Oracle  America,  Inc    9891‐ 1806 Oracle  Database   Enterprise  Edition   GS ‐ 35F ‐ 4543G5/31/2012Processor  License   (perpetual/concurrent)$104,025$22,886345.21%$57,000.0045.21%$12,540.00 DLT,   Solutions414540712/17/2011   Oracle  America, Inc    9891‐ 1870Oracle  Tuning   PackGS‐ 35F ‐ 4543G5/31/2012Processor  License   (perpetual/concurrent)$10,950$2,409360.55%$4,320.0060.55%$950.40 DLT,   Solutions414540712/17/2011   Oracle  America,  Inc    9891‐ 1868Oracle  Diagnostics   PackGS‐ 35F ‐ 4543G5/31/2012Processor  License   (perpetual/concurrent)$10,950$2,409360.55%$4,320.0060.55%$950.40 DLT,   Solutions414540712/17/2011   Oracle  America,  Inc    9891‐ 1852Oracle  SpatialGS ‐ 35F ‐ 4543G5/31/2012Processor  License   (perpetual/concurrent)$38,325$8,432362.47%$14,385.0062.47%$3,164.70 DLT,   Solutions414540712/17/2011   Oracle  America,  Inc    9891‐ 1798 Oracle  Database   Enterprise  Edition   GS ‐ 35F ‐ 4543G5/31/2012Named  User  Plus    (perpetual/concurrent)$52,013$11,4437545.21%$28,500.0045.21%$6,270.00 DLT,   Solutions414540712/17/2011  Oracle  America,  Inc    9891‐ 1836Oracle  Tuning   PackGS‐ 35F ‐ 4543G5/31/2012Named  User  Plus    (perpetual/concurrent)$5,475$1,2057560.55%$2,160.0060.52%$475.50 DLT,   Solutions414540712/17/2011   Oracle  America,  Inc    9891‐ 1834Oracle  Diagnostics   PackGS‐ 35F ‐ 4543G5/31/2012Named  User  Plus    (perpetual/concurrent)$5,475$1,2057560.55%$2,160.0060.52%$475.50 DLT,   Solutions414540712/17/2011   Oracle  America,  Inc    9891‐ 1818Oracle  SpatialGS ‐ 35F ‐ 4543G5/31/2012Named  User  Plus    (perpetual/concurrent)$16,425$3,6147556.21%$7,192.5056.21%$1,582.50$243,638$53,600$120,037.50$26,409.00$297,238$146,446.50 MythicsLS ‐ COS   DBEE   12/30/2011   Oracle  America,  Inc    A90611 Oracle  Database   Enterprise  Edition   GS ‐ 35F ‐ 0153M12/18/2011Processor  License   (perpetual/concurrent)$120,000$26,400354.65%$54,420.0054.65%$11,972.40 MythicsLS ‐ COS   DBEE   12/30/2011   Oracle  America,  Inc    A90650Oracle  Tuning   PackGS‐ 35F ‐ 0153M12/18/2011Processor  License   (perpetual/concurrent)$9,000$1,980354.65%$4,081.5054.65%$897.93 MythicsLS ‐ COS   DBEE   12/30/2011   Oracle  America,  Inc    A90649Oracle  Diagnostics   PackGS‐ 35F ‐ 0153M12/18/2011Processor  License   (perpetual/concurrent)$9,000$1,980354.65%$4,081.5054.65%$897.93 MythicsLS ‐ COS   DBEE   12/30/2011   Oracle  America,  Inc    A90621Oracle  SpatialGS ‐ 35F ‐ 0153M12/18/2011Processor  License   (perpetual/concurrent)$30,000$6,600354.65%$13,605.0054.65%$2,993.10 MythicsLS ‐ COS   DBEE   12/30/2011   Oracle  America,  Inc    L10001 Oracle  Database   Enterprise  Edition   GS ‐ 35F ‐ 0153M12/18/2011Named  User  Plus    (perpetual/concurrent)$60,000$13,2007554.65%$27,210.0054.65%$5,986.20 MythicsLS ‐ COS   DBEE   12/30/2011   Oracle  America,  Inc    L10013Oracle  Tuning   PackGS‐ 35F ‐ 0153M12/18/2011Named  User  Plus    (perpetual/concurrent)$4,500$9907554.65%$2,040.7554.65%$448.97 MythicsLS ‐ COS   DBEE   12/30/2011   Oracle  America,  Inc    L10012Oracle  Diagnostics   PackGS‐ 35F ‐ 0153M12/18/2011Named  User  Plus    (perpetual/concurrent)$4,500$9907554.65%$2,040.7554.65%$448.97 MythicsLS ‐ COS   DBEE   12/30/2011   Oracle  America,  Inc    L10009Oracle  SpatialGS ‐ 35F ‐ 0153M12/18/2011Named  User  Plus    (perpetual/concurrent)$15,000$3,3007554.65%$6,802.5054.65%$1,496.55$252,000$55,440$114,282.00$25,142.05$307,440$139,424.05 AffigentC ‐ MRY000589 12/9/2011   Oracle  America,  Inc    A90611 Oracle  Database   Enterprise  Edition   GS ‐ 35F ‐ 0509S12/29/2011Processor  License   (perpetual/concurrent)$120,000$26,400352.63%$56,842.1152.63%$12,505.26 AffigentC ‐ MRY000589 12/9/2011   Oracle  America,  Inc    A90650Oracle  Tuning   PackGS‐ 35F ‐ 0509S12/29/2011Processor  License   (perpetual/concurrent)$9,000$1,980352.63%$4,263.1552.63%$937.89 AffigentC ‐ MRY000589 12/9/2011   Oracle  America,  Inc    A90649Oracle  Diagnostics   PackGS‐ 35F ‐ 0509S12/29/2011Processor  License   (perpetual/concurrent)$9,000$1,980352.63%$4,263.1552.63%$937.89 AffigentC ‐ MRY000589 12/9/2011   Oracle  America,  Inc    A90621Oracle  SpatialGS ‐ 35F ‐ 0509S12/29/2011Processor  License   (perpetual/concurrent)$30,000$6,600352.63%$14,210.5252.63%$3,126.33 AffigentC ‐ MRY000589 12/9/2011   Oracle  America,  Inc    L10001 Oracle  Database   Enterprise  Edition   GS ‐ 35F ‐ 0509S12/29/2011Named  User  Plus    (perpetual/concurrent)$60,000$13,2007552.63%$28,421.2552.63%$6,252.75 AffigentC ‐ MRY000589 12/9/2011   Oracle  America,  Inc    L10013Oracle  Tuning   PackGS‐ 35F ‐ 0509S12/29/2011Named  User  Plus    (perpetual/concurrent)$4,500$9907552.63%$2,131.5052.65%$468.75 AffigentC ‐ MRY000589 12/9/2011   Oracle  America,  Inc    L10012Oracle  Diagnostics   PackGS‐ 35F ‐ 0509S12/29/2011Named  User  Plus    (perpetual/concurrent)$4,500$9907552.63%$2,131.5052.65%$468.75 AffigentC ‐ MRY000589 12/9/2011   Oracle  America,  Inc    L10009Oracle  SpatialGS ‐ 35F ‐ 0509S12/29/2011Named  User  Plus    (perpetual/concurrent)$15,000$3,3007552.63%$7,105.5052.64%$1,563.00$252,000$55,440$119,368.68$26,261.11$307,440$145,629.79 2011  Oracle   Comparative  Cost  Sheet AUTHORIZED FEDERAL ACQUISITION SERVICE INFORMATION TECHNOLOGY SCHEDULE PRICELIST GENERAL PURPOSE COMMERCIAL INFORMATION TECHNOLOGY EQUIPMENT, SOFTWARE AND SERVICES Special Item No. 132-8 Purchase of New Equipment Special Item No. 132-12 Equipment Maintenance Special Item No. 132-32 Term Software Licenses Special Item No. 132-33 Perpetual Software Licenses Special Item No. 132-34 Maintenance of Software Special Item No.132-51 Information Technology Professional Services SIN 132-8 – PURCHASE OF NEW EQUIPMENT FSC/PSC Class 7010 ADPE SYSTEM CONFIGURATION Servers SIN 132-12 EQUIPMENT MAINTENANCE FSC/PSC Class J070 MAINT-REP OF ADP EQ & SUPPLIES Maintenance Repair Parts/Spare Parts Repair Service SIN 132-32 - TERM SOFTWARE LICENSES FSC CLASS 7030 - INFORMATION TECHNOLOGY SOFTWARE Large Scale Computers Operating System Software C672Attachment 2, Page 1 of 104 Mythics, Inc. GS-35F-0153M Pg 2 Application Software Electronic Commerce (EC) Software Utility Software Communications Software Core Financial Management Software Ancillary Financial Systems Software Special Physical, Visual, Speech, and Hearing Aid Software Microcomputers Application Software Operating System Software Electronic Commerce (EC) Software Utility Software Communications Software Core Financial Management Software Ancillary Financial Systems Software Special Physical, Visual, Speech, and Hearing Aid Software NOTE: Offerors are encouraged to identify within their software items any component interfaces that support open standard interoperability. An item’s interfaces may be identified as interoperable on the basis of participation in a Government agency-sponsored program or in an independent organization program. Interfaces may be identified by reference to an interface registered in the component registry located at http://www.core.gov. SIN 132-33 - PERPETUAL SOFTWARE LICENSES FSC CLASS 7030 - INFORMATION TECHNOLOGY SOFTWARE Large Scale Computers Operating System Software Application Software Electronic Commerce (EC) Software Utility Software Communications Software Core Financial Management Software Ancillary Financial Systems Software Special Physical, Visual, Speech, and Hearing Aid Software Microcomputers Operating System Software Application Software Electronic Commerce (EC) Software Utility Software Communications Software Core Financial Management Software Ancillary Financial Systems Software Special Physical, Visual, Speech, and Hearing Aid Software C672Attachment 2, Page 2 of 104 Mythics, Inc. GS-35F-0153M Pg 3 NOTE: Offerors are encouraged to identify within their software items any component interfaces that support open standard interoperability. An item’s interface may be identified as interoperable on the basis of participation in a Government agency-sponsored program or in an independent organization program. Interfaces may be identified by reference to an interface registered in the component registry located at http://www.core.gov SIN 132-34 - MAINTENANCE OF SOFTWARE SIN 132-51 - INFORMATION TECHNOLOGY (IT) PROFESSIONAL SERVICES FPDS Code D306 IT Systems Analysis Services FPDS Code D311 IT Data Conversion Services FPDS Code D316 IT Network Management Services FPDS Code D399 Other Information Technology Services, Not Elsewhere Classified Note 1: All non-professional labor categories must be incidental to and used solely to support hardware, software and/or professional services, and cannot be purchased separately. Note 2: Offerors and Agencies are advised that the Group 70 – Information Technology Schedule is not to be used as a means to procure services which properly fall under the Brooks Act. These services include, but are not limited to, architectural, engineering, mapping, cartographic production, remote sensing, geographic information systems, and related services. FAR 36.6 distinguishes between mapping services of an A/E nature and mapping services which are not connected nor incidental to the traditionally accepted A/E Services. Note 3: This solicitation is not intended to solicit for the reselling of IT Professional Services, except for the provision of implementation, maintenance, integration, or training services in direct support of a product. Under such circumstances the services must be performance by the publisher or manufacturer or one of their authorized agents. C672Attachment 2, Page 3 of 104 Mythics, Inc. GS-35F-0153M Pg 4 MYTHICS, INC. 1439 N. Great Neck Road, Suite 201 Virginia Beach, VA 23454-1347 Telephone: (757) 412-4362 Fax: (757) 412-1060 Internet: http://www.mythics.com Contract Number: GS-35F-0153M Period Covered By Contract: 12/19/01 through 12/18/11 Current through GSA Mod P0-0144, effective 9-21-11 General Acquisition Administration Federal Acquisition Service Products and ordering information in this Authorized FAS Information Technology Schedule Pricelist are also available on the GSA Advantage! System. Agencies can browse GSA Advantage! by accessing the Federal Acquisition Service’s Home Page via the Internet at http://www.fss.gsa.gov/ C672Attachment 2, Page 4 of 104 Mythics, Inc. GS-35F-0153M Pg 5 TABLE OF CONTENTS Pgs SECTION I - INFORMATION FOR ORDERING ACTIVITIES APPLICABLE TO ALL SPECIAL 6-16 ITEM NUMBERS. SECTION II – TERMS AND CONDITIONS APPLICABLE TO THE PURCHASE 17-19 OF NEW EQUIPMENT (SPECIAL ITEM NUMBER 132-8) SECTION III - TERMS AND CONDITIONS APPLICABLE TO MAINTENANCE FOR 20-22 GOVERNMENT-OWNED GENERAL PURPOSE COMMERCIAL INFORMATION TECHNOLOGY EQUIPMENT, RADIO/TELEPHONE EQUIPMENT, (AFTER EXPIRATION OF GUARANTEE/WARRANTY PROVISIONS AND/OR WHENREQUIRED SERVICE IS NOT COVERED BY GUARANTEE/WARRANTY PROVISIONS) AND FOR LEASED EQUIPMENT SPECIAL ITEM NUMBER 132-12 SECTION IV - TERMS AND CONDITIONS APPLICABLE TO TERM LICENSES (SPECIAL ITEM 23-27 NUMBER 132-32), PERPETUAL SOFTWARE LICENSES (SPECIAL ITEM NUMBER 132-33), AND MAINTENANCE (SPECIAL ITEM NUMBER 132-34) OF GENERAL PURPOSE COMMERCIAL INFORMATION TECHNOLOGY SOFTWARE. SECTION V - TERMS AND CONDITIONS APPLICABLE TO INFORMATION TECHNOLOGY 28-33 (IT) PROFESSIONAL SERVICES (SPECIAL ITEM NUMBER 132-51). SECTION VI - USA COMMITMENT TO PROMOTE SMALL BUSINESS PARTICIPATION 34 PROCUREMENT PROGRAMS SECTION VII - BEST VALUE BLANKET PURCHASE AGREEMENT FEDERAL SUPPLY SCHEDULE 35-37 SECTION VIII - BASIC GUIDELINES FOR USING “CONTRACTOR TEAM ARRANGEMENTS” 38 GSA OFFERINGS 39-366 APPENDIX I - ORACLE AMERICA, INC LICENSE DEFINITIONS AND RULES 367-385 APPENDIX II – PRODUCT FOOTNOTES 386--400 APPENDIX III – ORACLE AMERICA, INC SUPPLEMENTAL TERMS AND CONDITIONS 401-405 APPENDIX IV – ORACLE AMERICA, INC FOOTNOTES AND DEFINITIONS FOR VM 406-407 SUPPORT AND LINUX APPENDIX V – ORACLE AMERICA, INC LINUX AND ORACLE AMERICA, INC VM SUPPORT SUPPLEMENT 408-410 TERMS AND CONDITIONS APPENDIX VI – EXADATA SUPPLEMENTAL TERMS AND CONDITIONS 411-427 C672Attachment 2, Page 5 of 104 Mythics, Inc. GS-35F-0153M Pg 6 SECTION 1 INFORMATION FOR ORDERING ACTIVITIES APPLICABLE TO ALL SPECIAL ITEM NUMBERS SPECIAL NOTICE TO AGENCIES: Small Business Participation SBA strongly supports the participation of small business concerns in the Federal Supply Schedules Program. To enhance Small Business Participation SBA policy allows agencies to include in their procurement base and goals, the dollar value of orders expected to be placed against the Federal Supply Schedules, and to report accomplishments against these goals. For orders exceeding the micropurchase threshold, FAR 8.404 requires agencies to consider the catalogs/pricelists of at least three schedule contractors or consider reasonably available information by using the GSA Advantage! on- line shopping service (www.fss.gsa.gov). The catalogs/pricelists, GSA Advantage! and the Federal Supply Service Home Page (www.fss.gsa.gov) contains information on a broad array of products and services offered by small business concerns. This information should be used as a tool to assist ordering activities in meeting or exceeding established small business goals. It should also be used as a tool to assist in including small, small disadvantaged, and women-owned small businesses among those considered when selecting pricelists for a best value determination. For orders exceeding the micropurchase threshold, customers are to give preference to small business concerns when two or more items at the same delivered price will satisfy their requirement. 1. GEOGRAPHIC SCOPE OF CONTRACT: Domestic delivery is delivery within the 48 contiguous states, Alaska, Hawaii, Puerto Rico, Washington, DC, and U.S. Territories. Domestic delivery also includes a port or consolidation point, within the aforementioned areas, for orders received from overseas activities. Overseas delivery is delivery to points outside of the 48 contiguous states, Washington, DC, Alaska, Hawaii, Puerto Rico, and U.S. Territories. [ X ] The Geographic Scope of Contract will be domestic delivery only. 2. CONTRACTOR’S ORDERING ADDRESS AND PAYMENT INFORMATION: a. Ordering and Remit To Address: Mythics, Inc. 1439 N. Great Neck Road, Suite 201 Virginia Beach, VA 23454-1347 b. Contractors are required to accept credit cards for payments equal to or less than the micro-purchase threshold for oral or written delivery orders. Credit cards will be and below the maximum order threshold. Credit card payments may not be accepted for services with extended delivery terms. In addition, bank account information for wire transfer payments will be shown on the invoice. c. Pursuant to the changes clause at FAR 52.212-4(c) of Mythics’ contract, Mythics and an ordering activity may agree in writing in an order to bilateral changes, which pertain to the order. In no event may an ordering activity unilaterally impose additional terms, conditions or other requirements (e.g., Representations and Certifications or agency supplemental clauses) upon Mythics by virtue of their unilateral incorporation in or attachment to an order. In no event shall any additional terms, including any terms that are preprinted, attached to, or referenced in an order have any force or effect without the express written agreement of Mythics and the ordering activity. Within five (5) workdays of receipt of an order from an eligible non-federal ordering activity authorized to use this GSA Schedule C672Attachment 2, Page 6 of 104 Mythics, Inc. GS-35F-0153M Pg 7 under the Cooperative Purchasing Program (entities identified in paragraph (d) of the clause at GSAR 552.238- 78(d)(including, state, local, regional, or tribal government entities, local educational agencies and institutions of higher learning), Mythics will provide to the ordering activity as to whether such order will be accepted. d. Ordering activities agree that they have not relied on the future availability of any programs or releases in entering into an order. e. The following telephone number can be used by ordering activities to obtain technical and/or ordering assistance: 757-412.4362 f. When Authorized Dealers are allowed by the Contractor to bill ordering activities and accept payment, the order and/or payment must be in the name of the Contractor, in care of the Authorized Dealer. Authorized Resellers’ Ordering and Remit to Addresses: SEK Solutions, LLC Mythics Professional Services 25459 Dabner Drive 8133 Leesburg Pike, Suite 400 Chantilly, VA 20152 Vienna, VA 22182 POC: Edna Davis POC: Pat Hillier, President Phone: 703-327-9834 Phone: 703-582-1437 Fax: 703-327-9835 Fax: 703-289-6673 Emergent, LLC Iron Brick 8133 Leesburg Pike, Suite 400 8133 Leesburg Pike, Suite 400 Vienna, VA 22182 Vienna, VA 22182 POC: Paul Kohler POC: Jeff Morrow Phone: 703-288-3686 Phone: 703-364-2189 Fax: 703-288-4287 Fax: 703-288-4287 3. LIABILITY FOR INJURY OR DAMAGE Mythics agrees to indemnify an ordering activity from bodily injury and/or tangible personal property damage caused by the intentionally wrongful or grossly negligent acts or omissions of Mythics or its employees while on an ordering activity’s premises, to the extent such actions or omissions were not caused by the ordering activity or any third party, and to the extent such damages were not caused from the use of any software. For purposes of this section, “tangible personal property” shall not include software, documentation, data, or data files. 4. STATISTICAL DATA FOR GOVERNMENT ORDERING OFFICE COMPLETION OF STANDARD FORM 279: Block 9: G. Order/Modification Under Federal Schedule Block 16: Data Universal Numbering System (DUNS) Number: 013358002 Block 30: Type of Contractor - B. Other Small Business Block 31: Woman-Owned Small Business - No Block 36: Contractor's Taxpayer Identification Number (TIN): 541987871 4a. CAGE Code: 1TA34 4b. Contractor has registered with the Central Contractor Registration Database. 5. FOB DESTINATION C672Attachment 2, Page 7 of 104 Mythics, Inc. GS-35F-0153M Pg 8 6. DELIVERY SCHEDULE a. TIME OF DELIVERY: The Contractor shall deliver to destination within the number of calendar days after receipt of order (ARO), as set forth below: SPECIAL ITEM NUMBER DELIVERY TIME (Days ARO) 132-8 60 Days 132-12 60 Days 132-32 7 Days 132-33 7 Days 132-34 7 Days 132-51 As mutually agreed b. URGENT REQUIREMENTS: When the Federal Supply Schedule contract delivery period does not meet the bona fide urgent delivery requirements of an ordering activity, ordering activities are encouraged, if time permits, to contact the Contractor for the purpose of obtaining accelerated delivery. The Contractor shall reply to the inquiry within 3 workdays after receipt. (Telephonic replies shall be confirmed by the Contractor in writing.) If the Contractor offers an accelerated delivery time acceptable to the ordering activity, any order(s) placed pursuant to the agreed upon accelerated delivery time frame shall be delivered within this shorter delivery time and in accordance with all other terms and conditions of the contract. 7. DISCOUNTS: Prices shown are NET Prices; Basic Discounts have been deducted. The prices for program licenses and first year technical support displayed in the GSA Offering are net prices. IT Professional Services are offered both on a time and materials basis at fixed hourly labor rates which must be multiplied by the hours of work to be performed, or on a firm fixed price engagement basis. Prices shown are NET prices after application of GSA’s discount. a. Prompt Payment: 0%. b. Quantity: None. c. Dollar Volume: The prices set forth in the GSA Offering are net prices and the GSA discount has already been applied. d. Government Educational Institutions are offered the same discounts as all other Government customers. Mythics also offers favorable campus-wide licensing for Educational Institutions, which are not provided on this Pricelist. Ordering activities should contact Mythics for more information. e. No additional discounts apply for Government credit card orders. 8. TRADE AGREEMENTS ACT OF 1979, as amended: All items are U.S. made end products, designated country end products, Caribbean Basin country end products, Canadian end products, or Mexican end products as defined in the Trade Agreements Act of 1979, as amended. 9. STATEMENT CONCERNING AVAILABILITY OF EXPORT PACKING: Special packing for export purposes is not available for equipment. For software, no additional charge will be incurred for export packing. 10. Small Requirements: The minimum dollar value of orders to be issued is $100. C672Attachment 2, Page 8 of 104 Mythics, Inc. GS-35F-0153M Pg 9 11. MAXIMUM ORDER (All dollar amounts are exclusive of any discount for prompt payment.) a. The Maximum Order value for the following Special Item Numbers (SINs) is $500,000: Special Item Number 132-8 – Purchase of New Equipment Special Item Number 132-12 – Equipment Maintenance Special Item Number 132-32 - Term Software Licenses Special Item Number 132-33 - Perpetual Software Licenses Special Item Number 132-34 – Maintenance of Software Special Item Number 132-51 - Information Technology (IT) Professional Services b. Any order exceeding the maximum order threshold is subject to acceptance by Mythics. 12. ORDERING PROCEEDURES FOR FEDERAL SUPPLY SCHEDULE CONTRACTS Ordering activities shall use the ordering procedures of Federal Acquisition Regulation (FAR) 8.405 when placing an order or establishing a BPA for supplies or services. These procedures apply to all schedules. a. FAR 8.405-1 Ordering procedures for supplies, and services not requiring a statement of work. b. FAR 8.405-2 Ordering procedures for services requiring a statement of work. 13. FEDERAL INFORMATION TECHNOLOGY/TELECOMMUNICATION STANDARDS REQUIREMENTS: ordering activities acquiring products from this Schedule must comply with the provisions of the Federal Standards Program, as appropriate (reference: NIST Federal Standards Index). Inquiries to determine whether or not specific products listed herein comply with Federal Information Processing Standards (FIPS) or Federal Telecommunication Standards (FED-STDS), which are cited by ordering activities, shall be responded to promptly by the Contractor. 13.1 FEDERAL INFORMATION PROCESSING STANDARDS PUBLICATIONS (FIPS PUBS): Information Technology products under this Schedule that do not conform to Federal Information Processing Standards (FIPS) should not be acquired unless a waiver has been granted in accordance with the applicable "FIPS Publication." Federal Information Processing Standards Publications (FIPS PUBS) are issued by the U.S. Department of Commerce, National Institute of Standards and Technology (NIST), pursuant to National Security Act. Information concerning their availability and applicability should be obtained from the National Technical Information Service (NTIS), 5285 Port Royal Road, Springfield, Virginia 22161. FIPS PUBS include voluntary standards when these are adopted for Federal use. Individual orders for FIPS PUBS should be referred to the NTIS Sales Office, and orders for subscription service should be referred to the NTIS Subscription Officer, both at the above address, or telephone number (703) 487-4650. 13.2 FEDERAL TELECOMMUNICATION STANDARDS (FED-STDS): Telecommunication products under this Schedule that do not conform to Federal Telecommunication Standards (FED-STDS) should not be acquired unless a waiver has been granted in accordance with the applicable "FED-STD." Federal Telecommunication Standards are issued by the U.S. Department of Commerce, National Institute of Standards and Technology (NIST), pursuant to National Security Act. Ordering information and information concerning the availability of FED-STDS should be obtained from the GSA, Federal Supply Service, Specification Section, 470 East L’Enfant Plaza, Suite 8100, SW, Washington, DC 20407, telephone number (202)619-8925. Please include a self- addressed mailing label when requesting information by mail. Information concerning their applicability can be obtained by writing or calling the U.S. Department of Commerce, National Institute of Standards and Technology, Gaithersburg, MD 20899, telephone number (301)975-2833. C672Attachment 2, Page 9 of 104 Mythics, Inc. GS-35F-0153M Pg 10 14. CONTRACTOR TASKS / SPECIAL REQUIREMENTS (C-FSS-370) (NOV 2001) (a) Security Clearances: The Contractor may be required to obtain/possess varying levels of security clearances in the performance of orders issued under this contract. All costs associated with obtaining/possessing such security clearances should be factored into the price offered under the Multiple Award Schedule. (b) Travel: The Contractor may be required to travel in performance of orders issued under this contract. Allowable travel and per diem charges are governed by Pub .L. 99-234 and FAR Part 31, and are reimbursable by the ordering agency or can be priced as a fixed price item on orders placed under the Multiple Award Schedule. The Industrial Funding Fee does NOT apply to travel and per diem charges. NOTE: Refer to FAR Part 31.205-46 Travel Costs, for allowable costs that pertain to official company business travel in regards to this contract. (c) Certifications, Licenses and Accreditations: As a commercial practice, the Contractor may be required to obtain/possess any variety of certifications, licenses and accreditations for specific FSC/service code classifications offered. All costs associated with obtaining/ possessing such certifications, licenses and accreditations should be factored into the price offered under the Multiple Award Schedule program. (d) Insurance: As a commercial practice, the Contractor may be required to obtain/possess insurance coverage for specific FSC/service code classifications offered. All costs associated with obtaining/possessing such insurance should be factored into the price offered under the Multiple Award Schedule program. (e) Personnel: The Contractor may be required to provide key personnel, resumes or skill category descriptions in the performance of orders issued under this contract. Ordering activities may require agency approval of additions or replacements to key personnel. Any requirements associated with key personnel are subject to the agreement of Mythics and the ordering activity and must be reflected in the order. (f) Organizational Conflicts of Interest: Where there may be an organizational conflict of interest as determined by the ordering agency, the Contractor’s participation in such order may be restricted in accordance with FAR Part 9.5. (g) Documentation/Standards: The Contractor may be requested to provide products or services in accordance with rules, regulations, OMB orders, standards and documentation as specified by the agency’s order. (h) Data/Deliverable Requirements: Any required data/deliverables at the ordering level will be as specified or negotiated in the agency’s order. (i) Government-Furnished Property: As specified by the agency’s order, the Government may provide property, equipment, materials or resources as necessary. (j) Availability of Funds: Many Government agencies’ operating funds are appropriated for a specific fiscal year. Funds may not be presently available for any orders placed under the contract or any option year. The Government’s obligation on orders placed under this contract is contingent upon the availability of appropriated funds from which payment for ordering purposes can be made. No legal liability on the part of the Government for any payment may arise until funds are available to the ordering Contracting Officer. 15. CONTRACT ADMINISTRATION FOR ORDERING ACTIVITIES: Any ordering activity, with respect to any one or more delivery orders placed by it under this contract, may exercise the same rights of termination as might the GSA Contracting Officer under provisions of FAR 52.212-4, paragraphs (l) Termination for the ordering activity’s convenience, and (m) Termination for Cause (See C.1.) Any partial termination for convenience of an order for licenses by an ordering activity, however, may result in repricing of the remaining license and related technical support fees. C672Attachment 2, Page 10 of 104 Mythics, Inc. GS-35F-0153M Pg 11 16. GSA ADVANTAGE! GSA Advantage! is an on-line, interactive electronic information and ordering system that provides on-line access to vendors' schedule prices with ordering information. GSA Advantage! will allow the user to perform various searches across all contracts including, but not limited to: (1) Manufacturer; (2) Manufacturer's Part Number; and (3) Product categories. Agencies can browse GSA Advantage! by accessing the Internet World Wide Web utilizing a browser (ex.: NetScape). The Internet address is http://www.fss.gsa.gov/. 17. PURCHASE OF OPEN MARKET ITEMS NOTE: Open Market Items are also known as incidental items, noncontract items, non-Schedule items, and items not on a Federal Supply Schedule contract. ODCs (Other Direct Costs) are not part of this contract and should be treated as open market purchases. Ordering Activities procuring open market items must follow FAR 8.402(f). For administrative convenience, an ordering activity contracting officer may add items not on the Federal Supply Multiple Award Schedule (MAS) -- referred to as open market items -- to a Federal Supply Schedule blanket purchase agreement (BPA) or an individual task or delivery order, only if- (1) All applicable acquisition regulations pertaining to the purchase of the items not on the Federal Supply Schedule have been followed (e.g., publicizing (Part 5), competition requirements (Part 6), acquisition of commercial items (Part 12), contracting methods (Parts 13, 14, and 15), and small business programs (Part 19)); (2) The ordering activity contracting officer has determined the price for the items not on the Federal Supply Schedule is fair and reasonable; (3) The items are clearly labeled on the order as items not on the Federal Supply Schedule; and (4) All clauses applicable to items not on the Federal Supply Schedule are included in the order. 18. CONTRACTOR COMMITMENTS, WARRANTIES AND REPRESENTATIONS a. For the purpose of this contract, commitments, warranties and representations include, in addition to those agreed to for the entire schedule contract: (1) Time of delivery/installation as agrred and specified in for individual orders; (2) Technical representations and/or warranties of products concerning performance, total system performance and/or configuration, physical, design and/or functional characteristics and capabilities of a product/equipment/ service/software package submitted in response to requirements which result in orders under this schedule contract. (3) Any representations and/or warranties concerning the products made in any literature, description, drawings and/or specifications furnished by the Contractor. b. The above is not intended to encompass items not currently covered by the GSA Schedule contract. c. Mythics warrants that a program licensed to you will operate in all material respects as described in the applicable Program Documentation for one year after receipt. You must notify Mythics of any program warranty deficiency within one year after receipt. Mythics also warrants that services ordered will be provided in a professional manner consistent with industry standards. You must notify Mythics of any services warranty deficiencies within 90 days from performance of the services described in the order. C672Attachment 2, Page 11 of 104 Mythics, Inc. GS-35F-0153M Pg 12 MYTHICS OR ITS SOFTWARE LICENSORS DO NOT GUARANTEE THAT THE PROGRAMS WILL PERFORM ERROR-FREE OR UNINTERRUPTED. TO THE EXTENT PERMITTED BY LAW, THESE WARRANTIES ARE EXCLUSIVE AND THERE ARE NO OTHER EXPRESS OR IMPLIED WARRANTIES OR CONDITIONS, INCLUDING WARRANTIES OR CONDITIONS OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. FOR ANY BREACH OF THE ABOVE WARRANTIES, THE ORDERING ACTIVITY’S REMEDY SHALL BE: (A) THE CORRECTION OF PROGRAM ERRORS THAT CAUSE BREACH OF THE WARRANTY, OR IF MYTHICS OR ITS SOFTWARE LICENSORS CANNOT SUBSTANTIALLY CORRECT SUCH BREACH IN A COMMERCIALLY REASONABLE MANNER, THE ORDERING ACTIVITY MAY END ITS PROGRAM LICENSE AND RECOVER THE FEES PAID TO MYTHICS FOR THE PROGRAM LICENSE AND ANY UNUSED TECHNICAL SUPPORT FEES PAID FOR THE PROGRAM LICENSE; OR (B) THE REPERFORMANCE OF THE DEFICIENT SERVICES, OR IF MYTHICS OR ITS SOFTWARE LICENSORS CANNOT SUBSTANTIALLY CORRECT A BREACH IN A COMMERCIALLY REASONABLE MANNER, THE ORDERING ACTIVITY MAY END THE RELEVANT SERVICES AND RECOVER THE FEES PAID TO MYTHICS FOR THE DEFICIENT SERVICES. d. Ancillary programs are defined as those third party materials specified in the program documentation, which may only be used for the purposes of installing or operating the programs with which the ancillary programs are delivered. e. Third party technology that may be appropriate or necessary for use with some Oracle America, Inc programs is specified in the program documentation and such third party technology is licensed to the ordering activity under the terms of the third party technology license agreement specified in the program documentation. f. Third party firms retained by an ordering activity to provide computer consulting services are independent of the software licensor and are not the software licensor’s agents, and the software licensor shall not be responsible for the acts of any such third party firms. 19. OVERSEAS ACTIVITIES The terms and conditions of this contract shall apply to all orders for installation, maintenance and repair of equipment in areas listed in the pricelist outside the 48 contiguous states and the District of Columbia, except as indicated below: Not Applicable. Upon request of the Contractor, the ordering activity may provide the Contractor with logistics support, as available, in accordance with all applicable ordering activity regulations. Such ordering activity support will be provided on a reimbursable basis, and will only be provided to the Contractor's technical personnel whose services are exclusively required for the fulfillment of the terms and conditions of this contract. 20. BLANKET PURCHASE AGREEMENTS (BPAs) The use of BPAs under any schedule contract to fill repetitive needs for supplies or services is allowable. BPAs may be established with one or more schedule contractors. The number of BPAs to be established is within the discretion of the ordering activity establishing the BPA and should be based on a strategy that is expected to maximize the effectiveness of the BPA(s). Ordering activities shall follow FAR 8.405-3 when creating and implementing BPA(s). C672Attachment 2, Page 12 of 104 Mythics, Inc. GS-35F-0153M Pg 13 21. CONTRACTOR TEAM ARRANGEMENTS Contractors participating in contractor team arrangements must abide by all terms and conditions of their respective contracts. This includes compliance with Clauses 552.238-74, Industrial Funding Fee and Sales Reporting, i.e., each contractor (team member) must report sales and remit the IFF for all products and services provided under its individual contract. 22. INSTALLATION, DEINSTALLATION, REINSTALLATION The Davis-Bacon Act (40 U.S.C. 276a-276a-7) provides that contracts in excess of $2,000 to which the United States or the District of Columbia is a party for construction, alteration, or repair (including painting and decorating) of public buildings or public works with the United States, shall contain a clause that no laborer or mechanic employed directly upon the site of the work shall received less than the prevailing wage rates as determined by the Secretary of Labor. The requirements of the Davis-Bacon Act do not apply if the construction work is incidental to the furnishing of supplies, equipment, or services. For example, the requirements do not apply to simple installation or alteration of a public building or public work that is incidental to furnishing supplies or equipment under a supply contract. However, if the construction, alteration or repair is segregable and exceeds $2,000, then the requirements of the Davis-Bacon Act applies. The ordering activity issuing the task order against this contract will be responsible for proper administration and enforcement of the Federal labor standards covered by the Davis-Bacon Act. The proper Davis-Bacon wage determination will be issued by the ordering activity at the time a request for quotations is made for applicable construction classified installation, deinstallation, and reinstallation services under SIN 132-8. 23. SECTION 508 COMPLIANCE. If applicable, Section 508 compliance information on the supplies and services in this contract are available in Electronic and Information Technology (EIT) at the following: http://www.oracle.com/accessibility/index.html?whitepaper.html Any requirements regarding Section 508 compliance for services provided under this contract must be expressly agreed to by Mythics and the ordering activity in the order. The EIT standard can be found at: www.Section508.gov/. 24. PRIME CONTRACTOR ORDERING FROM FEDERAL SUPPLY SCHEDULES. Prime Contractors (on cost reimbursement contracts) placing orders under Federal Supply Schedules, on behalf of an ordering activity, shall follow the terms of the applicable schedule and authorization and include with each order – (a) A copy of the authorization from the ordering activity with whom the contractor has the prime contract (unless a copy was previously furnished to the Federal Supply Schedule contractor); and (b) The following statement: This order is placed under written authorization from _______ dated _______. In the event of any inconsistency between the terms and conditions of this order and those of your Federal Supply Schedule contract, the latter will govern. C672Attachment 2, Page 13 of 104 Mythics, Inc. GS-35F-0153M Pg 14 25. INSURANCE—WORK ON A GOVERNMENT INSTALLATION (JAN 1997)(FAR 52.228-5) (a) The Contractor shall, at its own expense, provide and maintain during the entire performance of this contract, at least the kinds and minimum amounts of insurance required in the Schedule or elsewhere in the contract. (b) Before commencing work under this contract, the Contractor shall notify the Contracting Officer in writing that the required insurance has been obtained. The policies evidencing required insurance shall contain an endorsement to the effect that any cancellation or any material change adversely affecting the Government's interest shall not be effective— (1) For such period as the laws of the State in which this contract is to be performed prescribe; or (2) Until 30 days after the insurer or the Contractor gives written notice to the Contracting Officer, whichever period is longer. (c) The Contractor shall insert the substance of this clause, including this paragraph (c), in subcontracts under this contract that require work on a Government installation and shall require subcontractors to provide and maintain the insurance required in the Schedule or elsewhere in the contract. The Contractor shall maintain a copy of all subcontractors' proofs of required insurance, and shall make copies available to the Contracting Officer upon request. 26. SOFTWARE INTEROPERABILITY. Offerors are encouraged to identify within their software items any component interfaces that support open standard interoperability. An item’s interface may be identified as interoperable on the basis of participation in a Government agency-sponsored program or in an independent organization program. Interfaces may be identified by reference to an interface registered in the component registry located at http://www.core.gov. 27. ADVANCE PAYMENTS A payment under this contract to provide a service or deliver an article for the United States Government may not be more than the value of the service already provided or the article already delivered. Advance or pre-payment is not authorized or allowed under this contract. (31 U.S.C. 3324). 28. SEGMENTATION The services provided under this contract may be related to licenses to use programs that were acquired under a separate agreement and/or order. That agreement and/or order shall govern use of such programs. Any services acquired through an order under this contract are offered by Mythics separately from such program licenses. Ordering activities may acquire either services or program licenses without acquiring the other. 29. LIMITATION OF LIABILITY NEITHER MYTHICS, ITS SOFWARE LICENSORS, NOR AN ORDERING ACTIVITY SHALL BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES, OR ANY LOSS OF PROFITS, REVENUE, DATA OR DATA USE. FURTHER, NEITHER MYTHICS, ITS SOFTWARE LICENSORS, NOR AN ORDERING ACTIVITY SHALL BE LIABLE FOR PUNITIVE DAMAGES EXCEPT TO THE EXTENT THIS LIMITATION IS PROHIBITED BY APPLICABLE LAW. MYTHICS’ MAXIMUM LIABILITY FOR ANY DAMAGES ARISING OUT OF OR RELATED TO AN ORDERING ACTIVITY’S ORDER, WHETHER IN CONTRACT OR TORT, SHALL BE LIMITED TO THE AMOUNTS PAID UNDER THE ORDER; HOWEVER, IN THE EVENT OF A TERMINATION FOR CAUSE, MYTHICS’ MAXIMUM LIABILITY SHALL BE LIMITED TO REASONABLE REPROCUREMENT COSTS NOT TO EXCEED AN AMOUNT EQUAL TO THE AMOUNT PAID TO MYTHICS UNDER THE ORDER PLUS 27% OF THE TOTAL AMOUNT OF THE ORDER. THIS CLAUSE SHALL NOT IMPAIR THE U.S. GOVERNMENT’S RIGHT TO RECOVER FOR FRAUD OR CRIMES ARISING OUT OF OR RELATED TO THIS CONTRACT UNDER ANY FEDERAL FRAUD STATUTE, INCLUDING THE FALSE CLAIMS ACT (31 C672Attachment 2, Page 14 of 104 Mythics, Inc. GS-35F-0153M Pg 15 USC 3729 TO 3733). FURTHERMORE, THIS CLAUSE SHALL NOT IMPAIR NOR PREJUDICE THE U.S. GOVERNMENT’S RIGHT TO EXPRESS REMEDIES PROVIDED HEREIN (I.E., C.28 PRICE REDUCTIONS, C.1 (H) PATENT INDEMNIFICATION (AS MODIFIED), LIABILITY FOR INJURY OR DAMAGE (SECTION I, PARAGRAPH 3 OF THE PRICE LIST), AND GSAR 552.215-72 PRICE ADJUSTMENT – FAILURE TO PROVIDE ACCURATE INFORMATION (AUG 1997)). 30. AUDIT Unless otherwise agreed in an order, upon Mythics’ written request, no more frequently than annually, ordering activities shall perform an internal audit to verify their licensed use of Oracle America, Inc programs. Ordering activities will furnish Mythics with a signed certification by an authorized representative of the ordering activities that Oracle America, Inc programs are being used pursuant to the provisions of the order, including an accounting of licensed quantities. If such verification is not provided within 30 days of Mythics’ written request, or if Mythics provides a reasonable basis for asserting that the ordering activity’s actual use does not comply with its license for programs, ordering activities agree to cooperate with Mythics to audit the use of the programs provided under any order and to provide reasonable assistance and access to information to ascertain the ordering activity’s actual use. Ordering activities will be responsible for either paying any underpaid fees related to use of programs or for discontinuing noncompliant use. 31. INTELLECTUAL PROPERTY INDEMNIFICATION If someone makes a claim against an ordering activity, including the U.S. Government, and its officers, employees and agents, or Mythics (“Recipient” which may refer to the ordering activity or Mythics depending upon which party received the Material), that any information, design,specification, instruction software, data, or material (“Material”) furnished by either the ordering activity or Mythics (“Provider” which may refer to the ordering activity or Mythics depending on which party provided the Material), and used by the Recipient infringes its intellectual property rights (including U.S. or foreign patent, trademark and copyright), the Provider will indemnify the Recipient against the claim to the extent permitted by law if the Recipient does the following: • Notifies the Provider promptly in writing, not later than 30 days after the Recipientreceives notice of the claim; • Gives the Provider control of the defense, with input from Recipient, and any settlement negotiations; and • Gives the Provider the information, authority, and assistance the Provider needs to defend against or settle the claim. If the Provider believes or it is determined that any of the Material may have violated someone else’s intellectual property rights, the Provider may choose to either modify the Material to be non-infringing (while substantially preserving it utility or functionality) or obtain a license to allow for continued use, or if these alternatives are not commercially reasonable, the Provider may end the license for, and require return of, the applicable Material and refund any fees the Recipient may have paid for it. If an ordering activity is the Provider and such return materially affects Mythics’ ability to meet its obligations under the relevant order (e.g., impairs Mythics’ ability to perform due to a work statement, schedule or cost impact), then Mythics may, at its option and upon 30 days prior written notice, terminate the order. The Provider will not indemnify the Recipient if the Recipient alters the Material or uses it outside the scope of use identified in the Provider’s user documentation or if the Recipient uses a version of the Materials which has been superseded, if the infringement claim could have been avoided by using an unaltered current version of the Material which was provided to the Recipient. The Provider will not indemnify the Recipient to the extent that an infringement claim is based upon any information, design, specification, instruction, software or data not furnished by the Provider. Mythics will not indemnify an ordering activity to the extent that an infringement claim is based upon the combination of any Material with any products or services provided by third parties and not provided by Mythics. C672Attachment 2, Page 15 of 104 Mythics, Inc. GS-35F-0153M Pg 16 32. FORCE MAJEURE Neither Mythics nor an ordering activity shall be responsible for failure or delay of performance if caused by: an act of war, hostility, or sabotage; act of God; electrical, internet, or telecommunication outage that is not caused by the obligated party; government restrictions (including the denial or cancellation of any export or other license); or other event outside the reasonable control of the obligated party. If such event continues for more than 90 days, either Mythics or the ordering activity may cancel unperformed services upon written notice. This section does not excuse Mythics’ obligation to take reasonable steps to follow its normal disaster recovery procedures or an ordering activity’s obligation to pay for services provided. 33. ENTIRE AGREEMENT The terms and conditions in this Pricelist, but not including references herein to information contained in a URL for “informational purposes only”, together with the applicable purchase, delivery or task order and/or ordering document and the relevant terms and conditions in the underlying contract, are the complete agreement for the programs and services ordered by an ordering activity, and this agreement supersedes all prior or contemporaneous agreements or representations regarding such programs and/or services. This agreement may not be modified, and the rights and restrictions may not be altered or waived, except in writing. URLs referenced for informational purposes only are not incorporated into this Pricelist and the content therein is not endorsed by GSA. Oracle America, Inc is a third party beneficiary to this agreement. C672Attachment 2, Page 16 of 104 Mythics, Inc. GS-35F-0153M Pg 17 SECTION II TERMS AND CONDITIONS APPLICABLE TO THE PURCHASE OF GENERAL PURPOSE COMMERCIAL INFORMATION TECHNOLOGY SPECIAL ITEM NUMBER 132-8 1. MATERIAL AND WORKMANSHIP All equipment furnished hereunder must satisfactorily perform the function for which it is intended. Additional terms and conditions for Software Maintenance are included in Appendix VI, Exadata Supplemental Terms and Conditions. 2. ORDER Written orders, EDI orders (GSA Advantage! and FACNET), credit card orders, and orders placed under blanket purchase agreements (BPA) agreements shall be the basis for purchase in accordance with the provisions of this contract. If time of delivery extends beyond the expiration date of the contract, the Contractor will be obligated to meet the delivery and installation date specified in the original order. For credit card orders and BPAs, telephone orders are permissible. 3. TRANSPORTATION OF EQUIPMENT FOB DESTINATION. Prices cover equipment delivery to destination, for any location within the geographic scope of this contract. 4. INSTALLATION AND TECHNICAL SERVICES a. INSTALLATION. When the equipment provided under this contract is not normally self-installable, the Contractor's technical personnel shall be available to the ordering activity, at the ordering activity's location, to install the equipment and to train ordering activity personnel in the use and maintenance of the equipment. The charges, if any, for such services are listed below, or in the price schedule: The equipment is self-installable. b. INSTALLATION, DEINSTALLATION, REINSTALLATION. The Davis-Bacon Act (40 U.S.C. 276a- 276a-7) provides that contracts in excess of $2,000 to which the United States or the District of Columbia is a party for construction, alteration, or repair (including painting and decorating) of public buildings or public works with the United States, shall contain a clause that no laborer or mechanic employed directly upon the site of the work shall received less than the prevailing wage rates as determined by the Secretary of Labor. The requirements of the Davis- Bacon Act do not apply if the construction work is incidental to the furnishing of supplies, equipment, or services. For example, the requirements do not apply to simple installation or alteration of a public building or public work that is incidental to furnishing supplies or equipment under a supply contract. However, if the construction, alteration or repair is segregable and exceeds $2,000, then the requirements of the Davis-Bacon Act applies. The ordering activity issuing the task order against this contract will be responsible for proper administration and enforcement of the Federal labor standards covered by the Davis-Bacon Act. The proper Davis-Bacon wage determination will be issued by the ordering activity at the time a request for quotations is made for applicable construction classified installation, deinstallation, and reinstallation services under SIN 132-8. C672Attachment 2, Page 17 of 104 Mythics, Inc. GS-35F-0153M Pg 18 c. OPERATING AND MAINTENANCE MANUALS. The Contractor shall furnish the ordering activity with one (1) copy of all operating and maintenance manuals which are normally provided with the equipment being purchased. 5. INSPECTION/ACCEPTANCE The Contractor shall only tender for acceptance those items that conform to the requirements of this contract. The ordering activity reserves the right to inspect or test any equipment that has been tendered for acceptance. The ordering activity may require repair or replacement of nonconforming equipment at no increase in contract price. The ordering activity must exercise its postacceptance rights (1) within a reasonable time after the defect was discovered or should have been discovered; and (2) before any substantial change occurs in the condition of the item, unless the change is due to the defect in the item. 6. WARRANTY a. Unless specified otherwise in this contract, the Contractor’s standard commercial warranty as stated in the contract’s commercial pricelist will apply to this contract. i. Oracle America, Inc provides a limited warranty for the Sun Hardware, including the Sun Software media. Oracle America, Inc warrants that the Sun hardware will be free from material defects in materials and workmanship for one year from the date the Sun Hardware is shipped to the ordering activity. Oracle America, Inc warrants that the Sun Software media will be free from material defects in materials and workmanship for a period of 90 days from the date the Sun Software media is shipped to the ordering activity. ORACLE AMERICA, INC DOES NOT WARRANT UNINTERRUPTED OR ERROR-FREE OPERATION OF THE SUN HARDWARE. The details of this limited hardware warranty are provided at http://www.oracle.com/support/policies.html (“the warranty web page”). Any changes to the hardware warranty details specified on the warranty web page will not apply to Sun Hardware ordered prior to such change. ii. No warranty will apply to the Sun Hardware or to the Sun Software media which has been: a. modified, altered or adapted without Oracle America, Inc’s written consent (including modification by removal of the Oracle America, Inc/Sun serial number tag on the Sun Hardware); b. maltreated or used in a manner other than in accordance with the relevant documentation; c. repaired by any third party in a manner which fails to meet Oracle America, Inc’s quality standards; d. improperly installed by any party other than Oracle America, Inc or an authorized Oracle America, Inc certified installation partner; e. used with equipment or software not covered by the warranty, to the extent that the problems are attributable to such use; f. relocated without Oracle America, Inc’s written consent, to the extent that problems are attributable to such relocation; g. used directly or indirectly in supporting activities prohibited by U.S. or other national export regulations; h. used by parties appearing on the most current U.S. export exclusion list; i. relocated to countries subject to U.S. trade embargo or restrictions; j. used remotely to facilitate any activities in the countries referenced in (i) above; or k. purchased from any entity other than Oracle America, Inc or an Oracle America, Inc authorized reseller. C672Attachment 2, Page 18 of 104 Mythics, Inc. GS-35F-0153M Pg 19 b. Limitation of Liability. THE ORDERING ACTIVITY’S SOLE AND EXCLUSIVE REMEDY AND ORACLE AMERICA, INC’S ENTIRE LIABILITY FOR BREACH OF THE ABOVE WARRANTY WILL BE THE REPAIR OR, AT ORACLE AMERICA, INC’S OPTION AND EXPENSE, REPLACEMENT OF THE DEFECTIVE PRODUCT, OR, IF SUCH REPAIR OR REPLACEMENT IS NOT REASONABLY ACHIEVABLE, THE REFUND OF THE PURCHASE PRICE. EXCEPT TO THE EXTENT PROHIBITED BY LAW, ALL EXPRESS OR IMPLIED CONDITIONS, REPRESENTATIONS AND WARRANTIES, INCLUDING ANY IMPLIED WARRANTY OR CONDITION OF MERCHANTABILIITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE AND NON- INFRINGEMENT, ARE HEREBY EXCLUDED. NEITHER PARTY WILL BE LIABLE FOR ANY INDIRECT, PUNITIVE, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES IN CONNECTION WITH OR ARISING OUT OF THIS WARRANTY (INCLUDING, WITHOUT LIMITATION, LOSS OF BUSINESS, REVENUE, PROFITS, GOODWILL, USE DATA, ELECTRONICALLY TRANSMITTED ORDERS, OR OTHER ECONOMIC ADVANTAGE), HOWEVER THEY ARISE, WHETHER IN BREACH OF CONTRACT, BREACH OF WARRANTY OR IN TORT, INCLUDING NEGLIGENCE, AND EVEN IF THAT PARTY HAS PREVIOUSLY BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. LIABILITY FOR DAMAGES WILL BE LIMITED AND EXCLUDED, EVEN IF ANY EXCLUSIVE REMEDY PROVIDED FOR FAILS OF ITS ESSENTIAL PURPOSE. SOME STATE AND JURISDICTIONS DO NOT ALLOW LIMITATIONS ON CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO THE ORDERING ACTIVITY. Parts or components which are replaced under the applicable warranty may not be new. Title in all defective parts which are removed from the Sun Hardware under applicable warranty shall transfer back to Oracle America, Inc. 7. PURCHASE PRICE FOR ORDERED EQUIPMENT The purchase price that the ordering activity will be charged will be the ordering activity purchase price in effect at the time of order placement, or the ordering activity purchase price in effect on the installation date (or delivery date when installation is not applicable), whichever is less. 8. RESPONSIBILITIES OF THE CONTRACTOR The Contractor shall comply with all laws, ordinances, and regulations (Federal, State, City or otherwise) covering work of this character, and shall include all costs, if any, of such compliance in the prices quoted in this offer. 9. TRADE-IN OF INFORMATION TECHNOLOGY EQUIPMENT When an ordering activity determines that Information Technology equipment will be replaced, the ordering activity shall follow the contracting policies and procedures in the Federal Acquisition Regulation (FAR), the policies and procedures regarding disposition of information technology excess personal property in the Federal Property Management Regulations (FPMR) (41 CFR 101-43.6), and the policies and procedures on exchange/sale contained in the FPMR (41 CFR part 101-46). C672Attachment 2, Page 19 of 104 Mythics, Inc. GS-35F-0153M Pg 20 SECTION III TERMS AND CONDITIONS APPLICABLE TO MAINTENANCE FOR GOVERNMENT-OWNED GENERAL PURPOSE COMMERCIAL INFORMATION TECHNOLOGY EQUIPMENT, RADIO/TELEPHONE EQUIPMENT, (AFTER EXPIRATION OF GUARANTEE/WARRANTY PROVISIONS AND/OR WHENREQUIRED SERVICE IS NOT COVERED BY GUARANTEE/WARRANTY PROVISIONS) AND FOR LEASED EQUIPMENT SPECIAL ITEM NUMBER 132-12 1. SERVICE AREAS a. The ordering activity may access the current version of the Hardware and System Support Policies at http://www.oracle.com/support/policies.html. Product Footnote Number 1 - Exadata Storage Server X2-2 (HP & HC) includes: Hardware, Hardware Warranty, and Oracle America, Inc’s Enterprise Linux. It does not include hardware installation or software configuration services. Product Footnote Number 3 - The included Hardware Warranty is a 1 year warranty with a 4 hour web/phone response during normal business hours (Mon-Fri 8am-5pm), and with a 2 Business Day on-site response/Parts Exchange. 2. MAINTENANCE ORDER a. Agencies may use written orders, EDI orders, credit card orders, or BPAs, for ordering maintenance under this contract. The Contractor shall confirm orders within fifteen (15) calendar days from the date of receipt, except that confirmation of orders shall be considered automatic for renewals for maintenance (Special Item Number 132- 12). Automatic acceptance of order renewals for maintenance service shall apply for machines which may have been discontinued from use for temporary periods of time not longer than 120 calendar days. If the order is not confirmed by the Contractor as prescribed by this paragraph, the order shall be considered to be confirmed by the Contractor. b. The Contractor shall honor orders for maintenance for the duration of the contract period or a lessor period of time, for the equipment shown in the pricelist. Maintenance service shall commence on a mutually agreed upon date, which will be written into the maintenance order. Maintenance orders shall not be made effective before the expiration of any applicable maintenance and parts guarantee/warranty period associated with the purchase of equipment. Orders for maintenance service shall not extend beyond the end of the contract period. c. Maintenance may be discontinued by the ordering activity on thirty (30) calendar days written notice, or shorter notice when agreed to by the Contractor; such notice to become effective thirty (30) calendar days from the date on the notification. However, the ordering activity may extend the original discontinuance date upon written notice to the Contractor, provided that such notice is furnished at least ten (10) calendar days prior to the original discontinuance date. d. Annual Funding. When annually appropriated funds are cited on a maintenance order, the period of maintenance shall automatically expire on September 30th of the contract period, or at the end of the contract period, whichever occurs first. Renewal of a maintenance order citing the new appropriation shall be required, if maintenance is to continue during any remainder of the contract period. e. Cross-year Funding Within Contract Period. Where an ordering activity's specific appropriation authority provides for funds in excess of a 12 month, fiscal year period, the ordering activity may place an order under this schedule contract for a period up to the expiration of the contract period, notwithstanding the intervening fiscal years. C672Attachment 2, Page 20 of 104 Mythics, Inc. GS-35F-0153M Pg 21 f. Ordering activities should notify the Contractor in writing thirty (30) calendar days prior to the expiration of maintenance service, if maintenance is to be terminated at that time. Orders for continued maintenance will be required if maintenance is to be continued during the subsequent period. 3. LOSS OR DAMAGE When the Contractor removes equipment to his establishment for repairs, the Contractor shall be responsible for any damage or loss, from the time the equipment is removed from the ordering activity installation, until the equipment is returned to such installation. 4. SCOPE a. The Contractor shall provide maintenance for all equipment listed herein, as requested by the ordering activity during the contract term. b. Equipment placed under maintenance service shall be in good operating condition. (1) In order to determine that the equipment is in good operating condition, the equipment shall be subject to inspection by the Contractor, without charge to the ordering activity. (2) Costs of any repairs performed for the purpose of placing the equipment in good operating condition shall be borne by the Contractor, if the equipment was under the Contractor's guarantee/warranty or maintenance responsibility prior to the effective date of the maintenance order. (3) If the equipment was not under the Contractor's responsibility, the costs necessary to place the equipment in proper operating condition are to be borne by the ordering activity, in accordance with the provisions of Special Item Number 132-12 (or outside the scope of this contract). 5. RESPONSIBILITIES OF THE ORDERING ACTIVITY a. Ordering activity personnel shall not perform maintenance or attempt repairs to equipment while such equipment is under the purview of a maintenance order, unless agreed to by the Contractor. b. Subject to security regulations, the ordering activity shall permit access to the equipment which is to be maintained. c. If the Ordering Activity desires a factory authorized/certified service personnel then this should be clearly stated in the task or delivery order. 6. RESPONSIBILITIES OF THE CONTRACTOR b. If the Ordering Activity task or delivery order specifies a factory authorized/certified service personnel then the Contractor is obligated to provide such a factory authorized/certified service personnel for the equipment to be serviced, unless otherwise agreed to in advance between the Agency and the Contractor. 7. MAINTENANCE RATE PROVISIONS a. The Contractor shall bear all costs of maintenance, including labor, parts, and such other expenses as are necessary to keep the equipment in good operating condition, provided that the required repairs are not occasioned by fault or negligence of the ordering activity. See price list. C672Attachment 2, Page 21 of 104 Mythics, Inc. GS-35F-0153M Pg 22 b. REGULAR HOURS The basic monthly rate for each make and model of equipment shall entitle the ordering activity to maintenance service during a mutually agreed upon nine (9) hour principal period of maintenance, Monday through Friday, exclusive of holidays observed at the ordering activity location. c. TRAVEL AND TRANSPORTATION If any charge is to apply, over and above the regular maintenance rates, because of the distance between the ordering activity location and the Contractor’s service area, the charge will be negotiated at the Task Order level. In accordance with the current Joint Travel Regulations. 8. INVOICES AND PAYMENTS a. Maintenance Service (1) Invoices for maintenance service shall be submitted by the Contractor on a quarterly or monthly basis, after the completion of such period. Maintenance charges must be paid in arrears (31 U.S.C. 3324). PROMPT PAYMENT DISCOUNT, IF APPLICABLE, SHALL BE SHOWN ON THE INVOICE. (2) Payment for maintenance service of less than one month's duration shall be prorated at 1/30th of the monthly rate for each calendar day. C672Attachment 2, Page 22 of 104 Mythics, Inc. GS-35F-0153M Pg 23 SECTION IV TERMS AND CONDITIONS APPLICABLE TO TERM SOFTWARE LICENSES (SPECIAL ITEM NUMBER 132-32), PERPETUAL SOFTWARE LICENSES (SPECIAL ITEM NUMBER 132-33) AND MAINTENANCE (SPECIAL ITEM NUMBER 132-34) OF GENERAL PURPOSECOMMERCIAL INFORMATION TECHNOLOGY SOFTWARE 1. INSPECTION/ACCEPTANCE For each program for which delivery is required, acceptance shall be deemed to occur five (5) business days from the date of receipt. Orders for licenses of programs that have been delivered previously, as well as orders for technical support services, do not require delivery, and shall be deemed accepted upon the effective date of an executed order. Fees paid for programs and technical support services are non-refundable. 2. GUARANTEE/WARRANTY See Section I, paragraph 18. 3. TECHNICAL SERVICES Mythics, without additional charge to the ordering activity, shall provide a hot line technical support number 1-800- 223-1711 for the purpose of providing user assistance and guidance in the implementation of the software. For TTY Service: Hearing and Speech impaired customers should dial 1-800-446-2398 for technical and non-technical questions. The technical support number is available 24 hours a day, 7 days a week. 4. SOFTWARE MAINTENANCE a. Software maintenance as it is defined: (select software maintenance type) : __________ 1. Software Maintenance as a Product (SIN 132-32 or SIN 132-33) Software maintenance as a product includes the publishing of bug/defect fixes via patches and updates/upgrades in function and technology to maintain the operability and usability of the software product. It may also include other no charge support that are included in the purchase price of the product in the commercial marketplace. No charge support includes items such as user blogs, discussion forums, on-line help libraries and FAQs (Frequently Asked Questions), hosted chat rooms, and limited telephone, email and/or web-based general technical support for user’s self diagnostics. C672Attachment 2, Page 23 of 104 Mythics, Inc. GS-35F-0153M Pg 24 Software maintenance as a product does NOT include the creation, design, implementation, integration, etc. of a software package. These examples are considered software maintenance as a service. X 2. Software Maintenance as a Service (SIN 132-34) Oracle America, Inc’s technical support offering, Software Update License and Support (""SULS""), is a combination of updates/patches and the person-to-person communications referenced above for a fee. Accordingly, SULS falls under the Software Maintenance as a Service classification and in accordance with 31 U.S.C. 3324 must be billed in arrears. Software maintenance as a service creates, designs, implements, and/or integrates customized changes to software that solve one or more problems and is not included with the price of the software. Software maintenance as a service includes person-to-person communications regardless of the medium used to communicate: telephone support, on- line technical support, customized support, and/or technical expertise which are charged commercially. Software maintenance as a service is billed arrears in accordance with 31 U.S.C. 3324. a. Additional terms and conditions for Software Maintenance are included in Appendix III, Supplemental Terms and Conditions. 5. PERIODS OF TERM LICENSES (132-32) AND MAINTENANCE/TECHNICAL SUPPORT (132-34) a. Mythics shall honor orders for periods for the duration of the contract period or a lesser period of time. b. Term licenses and/or maintenance are not refundable and shall be in place for the period ordered. Maintenance / Technical Support may be discontinued by the ordering activity on thirty (30) calendar days written notice to Mythics, and fees for such Technical Support shall be adjusted accordingly. However, any such discontinuation is subject to the requirements set forth in Appendix III, Supplemental Terms and Conditions. c. Annual Funding. When annually appropriated funds are cited on an order for term licenses and/or maintenance, the period of the term licenses and/or maintenance shall automatically expire on September 30 of the contract period, or at the end of the contract period, whichever occurs first. Renewal of the term licenses and/or maintenance orders citing the new appropriation shall be required, if the term licenses and/or maintenance/Technical Support is to be continued during any remainder of the contract period. d. Cross-Year Funding Within Contract Period. Where an ordering activity’s specific appropriation authority provides for funds in excess of a 12 month (fiscal year) period, the ordering activity may place an order under this schedule contract for a period up to the expiration of the contract period, notwithstanding the intervening fiscal years. e. Ordering activities should notify the Contractor in writing thirty (30) calendar days prior to the expiration of an order, if the term licenses and/or maintenance/Technical Support is to be terminated at that time. Orders for the continuation of term licenses and/or maintenance/Technical Support will be required if the term licenses and/or maintenance/Technical Support is to be continued during the subsequent period. 6. CONVERSION FROM TERM LICENSE TO PERPETUAL LICENSE a. The ordering activity may convert existing, unexpired term licenses to either a longer term or a perpetual license for any or all software which a longer term or perpetual license is offered under this contract, at any time following acceptance of software. At the request of the ordering activity Mythics shall furnish, within thirty (30) calendar days, for each software product that is contemplated for conversion, the total amount of conversion credits which have accrued, if any, while the software was on a term license and the date of the last update or enhancement. C672Attachment 2, Page 24 of 104 Mythics, Inc. GS-35F-0153M Pg 25 b. Conversion credits which are provided shall, within the limits specified, continue to accrue from one contract period to the next, provided the software remains on a term license within the ordering activity. c. The term license for each software product shall be discontinued on the day immediately preceding the effective date of conversion from a term license to a perpetual license. d. The price the ordering activity shall pay will be the perpetual license price prevailing at the time of conversion from a term license to a perpetual license minus an amount equal to the conversion/upgrade credit applicable at the time of conversion. e. When upgrading term licenses to a longer term (including perpetual), ordering activities must maintain at least the same license configuration. 7. TERM LICENSE CESSATION Upon cessation of a term license under this Agreement, ordering activities shall discontinue use and destroy or return all copies of the programs and documentation. 8. UTILIZATION LIMITATIONS - (132-32, 132-33, AND 132-34) a. Software acquisition is limited to commercial computer software defined in FAR Part 2.101. “Programs” includes all programs, software, databases, updates, documentation, media, and technical data licensed, developed and/or delivered to an ordering activity hereunder, all of which shall be deemed to be “commercial items” and “commercial computer software” pursuant to the FAR. b. When acquired by the ordering activity, commercial computer software and related documentation so legend shall be subject to the following: (1) Title to and ownership of the software and documentation shall remain with the Contractor or its licensors, unless otherwise specified. (2) Software licenses are by ordering activity. The software may be used by any subdivision of the ordering activity (service, bureau, division, command, etc.) that has been licensed to use the software, even if the subdivision did not participate in the acquisition of the software, provided the terms of the applicable software license conditions (including the requisite quantity or metric limitations) are satisfied. Definitions for the licensing metrics and term designation, as well as the licensing rules, are listed in Appendix I. (3) Except as is provided in paragraph 8.b(2) above, the ordering activity shall not provide or otherwise make available the software or documentation, or any portion thereof, in any form, to any third party without the prior written approval of Mythics. Third parties do not include prime Contractors, subcontractors and agents of the ordering activity who have the ordering activity's permission to use the licensed software and documentation at the facility, and who have agreed to use the licensed software and documentation only in accordance with these restrictions. This provision does not limit the right of the ordering activity to use software, documentation, or information therein, which the ordering activity may already have or obtains without restrictions. (4) The ordering activity shall have the limited right to use the programs ordered by it solely for its internal business operations and subject to the terms of this contract, including the definitions and rules set forth in Appendix I. An ordering activity may allow its agents and contractors to use the programs for this purpose, subject to the terms of this contract. Provided the terms of the applicable software license conditions (including the requisite quantity or metric limitations) are satisfied, for purposes of disaster recovery, an ordering C672Attachment 2, Page 25 of 104 Mythics, Inc. GS-35F-0153M Pg 26 activity has the right to transfer programs acquired hereunder to another site if the ordering activity site for which programs are acquired is deemed to be unsafe for ordering activity personnel; to copy programs to a backup computer for use when the primary computer is inoperative; and, to copy programs for safekeeping (archives) or backup purposes. (5) Program Documentation (in the form generally available) is either shipped with the programs, or an ordering activity may access the documentation online at http://docs.oracle.com (provided for informational purposes only). (6) Oracle America, Inc retains all ownership and intellectual property rights to the programs and anything developed by Oracle America, Inc and delivered to an ordering activity under this contract resulting from Technical Support services provided hereunder. An ordering activity may make a sufficient number of copies of each program for its licensed use and one copy of each program media. (7) Ordering activities may not: • Use the programs for rental, timesharing, subscription services, hosting, or outsourcing; • Remove or modify any program markings or any notice of Oracle America, Inc or its licensors’ proprietary rights; • Make the programs, or materials resulting from services provided, 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 acquired); • Take or pass title to the programs to any other party; • Cause or permit reverse engineering (unless required by law for interoperability), disassembly or decompilation of the programs (the foregoing prohibition includes but is not limited to review of data structures or similar materials produced by programs); • The duplication of the programs except for a sufficient number of copies of each program for the End User’s licensed use and one copy of each program media; or • Disclose result of any program benchmark tests without Oracle America, Inc’s prior written consent. c. The ordering activity shall not (a) assign, give, or transfer the Programs and/or services ordered or any interest in them to another individual or entity (and if ordering activity grants a security interest in the Programs or services, the secured party shall have no right to use or transfer the Programs or any services); or (b) ordering activity shall not use the Programs for any timesharing, subscription service, or rental of the Programs; If the ordering activity decides to finance its acquisition of the programs and/or any services, the ordering activity must follow Oracle America, Inc’s policies regarding financing which are available at http://oracle.com/contracts. d. Ordering activity shall fully comply with all relevant export laws and regulations of the United States and other applicable export and import laws to assure that neither the Programs, nor any direct product thereof, are exported, directly or indirectly, in violation of applicable laws; e. Oracle America, Inc is a designated third party beneficiary of the ordering activity’s license agreement; C672Attachment 2, Page 26 of 104 Mythics, Inc. GS-35F-0153M Pg 27 f. The Uniform Computer Information transactions Act shall not apply to this Agreement; g. Some programs may include source code that Oracle America, Inc may provide as part of its standard shipment of such programs and such source code delivered is subject to the terms of the agreement, ordering documentation and program documentation. h. If Oracle America, Inc includes with the programs ordered any additional programs, such additional programs may be used by the ordering activity for trial, non-production purposes only. The ordering activity has 30 days from the delivery date to evaluate the additional programs, subject to the terms of the ordering activity license agreement. If the ordering activity decides to use any trial program after the 30-day trial period, the ordering activity must obtain a license for such programs from Mythics. If the ordering activity decides not to obtain a license for the trial program after the 30-day trial period, the ordering activity will cease using and will delete any such program from the ordering activity’s system. Trial programs are provided “as is” and Mythics dies not provide technical support or offer any warranties for such programs. 9. SOFTWARE CONVERSIONS - (132-32 AND 132-33) Provided an ordering activity has continuously maintained Technical Support services for the relevant license set, in the event an ordering activity desires to change the operating system or the computer system on which the Oracle America, Inc Software is running and requires the shipment of new binary software, the ordering activity may acquire the additional set(s) of CD Packs for the Programs for the new operating system or computer system. Full monetary credit will be allowed to the ordering activity when conversion from one version of the software to another is made as the result of a change in operating system, or from one computer system to another. Under a perpetual license (132-33), the purchase price of the new software shall be reduced by the amount that was paid to purchase the earlier version. Under a term license (132-32), conversion credits which accrued while the earlier version was under a term license shall carry forward and remain available as conversion credits which may be applied towards the perpetual license price of the new version. 10. DESCRIPTIONS AND EQUIPMENT COMPATIBILITY Programs are available for use on many computer hardware/operating system combinations. Call the Mythics Corporation’s Government Division at the phone numbers listed for any questions related to product availability. A complete description of each Oracle America, Inc’s software product and a list of equipment on which the software can be used, as well as a brief introductory explanation of the modules and documentation that are offered, are available at http://www.oracle.com/products/ and in Oracle America, Inc’s Software Investment Guide at http://www.oracle.com/corporate/pricing/, both of which are referenced for informational purposes only. 11. MIGRATION A license migration is a means of contractually modifying an ordering activity's Oracle America, Inc’s licenses purchased under older license metrics to take advantage of current license metrics. Mythics shall provide migrations of software hereunder in accordance with Oracle America, Inc’s migration policies in effect at the time of a migration. Ordering activities should obtain a quote from Mythics for any license migration. 12. DISPOSITION OF SOFTWARE The ordering activity will erase, destroy, return, or otherwise render unusable the software and return all copies of documentation, within thirty (30) calendar days of discontinuance of a license. Prior to returning the software and documentation to Mythics Corporation for any reason, the Government shall acquire a Return Material Authorization (RMA) Number from Oracle America, Inc’s Customer Relations Department at (650) 506-1500. C672Attachment 2, Page 27 of 104 Mythics, Inc. GS-35F-0153M Pg 28 SECTION V TERMS AND CONDITIONS APPLICABLE TO INFORMATION TECHNOLOGY (IT) PROFESSIONAL SERVICES (SPECIAL ITEM NUMBER 132-51) 1. SCOPE a. The prices, terms and conditions stated under Special Item Number 132-51 Information Technology Professional Services apply exclusively to IT Services within the scope of this Information Technology Schedule. b. The Contractor shall provide services at the Contractor’s facility and/or at the ordering activity location, as agreed to by the Contractor and the ordering activity. 2. PERFORMANCE INCENTIVES a. Performance incentives may be agreed upon between the Contractor and the ordering activity on individual fixed price orders or Blanket Purchase Agreements under this contract in accordance with this clause. b. The ordering activity must establish a maximum performance incentive price for these services and/or total solutions on individual orders or Blanket Purchase Agreements. c. Incentives should be designed to relate results achieved by the contractor to specified targets. To the maximum extent practicable, ordering activities shall consider establishing incentives where performance is critical to the ordering activity’s mission and incentives are likely to motivate the contractor. Incentives shall be based on objectively measurable tasks. 3. ORDER a. Agencies may use written orders, EDI orders, blanket purchase agreements, individual purchase orders, or task orders for ordering services under this contract. Blanket Purchase Agreements shall not extend beyond the end of the contract period; all services and delivery shall be made and the contract terms and conditions shall continue in effect until the completion of the order. Orders for tasks which extend beyond the fiscal year for which funds are available shall include FAR 52.232-19 (Deviation – May 2003) Availability of Funds for the Next Fiscal Year. The purchase order shall specify the availability of funds and the period for which funds are available. b. All task orders are subject to the terms and conditions of the contract. In the event of conflict between a task order and the contract, the contract will take precedence. 4. PERFORMANCE OF SERVICES a. The Contractor shall commence performance of services on the date agreed to by the Contractor and the ordering activity. b. The Contractor agrees to render services only during normal working hours, unless otherwise agreed to by the Contractor and the ordering activity. c. The ordering activity should include the criteria for satisfactory completion for each task in the Statement of Work or Delivery Order. Services shall be completed in a good and workmanlike manner. C672Attachment 2, Page 28 of 104 Mythics, Inc. GS-35F-0153M Pg 29 d. Any Contractor travel required in the performance of IT Services must comply with the Federal Travel Regulation or Joint Travel Regulations, as applicable, in effect on the date(s) the travel is performed. Established Federal Government per diem rates will apply to all Contractor travel. Contractors cannot use GSA city pair contracts. 5. STOP-WORK ORDER (FAR 52.242-15) (AUG 1989) (a) The Contracting Officer may, at any time, by written order to the Contractor, require the Contractor to stop all, or any part, of the work called for by this contract for a period of 90 days after the order is delivered to the Contractor, and for any further period to which the parties may agree. The order shall be specifically identified as a stop-work order issued under this clause. Upon receipt of the order, the Contractor shall immediately comply with its terms and take all reasonable steps to minimize the incurrence of costs allocable to the work covered by the order during the period of work stoppage. Within a period of 90 days after a stop-work is delivered to the Contractor, or within any extension of that period to which the parties shall have agreed, the Contracting Officer shall either- (1) Cancel the stop-work order; or (2) Terminate the work covered by the order as provided in the Default, or the Termination for Convenience of the Government, clause of this contract. (b) If a stop-work order issued under this clause is canceled or the period of the order or any extension thereof expires, the Contractor shall resume work. The Contracting Officer shall make an equitable adjustment in the delivery schedule or contract price, or both, and the contract shall be modified, in writing, accordingly, if- (1) The stop-work order results in an increase in the time required for, or in the Contractor's cost properly allocable to, the performance of any part of this contract; and (2) The Contractor asserts its right to the adjustment within 30 days after the end of the period of work stoppage; provided, that, if the Contracting Officer decides the facts justify the action, the Contracting Officer may receive and act upon the claim submitted at any time before final payment under this contract. (c) If a stop-work order is not canceled and the work covered by the order is terminated for the convenience of the Government, the Contracting Officer shall allow reasonable costs resulting from the stop-work order in arriving at the termination settlement. (d) If a stop-work order is not canceled and the work covered by the order is terminated for default, the Contracting Officer shall allow, by equitable adjustment or otherwise, reasonable costs resulting from the stop-work order. 6. INSPECTION OF SERVICES a. The Inspection of Services–Fixed Price (AUG 1996) (FAR 52.246-4, Deviation – May 2003) clause in Mythics’ contract applies prior to acceptance of services and deliverables provided pursuant to firm-fixed price orders placed under this contract. Upon completion of any deliverable specifically delineated for delivery under a firm fixed price engagement, Mythics shall provide a copy thereof to the ordering activity. Mythics will demonstrate to the ordering activity that the deliverable conforms to the description specified for such deliverable in the order. The ordering activity will be responsible for any additional review and testing of such deliverable in accordance with any mutually agreed test scripts as may be included in Mythics’ project management plan. If the deliverable does not conform with the description for such deliverable specified in the order, the ordering activity shall have ten (10) business days after Mythics’ submission of the deliverable to give Mythics written notice which shall specify the deficiencies in detail. Mythics shall use reasonable efforts to promptly cure any such deficiencies. After completing such cure, Mythics shall resubmit the deliverable for the ordering activity’s review and testing as set forth above. Upon C672Attachment 2, Page 29 of 104 Mythics, Inc. GS-35F-0153M Pg 30 accepting any deliverable submitted by Mythics, ordering activities shall provide Mythics with written acceptance of such deliverable. If an ordering activity fails to provide written notice of any deficiencies within ten (10) business days after Mythics’ submission, as provided above, such deliverable shall be deemed accepted at the end of that period. b. The Inspection–Time-and-Materials and Labor-Hour (JAN 1986) (FAR 52.246-6, Deviation – May 2003) clause in Mythics' contract applies to time-and-materials and labor-hour orders placed under this contract. Unless otherwise specified in an order, pursuant to paragraph (e) of this clause, time and materials and labor hours services shall be presumed accepted ten (10) business days after performance, unless accepted earlier, and any post acceptance re-performance required pursuant to paragraph (f) must be requested no later than three (3) months after performance. Any such re-performance of services shall be provided at the rates applicable to the original performance under the order. 7. RESPONSIBILITIES OF THE CONTRACTOR a. The Contractor shall comply with all laws, ordinances, and regulations (Federal, State, City, or otherwise) covering work of this character. If the end product of a task order is software, then FAR 52.227-14 (Deviation – May 2003) Rights in Data – General, may apply. b. Subject to security regulations, the ordering activity shall permit Mythics access to all facilities necessary to perform the requisite IT Professional Services. Ordering activities must provide office space, facilities, equipment, assistance, cooperation, accurate information, and suitable configured computer products for the performance of Mythics services. c. Both Mythics and ordering activities shall designate a Project Manager responsible for working together to facilitate an efficient delivery of services. Any request for a change in services must be in writing; this includes requests for changes in project plans, scope, specifications, schedule, designs, requirements, or any other aspect of an ordering activity’s order. Pursuant to the changes clause of this contract, Mythics shall not be obligated to perform tasks related to changes in time, scope, or cost until the ordering activity and Mythics agree in writing to the proposed change in an amendment to the order. d. If, while performing services, Mythics requires access to another vendor’s products that are part of an ordering activity’s system, the ordering activity will be responsible for acquiring all license tights necessary for Mythics to access such products on behalf of the ordering activity. 8. RESPONSIBILITIES OF THE ORDERING ACTIVITY a. Subject to security regulations, the ordering activity shall permit Mythics access to all facilities necessary to perform the requisite IT Services. Ordering activities must provide office space, facilities, equipment, assistance, cooperation, accurate information, and suitable configured computer products for the performance of Mythics services. b. Both Mythics and ordering activities shall designate a Project Manager responsible for working together to facilitate an efficient delivery of services. Any request for a change in services must be in writing; this includes requests for changes in project plans, scope, specifications, schedule, designs, requirements, or any other aspect of an ordering activity’s order. Pursuant to the changes clause of this contract, Mythics shall not be obligated to perform tasks related to changes in time, scope, or cost until the ordering activity and Mythics agree in writing to the proposed change in an amendment to the order. c. If, while performing services, Mythics requires access to another vendor’s products that are part of an ordering activity’s system, the ordering activity will be responsible for acquiring all license rights necessary for Mythics to access such products on behalf of the ordering activity. C672Attachment 2, Page 30 of 104 Mythics, Inc. GS-35F-0153M Pg 31 9. INDEPENDENT CONTRACTOR All IT Services performed by the Contractor under the terms of this contract shall be as an independent Contractor, and not as an agent or employee of the ordering activity. 10. ORGANIZATIONAL CONFLICTS OF INTEREST a. Definitions. “Contractor” means the person, firm, unincorporated association, joint venture, partnership, or corporation that is a party to this contract. “Contractor and its affiliates” and “Contractor or its affiliates” refers to the Contractor, its chief executives, directors, officers, subsidiaries, affiliates, subcontractors at any tier, and consultants and any joint venture involving the Contractor, any entity into or with which the Contractor subsequently merges or affiliates, or any other successor or assignee of the Contractor. An “Organizational conflict of interest” exists when the nature of the work to be performed under a proposed ordering activity contract, without some restriction on ordering activities by the Contractor and its affiliates, may either (i) result in an unfair competitive advantage to the Contractor or its affiliates or (ii) impair the Contractor’s or its affiliates’ objectivity in performing contract work. b. To avoid an organizational or financial conflict of interest and to avoid prejudicing the best interests of the ordering activity, ordering activities may place restrictions on the Contractors, its affiliates, chief executives, directors, subsidiaries and subcontractors at any tier when placing orders against schedule contracts. Such restrictions shall be consistent with FAR 9.505 and shall be designed to avoid, neutralize, or mitigate organizational conflicts of interest that might otherwise exist in situations related to individual orders placed against the schedule contract. Examples of situations, which may require restrictions, are provided at FAR 9.508. 11. INVOICES The Contractor, upon completion of the work ordered, shall submit invoices for IT services. Progress payments may be authorized by the ordering activity on individual orders if appropriate. Progress payments shall be based upon completion of defined milestones or interim products. Invoices shall be submitted monthly for recurring services performed during the preceding month. 12. PAYMENTS For firm-fixed price orders the ordering activity shall pay the Contractor, upon submission of proper invoices or vouchers, the prices stipulated in this contract for service rendered and accepted. Progress payments shall be made only when authorized by the order. For time-and-materials orders, the Payments under Time-and-Materials and Labor-Hour Contracts at FAR 52.232-7 (DEC 2002), (Alternate II – Feb 2002) (Deviation – May 2003) applies to time-and-materials orders placed under this contract. For labor-hour orders, the Payment under Time-and-Materials and Labor-Hour Contracts at FAR 52.232-7 (DEC 2002), (Alternate II – Feb 2002) (Deviation – May 2003)) applies to labor-hour orders placed under this contract. 13. RESUMES Resumes shall be provided to the GSA Contracting Officer or the user ordering activity upon request. 14. INCIDENTAL SUPPORT COSTS Incidental support costs are available outside the scope of this contract. The costs will be negotiated separately with the ordering activity in accordance with the guidelines set forth in the FAR. C672Attachment 2, Page 31 of 104 Mythics, Inc. GS-35F-0153M Pg 32 15. APPROVAL OF SUBCONTRACTS The ordering activity may require that Mythics receive, from the ordering activity's Contracting Officer, written consent before placing any subcontract for furnishing any of the work called for in a task order. Notwithstanding any other provision of this contract, unless otherwise agreed between Mythics and an ordering activity, under a time and material or labor-hour order, an approved subcontractor’s work hours shall be provided to the ordering activity under the labor categories in this contract at the rates in this contract or the order. 16. DESCRIPTION OF IT SERVICES AND PRICING Senior Principal GSA Hourly Rate: $249.12 Minimum General Experience: Significant (typically 4+ years) experience in a consulting environment with use of a Mythics consulting methodology. High level of technical competence within Oracle America, Inc and other software. Functional Responsibility: Perform analysis of client requirements and translate them into application specifications. Manage application implementations. Provide consulting services to the clients regarding integrated applications. Develop high-quality deliverables on time and within budget. Possess skills in designing and developing approaches to satisfy clients’ business needs. Minimum Education: BA/BS in Computer Science, Information Systems, Business, or related field. Principal Engineer GSA Hourly Rate: $216.89 Minimum General Experience: Considerable (typically 4+ years) in information systems development, functional and data requirements analysis, systems analysis, and program design. Experience managing implementation of information/software engineering projects and either in systems design, programming, or DBA with knowledge/experience in CASE tools/methods, or functional experience performing business systems analysis working with Software applications products. Knowledge of Software technology. Possess leadership and/or supervisory skills. Functional Responsibility: Apply enterprise-wide set of disciplines for planning, analysis, design, and development of systems for multiple installations or a major sector. Analysis of clients’ processes and adaptation of products to clients’ needs. Transform client needs into project design specifications. Develop and administer client-designed DB solutions. Prepare detailed design documents. Understand development according to Mythics Methodologies. Provide supervision and direction to staff on technical assignments in development or project site. Minimum Education: BA/BS in Computer Science, Information Systems, Business, or related field. C672Attachment 2, Page 32 of 104 Mythics, Inc. GS-35F-0153M Pg 33 Senior Engineer GSA Hourly Rate: $177.07 Minimum General Experience: Considerable (typically 1-4 years) experience in software applications development, or functional experience performing business systems analysis working with Oracle America, Inc’s applications products. Should possess specific industry experience. Solid ability to perform analysis and design. Experience managing project teams. Functional Responsibility: Develop organization-wide information models for use in designing and building integrated, shared software and database management systems. Apply BPR to design, develop, and test the Software packaged goods application. Integrate applications. Ensure that project tasks are completed thoroughly and on time with the highest quality standards. Serve as project team leader. Convert specifications into design and convert design into deliverables on schedule. Perform quality assurance on all deliverables. Minimum Education: BA/BS in Computer Science, Electrical Engineering, or related field. C672Attachment 2, Page 33 of 104 Mythics, Inc. GS-35F-0153M Pg 34 SECTION VI USA COMMITMENT TO PROMOTE SMALL BUSINESS PARTICIPATION PROCUREMENT PROGRAMS PREAMBLE Mythics, Inc provides commercial products and services to ordering activities. We are committed to promoting participation of small, small disadvantaged and women-owned small businesses in our contracts. We pledge to provide opportunities to the small business community through reselling opportunities, mentor-protégé programs, joint ventures, teaming arrangements, and subcontracting. COMMITMENT To actively seek and partner with small businesses. To identify, qualify, mentor and develop small, small disadvantaged and women-owned small businesses by purchasing from these businesses whenever practical. To develop and promote company policy initiatives that demonstrate our support for awarding contracts and subcontracts to small business concerns. To undertake significant efforts to determine the potential of small, small disadvantaged and women-owned small business to supply products and services to our company. To insure procurement opportunities are designed to permit the maximum possible participation of small, small disadvantaged, and women-owned small businesses. To attend business opportunity workshops, minority business enterprise seminars, trade fairs, procurement conferences, etc., to identify and increase small businesses with whom to partner. To publicize in our marketing publications our interest in meeting small businesses that may be interested in subcontracting opportunities. We signify our commitment to work in partnership with small, small disadvantaged and women-owned small businesses to promote and increase their participation in ordering activity contracts. To accelerate potential opportunities please contact: Mr. Dale E. Darr Phone: (757) 493-3010 E-mail: DEDarr@mythics.com Fax: (757) 412-1060 C672Attachment 2, Page 34 of 104 Mythics, Inc. GS-35F-0153M Pg 35 SECTION VII BEST VALUE BLANKET PURCHASE AGREEMENT FEDERAL SUPPLY SCHEDULE (Insert Customer Name) In the spirit of the Federal Acquisition Streamlining Act (ordering activity) and Mythics, Inc enter into a cooperative agreement to further reduce the administrative costs of acquiring commercial items from the General Services Administration (GSA) Federal Supply Schedule Contract(s) ____________________. Federal Supply Schedule contract BPAs eliminate contracting and open market costs such as: search for sources; the development of technical documents, solicitations and the evaluation of offers. Teaming Arrangements are permitted with Federal Supply Schedule Contractors in accordance with Federal Acquisition Regulation (FAR) 9.6. This BPA will further decrease costs, reduce paperwork, and save time by eliminating the need for repetitive, individual purchases from the schedule contract. The end result is to create a purchasing mechanism for the ordering activity that works better and costs less. Signatures Ordering Activity Date Contractor Date C672Attachment 2, Page 35 of 104 Mythics, Inc. GS-35F-0153M Pg 36 BPA NUMBER_____________ (CUSTOMER NAME) BLANKET PURCHASE AGREEMENT Pursuant to GSA Federal Supply Schedule Contract Number(s)____________, Blanket Purchase Agreements, the Contractor agrees to the following terms of a Blanket Purchase Agreement (BPA) EXCLUSIVELY WITH (ordering activity): (1) The following contract items can be ordered under this BPA. All orders placed against this BPA are subject to the terms and conditions of the contract, except as noted below: MODEL NUMBER/PART NUMBER *SPECIAL BPA DISCOUNT/PRICE (2) Delivery: DESTINATION DELIVERY SCHEDULES / DATES (3) The ordering activity estimates, but does not guarantee, that the volume of purchases through this agreement will be _________________________. (4) This BPA does not obligate any funds. (5) This BPA expires on _________________ or at the end of the contract period, whichever is earlier. (6) The following office(s) is hereby authorized to place orders under this BPA: OFFICE POINT OF CONTACT (7) Orders will be placed against this BPA via Electronic Data Interchange (EDI), FAX, or paper. (8) Unless otherwise agreed to, all deliveries under this BPA must be accompanied by delivery tickets or sales slips that must contain the following information as a minimum: (a) Name of Contractor; (b) Contract Number; (c) BPA Number; (d) Model Number or National Stock Number (NSN); C672Attachment 2, Page 36 of 104 Mythics, Inc. GS-35F-0153M Pg 37 (e) Purchase Order Number; (f) Date of Purchase; (g) Quantity, Unit Price, and Extension of Each Item (unit prices and extensions need not be shown when incompatible with the use of automated systems; provided, that the invoice is itemized to show the information); and (h) Date of Shipment. (9) The requirements of a proper invoice are specified in the Federal Supply Schedule contract. Invoices will be submitted to the address specified within the purchase order transmission issued against this BPA. (10) The terms and conditions included in this BPA apply to all purchases made pursuant to it. In the event of an inconsistency between the provisions of this BPA and the Contractor’s invoice, the provisions of this BPA will take precedence. C672Attachment 2, Page 37 of 104 Mythics, Inc. GS-35F-0153M Pg 38 SECTION VIII BASIC GUIDELINES FOR USING “CONTRACTOR TEAM ARRANGEMENTS” Federal Supply Schedule Contractors may use “Contractor Team Arrangements” (see FAR 9.6) to provide solutions when responding to a ordering activity requirements. These Team Arrangements can be included under a Blanket Purchase Agreement (BPA). BPAs are permitted under all Federal Supply Schedule contracts. Orders under a Team Arrangement are subject to terms and conditions or the Federal Supply Schedule Contract. Participation in a Team Arrangement is limited to Federal Supply Schedule Contractors. Customers should refer to FAR 9.6 for specific details on Team Arrangements. Here is a general outline on how it works:  The customer identifies their requirements.  Federal Supply Schedule Contractors may individually meet the customers needs, or -  Federal Supply Schedule Contractors may individually submit a Schedules “Team Solution” to meet the customer’s requirement.  Customers make a best value selection. C672Attachment 2, Page 38 of 104 PLEASE NOTE:  MISSING PAGES    MYTHICS GSA agreement # GS‐35F‐0153M pages 39‐41, 44‐46 and 49‐366 do not pertain to this  purchase.  The relevant pages of the price agreement are as follows:  Oracle Database Enterprise Edition – Processor = Pg42  Diagnostics Pack– Processor = Pg 48  Tuning Pack– Processor = Pg 48  Spatial– Processor = Pg 48    Oracle Database Enterprise Edition– Named User Plus = Pg 47  Diagnostics Pack– Named User Plus = Pg 43  Tuning Pack – Named User Plus = Pg 43  Spatial – Named User Plus = Pg 42    C672Attachment 2, Page 39 of 104 Mythics, Inc. GS-35F-0153M Pg 42 Mfg Mfg # SIN Description GSA Warranty Oracle America, Inc A85986-S 132-34 Oracle Annual software Maintenance Update & Support for iReceivables; License Term - Perpetual; License Type - 1K Invoice Line; Minimum - 20 $5.35 Oracle Comm'l Oracle America, Inc A89485 132-33 Project Contracts; License Term - Perpetual; License Type - Application User; Minimum - 10 $2,917.48 Oracle Comm'l Oracle America, Inc A89485-S 132-34 Oracle Annual software Maintenance Update & Support for Project Contracts; License Term - Perpetual; License Type - Application User; Minimum - 10 $641.85 Oracle Comm'l Oracle America, Inc A89487 132-33 Project Resource Management; License Term - Perpetual; License Type - Person; Minimum - 50 $94.90 Oracle Comm'l Oracle America, Inc A89487-S 132-34 Oracle Annual software Maintenance Update & Support for Project Resource Management; License Term - Perpetual; License Type - Person; Minimum - 50 $20.88 Oracle Comm'l Oracle America, Inc A89488 132-33 Applications Read-Only User; License Term - Perpetual; License Type - Applications Read-Only User; Minimum - 1 $727.55 Oracle Comm'l Oracle America, Inc A89488-S 132-34 Oracle Annual software Maintenance Update & Support for Applications Read-Only User; License Term - Perpetual; License Type - Applications Read- Only User; Minimum - 1 $160.06 Oracle Comm'l Oracle America, Inc A90610 132-33 Standard Edition - Database Product; License Term - Perpetual; License Type - Processor; Minimum - None. Footnotes:OTGPL-5, OTGPL-48, OTGPL-74 $7,299.79 Oracle Comm'l Oracle America, Inc A90610-S 132-34 Oracle Annual software Maintenance Update & Support for Standard Edition - Database Product; License Term - Perpetual; License Type - Processor; Minimum - None. Footnotes:OTGPL-5, OTGPL-48, OTGPL-74 $1,605.95 Oracle Comm'l Oracle America, Inc A90611 132-33 Enterprise Edition - Database Product; License Term - Perpetual; License Type - Processor; Minimum - None. Footnotes:OTGPL-8, OTGPL-74 $19,466.11 Oracle Comm'l Oracle America, Inc A90611-S 132-34 Oracle Annual software Maintenance Update & Support for Enterprise Edition - Database Product; License Term - Perpetual; License Type - Processor; Minimum - None. Footnotes:OTGPL-8, OTGPL-74 $4,282.54 Oracle Comm'l Oracle America, Inc A90619 132-33 Real Application Clusters; License Term - Perpetual; License Type - Processor; Minimum - None. Footnotes:OTGPL-2, OTGPL-74 $9,733.05 Oracle Comm'l Oracle America, Inc A90619-S 132-34 Oracle Annual software Maintenance Update & Support for Real Application Clusters; License Term - Perpetual; License Type - Processor; Minimum - None. Footnotes:OTGPL-2, OTGPL-74 $2,141.27 Oracle Comm'l Oracle America, Inc A90620 132-33 Partitioning ; License Term - Perpetual; License Type - Processor; Minimum - None. Footnotes:OTGPL-2, OTGPL-74 $4,866.53 Oracle Comm'l Oracle America, Inc A90620-S 132-34 Oracle Annual software Maintenance Update & Support for Partitioning ; License Term - Perpetual; License Type - Processor; Minimum - None. Footnotes:OTGPL-2, OTGPL-74 $1,070.64 Oracle Comm'l Oracle America, Inc A90621 132-33 Spatial; License Term - Perpetual; License Type - Processor; Minimum - None. Footnotes:OTGPL-2 $4,866.53 Oracle Comm'l Oracle America, Inc A90621-S 132-34 Oracle Annual software Maintenance Update & Support for Spatial; License Term - Perpetual; License Type - Processor; Minimum - None. Footnotes:OTGPL-2 $1,070.64 Oracle Comm'l Oracle America, Inc A90622 132-33 Advanced Security; License Term - Perpetual; License Type - Processor; Minimum - None. Footnotes:OTGPL-2 $4,866.53 Oracle Comm'l Oracle America, Inc A90622-S 132-34 Oracle Annual software Maintenance Update & Support for Advanced Security; License Term - Perpetual; License Type - Processor; Minimum - None. Footnotes:OTGPL-2 $1,070.64 Oracle Comm'l Oracle America, Inc A90623 132-33 Label Security; License Term - Perpetual; License Type - Processor; Minimum - None. Footnotes:OTGPL-2 $4,866.53 Oracle Comm'l C672Attachment 2, Page 40 of 104 Mythics, Inc. GS-35F-0153M Pg 43 Mfg Mfg # SIN Description GSA Warranty Oracle America, Inc A90623-S 132-34 Oracle Annual software Maintenance Update & Support for Label Security; License Term - Perpetual; License Type - Processor; Minimum - None. Footnotes:OTGPL-2 $1,070.64 Oracle Comm'l Oracle America, Inc A90629 132-33 Change Management Pack; License Term - Perpetual; License Type - Processor; Minimum - None. Footnotes:OTGPL-2, OTGPL-74 $1,459.96 Oracle Comm'l Oracle America, Inc A90629-S 132-34 Oracle Annual software Maintenance Update & Support for Change Management Pack; License Term - Perpetual; License Type - Processor; Minimum - None. Footnotes:OTGPL-2, OTGPL-74 $321.19 Oracle Comm'l Oracle America, Inc A90631 132-33 Standard Edition - Internet Application Server Product; License Term - Perpetual; License Type - Processor; Minimum - None. Footnotes:OTGPL-1, OTGPL-24, OTGPL-48, OTGPL-74 $4,866.53 Oracle Comm'l Oracle America, Inc A90631-S 132-34 Oracle Annual software Maintenance Update & Support for Standard Edition - Internet Application Server Product; License Term - Perpetual; License Type - Processor; Minimum - None. Footnotes:OTGPL-1, OTGPL-24, OTGPL-48, OTGPL-74 $1,070.64 Oracle Comm'l Oracle America, Inc A90632 132-33 Enterprise Edition - Internet Application Server Product; License Term - Perpetual; License Type - Processor; Minimum - None. Footnotes:OTGPL-1, OTGPL-24, OTGPL-74 $14,599.58 Oracle Comm'l Oracle America, Inc A90632-S 132-34 Oracle Annual software Maintenance Update & Support for Enterprise Edition - Internet Application Server Product; License Term - Perpetual; License Type - Processor; Minimum - None. Footnotes:OTGPL-1, OTGPL-24, OTGPL-74 $3,211.91 Oracle Comm'l Oracle America, Inc A90640 132-33 Express Server; License Term - Perpetual; License Type - Processor; Minimum - None $19,466.11 Oracle Comm'l Oracle America, Inc A90640-S 132-34 Oracle Annual software Maintenance Update & Support for Express Server; License Term - Perpetual; License Type - Processor; Minimum - None $4,282.54 Oracle Comm'l Oracle America, Inc A90641 132-33 Rbd Enterprise Edition; License Term - Perpetual; License Type - Processor; Minimum - None. Footnotes:OTGPL-30 $19,466.11 Oracle Comm'l Oracle America, Inc A90641-S 132-34 Oracle Annual software Maintenance Update & Support for Rbd Enterprise Edition; License Term - Perpetual; License Type - Processor; Minimum - None. Footnotes:OTGPL-30 $4,282.54 Oracle Comm'l Oracle America, Inc A90642 132-33 TRACE; License Term - Perpetual; License Type - Processor; Minimum - None. Footnotes:OTGPL-31, OTGPL-32 $2,433.26 Oracle Comm'l Oracle America, Inc A90642-S 132-34 Oracle Annual software Maintenance Update & Support for TRACE; License Term - Perpetual; License Type - Processor; Minimum - None. Footnotes:OTGPL-31, OTGPL-32 $535.32 Oracle Comm'l Oracle America, Inc A90648 132-33 CDD/Runtime; License Term - Perpetual; License Type - Processor; Minimum - None. Footnotes:OTGPL-34 $2,433.26 Oracle Comm'l Oracle America, Inc A90648-S 132-34 Oracle Annual software Maintenance Update & Support for CDD/Runtime; License Term - Perpetual; License Type - Processor; Minimum - None. Footnotes:OTGPL-34 $535.32 Oracle Comm'l Oracle America, Inc A90649 132-33 Diagnostics Pack; License Term - Perpetual; License Type - Processor; Minimum - None. Footnotes:OTGPL-2, OTGPL-74 $1,459.96 Oracle Comm'l Oracle America, Inc A90649-S 132-34 Oracle Annual software Maintenance Update & Support for Diagnostics Pack; License Term - Perpetual; License Type - Processor; Minimum - None. Footnotes:OTGPL-2, OTGPL-74 $321.19 Oracle Comm'l Oracle America, Inc A90650 132-33 Tuning Pack; License Term - Perpetual; License Type - Processor; Minimum - None. Footnotes:OTGPL-2, OTGPL-74 $1,459.96 Oracle Comm'l Oracle America, Inc A90650-S 132-34 Oracle Annual software Maintenance Update & Support for Tuning Pack; License Term - Perpetual; License Type - Processor; Minimum - None. Footnotes:OTGPL-2, OTGPL-74 $321.19 Oracle Comm'l Oracle America, Inc A90683 132-33 Data Mining; License Term - Perpetual; License Type - Processor; Minimum - None. Footnotes:OTGPL-2 $9,733.05 Oracle Comm'l C672Attachment 2, Page 41 of 104 Mythics, Inc. GS-35F-0153M Pg 47 Mfg Mfg # SIN Description GSA Warranty Oracle America, Inc EIS- 2WAYWG S-E 132-8 EIS Installation Services: Single Exadata Storage Server; Per Installation $551.97 Oracle Comm'l Oracle America, Inc EIS- 2WAYWG S-E-ABH 132-8 EIS Installation Services: Single Exadata Storage Server; Per Installation; Aftter Business Hours $827.95 Oracle Comm'l Oracle America, Inc EIS-QS- CBL-T1-E 132-8 EIS Installation Services: Exadata Database Machine X2-2 Multi-Rack Cabling (2 or 3 Racks); Per Installation $5,939.67 Oracle Comm'l Oracle America, Inc EIS-QS- CBL-T1-E- ABH 132-8 EIS Installation Services: Exadata Database Machine X2-2 Multi-Rack Cabling (2 or 3 Full Racks); Per Installation; Aftter Business Hours $8,909.50 Oracle Comm'l Oracle America, Inc EIS-QS- CBL-T2-E 132-8 EIS Installation Services: Exadata Database Machine X2-2 Multi-Rack Cabling (4,5 or 6 Racks); Per Installation $8,909.50 Oracle Comm'l Oracle America, Inc EIS-QS- CBL-T2-E- ABH 132-8 EIS Installation Services: Exadata Database Machine X2-2 Multi-Rack Cabling (4,5 or 6 Full Racks); Per Installation; Aftter Business Hours $13,364.25 Oracle Comm'l Oracle America, Inc EIS-QS- CBL-T3-E 132-8 EIS Installation Services: Exadata Database Machine X2-2 Multi-Rack Cabling (7 or 8 Racks); Per Installation $11,879.33 Oracle Comm'l Oracle America, Inc EIS-QS- CBL-T3-E- ABH 132-8 EIS Installation Services: Exadata Database Machine X2-2 Multi-Rack Cabling (7 or 8 Full Racks); Per Installation; Aftter Business Hours $17,819.00 Oracle Comm'l Oracle America, Inc EIS-QS- SYS-E 132-8 EIS Installation Services: Exadata Database Machine X2-2 Full Rack, Half, or Quarter Rack; Per Installation $4,619.74 Oracle Comm'l Oracle America, Inc EIS-QS- SYS-E- ABH 132-8 EIS Installation Services: Exadata Database Machine X2-2 Full Rack, Half, or Quarter Rack; Per Installation; Aftter Business Hours $6,929.61 Oracle Comm'l Oracle America, Inc EIS-QS- UP-E 132-8 EIS Installation Services: Exadata Database Machine X2-2 Half Rack to Full Rack Upgrade; Per Installation $15,839.11 Oracle Comm'l Oracle America, Inc EIS-QS- UP-E-ABH 132-8 EIS Installation Services: Exadata Database Machine X2-2 Half Rack to Full Rack Upgrade; Per Installation; Aftter Business Hours $31,678.22 Oracle Comm'l Oracle America, Inc EIS-QS- UPH-E 132-8 EIS Installation Services: Exadata Database Machine X2-2 Quarter Rack to Half Rack Upgrade; Per Installation $10,559.41 Oracle Comm'l Oracle America, Inc EIS-QS- UPH-E- ABH 132-8 EIS Installation Services: Exadata Database Machine X2-2 Quarter Rack to Half Rack Upgrade; Per Installation; Aftter Business Hours $21,118.81 Oracle Comm'l Oracle America, Inc L10001 132-33 Enterprise Edition - Database Product; License Term - Perpetual; License Type - Named User Plus; Minimum - 25. Footnotes:OTGPL-8, OTGPL-74 $389.32 Oracle Comm'l Oracle America, Inc L10001-S 132-34 Oracle Annual software Maintenance Update & Support for Enterprise Edition - Database Product; License Term - Perpetual; License Type - Named User Plus; Minimum - 25. Footnotes:OTGPL-8, OTGPL-74 $85.65 Oracle Comm'l Oracle America, Inc L10003 132-33 Personal Edition; License Term - Perpetual; License Type - Named User Plus; Minimum - None. Footnotes:OTGPL-9, OTGPL-48 $194.66 Oracle Comm'l Oracle America, Inc L10003-S 132-34 Oracle Annual software Maintenance Update & Support for Personal Edition; License Term - Perpetual; License Type - Named User Plus; Minimum - None. Footnotes:OTGPL-9, OTGPL-48 $42.83 Oracle Comm'l Oracle America, Inc L10004 132-33 Standard Edition - Database Product; License Term - Perpetual; License Type - Named User Plus; Minimum - 5. Footnotes:OTGPL-5, OTGPL-48, OTGPL-74 $146.00 Oracle Comm'l Oracle America, Inc L10004-S 132-34 Oracle Annual software Maintenance Update & Support for Standard Edition - Database Product; License Term - Perpetual; License Type - Named User Plus; Minimum - 5. Footnotes:OTGPL-5, OTGPL-48, OTGPL-74 $32.12 Oracle Comm'l C672Attachment 2, Page 42 of 104 Mythics, Inc. GS-35F-0153M Pg 48 Mfg Mfg # SIN Description GSA Warranty Oracle America, Inc L10005 132-33 Real Application Clusters; License Term - Perpetual; License Type - Named User Plus; Minimum - 25. Footnotes:OTGPL-2, OTGPL-74 $194.66 Oracle Comm'l Oracle America, Inc L10005-S 132-34 Oracle Annual software Maintenance Update & Support for Real Application Clusters; License Term - Perpetual; License Type - Named User Plus; Minimum - 25. Footnotes:OTGPL-2, OTGPL-74 $42.83 Oracle Comm'l Oracle America, Inc L10006 132-33 Partitioning ; License Term - Perpetual; License Type - Named User Plus; Minimum - 25. Footnotes:OTGPL-2, OTGPL-74 $97.33 Oracle Comm'l Oracle America, Inc L10006-S 132-34 Oracle Annual software Maintenance Update & Support for Partitioning ; License Term - Perpetual; License Type - Named User Plus; Minimum - 25. Footnotes:OTGPL-2, OTGPL-74 $21.41 Oracle Comm'l Oracle America, Inc L10007 132-33 OLAP; License Term - Perpetual; License Type - Named User Plus; Minimum - None. Footnotes:OTGPL-2 $194.66 Oracle Comm'l Oracle America, Inc L10007-S 132-34 Oracle Annual software Maintenance Update & Support for OLAP; License Term - Perpetual; License Type - Named User Plus; Minimum - None. Footnotes:OTGPL-2 $42.83 Oracle Comm'l Oracle America, Inc L10008 132-33 Data Mining; License Term - Perpetual; License Type - Named User Plus; Minimum - 25. Footnotes:OTGPL-2 $194.66 Oracle Comm'l Oracle America, Inc L10008-S 132-34 Oracle Annual software Maintenance Update & Support for Data Mining; License Term - Perpetual; License Type - Named User Plus; Minimum - 25. Footnotes:OTGPL-2 $42.83 Oracle Comm'l Oracle America, Inc L10009 132-33 Spatial; License Term - Perpetual; License Type - Named User Plus; Minimum - 25. Footnotes:OTGPL-2 $97.33 Oracle Comm'l Oracle America, Inc L10009-S 132-34 Oracle Annual software Maintenance Update & Support for Spatial; License Term - Perpetual; License Type - Named User Plus; Minimum - 25. Footnotes:OTGPL-2 $21.41 Oracle Comm'l Oracle America, Inc L10010 132-33 Advanced Security; License Term - Perpetual; License Type - Named User Plus; Minimum - 25. Footnotes:OTGPL-2 $97.33 Oracle Comm'l Oracle America, Inc L10010-S 132-34 Oracle Annual software Maintenance Update & Support for Advanced Security; License Term - Perpetual; License Type - Named User Plus; Minimum - 25. Footnotes:OTGPL-2 $21.41 Oracle Comm'l Oracle America, Inc L10011 132-33 Label Security; License Term - Perpetual; License Type - Named User Plus; Minimum - 25. Footnotes:OTGPL-2 $97.33 Oracle Comm'l Oracle America, Inc L10011-S 132-34 Oracle Annual software Maintenance Update & Support for Label Security; License Term - Perpetual; License Type - Named User Plus; Minimum - 25. Footnotes:OTGPL-2 $21.41 Oracle Comm'l Oracle America, Inc L10012 132-33 Diagnostics Pack; License Term - Perpetual; License Type - Named User Plus; Minimum - 25. Footnotes:OTGPL-2, OTGPL-74 $29.20 Oracle Comm'l Oracle America, Inc L10012-S 132-34 Oracle Annual software Maintenance Update & Support for Diagnostics Pack; License Term - Perpetual; License Type - Named User Plus; Minimum - 25. Footnotes:OTGPL-2, OTGPL-74 $6.42 Oracle Comm'l Oracle America, Inc L10013 132-33 Tuning Pack; License Term - Perpetual; License Type - Named User Plus; Minimum - 25. Footnotes:OTGPL-2, OTGPL-74 $29.20 Oracle Comm'l Oracle America, Inc L10013-S 132-34 Oracle Annual software Maintenance Update & Support for Tuning Pack; License Term - Perpetual; License Type - Named User Plus; Minimum - 25. Footnotes:OTGPL-2, OTGPL-74 $6.42 Oracle Comm'l Oracle America, Inc L10014 132-33 Change Management Pack; License Term - Perpetual; License Type - Named User Plus; Minimum - 25. Footnotes:OTGPL-2, OTGPL-74 $29.20 Oracle Comm'l Oracle America, Inc L10014-S 132-34 Oracle Annual software Maintenance Update & Support for Change Management Pack; License Term - Perpetual; License Type - Named User Plus; Minimum - 25. Footnotes:OTGPL-2, OTGPL-74 $6.42 Oracle Comm'l Oracle America, Inc L10017 132-33 Standard Edition - Internet Application Server Product; License Term - Perpetual; License Type - Named User Plus; Minimum - 10. Footnotes:OTGPL-1, OTGPL- 24, OTGPL-48, OTGPL-74 $97.33 Oracle Comm'l C672Attachment 2, Page 43 of 104 Mythics, Inc. GS-35F-0153M Pg 367 APPENDIX I ORACLE AMERICA, INC (“ORACLE”) LICENSE DEFINITIONS AND RULES To fully understand your license grant, you need to review the definition for both the licensing metric and term designation and complying with the licensing rules, which are listed below. For these License Definitions and Rules, you/your shall have the same meaning as ordering activity. The term ordering activity refers to a third party that is eligible (as identified in Appendices A, B and C of GSA ADM 4800.2E and any subsequent revision) to place orders off this GSA Schedule contract. In addition, the term ordering activity includes state and local government entities authorized through Cooperative Purchasing (GSAM Subpart 538.70) to place orders off this GSA Schedule Contract. License Definitions and Rules (v121510) Adapter: is defined as each software code interface, installed on each Oracle’s Internet Application Server Enterprise Edition, which facilitates communication of information between each version of a third party software application or system and Oracle programs. $M Annual Transaction Volume: is defined as one million U.S. dollars in all purchase orders transacted and all auctions conducted through the Oracle Exchange Marketplace by you and others during the applicable year of the Oracle Exchange Marketplace license, regardless of whether any such auction results in a purchase order, provided that an auction resulting in a purchase order shall only be counted against the Annual Transaction Volume once. Applications National Language Support (NLS) Supplement Media Packs: Please be advised that only a subset of the products included on an Applications NLS Supplement Media Pack have been translated. For existing supported customers, My Oracle Support has information on which products have been translated for the supported languages (https://support.oracle.com). For new or unsupported customers, please contact your Oracle Account Manager for this information. Applications National Language Support (NLS) Supplement Media Packs: Please be advised that only a subset of the products included on an Applications NLS Supplement Media Pack have been translated. For existing supported customers, My Oracle Support has information on which products have been translated for the supported languages (https://support.oracle.com). For new or unsupported customers, please contact your Oracle Account Manager for this information. $M in Application Annual Revenue: is defined as one million U.S. Dollars - excluding taxes processed through the licensed program. For Oracle Self-Service E-Billing products, the Annual Revenue is equivalent to the total invoiced amount for all company accounts that have at least one enrolled user per billing period. Application User: is defined as an individual authorized by you to use the applicable licensed application programs which are installed on a single server or on multiple servers regardless of whether the individual is actively using the programs at any given time. If you license the Oracle Self Service Work Request option in conjunction with Oracle Enterprise Asset Management, you are required to maintain licenses for the equivalent number of Application Users licensed and you are granted unlimited access to initiate work requests, view work request status and view scheduled completion dates for your entire employee population. Application Users licensed for Oracle Order Management are allowed to manually enter orders directly into the programs but any orders entered electronically from other sources must be licensed separately. For Oracle Sourcing, Oracle iSupplier Portal, Oracle Services Procurement, PeopleSoft eSupplier Connection, PeopleSoft Strategic Sourcing and JD Edwards Supplier Self Service programs, use by your external suppliers is included with your application user licenses. Application Read-Only User: is defined as an individual authorized by you to run only queries or reports against the application program for which you have also acquired non read-only licenses, regardless of whether the individual is actively using the programs at any given time. C672Attachment 2, Page 44 of 104 Mythics, Inc. GS-35F-0153M Pg 368 Brand: is defined as a named product offering that corresponds to a specific molecular entity, including multiple dosage forms and multiple strengths for the same molecular entity. Case Report Form (CRF) Page: is defined as the "electronic equivalent" of what would be the total number of physical paper pages initiated remotely by the program (measured explicitly in the program as Received Data Collection Instruments) during a 12 month period. You may not exceed the licensed number of CRF Pages during any 12 month period unless you acquire additional CRF Page licenses from Oracle. Collaboration Program User: is defined as an individual authorized by you to use the programs which are installed on a single server or on multiple servers regardless of whether the individual is actively using the programs at any given time. For the purposes of counting and licensing the number of Beehive Synchronous Collaboration users, a Collaboration Program User within your company is defined as a user able to initiate, or host, a web conference and also participate in a web conference; all participants in the web conference external to your company and attending a web conference are not required to be licensed. Compensated Individual: is defined as an individual whose compensation or compensation calculations are generated by the programs. The term Compensated Individual includes, but is not limited to, your employees, contractors, retirees, and any other Person. Computer: is defined as the computer on which the programs are installed. A Computer license allows you to use the licensed program on a single specified computer. Concurrent User: is defined as each individual that may concurrently use or access the programs. Concurrent Users shall be only customers or prospective customers of yours, and shall not be business partners, or employees of yours. Connector: is defined as each connector connecting the software product with an external product. A unique connector is required for each distinct product that the software product is required to interface. $M Cost of Goods Sold: is defined as one million U.S. dollars in the total cost of inventory that a company has sold during their fiscal year. If Cost of Goods Sold is unknown to you then Cost of Goods Sold shall be equal to 75% of total company revenue. CPU: is defined as a chip that contains a collection of one or more cores on which the program is running. Regardless of the number of cores, each chip counts as 1 CPU. For the purposes of the following program: Oracle Utilities Customer Care and Billing Application Workbench, you may copy, install and use such program running on a CPU solely for development purposes. Customer: is defined as the customer entity specified your order. The programs may not be used or accessed for the business operations of any third party, including but not limited to your customers, partners, or your affiliates. There is no limitation on the number of computers on which such programs may be copied, installed and used. Customer Account: is defined as each unique Customer Account, designated by a unique account number, for which the billing information is managed or displayed using the program, regardless of the number of individual account holders associated with such accounts. Customer Record: is defined as each unique Customer Record (including contact records, prospect records and records in external data sources) that you may access using the program. Developer User / Developer/ Developer Seat: is defined as an individual authorized by you to use the programs which are installed on a single server or multiple servers, regardless of whether the individual is actively using the programs at any given time. With respect to Developer Users only, such users may create, modify, view and interact with the programs and documentation. Disk Drive: is defined as a spinning media device that stores data accessed by the Oracle Exadata Storage Server Software program. C672Attachment 2, Page 45 of 104 Mythics, Inc. GS-35F-0153M Pg 369 Electronic Order Line: is defined as the total number of distinct order lines entered electronically into the Oracle Order Management application from any source (not manually entered by licensed Order Management Users, Professional Users 2003, or Professional Users 2003 - External) during a 12 month period. This includes order lines originating as external EDI/XML transactions and/or sourced from other Oracle and non-Oracle applications. You may not exceed the licensed number of order lines during any 12 month period. Employee: is defined as all of your full-time, part-time, temporary employees and all of your agents, contractors and consultants. The quantity of the licenses required is determined by the number of Employees and not the actual number of users. In addition, if you elect to outsource any business function(s) to another company, all of the company's full-time, part-time, temporary employees and agents, contractors and consultants that are providing the outsourcing services for you must be counted for the purposes of determining the number of Employees. Employee User: is defined as an individual authorized by you to use the programs which are installed on a single server or multiple servers, regardless of whether or not the individual is actively using the programs at any given time. Expense Report: is defined as the total number of expense reports processed by Internet Expenses during a 12-month period. You may not exceed the licensed number of expense reports during any 12-month period. Faculty User: is defined as an active teaching member of the faculty for an accredited academic institution; such user may only use the programs for academic and non-commercial use. Field Technician: is defined as an engineer, technician, representative, or other person who is dispatched by you, including the dispatchers, to the field using the programs. $M Freight Under Management: is defined as one million US Dollars of the total transportation value of tendered orders for all shipments for a given calendar year during the term of the license. FUM shall include the combined total of actual freight purchased by you, plus the cost of freight for shipments managed by you (e.g., you are not purchasing transportation services on behalf of your clients but are providing transportation management services for your clients). Freight that is paid by a third party shall also be included in the FUM total (e.g., inbound shipments from suppliers to you with freight terms of prepaid). Full Time Equivalent (FTE) Student: is defined as any full-time student enrolled in your institution and any part-time student enrolled in your institution counts as 25% of an FTE Student. The definition of "full-time" and "part-time" is based on your policies for student classification. If the number of FTE Students is a fraction, that number will be rounded to the nearest whole number for purposes of license quantity requirements. Guest Room: is defined as the number of guest rooms managed by the program. Hosted Named User: is defined as an individual authorized by you to access the hosted service, regardless of whether the individual is actively accessing the hosted service at any given time. 1K Invoice Line: is defined as one thousand invoice line items processed by the program during a 12 month period. You may not exceed the licensed number of Invoice Lines during any 12 month period unless you acquire additional Invoice Line licenses from Oracle 1K Invoice Line: is defined as one thousand invoice line items processed by the program during a 12-month period. You may not exceed the licensed number of Invoice Lines during any 12-month period unless you acquire additional Invoice Line licenses from Oracle IVR Port: is defined as a single caller that can be processed via the Interactive Voice Response (IVR) system. You must purchase licenses for the number of IVR Ports that represent the maximum number of concurrent callers that can be processed by the IVR system. $M in Managed Assets: is defined as one million U.S. dollars - of the following total: (1) Book value of investment in capital leases, direct financing leases and other finance leases, including residuals, whether owned or managed for C672Attachment 2, Page 46 of 104 Mythics, Inc. GS-35F-0153M Pg 370 others, active on the program, plus (2) Book value of assets on operating leases, whether owned or managed for others, active on the program, plus (3) Book value of loans, notes, conditional sales contracts and other receivables, owned or managed for others, active on the program, plus (4) Book value of non earning assets, owned or managed for others, which were previously leased and active on the program, including assets from term terminated leases and repossessed assets, plus (5) Original cost of assets underlying leases and loans, originated and active on the program, then sold within the previous 12 months. Member Record: is defined as each unique customer loyalty program Member Record managed by the program. 100K Member Records shall mean one hundred thousand Member Records. Module: is defined as each production database running the programs. Monitored User: is defined as an individual who is monitored by an Analytics program which is installed on a single server or multiple servers, regardless of whether the individual is actively being monitored at any given time. Individual users who are licensed for an Analytics program by either Named User Plus or Application User may not be licensed by Monitored User. For the purposes of the Usage Accelerator Analytics program, every user of your licensed CRM Sales application program must be licensed. For the purposes of the Human Resources Compensation Analytics program, all of your employees must be licensed. For the purpose of the following Oracle Governance, Risk, and Compliance applications: Application Access Controls Governor, Application Access Controls for E-Business Suite, Configuration Controls Governor, Configuration Controls for E-Business Suite, Transaction Controls Governor, Preventive Controls Governor, and Governance, Risk, and Compliance Controls Suite, the number of Monitored Users is equal to the total number of unique E-Business Suite users (individuals) being monitored by the program(s), as created/defined in the User Administration function of E-Business Suite. Users of iProcurement and/or Self-Service Human Resources are excluded. For the purpose of the following PeopleSoft Enterprise Governance, Risk, and Compliance applications: Application Access Controls Governor, Application Access Controls for PeopleSoft Enterprise, Configuration Controls Governor, and Configuration Controls for PeopleSoft Enterprise, the number of Monitored Users is equal to the total number of unique PeopleSoft Enterprise (or any other custom applications / programs) users (individuals) that the program monitors. MySQL Cluster Carrier Grade Edition Annual Subscription, MySQL Enterprise Edition Annual Subscription and MySQL Standard Edition Annual Subscription: are defined as the right to use the specified program(s) in accordance with the applicable license metric and to receive Oracle Software Update License & Support for the specified program(s) for the term specified on the order. The subscription term is effective upon the effective date of the subscription ordering document, unless otherwise stated in your ordering document. If your order was placed through the Oracle Store, then the effective date is the date your order was accepted by Oracle. Oracle Software Update License & Support services are provided under the applicable technical support policies in effect at the time the services are provided. At the end of the specified term, you may renew your subscription, if available, at the then current fees for the applicable subscription. Named User Plus / Named User: is defined as an individual authorized by you to use the programs which are installed on a single server or multiple servers, regardless of whether the individual is actively using the programs at any given time. All of the remaining provisions of this definition apply only with respect to Named User Plus licenses, and not to Named User licenses. A non human operated device will be counted as a named user plus in addition to all individuals authorized to use the programs, if such devices can access the programs. If multiplexing hardware or software (e.g., a TP monitor or a web server product) is used, this number must be measured at the multiplexing front end. Automated batching of data from computer to computer is permitted. You are responsible for ensuring that the named user plus per processor minimums are maintained for the programs contained in the user minimum table in the licensing rules section; the minimums table provides for the minimum number of named users plus required and all actual users must be licensed. With respect to the following programs: Load Testing Load Testing Developer Edition, Load Testing Accelerator for Web Services, Load Testing Accelerator for Siebel, Load Testing Accelerator for Oracle E-Business Suite and Load C672Attachment 2, Page 47 of 104 Mythics, Inc. GS-35F-0153M Pg 371 Testing Accelerator for Application Development Framework Applications, each emulated human user and non human operated device shall be considered as a virtual user and shall be counted for the purposes of determining the number of Named User Plus licenses required. For the purposes of the following program: Oracle GoldenGate for Non Oracle Database only (a) the users of the Non Oracle database from which you capture data and (b) the users of the Non Oracle database where you will apply the data must be counted for the purpose of determining the number of licenses required. For the purposes of the following program: Oracle GoldenGate for Mainframe, only (a) the users of the database from which you capture data and (b) the users of the database where you will apply the data must be counted for the purpose of determining the number of licenses required. For the purposes of the following program: Oracle GoldenGate for Teradata Replication Services, only (a) the users of the database from which you capture data and (b) the users of the database where you will apply the data must be counted for the purpose of determining the number of licenses required. Network Device: is defined as the hardware and/or software whose primary purpose is to route and control communications between computers or computer networks. Examples of network devices include but are not limited to, routers, firewalls and network load balancers. Non Employee User - External: is defined as an individual, who is not your employee, contractor or outsourcer, authorized by you to use the programs which are installed on a single server or multiple servers, regardless of whether or not the individual is actively using the programs at any given time. Oracle Financing Contract: is a contract between you and Oracle (or one of Oracle’s affiliates) that provides for payments over time of some or all of the sums due under your order. Order Line: is defined as the total number of order entry line items processed by the program during a 12-month period. Multiple order entry line items may be entered as part of an individual customer order or quote and may also be automatically generated by the Oracle Configurator. You may not exceed the licensed number of Order Lines during any 12-month period unless you acquire additional Order Line licenses from Oracle. Order Management User: is defined as an individual authorized by you to use the applicable licensed application programs which are installed on a single server or on multiple servers regardless of whether the individual is actively using the programs at any given time. Order Management Users are allowed to manually enter orders directly into the programs but any orders entered electronically from other sources must be licensed separately. Orders: is defined as the total number of distinct orders for all programs that are a part of Electronic Orders, entered electronically (not manually entered by licensed professional users) through EDI, XML or other electronic means including purchase orders transmitted from Oracle Purchasing, during a 12-month period. You may not exceed the licensed number of orders during any 12-month period. Partner Organization: is defined as an external third party business entity that provides value-added services in developing, marketing and selling your products. Depending upon the type of industry, partner organizations play different roles and are recognized by different names such as reseller, distributor, agent, dealer or broker. Person: is defined as your employee or contractor who is actively working on behalf of your organization or a former employee who has one or more benefit plans managed by the system or continues to be paid through the system. For Project Resource Management, a person is defined as an individual who is scheduled on a project. The total number of licenses needed is to be based on the peak number of part-time and full-time people whose records are recorded in the system. Physical Server: is defined as each physical server on which the programs are installed. Ported Number: is defined as the telephone number that end users retain as they change from one service provider to C672Attachment 2, Page 48 of 104 Mythics, Inc. GS-35F-0153M Pg 372 another. This telephone number originally resides on a telephone switch and is moved into the responsibility of another telephone switch. Processor: shall be defined as all processors where the Oracle programs are installed and/or running. Programs licensed on a processor basis may be accessed by your internal users (including agents and contractors) and by your third party users. The number of required licenses shall be determined by multiplying the total number of cores of the processor by a core processor licensing factor specified on the Oracle Processor Core Factor Table which can be accessed at http://oracle.com/contracts. All cores on all multicore chips for each licensed program are to be aggregated before multiplying by the appropriate core processor licensing factor and all fractions of a number are to be rounded up to the next whole number. When licensing Oracle programs with Standard Edition One or Standard Edition in the product name, a processor is counted equivalent to an occupied socket; however, in the case of multi- chip modules, each chip in the multi-chip module is counted as one occupied socket. For example, a multicore chip based server with an Oracle Processor Core Factor of 0.25 installed and/or running the program (other than Standard Edition One programs or Standard Edition programs) on 6 cores would require 2 processor licenses (6 multiplied by a core processor licensing factor of .25 equals 1.50, which is then rounded up to the next whole number, which is 2). As another example, a multicore server for a hardware platform not specified in the Oracle Processor Core Factor Table installed and/or running the program on 10 cores would require 10 processor licenses (10 multiplied by a core processor licensing factor of 1.0 for µAll other multicore chips equals 10). For the purposes of the following program: Healthcare Transaction Base, only the processors on which Internet Application Server Enterprise Edition and Healthcare Transaction Base programs are installed and/or running must be counted for the purpose of determining the number of licenses required. For the purposes of the following programs: iSupport, iStore and Configurator, only the processors on which Internet Application Server (Standard Edition and/or Enterprise Edition) and the licensed program (e.g., iSupport, iStore and/or Configurator) are running must be counted for the purpose of determining the number of licenses required for the licensed program; under these licenses you may also install and/or run the licensed program on the processors where a licensed Oracle Database (Standard Edition and/or Enterprise Edition) is installed and/or running. For the purposes of the following programs: Configuration Management Pack for Applications, System Monitoring Plug-in for Hosts, System Monitoring Plug-in for Non-Oracle Databases, System Monitoring Plug-in for Non- Oracle Middleware, Management Pack for Non-Oracle Middleware, Management Pack for WebCenter Suite, Provisioning and Patch Automation Pack Ops Center Virtualization Management Pack, and Oracle VM Management Pack only the processors on which the program that is being managed/monitored are running must be counted for the purpose of determining the number of licenses required. For the purposes of the following programs: Application Management Suite for Oracle E-Business Suite, Application Management Suite for PeopleSoft, Application Management Suite for Siebel and Application Management Suite for JD Edwards EnterpriseOne, all processors on which the middleware and/or database software that support the respective application program are running must be counted for the purpose of determining the number of licenses required. For the purposes of the following programs: Data Integrator Enterprise Edition, Data Integrator and Application Adapter for Data Integration, Informatica PowerCenter and PowerConnect Adapters, Application Adapters for Data Integration, and Application Adapter for Warehouse Builder for: PeopleSoft, Oracle E-Business Suite, Siebel, and SAP, only the processor(s) on which the target database is running must be counted for the purpose of determining the number of licenses required. For the purposes of the following program: Audit Vault Collection Agent, only the processors of the database sources from which audit data is collected must be counted for the purpose of determining the number of licenses required. For the purposes of the following program: In-Memory Database Cache, only the processors on which the Times Ten In-Memory Database component of the In-Memory Database Cache program is installed and/or running must be C672Attachment 2, Page 49 of 104 Mythics, Inc. GS-35F-0153M Pg 373 counted for the purpose of determining the number of licenses required. For the purposes of the following program: Oracle GoldenGate for Teradata Replication Services, only (a) the processors running the database from which you capture data and (b) the processors running the database where you will apply the data must be counted for the purpose of determining the number of licenses required. Program Documentation: is defined as the program user manual and program installation manuals. $M in Revenue: is defined as one million U.S. dollars in all income (interest income and non interest income) before adjustments for expenses and taxes generated by you during a fiscal year. $M Revenue Under Management: is defined as one million U.S. dollars in all income (interest income and non interest income) before adjustments for expenses and taxes generated by you during a fiscal year for the product lines for which the programs are used. Record: The Customer Hub B2B is a bundle that includes two components, Siebel Universal Customer Master B2B and Oracle Customer Data Hub. For the purposes of the Customer Hub B2B application, record is defined as the total number of unique customer database records stored in the Customer Hub B2B application (i.e., stored in a component of Customer Hub B2B). A customer database record is a unique business entity or company record, which is stored as an account for the Siebel Universal Customer Master B2B product or as an organization for the Oracle Customer Data Hub product. The Customer Hub B2C is a bundle that includes two components, Siebel Universal Customer Master B2C and Oracle Customer Data Hub. For the purposes of the Customer Hub B2C application, record is defined as the total number of unique customer database records stored in the Customer Hub B2C application (i.e., stored in a component of Customer Hub B2C). A customer database record is a unique consumer (i.e., physical person) record, which is stored as a contact for the Siebel Universal Customer Master product or as a person for the Oracle Customer Data Hub product. The Product Hub is a bundle that includes two components, Siebel Universal Product Master and Oracle Product Information Management Data Hub. For the purposes of the Product Hub application, record is defined as the total number of unique product database records stored in the Product Hub application (i.e., stored in a component of Product Hub). A product database record is a unique product component or SKU stored in the MTL_SYSTEM_ITEMS table with an active or inactive status and does not include any instance items (i.e. *-star items) or organization assignments of the same item. For the purposes of the Case Hub program a record is defined as the total number of unique case database records stored in the Case Hub program. A case database record is a unique request or issue requiring investigation or service stored in S_CASE table with an active or inactive status. For the purposes of the Site Hub program a record is defined as the total number of unique site database records stored in the RRS_SITES_B table of the Site Hub program. A site database record is a unique site (e.g., an asset, a building, part of a building (such as a store or a franchise within a store, an ATM, etc.)) stored in the Site Hub program. For the programs listed above, please see the application licensing prerequisites as specified in the Applications Licensing Table which may be accessed at http://oracle.com/contracts for the grant and restrictions of the underlying Oracle technology. For the purposes of the Hyperion Data Relationship Management program, a record is defined as the unique occurrence of any business object or master data construct that you choose to manage within the program. Records may describe any number of enterprise information assets, commonly referred to as base members, including but not limited to cost centers, ledger accounts, legal entities, organizations, products, vendors, assets, locations, regions or employees. Additionally, a record may also be a summary object, commonly referred to as a rollup member that either summarizes base members or describes hierarchical information associated with C672Attachment 2, Page 50 of 104 Mythics, Inc. GS-35F-0153M Pg 374 underlying base members. Records represent unique occurrences and they do not include any duplicates or shared references that may be essential for master data management purposes. For the purposes of the Supplier Lifecycle Management and Supplier Hub programs, a record is defined as a unique business entity or company record stored as Supplier in the AP_SUPPLIERS table of the Supplier Lifecycle Management and Supplier Hub programs. For the purposes of the Oracle Healthcare Master Person Index program, a record is defined as the total number of unique person or party database records stored in such program. A person or a party database record is a unique person (i.e., physical person) record which is stored in the Oracle Healthcare master Person Index program. For the purposes of the Life Sciences Customer Hub program, a record is defined as the number of unique customer database records stored in such program. A customer database record is a unique physician (i.e., physical person) record which is stored as a contact for the Oracle Life Sciences Customer Hub program. 1000 Records: is defined as 1000 cleansed records (i.e., rows) that are output from a production data flow of the Data Quality for Data Integrator program. Registered User: is defined as an individual authorized by you to use the programs which are installed on a single server or multiple servers, regardless of whether the individual is actively using the programs at any given time. Registered Users shall be business partners and/or customers and shall not be your employees. Retail Register: is defined as any device designed to record any part of a sales transaction. RosettaNet Partner Interface Processes® (PIPs®): are defined as business processes between trading partners. Preconfigured system-to-system XML-based dialogs for the relevant E-Business Suite Application(s) are provided. Each preconfigured PIP includes a business document with the vocabulary and a business process with the choreography of the message dialog. Rule Set: is defined as a data rules file containing content for a given country in order to perform data quality functions optimized for that country. Server: is defined as the computer on which the programs are installed. A Server license allows you to use the licensed program on a single specified computer. Service Order Line: is defined as the total number of service order entry line items processed by the program during a 12-month period. Multiple service order entry line items may be entered as part of an individual customer service order or quote. You may not exceed the licensed number of Service Order Lines during any 12-month period unless you acquire additional Service Order Line licenses from Oracle Socket: is defined as a slot that houses a chip (or a multi-chip module), which contains a collection of one or more cores. Regardless of the number of cores, each chip (or multi-chip module) counts as a single socket. All occupied sockets on which the Oracle program is installed and/or running must be licensed. Oracle Solaris Premier Subscription for Non-Oracle Hardware per socket: is defined as the right to use the Oracle Solaris programs (as defined below) on hardware not manufactured by or for Sun/Oracle, and to receive Oracle Premier Support for Operating Systems services (limited to the Oracle Solaris programs), for the term specified in the ordering document. “Oracle Solaris programs” refers to the Oracle Solaris operating system and the separately licensed third party technology (as defined below). The Oracle Solaris programs may contain third party technology. Oracle may provide certain notices to you in program documentation, “readme” files or the installation details in connection with such third party technology. Third party technology will be licensed to you either under the terms of the agreement, or if specified in the program documentation, “readme” files, or the installation details, under separate license terms (“separate terms”) and not under the terms of the agreement (“separately licensed third party technology”). Your rights to use such separately licensed third party technology under the separate terms are not restricted in any way by the agreement. C672Attachment 2, Page 51 of 104 Mythics, Inc. GS-35F-0153M Pg 375 This subscription is available only for a server that is certified by Oracle and listed on the Hardware Compatibility List (HCL) at http://www.sun.com/bigadmin/hcl. You must obtain a subscription license for each socket in the server. The subscription term is effective upon the effective date of the subscription ordering document, unless otherwise stated in your ordering document. If your order was placed through the Oracle Store, then the effective date is the date your order was accepted by Oracle Premier Support for Operating System services are provided under the applicable technical support policies in effect at the time the services are provided. At the end of the specified term, you may renew your subscription, if available, at the then current fees for this subscription. If your order specifies “1 – 4 socket server” then you may only use the subscription on a server with not more than 4 sockets. If your order specifies “5+ socket server” then you may use the subscription for servers with any number of sockets. Subscriber: is defined as (a) a working telephone number for all wireline devices; (b) a portable handset or paging device that has been activated by you for wireless communications and paging; (c) a residential drop or a nonresidential device serviced by a cable provider; or (d) a live connected utility meter. The total number of Subscribers is equal to the aggregate of all types of Subscribers. If your business is not defined in the primary definition of Subscriber above, Subscriber is defined as each U.S. $1,000-increment of your gross annual revenue as reported to the SEC in your annual report or the equivalent accounting or reporting document. Suite: is defined as all the functional software components described in the product documentation. Sun Ray Device: is defined as the Sun Ray computer on which the program is running. Tape Drive: is defined as mechanical devices used to sequentially write, read and restore data from magnetic tape media. Typically used, but not limited to, data protection and archival purposes, tape drives are deployed either as a standalone unit(s) or housed within a robotic tape library. Examples of tape drive include but are not limited to, Linear Tape Open (LTO), Digital Linear Tape (DLT), Advanced Intelligent Type (AIT), Quarter-Inch Cartridge (QIC), Digital Audio Tape (DAT), and 8mm Helical Scan. For cloud based backups, Oracle counts each parallel stream or Recovery Manager (RMAN) channel as equivalent to a tape drive. Technical Reference Manuals Technical Reference Manuals (³TRMs´) are Oracle’s confidential information. You shall use the TRMs solely for your internal data processing operations for purposes of: (a) implementing applications programs, (b) interfacing other software and hardware systems to the applications programs and (c) building extensions to applications programs. You shall not disclose, use or permit the disclosure or use by others of the TRMs for any other purpose. You shall not use the TRMs to create software that performs the same or similar functions as any of Oracle products. You agree: (a) to exercise either at least the same degree of care to safeguard the confidentiality of the TRMs as you exercise to safeguard the confidentiality of your own most important confidential information or a reasonable degree of care, whichever is greater; (b) to maintain agreements with your employees and agents that protect the confidentiality and proprietary rights of the confidential information of third parties such as Oracle and instruct your employees and agents of these requirements for the TRMs; (c) restrict disclosure of the TRMs to those of your employees and agents who have a "need to know" consistent with the purposes for which such TRMs were disclosed; (d) maintain the TRMs at all times on your premises; and (e) not to remove or destroy any proprietary or confidential legends or markings placed upon the TRMs. Oracle shall retain all title, copyright and other proprietary rights in the TRMs. TRMs are provided to you "as-is" without any warranty of any kind. Upon termination, you shall cease using, and shall return or destroy, all copies of the applicable TRMs. Telephone Number: is defined as each unique telephone number for which the billing information is managed or displayed using the program, regardless of the number of individual account holders associated with such telephone numbers. Terabyte: is defined as a terabyte of computer storage space used by a storage filer equal to one trillion bytes. Trading Partner: is defined as an end user of a business to business (B2B) hub. C672Attachment 2, Page 52 of 104 Mythics, Inc. GS-35F-0153M Pg 376 $B in Total Assets: is defined as one billion US dollars of your latest published or internally available “Total Asset Value” defined per GAAP policies as disclosed in your annual report and/or regulatory filings. Trainee: is defined as an employee, contractor, student or other person who is being recorded by the program. Transaction: is defined as each set of interactions that is initiated by an application user recorded by Oracle Enterprise Manager to capture availability and performance metrics used in calculating service levels. For example, the following set of interactions would represent one transaction: login, search customer, log out. 1K Transactions: is defined as one thousand unique transactions processed through the program during a 12- month period. You may not exceed the licensed number of transactions during a 12-month period unless you acquire additional transaction licenses from Oracle. For Oracle Contact Center Anywhere, a unique transaction is defined as one of the following: inbound phone call, outbound phone call (direct dialed, preview dialed, predictive dialed, web call back), workgroup fax, workgroup email/voice mail, and chat session (inbound sessions / web collaboration with agents). For JD Edwards World Purchase Card Management, a unique transaction is defined as a single charge processed by the program. UPK Developer: is defined as an individual authorized by you to use the programs which are installed on a single server or multiple servers, regardless of whether the individual is actively using the programs at any given time. UPK Developers may create, modify, view and interact with simulations and documentation. UPK Employee: is defined as an active employee of yours. (Note: The value of these applications is determined by the size of the active employee population and not the number of actual users. Therefore, all of your active employees must be included in your order when licensing these applications). UPK Employees may view and interact with simulations and documentation but may not create or modify simulations or documentation. UPK Module: is defined as the functional software component described in the product documentation UPK User: is defined as an individual authorized by you to use the programs which are installed on a single server or multiple servers, regardless of whether the individual is actively using the programs at any given time. UPK Users may view and interact with simulations and documentation but may not create or modify simulations or documentation. Wireless handset: is defined as a mobile communications device such as a mobile telephone, PDA, or paging device, that has as primary functions wireless voice communications and data services provided through a service provider. Workstation: is defined as the client computer from which the programs are being accessed, regardless of where the program is installed. Term Designation If your program license does not specify a term, the program license is perpetual and shall continue unless terminated as otherwise provided in the agreement. 1, 2, 3, 4, 5 Year Terms: A program license specifying a 1, 2, 3, 4 or 5 Year Term shall commence on the effective date of the order and shall continue for the specified period. At the end of the specified period the program license shall terminate. 1 Year Hosting Term: A program license specifying a 1 Year Hosting Term shall commence on the effective date of the order and shall continue for a period of 1 year. At the end of the 1-year the program license shall terminate. A program license specifying a 1 Year Hosting Term may only be used for providing internet hosting services. 1 Year Oracle Hosted Term: A program license specifying a 1 Year Oracle Hosted Term shall commence on the effective date of the order and shall continue for a period of 1 year. At the end of the 1-year the program license C672Attachment 2, Page 53 of 104 Mythics, Inc. GS-35F-0153M Pg 377 shall terminate. A program license specifying a 1 Year Oracle Hosted Term must be hosted by Oracle.com via Computer and Administration services. 1 Year Subscription: A program license specifying a 1 Year Subscription shall commence on the effective date of the order and shall continue for a period of 1 year. At the end of the 1-year the program license shall terminate. Licensing Rules for Oracle Technology Programs and Oracle Business Intelligence Applications Failover: Subject to the conditions that follow below, your license for the programs listed on the U.S. Oracle Technology Price List, which may be accessed at http://www.oracle.com/corporate/pricing/pricelists.html, includes the right to run the licensed program(s) on an unlicensed spare computer in a failover environment for up to a total of ten separate days in any given calendar year (for example, if a failover node is down for two hours on Tuesday and three hours on Friday, it counts as two days). The above right only applies when a number of machines are arranged in a cluster and share one disk array. When the primary node fails, the failover node acts as the primary node. Once the primary node is repaired, you must switch back to the primary node. Once the failover period has exceeded ten days, the failover node must be licensed. In addition, only one failover node per clustered environment is at no charge for up to ten separate days even if multiple nodes are configured as failover. Downtime for maintenance purposes counts towards the ten separate days limitation. When licensing options on a failover environment, the options must match the number of licenses of the associated database. Additionally, when licensing by Named User Plus, the user minimums are waived on one failover node only. Any use beyond the right granted in this section must be licensed separately. In a failover environment, the same license metric must be used for the production and failover nodes when licensing a given clustered configuration. Testing: For the purpose of testing physical copies of backups, your license for the Oracle Database (Enterprise Edition, Standard Edition or Standard Edition One) includes the right to run the database on an unlicensed computer for up to four times, not exceeding 2 days per testing, in any given calendar year. You are responsible for ensuring that the following restrictions are not violated:  Oracle Database Standard Edition can only be licensed on servers that have a maximum capacity of 4 sockets. Oracle Database Standard Edition, when used with Oracle Real Application Clusters, may only be licensed on a single cluster of servers supporting up to a maximum capacity of 4 sockets.  Oracle Standard Edition One, Internet Application Server Standard Edition One and Portal Standard Edition One can only be licensed on servers that have a maximum capacity of 2 sockets.  WebLogic Server Standard Edition does not include WebLogic Server Clustering.  Business Intelligence Standard Edition One can only be licensed on servers that have the ability to run a maximum of 2 sockets. The data sources for BI Server and BI Publisher are limited to the included Oracle Standard Edition One, one other database, and any number of flat file sources such as CSV, and XLS. You may use Oracle Warehouse Builder Core ETL to pull data from any number of data sources but you must use only the included Oracle Standard Edition One as the target database.  Informatica PowerCenter and PowerConnect Adapters may not be used on a standalone basis or as a standalone ETL tool. The Informatica PowerCenter and PowerConnect Adapters may be used with any data source provided the target(s) are: (i) the Oracle Business Intelligence applications programs (excluding Hyperion Enterprise Performance Management Applications), (ii) the underlying platforms on which the Oracle Business Intelligence Suite Enterprise Edition Plus program, Oracle Business Intelligence Standard Edition One or associated components of those Business Intelligence applications programs run, or (iii) a staging database for any of the foregoing. Informatica PowerCenter and PowerConnect Adapters may also be used where the Oracle Business Intelligence applications programs (excluding Hyperion Enterprise Performance Management Applications) are the source and non-Oracle Business Intelligence application programs are the target, provided, that users do not use Informatica PowerCenter and PowerConnect Adapters to transform the data.  Programs that contain "for Oracle Applications" in the program name are limited use programs. These limited use programs may only be used with "eligible" Oracle application programs that contain the following prefixes C672Attachment 2, Page 54 of 104 Mythics, Inc. GS-35F-0153M Pg 378 in the program name: Oracle Fusion, Oracle Communications*, Oracle Media, Oracle Retail*, Oracle Enterprise Taxation*, Oracle Utilities*, Oracle Financial Services*, Oracle FLEXCUBE, Oracle Reveleus, Oracle Mantas, Oracle Healthcare*, Oracle Health Sciences, Oracle Argus, Oracle Legal, Oracle Insurance and Oracle Primavera. All programs in the Oracle Business Intelligence Applications Global Price List are eligible except those with program name prefix "Hyperion". For those prefixes designated above with a “*” not all programs with that prefix are eligible for use with the "for Oracle Applications" limited use programs. For a list of excluded programs please review the Applications Licensing Table, which may be accessed at http://oracle.com/contracts. Any use of limited use programs containing "for Oracle Applications" by other Oracle applications or third party applications is not permitted.  Oracle BPEL Process Manager Option for Oracle Applications may be used only to enable business processes, workflow interactions and approvals within eligible Oracle Applications. Workflow interactions between eligible Oracle Applications and other Oracle Applications or third party applications are allowed as long as they are enabled/initiated within the eligible Oracle Applications. Business Processes defined in BPEL are allowed as long as at least one of the services invoked from within the Business Process access an eligible Oracle Application either natively (via Web Services) or via an adapter.  Oracle Business Intelligence Foundation for Oracle Applications may be used only to perform query, reporting and analysis against a transaction database, data warehouse or an Essbase OLAP cube if: (i) the transaction database is an eligible Oracle Application's transaction database itself or an extraction, in whole or in part, of an eligible Oracle Applications transaction database, without transformation (query, reporting and analysis against a transaction database that is not an eligible Oracle Applications transaction database requires a full use license of Oracle Business Intelligence Foundation Suite); or (ii) the data warehouse is a pre-packaged eligible Oracle Applications data warehouse, with any customizations necessary to reflect customizations made in the eligible Oracle Applications, and restricted only to the eligible Oracle Applications sources (query, reporting, and analysis against extensions to the data warehouse drawn from source systems not supported by the prepackaged data warehouses require a full use license of Oracle Business Intelligence Foundation Suite); or (iii) the dimensions of each Essbase OLAP Cube are sourced from eligible Oracle Applications.  Oracle WebLogic Suite for Oracle Applications may be used only as an embedded runtime for eligible Oracle Applications or to deploy customizations made in Java to an eligible Oracle Application. The WebLogic global datasource or one of the WebLogic application datasources must be configured to access the schema of an eligible Oracle Application.  Hyperion Data Integration Management, Hyperion Data Integration Management Team Based Development, and the Hyperion Data Integration Management Adapters for SAP BW, SAP R3, PeopleSoft and Siebel are licensed by Computer. Each Computer license is limited to support the use of up to 8 CPUs and each Computer license must be licensed in increments of 8 CPUs. Each core is recognized as a CPU. For computers that have more than 8 CPUs, additional Computer licenses must be purchased based upon the amount of CPUs that you are using. For example, if you are using Hyperion Data Integration Management on 12 CPUs, you need to purchase 2 Computer licenses; if you are using Hyperion Data Integration Management on 17 CPUs, you need to purchase 3 Computer licenses. These programs may be used solely in connection with moving data into and out of a Hyperion Data Store(s) (data/metadata repository(ies) delivered with the Hyperion programs.) These programs may not be used to extract data from a non-Hyperion Data Store(s) to load a custom data warehouse (a data warehouse not built solely from data from a Hyperion Data Store(s). The Hyperion Data Integration Management Computer license allows for such program to 1) connect to the following relational databases only: Oracle, Sybase, IBM DB2, MS SQL Server and 2) source from and write to an unlimited number of flat file/XML files. Hyperion Data Integration Management Adapters for SAP BW, SAP R3, PeopleSoft and Siebel must be licensed separately to allow Hyperion Data Integration Management to connect to these additional sources.  The number of Hyperion program option licenses must match the number of licenses of the associated Hyperion program.  The license for the Hyperion Planning Plus program includes a limited use license for the Hyperion Essbase Plus, Hyperion Financial Reporting, Hyperion Web Analysis and Oracle Data Integrator - Target Database programs. Such limited use license means that the Hyperion Essbase Plus, Hyperion Financial Reporting, C672Attachment 2, Page 55 of 104 Mythics, Inc. GS-35F-0153M Pg 379 Hyperion Web Analysis and Oracle Data Integrator - Target Database programs may only be used to access data from the Hyperion Planning Plus program. Specifically, the Hyperion Essbase Plus program cannot be used to create Essbase cubes that do not contain data used by the Hyperion Planning Plus program and the Aggregate Storage option component of the Hyperion Essbase Plus program may not be used.  The license for the Hyperion Profitability and Cost Management program includes a limited use license for the Hyperion Essbase Plus, Hyperion Financial Reporting, Hyperion Web Analysis and Oracle Data Integrator - Target Database programs. Such limited use license means that the Hyperion Essbase Plus, Hyperion Financial Reporting, Hyperion Web Analysis and Oracle Data Integrator - Target Database programs may only be used to access data from the Hyperion Profitability and Cost Management program. Specifically, the Hyperion Essbase Plus program cannot be used to create Essbase cubes that do not contain data used by the Hyperion-Profitability and Cost Management program and the Aggregate Storage option component of the Hyperion Essbase Plus program may not be used.  The license for the Hyperion Data Relationship Management program includes a limited use license for both the WebLogic Server Standard Edition and BPEL Process Manager programs. Such limited use license means that the WebLogic Server Standard Edition and BPEL Process Manager programs may only be used to enable workflow functions in order to process requests within the Hyperion Data Relationship Management program.  You may run only one data repository of the Oracle Real User Experience Insight per server regardless of the number of processors that are licensed for a server. If you purchase Named User Plus licenses for the programs listed below, you must maintain the following user minimums and user maximums: Program Named User Plus Minimum Oracle Database Enterprise Edition 25 Named User Plus per Processor Rdb Enterprise Edition 25 Named User Plus per Processor CODASYL DBMS 25 Named User Plus per Processor WebLogic Server Standard Edition 10 Named User Plus per Processor WebLogic Server Enterprise Edition 10 Named User Plus per Processor WebLogic Suite 10 Named User Plus per Processor Web Tier 10 Named User Plus per Processor Coherence Standard Edition 10 Named User Plus per Processor Coherence Enterprise Edition 10 Named User Plus per Processor Coherence Grid Edition 10 Named User Plus per Processor TopLink and Application Development Framework 10 Named User Plus per Processor Internet Application Server Standard Edition 10 Named User Plus per Processor* Internet Application Server Enterprise Edition 10 Named User Plus per Processor* BPEL Process Manager 10 Named User Plus per Processor WebLogic Intergration 10 Named User Plus per Processor Service Registry 10 Named User Plus per Processor Enterprise Repository 10 Named User Plus per Processor Forms and Reports 10 Named User Plus per Processor Tuxedo 10 Named User Plus per Processor Web Services Manager 10 Named User Plus per Processor C672Attachment 2, Page 56 of 104 Mythics, Inc. GS-35F-0153M Pg 380 Program Named User Plus Minimum SOA Suite for Non Oracle Middleware 10 Named User Plus per Processor Business Process Management Suite for Non Oracle Middleware 10 Named User Plus per Processor Event-Driven Architecture Suite 10 Named User Plus per Processor Business Intelligence Standard Edition 10 Named User Plus per Processor WebCenter Suite 10 Named User Plus per Processor WebCenter Services 10 Named User Plus per Processor Universal Content Management Standard Edition 10 Named User Plus per Processor Universal Content Management 10 Named User Plus per Processor Imaging and Process Management 10 Named User Plus per Processor Content Conversion Server 10 Named User Plus per Processor Distributed Document Capture 10 Named User Plus per Processor Directory Services Plus 10 Named User Plus per Processor * The Named User Plus Minimum does not apply if the program is installed on a one processor machine that allows for a maximum of one user per program. Program Named User Plus Maximum Personal Edition 1 Named User Plus per database Business Intelligence Standard Edition One 50 Named Users Plus If licensing by Named User Plus, the number of licenses for the programs listed below in column A must match the number of licenses of the associated program listed in column B. In the case where the minimum number of Named User Plus licenses are/were purchased, the number of licenses may not match due to variance in core factors between the time the respective programs were licensed. If licensing by Processor, the number of licenses for the programs listed below in column A must match the number of licenses of the associated program listed in column B. In the case where the programs are licensed at different times, the number of licenses may not match due to variance in core factors between the time the respective programs were licensed; in that case the number of cores used to determine the number of licensed processors for the programs listed below in column A must match the number of cores used to determine the number of licensed processors of the associated program listed in Column B. Associated programs are those programs being used in conjunction with the program in Column A. Column A Column B Database Enterprise Edition Options* - Real Application Clusters, Partitioning, OLAP, Data Mining, Spatial, Advanced Security, Label Security, Database Vault, Data Profiling and Quality, Active Data Guard, Real Application Testing, Advanced Compression, Total Recall Database Enterprise Management* - Diagnostics Pack, Tuning Pack, Change Management Pack, Configuration Management Pack for Oracle Database, Provisioning and Patch Automation Pack for Oracle Database, Data Masking Pack Oracle Database Enterprise Edition, Audit Vault Server RDB Server Options* - TRACE Rdb Enterprise Edition, CODASYL DBMS C672Attachment 2, Page 57 of 104 Mythics, Inc. GS-35F-0153M Pg 381 Column A Column B WebLogic Suite Options ** - BPEL Process Manager Option, Service Bus, SOA Suite for Oracle Middleware, Business Process Management Suite WebLogic Suite Application Server Enterprise Management** - Diagnostics Pack for Oracle Middleware, WebLogic Server Management Pack Enterprise Edition, SOA Management Pack Enterprise Edition Associated application server program being managed by the program in Column A. Management Pack for Oracle Coherence** Coherence Enterprise Edition, Coherence Grid Edition Management Pack for Oracle GoldenGate* GoldenGate, GoldenGate for Non Oracle Database, GoldenGate for Mainframe Business Intelligence Server Enterprise Edition Options – Interactive Dashboard, Delivers, Answers, Office Plug-in, and Reporting and Publishing Business Intelligence Server Enterprise Edition Business Intelligence Suite Enterprise Edition Plus Option – Business Intelligence Management Pack Business Intelligence Suite Enterprise Edition Plus Beehive Platform Options – Beehive Messaging, Beehive Team Collaboration, Beehive Synchronous Collaboration, Beehive Voicemail Beehive Platform Hyperion Financial Data Quality Management Options – Hyperion Financial Data Quality Management Adapter for Financial Management, Hyperion Financial Data Quality Management Adapter Suite, Hyperion Financial Data Quality Management Adapter for SAP Hyperion Financial Data Quality Management Hyperion Financial Data Quality Management for Hyperion Enterprise Option – Hyperion Financial Data Quality Management Adapter Suite Hyperion Financial Data Quality Management for Hyperion Enterprise Hyperion Data Integration Management Options – Hyperion Data Integration Management Source Adapter, Hyperion Data Integration Management Team Based Development Hyperion Data Integration Management * If licensing by Named User Plus you must maintain, at a minimum, 25 Named User Plus per Processor per associated program. ** If licensing by Named User Plus you must maintain, at a minimum, 10 Named User Plus per Processor associated program. Licensing Rules for JD Edwards Applications  The JD Edwards EnterpriseOne programs include Adobe PDF Library. The programs also include GNU libgmp library; copyright 1991 Free Software Foundation, Inc. This library is free software that can be modified and redistributed under the terms of the GNU Library General Public License contained in the programs. The programs may also contain other third party products.  Your license for the program(s) may include additional license rights. Please review the additional license rights listed on the PeopleSoft/JD Edwards program table located at http://oracle.com/contracts for additional information.  The Foundation program contains the development foundation environment/toolkit. You understand and acknowledge that any software program developed with the functionality of the development foundation environment/toolkit is subject to the terms and conditions of this agreement. You will defend and indemnify Oracle against any claims by third parties for damages (including, without limitation, reasonable legal fees) C672Attachment 2, Page 58 of 104 Mythics, Inc. GS-35F-0153M Pg 382 arising out of any computer programs generated by you utilizing the development tools included in the programs. ORACLE DISCLAIMS ANY WARRANTY THAT THE DEVELOPMENT TOOLS INCLUDED IN THE PROGRAMS WILL GENERATE COMPUTER PROGRAMS WITH THE CHARACTERISTICS OR SPECIFICATIONS DESIRED BY YOU OR THAT SUCH GENERATED COMPUTER PROGRAMS WILL BE ERROR FREE  The Oracle Technology Foundation for JD Edwards EnterpriseOne and the Oracle Technology Foundation for JD Edwards EnterpriseOne Upgrade programs each include a limited use license for Oracle Database Standard Edition. The database may be used solely in conjunction with any and all licensed JD Edwards EnterpriseOne programs, including third party programs licensed for use with JD Edwards EnterpriseOne programs. The database may be installed on an unlimited number of processors. If you require features and functions beyond those included with the Oracle Database Standard Edition, or if you require use of Oracle Database beyond your JD Edwards EnterpriseOne implementation, you may purchase a non-limited use license by contracting directly with Oracle or one of its authorized distributors. The license for each of these programs also includes a limited use license for the following components of Oracle Fusion Middleware: Oracle Application Server Standard Edition or Oracle WebLogic Server Standard Edition (either of these products may be used, but both products cannot be used for the same function): Oracle JRockit JVM; Oracle Application Server Portal; Oracle WebCenter Services; Oracle BPEL Process Manager; Oracle Business Activity Monitoring; Oracle Application Server Single Sign-On; Oracle Access Manager Basic; Oracle Application Server Web Cache; and Oracle Business Intelligence Publisher. These components may be used solely in conjunction with any and all licensed JD Edwards EnterpriseOne programs, including third party programs licensed for use with JD Edwards EnterpriseOne programs. These components may be installed on an unlimited number of processors. If you require use of these components beyond your JD Edwards EnterpriseOne implementation you may purchase a non-limited use license for any of the Oracle components by contracting directly with Oracle or one of its authorized distributors. For the purpose of using Oracle Business Intelligence Publisher, Oracle will include a limited use license of Business Intelligence Publisher for use with JD Edwards EnterpriseOne programs. Any use of Business Intelligence Publisher outside of a JD Edwards EnterpriseOne program, such as with a your own “custom” applications as well as with other Oracle applications (including but not limited to Siebel Applications, Peoplesoft Applications, and/or Oracle Applications) will require a full use license of Business Intelligence Publisher. Business Intelligence Publisher may be installed on an unlimited number of processors. The development tools included with these programs may be used solely with the licensed JD Edwards EnterpriseOne programs and may not be used to create new applications. You will defend and indemnify Oracle against any claims by third parties for damages (including, without limitation, reasonable legal fees) arising out of any computer programs generated by you utilizing the development tools included in the programs. ORACLE DISCLAIMS ANY WARRANTY THAT THE DEVELOPMENT TOOLS INCLUDED IN THE JD EDWARDS ENTERPRISE ONE PROGRAM WILL GENERATE COMPUTER PROGRAMS WITH THE CHARACTERISTICS OR SPECIFICATIONS DESIRED BY YOU OR THAT SUCH GENERATED COMPUTER PROGRAMS WILL BE ERROR FREE.  The Technology Foundation and Technology Foundation Upgrade programs each include the following ³IBM Components´: IBM DB2 Universal Database, IBM WebSphere Application Server and IBM WebSphere Portal (as contained in Collaborative Portal). IBM Components may be used solely in conjunction with any and all licensed JD Edwards EnterpriseOne programs, including third party programs licensed for use with JD Edwards EnterpriseOne programs. You may obtain a general license for any of the IBM Components by contracting directly with IBM or one of its authorized distributors. The development tools included in this program may be used solely with the licensed JD Edwards EnterpriseOne programs and may not be used to create new applications. You will defend and indemnify Oracle against any claims by third parties for damages (including, without limitation, reasonable legal fees) arising out of any computer programs generated by you utilizing the development tools included in the programs. ORACLE DISCLAIMS ANY WARRANTY C672Attachment 2, Page 59 of 104 Mythics, Inc. GS-35F-0153M Pg 383 THAT THE DEVELOPMENT TOOLS INCLUDED IN THE PROGRAMS WILL GENERATE COMPUTER PROGRAMS WITH THE CHARACTERISTICS OR SPECIFICATIONS DESIRED BY YOU OR THAT SUCH GENERATED COMPUTER PROGRAMS WILL BE ERROR FREE. Licensing Rules for Oracle E-Business Suite Applications  You are responsible for ensuring compliance with the application licensing prerequisites as specified in the Applications Licensing Table, which may be accessed at http://oracle.com/contracts.  The option Activity Hub B2B is only available with the Siebel Customer Universal Master component of the Customer Hub B2B program.  The option Field Service Hub B2B is only available with the Siebel Customer Universal Master component of the Customer Hub B2B program.  The option Marketing Hub B2B is only available with the Siebel Customer Universal Master component of the Customer Hub B2B program.  The option Sales Hub B2B is only available with the Siebel Customer Universal Master component of the Customer Hub B2B program.  The option Service Hub B2B is only available with the Siebel Customer Universal Master component of the Customer Hub B2B program  The option Activity Hub B2C is only available with the Siebel Customer Universal Master component of the Customer Hub B2C program.  The option Field Service Hub B2C is only available with the Siebel Customer Universal Master component of the Customer Hub B2C program.  The option Marketing Hub B2C is only available with the Siebel Customer Universal Master component of the Customer Hub B2C program.  The option Privacy Management Policy Hub B2C is only available with the Siebel Customer Universal Master component of the Customer Hub B2C program.  The option Sales Hub B2C is only available with the Siebel Customer Universal Master component of the Customer Hub B2C program.  The option Service Hub B2C is only available with the Siebel Customer Universal Master component of the Customer Hub B2C program. Licensing Rules for PeopleSoft Applications  Your license for the program(s) may include additional license rights. Please review the additional license rights listed on the PeopleSoft / JD Edwards program table located at http://oracle.com/contracts for additional information.  You may use Crystal Reports for PeopleSoft Enterprise for Unlimited Users solely in conjunction with PeopleSoft Enterprise programs you have licensed. For the purposes of this Crystal program, “Unlimited Users” means all users who are authorized by you to use such program. This program is a third party program and it is also a supportable program. Oracle will deliver these programs to you per the delivery terms in your order.  You may use Crystal Enterprise/BusinessObjects Enterprise for PeopleSoft Enterprise, 5 Concurrent Access Licenses, solely in conjunction with PeopleSoft Enterprise programs you have licensed. For the purposes of this Crystal program, a “Concurrent Access License” is a license for one person to access all features and functions of this program. A concurrent access license user is accessing the program from the time the concurrent access license user logs onto the program until the concurrent access license user exits or closes the program. You acknowledge that this program requires a web application server. This program is a third party program C672Attachment 2, Page 60 of 104 Mythics, Inc. GS-35F-0153M Pg 384 and it is also a supportable program. Oracle will deliver these programs to you per the delivery terms in your order.  The programs listed below include a license to use Business Analysis Modeler ± Restricted Development to develop interfaces and modifications, including creation of new application data tables, only to the PeopleSoft programs you have licensed. Oracle will deliver this program to you per the delivery terms in your order. Integrated FieldService, Marketing, Mobile Sales, Online Marketing, Order Capture, Order Capture Self Service, Sales, Support, Support for Customer Self Service, TeleSales.  Your use of the Campus Self Service program is subject to the additional terms and conditions set forth in the INAS Software Supplement located at http://oracle.com/contracts.  The Community Portal program includes a license to use the PeopleSoft Enterprise Portal functionality for up to three sites (as defined in the program documentation).  PeopleTools - Enterprise Development shall be used solely to develop applications for your internal data processing operations. In no event shall you market or distribute such applications. Notwithstanding anything to the contrary, you shall not have the right to use the functionality currently referred to as Crystal Reports and/or Verity search engine provided as part of this program for the purpose of developing applications.  Each PeopleTools - Enterprise Development Starter Kit program shall be used solely by 5 application users to develop applications containing no more than a total of 20 components (as defined in the program documentation) for your internal data processing operations. In no event shall you market or distribute such applications. Notwithstanding anything to the contrary, you shall not have the right to use the functionality currently referred to as Crystal Reports and/or Verity search engine provided as part of this program for the purpose of developing applications.  You may use PeopleTools - Restricted Development to develop interfaces and modifications, including creation of new application data tables, only to the PeopleSoft Enterprise programs you have licensed. Oracle will deliver this program to you per the delivery terms in your order.  The Process Modeler Client program may only be used with PeopleSoft Enterprise or JD Edwards EnterpriseOne programs you have licensed from Oracle. You shall not use this program with any other software.  The license for the Student Administration program includes a limited use license for the Human Resources, Benefits Administration and the Payroll for North America programs. Such limited use license means that the Human Resources, Benefits Administration and the Payroll for North America Software modules shall only be used in order to access the features and functions of the Student Administration program. Your use of the Student Administration program is subject to the additional terms and conditions set forth in the INAS Software Supplement located at http://oracle.com/contracts. Licensing Rules for Primavera Applications  For the purposes of the following Primavera programs: Earned Value Management, Evolve, SureTrak, Contractor and P3 Project Planner, you acknowledge that you have both read and understand the limited Software Update License & Support services that are available for these programs, as described in Oracle’sTechnical Support Policies.  For purposes of the Primavera SureTrak and Primavera P3 Project Planner programs, you acknowledge that the agreement delivered to you with these programs (i.e., the Oracle License and Services Agreement), and not the end user license agreement contained in the product installation, governs the end user’s use of these programs  For the purposes of the Primavera Web Services program, developers and end users who are not already licensed for Primavera P6 Enterprise Project Portfolio Management and who need access to applications created using P6 Web Services and/or P6 Java APIs, must be licensed for the Primavera Web Services program. C672Attachment 2, Page 61 of 104 Mythics, Inc. GS-35F-0153M Pg 385 Licensing Rules for Siebel Applications  For the Siebel Branch Teller Services program, Siebel Internet Banking Services program, Siebel Retail Finance Foundation Services program and the Siebel Financial Transactions Workbench program, you may use third party tools to (a) create materials or (b) modify the materials identified as Sample Screen Code and Process Templates in the program documentation, all in accordance with the program documentation, and provided that such materials or modified materials shall be used solely with your licensed use of such programs. You shall not limit in any way Oracle’s right to develop, use, license, create derivative works of, or otherwise freely exploit the programs, ancillary programs, program documentation, or any other materials provided by Oracle, or to permit third parties to do so.  The Siebel Details Program includes a license for 20 Concurrent Users that authorizes you to use the program on only one Computer for a maximum of 20 Concurrent Users at any given time.  The Siebel Marketing Server program is licensed on a Computer basis together with the number of unique Customer Records that you may access using the program.  The Siebel Pharma Marketing Server is licensed on the basis of the number of unique Customer Records that you may access using the program together with the number of Brands that you may manage using the program.  The Siebel Pricing Claims Server-Up to 20 Application Users is licensed on a Computer basis with a limitation on the number of Application Users.  The users or processors of the Siebel Web Channel program may access a maximum of 15 Objects. An "Object" is defined as each data entity within the Business Object Layer of the programs that is defined in the Siebel Tools program. Licensing Rules for Programs Licensed per UPK Module  Oracle grants to you a non-exclusive, nontransferable license for your UPK Developer(s) to: (i) use those User Productivity Kit ("UPK") programs licensed as UPK modules (collectively referred to as ³UPK content´) only as necessary to create and provide training solely for UPK Employees and/or UPK Users to use the underlying programs for your benefit; (ii) make an unlimited number of copies of the UPK content only as necessary to create and provide training solely to UPK Employees and/or UPK Users to use the underlying programs for your benefit; and (iii) develop modifications and customizations to the UPK content, if applicable, all subject to the terms and conditions set forth in this agreement, provided all copyright notices are reproduced as provided on the original. You represent and warrant that you have a valid license for the underlying program(s). You are prohibited from reselling or distributing the UPK content to any other party or using the UPK content other than as explicitly permitted in this agreement. Oracle represents that the UPK content and any content created by you using the UPK content contains valuable proprietary information. Oracle retains title to all portions of the UPK content and any copies thereof. You shall use UPK content modifications created by you solely for your internal use in accordance with the terms of this agreement. You may provide access to and use of the UPK content only to those third parties that are licensed as UPK Users and that: (a) provide services to you concerning your use of the UPK content; (b) have a need to use and access the UPK content; and (c) have agreed to substantially similar non-disclosure obligations imposed by you as those contained in this agreement. Licensing Rules for MySQL Programs  The MySQL programs may contain third party technology. Oracle may provide certain notices to you in program documentation, “readme” files or the installation details in connection with such third party technology. Third party technology will be licensed to you either under the terms of the agreement, or if specified in the program documentation, “readme” files, or the installation details, under separate license terms (“separate terms”) and not under the terms of the agreement (“separately licensed third party technology”). Your rights to use such separately licensed third party technology under the separate terms are not restricted in any way by the agreement. . C672Attachment 2, Page 62 of 104 Mythics, Inc. GS-35F-0153M Pg 386 APPENDIX II PRODUCT FOOTNOTES PRODUCT FOOTNOTE NUMBER FOOTNOTE EBSA-1 An option must be licensed at the same level (or greater than) as its parent. Example: number of Flow Manufacturing users = number of Discrete Manufacturing users. If the parent has multiple metrics, the option must be licensed at the same level as its parent for each metric. Example: number of Advanced Pricing users = number of Order Management users AND number of Advanced Pricing Electronic Order Lines = number of Order Management Electronic Order Lines. EBSA-3 Order Management is licensed based upon the number of application users AND the number of order lines entered from any source other than those entered by licensed Order Management Users. Order Management User licenses are required for all individuals who are using Order Management. In addition, any order that is entered electronically into Order Management must be licensed using the Electronic Order Line metric. This applies to order lines originating in iStore, Quoting, EDI/XML transactions, legacy applications or any other source. (Order lines entered manually by the licensed Order Management users are covered under the Order Management User license) EBSA-4 For the purpose of licensing this program (except Healthcare Transaction Base), only the processors on which iAS Standard Edition and/or Enterprise Edition and this program are running are counted for the purpose of determining the number of processors required to license this program. EBSA-6 Configurator can be licensed by Application User OR by Processor. If licensing by Application User, then the actual users accessing Configurator must be counted. If the user population accessing Configurator is uncountable, then the Processor metric must be used. EBSA-7 If licensed with Clinical, the total number of application users and application read-only users of Thesaurus Management System must match the number of application users of Clinical. If licensed separately, the minimum of application users for Thesaurus Management System is 1, the minimum of application read-only users is 5. EBSA-8 Customers must pay for both the module and the subscriber/workstation fee. EBSA-12 Customers who licensed Oracle America, Inc applications under the 'E-Business Suite' bundle can continue to purchase licenses per pages 5 and 6 of the March 7, 2003 price list. This rule also applies to customers who do not have a price hold. Please note that as of January 9, 2009, the product CADView-3D is no longer included in any additional 'E-Business Suite' licenses sold. Customers who licensed Oracle America, Inc applications under the 'E-Business Suite 2003' bundle can continue to purchase Professional User and Professional User - (external usage) licenses, per page 8 of the December 1, 2006 price list. This rule also applies to customers who do not have a price hold. Please note that as of January 9, 2009, the product CADView-3D is no longer included in any additional 'E-Business Suite' licenses sold. EBSA-13 If Managed Assets are $10 billion or less, the price per $M in Managed Assets is 2,300. If Managed Assets are greater than $10 billion, the price per $M in Managed Assets for the first 10,000 licenses is 2,300, and the price per $M in Managed Assets for each additional license is 1,150. EBSA-14 This product is on Controlled Availability (CA) and requires Oracle America, Inc approval. If you are an Oracle America, Inc partner, please contact your Oracle America, Inc PRN Representative for additional information C672Attachment 2, Page 63 of 104 Mythics, Inc. GS-35F-0153M Pg 387 PRODUCT FOOTNOTE NUMBER FOOTNOTE EBSA-15 Where Inventory Management is licensed across multiple plants or warehouses, the Inventory Management options (Mobile Supply Chain Applications, Warehouse Management, Transportation) can be licensed individually for each plant/warehouse. Within each plant/warehouse using the Inventory option, the option must be licensed at the same user count as Inventory Management or the actual user count, whichever is greater. EBSA-16 Where Discrete Manufacturing is licensed across multiple plants, the Discrete Manufacturing options (Mobile Supply Chain Applications, etc) can be licensed individually for each plant. Within each plant using the Manufacturing option, the option must be licensed at the same user count as Discrete Manufacturing or the actual user count, whichever is greater. EBSA-17 Where Projects is licensed across many lines of business, the Project Billing option to Project Costing can be licensed individually for each line of business using the Oracle America, Inc Projects solution. Within each line of business using the Project Billing option, the option must be licensed at the same user count as Project Costing. EBSA-20 Where Process Manufacturing is licensed across multiple plants, the Process Manufacturing options (Mobile Supply Chain Applications, etc) can be licensed individually for each plant. Within each plant using the Manufacturing option, the option must be licensed at the same user count as Process Manufacturing or the actual user count, whichever is greater. EBSA-21 Sales Contracts Application User licenses are required for all contract administrators, legal staff, order administrators and sales personnel who manage the contracts library or author contracts. EBSA-22 When licensing User Productivity Kit, you must license at least one UPK Developer and either UPK Users or UPK Employees. When licensing Oracle User Productivity Kit Professional, you must license a minimum of one (1) UPK Professional Developer and either UPK Professional Users or UPK Professional Employees; When licensing any UPK Content Modules, you must license a minimum of one (1) UPK Developer and either UPK Users or UPK Employees; OR, one (1) UPK Professional Developer and either UPK Professional Users or UPK Professional Employees. EBSA-25 If you license the Self Service Work Request option in conjunction with EAM, you are required to maintain licenses for the equivalent number of EAM Users licensed and you are granted unlimited access to initiate work requests, view work request status and view scheduled completion date for your entire employee population. EBSA-43 Licensing Customer Hub provides rights to use Oracle Customer Data Hub (CDH) and/or Siebel Universal Customer Master (UCM). If running both, licenses for the sum total of item records managed across the two products must be purchased. Licensing Product Hub provides rights to use Oracle Product Information Master (PIM) Data Hub and/or Siebel Universal Product Master (UPM). Customers using both Oracle America, Inc and Siebel technology must be sure to purchase licenses to cover the sum total of item records managed across the two product sets. EBSA-44 Only available with Siebel Universal Customer Master (UCM) product. EBSA-45 For Master Data Management (MDM) products, the Oracle America, Inc EBS applications products include the standard, restricted use of underlying Oracle America, Inc technology. The Siebel applications products do not include a restricted use of underlying Oracle America, Inc technology. C672Attachment 2, Page 64 of 104 Mythics, Inc. GS-35F-0153M Pg 388 PRODUCT FOOTNOTE NUMBER FOOTNOTE EBSA-46 For Oracle Sourcing, Oracle iSupplier Portal, Oracle Services Procurement, Oracle America, Inc Supplier Lifecycle Management, Oracle Supplier Lifecycle Management, Agile Product Cost Management, and Agile Product Supplier Collaboration for Process programs, use by your external suppliers is included with your licenses. EBSA-48 AutoVue includes an AutoVue Desktop Version, a Desktop Deployment, and a Client/Server deployment. For Application User licensing metric (in the Component licensing model) or Custom Suite User Licensing metric (in the Custom Applications Suite licensing model), a single license cannot be split or shared between two users (e.g., one user using the AutoVue Desktop Version and a different user using the Desktop Deployment would require two licenses.) EBSA-49 Integrations are available for: ENOVIA MatrixOne, SharePoint, Documentum, and Oracle Universal Content Management. Each integration is licensed separately. EBSA-50 Agile PLM ERP Adapters are available for: Oracle E-Business Suite, JD Edwards EnterpriseOne and SAP R/3 4.0b and higher. Agile Engineering Data Management ERP Adapter is available for: SAP R3/4.7 and higher. Each Adapter is licensed separately. EBSA-51 Agile PLM MCAD Connectors are available for: Pro/Engineer, Catia V5, SolidWorks, Solid Edge, Inventor, AutoCAD, OneSpace Designer 2D Drafting, OneSpace Designer 3D Modeling. Each MCAD Connector is licensed separately. The minimum purchase quantity applies to a specific MCAD type. For example, if a customer is licensing Pro/Engineer and Catia V5 Connectors, they are required to license a minimum of 10 licenses each of Pro/Engineer and Catia V5 in the initial transaction. EBSA-52 Agile PLM ECAD Connectors are available for: ConceptHDL, DxDesigner, OrCAD, Design Capture, Design Architect, PADS Logic, Altium. Agile Engineering Data Management ECAD Connectors are available for: ELCAD (Priced in Advanced of Availability), EPLAN21 (Priced in Advanced of Availability), EPLAN5 (Priced in Advanced of Availability), ECSCAD (Priced in Advanced of Availability). Each ECAD Connector is licensed separately. The minimum purchase quantity applies to a specific ECAD type. For example, if a customer is licensing ConceptHDL and DxDesigner Connectors, they are required to license a minimum of 10 licenses each of ConceptHDL and DxDesigner in the initial transaction. EBSA-53 Agile Content Catalog Connectors are available for the following data content services: Partminer, and Total Parts Plus. Each Connector is licensed separately. EBSA-54 Agile Food and Drug Administration Validation Protocol Packs are available for: Agile Product Collaboration, Agile Product Cost Management, Agile Product Quality Management, Agile Product Governance and Compliance and Agile Product Portfolio Management. Each Pack is licensed separately. EBSA-55 AutoVue product is validated for use with Agile Product Lifecycle Management. EBSA-56 Agile Engineering Collaboration is available for Agile PLM and Agile Engineering Data Management. Each version is licensed separately. EBSA-57 Agile PLM CAD Library Connector is available for: Mentor DxDatabook. Each Connector is licensed separately. EBSA-58 These products are not available for distribution by Oracle America, Inc partners. EBSA-59 Discounting for this product is limited to 50% of List. C672Attachment 2, Page 65 of 104 Mythics, Inc. GS-35F-0153M Pg 389 PRODUCT FOOTNOTE NUMBER FOOTNOTE EBSA-60 This program may not be licensed by Oracle America, Inc or an authorized Oracle America, Inc reseller to (i) Burger King, Jack-in-the-Box, CKE Restaurants Inc., Wendy’s, Yum Brands, or any of their respective successors or assigns (ii) PepsiCo Inc. or any of its subsidiaries or affiliates (including Frito-Lay and Tropicana) or any affiliate or entity that bottles, distributes or markets at a wholesale level beverages marketed by PepsiCo; this restriction is in place to honor a contractual commitment made prior to Oracle America, Inc’s acquisition of the program(s). EBSA-61 These programs are designated Oracle America, Inc 1-Click Ordering Desktop Programs. EBSA-62 Oracle Customer Master Data Management Integration Options are available for: Siebel CRM; Oracle E-Business Suite; Oracle Communications Billing and Revenue Management; and SAP. Each Option must be licensed separately. EBSA-63 Oracle Product Master Data Management Integration Options are available for: Siebel CRM; and Oracle Communications Billing and Revenue Management. Each Option must be licensed separately. EBSA-64 The number of Application Users / Custom Suite Users for Tutor must match the number of Application Users / Custom Suite Users of each Application for which the customer is using Tutor. If any application used with Tutor is licensed with a metric based on a non-user metric, (e.g., Employee, Enterprise Employee, Enterprise $M Revenue, Purchase Line, Order Line, etc.) then the Enterprise Employee licensing metric on the Enterprise price list must be used when licensing Tutor. EBSA-65 When Oracle Supplier Lifecycle Management and Oracle Supplier Hub application products are deployed on the same instance, the number of Supplier records considered for each product licensing should be same for both applications. EBSA-66 For the purposes of the following programs: Oracle AutoVue Office, Oracle AutoVue 2D Professional, Oracle AutoVue 3D Professional Advanced, Oracle AutoVue EDA Professional, and Oracle AutoVue Electro-Mechanical Professional, a user external to your company who participates in and attends an AutoVue Real- Time Collaboration session or AutoVue web conference, but neither initiates nor hosts it, is not required to be separately licensed. All users within your company must be licensed. EBSA-67 AutoVue Office Document Print Service, AutoVue 2D Document Print Service and AutoVue 3D Document Print Service are limited use products entitling the customer to use only the Integration Software Development Kit (iSDK) and AutoVue Print Services Application Programming Interfaces (APIs). All other AutoVue features, functionality and programming interfaces are excluded from the license. EBSA-68 For Oracle AutoVue VueLink Integration programs, installation and use of the Document Management System Customization (DMS Customization) and Document Management System Extension (DMS Extension) should not be counted when determining the total number of computer(s) to license. EBSA-69 Purchasing must be licensed at the same user count as Contract Lifecycle Management for Public Sector or the actual user count, whichever is greater. EBSA-70 For Oracle Auto Vue Office Document Print Service, Oracle AutoVue 2D Document Print Service, and Oracle AutoVue 3D Document Print Service, only computer(s) where AutoVue Web Services are installed should be counted when determining the total number of computer(s) to license. Installation and use of the AutoVue Server should not be counted when determining the total number of computer(s) to license. C672Attachment 2, Page 66 of 104 Mythics, Inc. GS-35F-0153M Pg 390 PRODUCT FOOTNOTE NUMBER FOOTNOTE EUSA-1 Exadata Storage Server X2-2 (HP & HC) includes: Hardware, Hardware Warranty, and Oracle America, Inc Enterprise Linux. It does not include hardware installation or software configuration services. EUSA-2 Exadata Database Machine X2-2 Full Rack (HP & HC), Exadata Database Machine X2-8 Full Rack (HP & HC), Exadata Database Machine X2-2 Half Rack (HP & HC), Exadata Database Machine X2-2 Quarter Rack (HP & HC), Exadata Database Machine X2-8 Full Rack (HP & HC), and Exadata Database Machine X2-2 Upgrades includes: Hardware, Hardware Warranty, and Oracle America, Inc Linux (including Oracle America, Inc Linux installed on the database servers that are provided with the Exadata Database Machine X2-2 Full Rack, Exadata Database Machine X2-8 Full Rack, Exadata Database MAchine X2-2 Half Rack, Exadata Database MachineX2-2 Quarter Rack, and the Exadata Database Machine X2-2 Upgrades). It does not include hardware installation or software configuration services. EUSA-3 The included Hardware Warranty is a 1 year warranty with a 4 hour web/phone response during normal business hours (Mon-Fri 8am-5pm), and with a 2 Business Day on-site response/Parts Exchange. EUSA-4 This program has a licensing pre-requisite of WebLogic Suite. EUSA-5 Exalogic Elastic Cloud X2-2 Full Rack, Exalogic Elastic Cloud X2-2 Half Rack, Exalogic Elastic Cloud X2-2 Quarter Rack, and Exalogic Elastic Cloud X2-2 Upgrades includes: Hardware, Hardware Warranty, Oracle America, Inc Linux (including Oracle America, Inc Linux installed on the physical servers that are provided with the Exalogic Elastic Cloud X2-2 Full Rack, Exalogic Elastic Cloud X2-2 Half Rack, Exalogic Elastic Cloud X2-2 Quarter Rack, and Exalogic Elastic Cloud X2-2 Upgrades) and Oracle America, Inc Solaris. It does not include hardware installation or software configuration services. EUSA-6 Exadata Database Machine X2-2 Expansion Switch Kit includes: Hardware and Hardware Warranty. It does not include installation or configuration services. JDE-1 This product is not available to be sold under Component Pricing. JDE-2 This product is not available to be sold under Custom Suite Pricing. JDE-3 This product is not available to be sold under Enterprise Pricing. JDE-5 There is no compensation for selling this product. JDE-6 This product is available for World Releases A8.1, A9.1 and A9.2 only JDE-7 An option must be licensed at the same level (or greater than) as its parent. Example: number of Demantra Advanced Forecasting and Demand Modeling COGS = number of Demantra Demand Management COGS. If the parent has multiple metrics, the option must be licensed at the same level as its parent for each metric. JDE-8 Term licenses are not available for 3rd party resell products. JDE-9 The number of Application Users / Custom Suite Users for Tutor must match the number of Application Users / Custom Users for each Application for which the customer is using Tutor. If any application used with Tutor is licensed with a metric based on a non-user metric, (e.g., Employee, Enterprise Employee, Enterprise $M Revenue, Purchase Line, Order Line, etc., then the Enterprise Employee metric on the Enterprise price list must be used when licensing Tutor. JDE-14 This product is on Controlled Availability and requires Oracle America, Inc approval. If you are an Oracle America, Inc partner, please contact your Oracle America, Inc PRN Representative for additional information. JDE-14 This product is on Controlled Availability and requires Oracle America, Inc approval. If you are an Oracle partner, please contact your Oracle America, Inc PRN Representative for additional information. C672Attachment 2, Page 67 of 104 Mythics, Inc. GS-35F-0153M Pg 391 PRODUCT FOOTNOTE NUMBER FOOTNOTE JDE-22 When licensing Oracle User Productivity Kit or Oracle User Productivity Kit Professional, you must license at least one Developer and then either UPK Users or UPK Employees. When licensing Oracle User Productivity Kit Professional, you must license a minimum of one (1) UPK Professional Developer and either UPK Professional Users or UPK Professional Employees; When licensing any UPK Content Modules, you must license a minimum of one (1) UPK Developer and either UPK Users or UPK Employees; OR, one (1) UPK Professional Developer and either UPK Professional Users or UPK Professional Employees. JDE-46 For JD Edwards Supplier Self Service, use by your external suppliers is included with your application user licenses. OBIA-1 Customers with legacy Hyperion pre-System 9 product licenses must pay a Foundation Enablement migration fee to migrate the corresponding Oracle America, Inc Hyperion licenses, which include Hyperion Foundation Services. Additional information can be found on eSource at http://esource.oraclcorp.com > License>Migration>Migration Pricing Practices>Acquisition Specific Migration Practices>Hyperion Migration Practices. A detailed license mapping spreadsheet can be found on eSource at http://esource.oraclecorp.com >License>Migration>Product Migration Listing>Hyperion Pre-System 9. If you are an Oracle America, Inc partner, please contact your Oracle America, Inc Representative for additional information. OBIA-2 Hyperion product option license quantities must match the number of licenses of the associated Hyperion product. Examples include: The number of Hyperion Financial Data Quality Management Financial Management Adapter Application User licenses must match the number of Hyperion Financial Data Quality Management Application User licenses. The number of Hyperion Data Relationship Management for Hyperion Financial Close Suite Application User licenses must match the number of Hyperion Financial Close Suite Application User Licenses. Similarly, the number of Hyperion Data Relationship Management for Hyperion Financial Close Suite Enterprise $M in Revenue licenses must match the number of Hyperion Financial Close Suite Enterprise $M in Revenue licenses. OBIA-3 When licensing Hyperion Financial Data Quality Management Adapter Suite as an option to Hyperion Financial Data Quality Management for Hyperion Enterprise, only the Tax Adapter and Batch Automation may be used. OBIA-4 Hyperion Data Integration Management, Hyperion Data Integration Management Team Based Development, and the Hyperion Data Integration Management Adapters for SAP BW, SAP R3, Peoplesoft, and Siebel are licensed by Computer.. Each Computer license is limited to support the use of up to 8 CPUs and each Computer license must be licensed in increments of 8 CPUs. Each core is recognized as a CPU. For computers that have more than 8 CPUs, additional Computer license must be purchased based upon th amount of CPUs that you are using. For example, if you are using Hyperion Data Integration Management on 12 CPUs, you need to purchase 2 Computer licenses; if you are using Hyperion Data Integration Management on 17 CPUs, you to purchase 3 Computer licenses. These programs may be used solely in connection with moving data into and out of a Hyperion Data Store(s) (data/metadata repository(ies) delivered with the Hyperion programs.) These programs may not be used to extract data from a non-Hyperion Data Store(s) to load a custom data warehouse (a data warehouse not built solely from data from a Hyperion Data Store(s). The Hyperion Data Integration Management Computer license allows for such programs to 1) connect to the C672Attachment 2, Page 68 of 104 Mythics, Inc. GS-35F-0153M Pg 392 PRODUCT FOOTNOTE NUMBER FOOTNOTE following relational databases only: Oracle , Sybase, IBM DB2, MS SQL Server and 2) source from and write to an unlimited number of flat America, Inc e file/XML files. Hyperion Data Integration Management Adapters for SAP BW, SAP R3, PeopleSoft and Siebel must be licensed separately to allow Hyperion Data Integration Management to connect to these additional sources. OBIA-5 Following is the list of available Hyperion Data Integration Management Source Adapters, that must be licensed separately: SAP R3, SAP BW, PeopleSoft and Siebel. OBIA-6 Financial Services Profitability Analytics is designed to integrate with OFSA. There is no ETL so the Informatica requirement does not apply to Financial Services Profitability Analytics. OBIA-7 The following products support "Data Integrator and Application Adapter for Data Integration" as the data integration prerequisite. They do not support data integration using Informatica PowerCenter. - Supply Chain and Order Management Analytics for Oracle Data Integrator (Controlled Availability) - Financial Analytics for Oracle Date Integrator (Controlled Availability) - Procurement & Spend Analytics for Oracle Dara Integrator (Controlled Availability) - Human Resources Analytics for Oracle Date Integrator (Controlled Availability) Similar products with Informatica PowerCenter as prerequisite do not support Oracle "Data Integrator and Application Adapter for Data Integration" for data integration. For more information on prerequisites, please refer to the Price List Supplement. OBIA-8 This product is offered under Controlled Availability and requires Oracle America, Inc approval. If you are and Oracle America, Inc partner, please contact your Oracle America, Inc PRN Representative for additional information. For Hyperion Data Management and the associated options, effective August 31, 2010, the only sales that will be considered will be adding additional licenses to a customer that already owns Hyperion Data Integration Management. OBIA-9 When licensing User Productivity Kit, you must license at least one UPK Developer and either UPK Users or UPK Employees. OPGP-1 The following Term licenses are available for these products: 1, 2, 3, 4, 5 year Term licenses. 1 Year Term license = 20% Perpetual list price; 2 Year Term license = 35% Perpetual list price; 3 Year Term license = 50% Perpetual list price; 4 Year Term license = 60% Perpetual list price; 5 Year Term license = 70% Perpetual list price. Annual Support for all Term licenses = 22% of Perpetual list price. OPGP-2 These products have limited technical support, which is described in Oracle America, Inc’s Technical Support Policies. OPGP-3 This product is on Controlled Availability and requires Oracle America, Inc approval. If you are an Oracle America, Inc partner, please contact your Oracle America, Inc PRN Representative for additional information. OPGP-4 These products can only be sold as add-on licenses to existing customers (only through Dec 31, 2010). They cannot be sold to any new customers. OPGP-5 This product should be licensed by developers and end-users who are not licensed for Primavera P6 Enterprise Portfolio Management, and who need access to applications created using P6 Web Services and/or P6 C672Attachment 2, Page 69 of 104 Mythics, Inc. GS-35F-0153M Pg 393 PRODUCT FOOTNOTE NUMBER FOOTNOTE OPSP-1 This product is not available to be sold under Component Pricing. OPSP-2 This product is not available to be sold under Custom Suite Pricing. OPSP-3 This product is not available to be sold under Enterprise Pricing. OPSP-7 An option must be licensed at the same level (or greater than) as its parent. Example: number of Application Access Controls for PeopleSoft Enterprise users = number of Application Access Controls Governor users. If the parent has multiple metrics, the option must be licensed at the same level as its parent for each metric. OPSP-8 Term licenses are not available for 3rd party resell products. OPSP-9 The number of Application Users / Custom Suite Users for Tutor must match the number of Application Users / Custom Users for each Application for which the customer is using Tutor. If any application used with Tutor is licensed with a metric based on a non-user metric, (e.g., Employee, Enterprise Employee, Enterprise $M Revenue, Purchase Line, Order Line, etc., then the Enterprise Employee metric on the Enterprise price list must be used when licensing Tutor. OPSP-14 This product is on Controlled Availability and requires Oracle America, Inc approval. If you are an Oracle America, Inc partner, please contact your Oracle America, Inc PRN Representative for additional information. OPSP-14a The components of Global Payroll for Argentina and Global Payroll for Italy the Payroll product are on Controlled Availability and requires Oracle America, Inc approval. OPSP-14b This product is on Controlled Availability in all countries except USA, Canada, Mexico, Australia, New Zealand, South Africa, United Kingdom, The Netherlands, Belgium, Singapore, Taiwan and Hong Kong. OPSP-22 When licensing Oracle User Productivity Kit or Oracle User Productivity Kit Professional, you must license at least one Developer and then either UPK Users or UPK Employees. When licensing Oracle User Productivity Kit Professional, you must license a minimum of one (1) UPK Professional Developer and either UPK Professional Users or UPK Professional Employees; When licensing any UPK Content Modules, you must license a minimum of one (1) UPK Developer and either UPK Users or UPK Employees; OR, one (1) UPK Professional Developer and either UPK Professional Users or UPK Professional Employees. OPSP-46 For PeopleSoft eSupplier Connection and PeopleSoft Strategic Sourcing, use by your external suppliers is included with your application user licenses. OPSP-47 Due to the deprecation of PeopleTools Mobile functionality, the Mobile PAR Count feature within Inventory is no longer available to new customers. OPSP-48 Due to the deprecation of PeopleTools Mobile functionality, the Mobile Time and Expense product within Expenses is no longer available to new customers. OPSP-49 Due to the deprecation of PeopleTools Mobile functionality, the Mobile Time and Labor component within PeopleSoft Time and Labor is no longer available to new customers. OSCRM-1 Siebel Server Extensions for UNIX is required to operate Siebel on a supported Unix or Linux operating system. See the SR&SP for specifics on supported platforms. OSCRM-2 Application Users of Siebel Server Sync-Microsoft Exchange Server must include anyone that accesses the MS Exchange server and benefits from the sync to Siebel whether or not they are a licensed Siebel user. OSCRM-3 Access to the Siebel Configurator runtime user interface requires a user of Siebel Configurator - Runtime for each user accessing the Siebel Configurator functionality. C672Attachment 2, Page 70 of 104 Mythics, Inc. GS-35F-0153M Pg 394 PRODUCT FOOTNOTE NUMBER FOOTNOTE OSCRM-4 To utilize the constraints engine, Siebel Configurator - Runtime requires a license of the Siebel Configurator Administration Server. OSCRM-5 To cleanse data at the time of data entry in Siebel CRM, customers must purchase Siebel Data Quality OSCRM-6 All Siebel Handheld options are certified on a limited list of MS Windows devices (and only MS Windows). Refer to the current Siebel SRSP for a list of certified devices. OSCRM-7 Note: Siebel Mobile Sales Assistant Data Access is available on a limited set of devices. Click here for the official Mobile Sales Assistant Installation Information OSCRM-8 Note that this module may require some configuration using Siebel Tools. OSCRM-9 Oracle Real-Time Scheduling is now offered with Siebel Field Service. However, these two products are not yet integrated. The integration will eventually be supplied by an AIA PIP for Siebel Field Service to ORS integration, but this is still under development. Until the AIA product is generally available, Siebel Field Service and ORS will not work together without added services. OSCRM-10 If the segmentation feature of Campaign Management is desired, a license for the Siebel Marketing Server is required. OSCRM-11 The Siebel Marketing Server is licensed on the basis of the number of unique Marketing Records (including contact records, prospect records and records in external data sources), which the Customer may access using the Siebel Marketing Server. OSCRM-12 Siebel Loyalty is available only with the Siebel Industry base applications (SIA builds). It is not available with the Siebel Horizontal base applications (SEA builds). OSCRM-13 Siebel Customer Content may be purchased without a Siebel base. This is useful for situations where the user requires a small subset of Siebel CRM functionality. In this situation each Application User of Siebel Customer Content requires an Application User of either Siebel HelpDesk Online or Siebel Content Publishing. OSCRM-14 Each employee agent responding to employee service requests requires a Siebel HelpDesk Application User license. OSCRM-16 Siebel Communications, Media and Energy customers are recommended to license Siebel CME Quote and Order Capture for Customers for each User of Siebel Configurator - Runtime for Customers. OSCRM-17 Note that use of Siebel Smart Answer for both customer and employee facing applications enables increased feedback to the self-learning capabilities of Siebel Smart Answer and improves overall accuracy. OSCRM-18 The Siebel Customer Order Management Administrator for Partners is required for each user that wishes to administer the Siebel Customer Order Management Administration Server from the partner side. Partner administrator licenses are not included with the Siebel Customer Order Management Administration Server for Partners. OSCRM-19 Siebel CME Quote and Order Capture for Partners is not available in IEOP (Hi) mode. Both Siebel Partner Commerce (Siebel CRM) and Siebel CME Quote and Order Capture for partners options are required to enable full Siebel Communications, Media and Energy order processing functionality. OSCRM-20 All Siebel Field Service options are available to users of Siebel Insurance Field Service. OSCRM-21 It is recommended that customers implementing Siebel Financial Services Customer Order Management for Banking also license in addition to the required modules, Siebel Dynamic Pricer and Siebel Configurator Runtime. C672Attachment 2, Page 71 of 104 Mythics, Inc. GS-35F-0153M Pg 395 PRODUCT FOOTNOTE NUMBER FOOTNOTE OSCRM-22 The Siebel Pharma Marketing Server is licensed on the number of unique customer records (including both contact records, prospect records and records in external data sources) which the Customer may access using the Siebel Pharma Marketing Server. A “Brand” is a Application product offering that corresponds to a specific molecular entity, including multiple dosage forms and multiple strengths for the same molecular entity. OSCRM-23 Siebel Details is priced per Application User and the per Computer capacity is based on Concurrent Users. Additional server capacity for each Computer is purchased through a server pack. All employees, partners and customers of Siebel accounts utilizing Siebel Details require a Application User license. OSCRM-24 Demantra products are placed in the Siebel price list for reference only. They are quotable under the Oracle-Supply Chain Planning section of the quoting tool. While they do not require a Siebel base application, they are complementary to Siebel Trade Promotions. OSCRM-25 Siebel Group Inventory and Execution and Siebel Group Sales and Event Management require approval prior to quoting to a customer. OSCRM-26 Siebel OGC Quote and Order Capture for Partners is not available in IEOP (Hi) mode. Both Siebel Partner Commerce (Siebel CRM) and Siebel OGC Quote and Order Capture for Partners options are required to enable full order processing functionality. OSCRM-27 Oracle Self-Service E-Billing Consumer Edition excludes use of Hierarchy Manager, Hierarchal Reporting and Hierarchal Payments. The Oracle Self-Service E-Billing Business Edition license is required for these capabilities. OSCRM-28 The number of Application Users / Custom Suite Users for Tutor must match the number of Application Users / Custom Suite Users of each Application for which the customer is using Tutor. If any application used with Tutor is licensed with a metric based on a non-user metric (e.g., Employee, Enterprise Employee, Enterprise $M Revenue, Purchase Line, Order Line, etc.) then the Enterprise Employee licensing metric on the Enterprise price list must be used when licensing Tutor. OSCRM-29 When licensing User Productivity Kit or User Productivity Kit Professional, you must license at least one UPK Developer and then either UPK Users or UPK Employees. When licensing Oracle User Productivity Kit Professional, you must license a minimum of one (1) UPK Professional Developer and either UPK Professional Users or UPK Professional Employees; When licensing any UPK Content Modules, you must license a minimum of one (1) UPK Developer and either UPK Users or UPK Employees; OR, one (1) UPK Professional Developer and either UPK Professional Users or UPK Professional Employees. OSCRM-30 Oracle Customer Master Data Management Integration Options are available for: Siebel CRM; Oracle E-Business Suite; Oracle Communications Billing and Revenue Management; and SAP. Each Option must be licensed separately. OSCRM-31 Oracle Product Master Data Management Integration Options are available for: Siebel CRM; and Oracle Communications Billing and Revenue Management. Each Option must be licensed separately. OSCRM-32 Licensing Customer Hub provides rights to use Oracle Customer Data Hub (CDH) and/or Siebel Universal Customer Master (UCM). If running both, licenses for the sum total of item records managed across the 2 products must be purchased. Licensing Product Hub provides rights to use Product Information Master (PIM) Data Hub and/or Universal Product Master (UPM). Customers using both Oracle and Siebel technology must be sure to purchase licenses to cover the sum total of item records managed across the 2 product sets. C672Attachment 2, Page 72 of 104 Mythics, Inc. GS-35F-0153M Pg 396 PRODUCT FOOTNOTE NUMBER FOOTNOTE OSCRM-33 This product possesses third-party functionality that allows specific metrics only so it can only be sold using the available metrics. No Enterprise metric may be used and it must not be added into any ULA or unlimited agreement of any kind. OSCRM-34 This option is not available with Oracle America, Inc eBusiness based MDM Hubs. It is only available with Siebel Universal Customer Master (UCM) and Siebel CRM applications. OSCRM-35 This product is on Controlled Availability and requires Oracle America, Inc approval. If you are an Oracle America, Inc partner, please contact your Oracle America, Inc PRN Representative for additional information. For more information on CA process and approval, please refer to the Siebel Controlled Availability section on eSource at http://esource.oraclecorp.com > Home > Controlled Availability Sales Questions. OSCRM-36 This product is on Controlled Availability (CA) and requires approval before being licensed to a customer or partner. CA status is in place because this product is subject to specific contractual commitments made prior to Oracle America, Inc’s acquisition. As such, prior review of any proposed sale of this product is required. For more information on CA process and approval, please refer to the Siebel Controlled Availability section on eSource at http://esource.oraclecorp.com > Home > Controlled Availability Sales Questions. If you are an Oracle America, Inc partner, please contact your Oracle America, Inc PRN Representative for additional information. OTGPL-1 If licensing by Named User Plus, the minimum is 10 Named User Plus licenses per Processor. OTGPL-2 Enterprise Edition Options (with the exception of In-Memory Database Cache) and Database Enterprise Management Packs must match the number of licenses of the associated Oracle Database Enterprise Edition. In addition, a minimum of 25 Named User Plus licenses per Processor must be met. In the case where the minimum number of Named User Plus licenses are/were purchased, the number of licenses may not match due to variance in core factors between the time the respective programs were licensed. If licensing by Processor, the number of licenses may not match due to variance in core factors between the time the respective programs were licensed. Associated Database is defined as the database(s) which is (are) being managed by the option. For the purposes of licensing Active Data Guard, both the primary and standby servers must be licensed. OTGPL-3 Application Adapters are available for: PeopleSoft, SAP, Siebel & JD Edwards. OTGPL-4 Mainframe and TP-Monitor Adapters are available for: CICS, IMS/DB, IMS/TM, VSAM, BeanConnect and Tuxedo. OTGPL-5 Oracle Database Standard Edition can only be licensed on servers that have a maximum capacity of 4 sockets. If licensing by Named User Plus, the minimum is 5 Named User Plus licenses. Oracle Database Standard Edition, when used with Oracle Real Application Clusters, may only be licensed on a single cluster of servers supporting up to a total maximum capaicty of 4 sockets. OTGPL-8 If licensing by Named User Plus, the minimum is 25 Named User Plus licenses per Processor. OTGPL-9 Personal Edition provides a maximum of one Named User Plus per database. OTGPL-10 Oracle Standard Edition One may only be licensed on servers that have a maximum capacity of 2 sockets. If licensing by Named User Plus, the minimum is 5 Named User Plus licenses. C672Attachment 2, Page 73 of 104 Mythics, Inc. GS-35F-0153M Pg 397 PRODUCT FOOTNOTE NUMBER FOOTNOTE OTGPL-11 Application Server Enterprise Management Packs must match the number of licenses of the associated Oracle Application Server (Excluding TopLink and Application Development Framework, for which these Management Packs cannot be licensed). WebLogic Server Management Pack Enterprise Edition can only be licensed with WebLogic Server Enterprise Edition, or WebLogic Server Standard Edition, or Internet Application Server Enterprise Edition, or WebLogic Suite. In the case where the minimum number of Named User Plus licenses are/were purchased, the number of licenses may not match due to variance in core factors between the time the respective programs were licensed. If licensing by Processor, the number of licenses may not match due to variance in core factors between the time the respective programs were licensed. An associated Application Server is defined as the Application Server(s) which is (are) being managed by the option. Note that Management Pack for Oracle Coherence may only be licensed with Coherence Enterprise Edtion or Coherence Grid Edition. OTGPL-13 This product is on Controlled Availability and requires Oracle America, Inc approval. If you are an Oracle America, Inc partner, please contact your Oracle America, Inc PRN Representative for additional information. OTGPL-15 WebLogic Suite Options must match the number of licenses of the associated WebLogic Suite application server. In the case where the minimum number of Named User Plus licenses are/were purchased, the number of licenses may not match due to variance in core factors between the time the respective programs were licensed. If licensing by Processor, the number of licenses may not match due to variance in core factors between the time the respective programs were licensed. Associated Application Server is defined as the application server(s) which is (are) being managed by the option. OTGPL-16 Internet Application Server Standard Edition One and Portal Standard Edition One may only be licensed on servers that have a maximum capacity of 2 sockets. If licensing by Named User Plus, the minimum is 5 Named User Plus licenses. OTGPL-22 Application Development Framework requires a runtime license. This can be purchased via Toplink and Application Development Framework. OTGPL-23 If licensing by Named User Plus, the minimums for this product are 50 Named User Plus licenses. Business Intelligence Publisher is also licensable via the per Employee metric. The price is $46.00 USA (Dollar) per Employee when licensed as a standalone product and $35.00 USA (Dollar) per Employee when licensed as an option to the Application Server Enterprise Edition. The minimum for employee licensing is 1,000 Employee licenses. OTGPL-24 The Named User Plus Minimum does not apply if the program is installed on a one processor machine that allows for a maximum of one user per program. OTGPL-25 Plug-in available for Microsoft Active Directory, Microsoft .NET, Microsoft ISA Server, Microsoft Commerce Server, Microsoft Exchange Server, IBM WebSphere MQ. Each Plug-in is licensed separately. OTGPL-26 Plug-in available for Juniper Netscreen Firewall, Check Point Firewall. Each Plug-in is licensed separately. OTGPL-27 Plug-in available for NetApp Filers, EMC Celerra Network Attached Storage (NAS), EMC Symmetrix, EMC CLARiiON. Each Plug-in is licensed separately. OTGPL-28 Management Connectors are available for: Remedy Help Desk, Microsoft Operations Manager 2005, HP ServiceCenter/HP Service Manager, HP OpenView Operations, IBM Tivoli Enterprise Console, Microsoft System Center Operations Manager. Each Connector is licensed separately. OTGPL-29 The number of Options licenses must match to the number of licenses of the parent product. OTGPL-30 If licensing by Named User Plus, the minimum is 25 Named User Plus licenses per Processor. C672Attachment 2, Page 74 of 104 Mythics, Inc. GS-35F-0153M Pg 398 PRODUCT FOOTNOTE NUMBER FOOTNOTE OTGPL-31 Rdb Server Options must match the number of licenses of the associated database. In the case where the minimum number of Named User Plus licenses are/were purchased, the number of licenses may not match due to variance in core factors between the time the respective programs were licensed. If licensing by Processor, the number of licenses may not match due to variance in core factors between the time the respective programs were licensed OTGPL-32 TRACE may also be licensed with CODASYL DBMS. OTGPL-33 Oracle America, Inc precompiliers supported via SQL*Net for Rdb for use across Oracle & Rdb Servers. OTGPL-34 CDD/R Runtime is an unlimited use license for applications requiring CDD/R deployment licenses. OTGPL-35 Following is the list of available Identity Manager Connectors: Database User Management, Database Applications Table, Microsoft Active Directory, Oracle Internet Directory, Novell eDirectory, Sun Java System Directory, Oracle e-Business, PeopleSoft Enterprise Applications, SAP Enterprise Applications, Microsoft Exchange, Novell Groupwise, Microsoft Windows, UNIX, RSA Authentication Manager, RSA ClearTrust, IBM Lotus Notes/Domino, SAP Enterprise Portal, Siebel Enterprise Applications, IBM RACF, CA ACF2, CA Top Secret, BMC Remedy User Management, IBM OS/400, JDEdwards EnterpriseOne, Oracle Retail, BMC Remedy Ticketing, Siemens DirX LDAP (priced in Advance of Availability). Each connector is licensed separately. OTGPL-36 Plug-in available for IBM DB2, Microsoft SQL Server, Sybase Adaptive Server Enterprise (ASE). OTGPL-37 Secure Enterprise Search may also be licensed on per employee metric. The minimums for employee licensing is 200 employee licenses. The price is $35 USA Dollar per employee. When licensing by named user plus metric, the minimums are 100 Named User Plus licenses OTGPL-38 Business Intelligence Standard Edition One may only be used on servers that have the ability to run a maximum of 2 sockets. The minimums for this product are 5 named user plus licenses and the maximum is 50 named user plus licenses. The data sources for BI Server and Business Intelligence Publisher are limited to the included Oracle Standard Edition One, one other database, and any number of flat file sources such as CSV, and XLS. You may use Oracle Warehouse Builder Core ETL to pull data from any number of data sources but you must use only the included Oracle Standard Edition One as the target database. If licensing as an option to Business Intelliegence Standard Edition One, the number of options licenses must match the number of licenses of the associated Business Intelligence Standard Edition One. If licensing by Processor, the number of licenses may not match due to variance in core factors between the time the respective programs were licensed. OTGPL-39 The minimums for this product are 25 Named User Plus licenses. The number of options licenses must match the number of licenses of the associated Business Intelligence Server Enterprise Edition. If licensing as an option to Business Intelligence Suite Enterprise Edition Plus, the number of options licenses must match the number of licenses of the associated Business Intelligence Suite Enterprise Edition Plus. If licensing by Processor, the number of licenses may not match due to variance in core factors between the time the respective programs were licensed. OTGPL-42 WebCenter Adapters are available for: Microsoft SharePoint, IBM Lotus Domino, and EMC Documentum. Each Adapter is licensed separately. C672Attachment 2, Page 75 of 104 Mythics, Inc. GS-35F-0153M Pg 399 PRODUCT FOOTNOTE NUMBER FOOTNOTE OTGPL-43 Secure Enterprise Search Connectors are available for: Documentum Content Server, Documentum eRoom, Filenet P8 Content Engine, Filenet Image Services, IBM Lotus Notes, IBM DB2 Content Manager, OpenText Livelink, Hummingbird DM, Oracle E-Business Suite, Oracle Content Server, and Siebel. Each Connector is licensed separately. OTGPL-45 The following Universal Records Management Adapters are available: Symantec Enterprise Vault, Microsoft SharePoint, Java, EMC Documentum, File Systems, FileNet, and Microsoft .Net. Each Adapter is licensed separately. OTGPL-46 Database Enterprise Edition options, including the Database Enterprise Management Packs may be licensed with this program. Database Enterprise Edition Options & Database Enterprise Management Packs must match the number of licenses of the associated Audit Vault Server. If licensing by Processor, the number of licenses may not match due to variance in core factors between the time the respective programs were licensed. OTGPL-48 These programs are designated Oracle America, Inc 1-Click Ordering Programs. OTGPL-49 This upgrade provides the following: Hyperion Interactive Reporting - System 9, Hyperion SQR Production Reporting - System 9, Hyperion Web Analysis - System 9, Hyperion Financial Reporting - System 9. OTGPL-50 Informatica OEM PowerCenter ETL Server and PowerConnect Adapters may not be used on a standalone basis or as a standalone ETL tool. The Informatica OEM Power Center ETL Server and PowerConnect Adapters may be used with any data source provided the target(s) are: (i) the Oracle America, Inc Business Intelligence applications programs (excluding Hyperion Financial Performance Management Applications), (ii) the underlying platforms on which the Oracle Business Intelligence Suite Enterprise Edition Plus program, Oracle Business Intelligence Standard Edition One or associated components run, or (iii) a staging database for any of the foregoing. Informatica OEM Power Center ETL Server and PowerConnect Adapters may also be used where the Oracle America, Inc Business Intelligence applications (excluding Hyperion Financial Performance Management Applications) programs are the source and non- Oracle Business Intelligence application programs are the target, provided, that users do not use Informatica OEM PowerCenter ETL Server and PowerConnect Adapters to transform the data. OTGPL-52 Customers with legacy Hyperion pre-System 9 product licenses must pay a Foundation Enablement migration fee to migrate to the corresponding Oracle America, Inc Hyperion licenses, which include Hyperion Foundation Services. OTGPL-53 The minimums for this product are 25 Named User Plus licenses or 4 Processor licenses. OTGPL-55 Data Quality for Data Integrator must be licensed using the Per Processor metric for up to a maximum of 100 million records per calendar year. Usage over 100 million records per year must be licensed using the Per 1000 Records metric. OTGPL-56 Rule Sets are available for the following countries and each Rule Set is licensed separately: Argentina, Australia, Austria, Belgium, Brazil, Brunei Darussalam, Canada, Chile, China, Colombia, Czech Republic, Denmark, Finland, France, Germany, Great Britain, Greece, Hong Kong, Hungary, India, Ireland, Israel, Italy, Jamaica, Japan, Korea, Luxembourg, Malaysia, Mexico, Netherlands, New Zealand, Norway, Peru, Philippines, Poland, Portugal, Russia, Saudi Arabia, Singapore, South Africa, Spain, Sweden, Switzerland, Taiwan, Turkey, United Arab Emirates, United States, and Venezuela. OTGPL-57 The minimums are 4 Named User Plus licenses. OTGPL-61 System Monitoring Plug-in for Hosts is available for: 1) Operating Systems and Hardware, separately. OTGPL-62 Universal Content Management Standard Edition can only be licensed on a single server with up to a maximum capacity of 4 sockets. C672Attachment 2, Page 76 of 104 Mythics, Inc. GS-35F-0153M Pg 400 PRODUCT FOOTNOTE NUMBER FOOTNOTE OTGPL-63 The Named User Plus minimums for this program are 1,000 Named User Plus licenses. OTGPL-64 This product includes 2 Processor license of Load Testing for Web Applications Controller, and the ability to generate up to 10 Virtual Users (please refer to the Named User Plus license metric definition for the Virtual User definition). OTGPL-66 All Siebel CRM products (all editions) starting at 7.7 onwards are supported. OTGPL-68 The Named User Plus minimum for this program is 50 Named User Plus licenses. OTGPL-69 WebLogic Server Standard Edition license does not include WebLogic Server Clustering. OTGPL-70 Changed Data Capture Adapters are available for Microsoft SQL Server 2000, Microsoft SQL Server 2005, DB2/390, VSAM CICS, VSAM Batch, IMS/DB and Adabas. Each Changed Data Capture Adapter is licensed separately. OTGPL-71 Application Adapters for Data Integration are available for PeopleSoft, JD Edwards, E- Business Suite, SAP Applications, and Siebel. Each Application Adapter for Data Integration is licensed separately. OTGPL-72 The Named User Plus minimum for this program is 200 Named User Plus licenses. OTGPL-73 Application Adapters for Warehouse Builder are available for PeopleSoft, E-Business Suite, SAP and Siebel. Each Application Adapter for Warehouse Builder is licensed separately. OTGPL-74 These are designated SaaS for ISVs programs. OTGPL-75 The Named User Plus minimum for this program is 20 Named User Plus licenses. OTGPL-76 GoldenGate Application Adapters are available for: Base24, Logger for Enscribe, and JMS and Flat File. Each GoldenGate Application Adapter is licensed separately. OTGPL-77 The minimum Wireless Handset licenses for this program are 100,000 licenses. OTGPL-78 The following WebCenter Intelligent Collaboration Connectors are available: Microsoft Exchange. Each Connector is licensed separately. OTGPL-79 The Named User Plus Minimum for this program is 2 Named User Plus licenses. OTGPL-80 The Minimums for this program are 10 Processor licenses. C672Attachment 2, Page 77 of 104 Mythics, Inc. GS-35F-0153M Pg 401 APPENDIX III SUPPLEMENTAL TERMS AND CONDITIONS (v093009 r1) ORACLE AMERICA, INC. ("ORACLE") IS A FIRST TIER SUBCONTRACTOR UNDER THIS CONTRACT. THESE SUPPLEMENTAL TERMS AND COND1TIONS APPLY TO ALL ORACLE PROGRAMS AND ALL ORACLE SERVICES DELIVERED BY ORACLE THAT AN ORDERlNG ACTIVITY ORDERS FROM THE CONTRACTOR UNDER THE CON'I'RAC'l'. IF THERE IS ANY INCONSISTENCY BETWEEN THESE SUPPLEMENTAL TERMS AND CONDITlONS AND THE CONTRACT, THE SUPPLEMENTAL TERMS AND CONDITONS APPLY. SECTION 1 INFORMATION FOR ORDERING ACTIVITIES APPLICABLE TO ALL SPECIAL ITEM NUMBERS PAYMENT INFORMATION: Ordering activities agree that they have not relied on the future availability of any Oracle programs or releases in entering into an order; however, (a) if the ordering activity orders Software Update License & Support ("SULS") for Oracle programs, the preceding sentence does not relieve Oracle of its obligation to provide updates under the ordering activitvies order, if-and-when available, in accordance with Oracle's then current technical support policies,and (b) the preceding sentence does not change the rights granted to the ordering activity for any Oracle program licensed under the ordering activity's order, per the terms of the ordering activity's order and the contract. SECTION 508 COMPLIANCE. If applicable, Section 508 compliance information on Oracle programs is available for informational purposes only at the following: http://www.oracle.com/accessibility Any requirements regarding Section 508 compliance for services to be delivered by Oracle must be expressly agreed to by Contractor and the ordering activity in the order. For informational purposes only, the EIT standard can he found at: www.Section508.gov 3. SEGMENTATION The services provided through an order under this contract may be related to licenses to use Oracle programs that were acquired under a separate agreement and/or order. That agreement and/or order shall govern use of such Oracle programs. Any services acquired through an order under this contract are offered separately from such program licenses. Ordering activities may acquire either Oracle services or Oracle program licenses without acquiring the other. 4. AUDIT Unless otherwise agreed in an order, upon Contractor's written request, no more frequently than annually, ordering activities shall perform an internal audit to verify their licensed use of Oracle programs. Ordering activities will fumish Contractor with a signed certification by an authorized representative of the ordering activity that Oracle programs are being used pursuant to the provisions of the order, including an accounting of licensed quantities. If such verification is not provided within 30 days of Contractor's written request, or if Contractor provides a reasonable basis for asserting that the ordering activity's actual use does not comply with its license for Oracle programs, ordering activities agree to cooperate with Contractor to audit the use of the Oracle programs provided under any order and to provide reasonable assistance and access to infomation to ascertain the ordering activity's actual use. C672Attachment 2, Page 78 of 104 Mythics, Inc. GS-35F-0153M Pg 402 Ordering activities will be responsible for either paying any underpaid fees related to use of Oracle programs or for discontinuing noncompliant use. Contractor may assign its right to audit to Oracle. 5. OTHER a) Export. Export laws and regulations of the United States and any other relevant local export laws and regulations apply to the Oracle programs. The ordering activity agrees that such export control laws govern use of the Oracle programs (including technical data) and any Oracle services deliverables provided pursuant to an order under this contract, and to comply with all such export laws and regulations (including "deemed export" and "deemed re- export" regulations); additional information an be found on Oracle's Global Trade Compliance web site located at http://oracle.com/contracts. The ordering activity agrees that no data, information Oracle program and/or materials resulting from Oracle 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. b) No Assignment of Orders, Licenses Or Services. The ordering activity may not assign orders or give or transfer the Oracle programs and/or any services ordered or an interest in them to another individual or entity. If an ordering activity grants a security interest in the Oracle programs and/or any Oracle services deliverables, the secured party has no right to use or transfer the Oracle programs and/or any Oracle services deliverables, and if an ordering activity decides to lease or finance the acquisition of the Oracle programs and/or any Oracle services, it will follow Oracle's policies regarding financing and leasing which are at http://oracle.com/contracts C) Source Code. Oracle may deliver source code as part of its standard delivery for particular Oracle programs; all source code delivered by Oracle is subject to the terms of the contract, order and documentation. d) Uniform Computer Information Transaction Act. The Uniform Computer Information Transaction Act is not applicable to any order for Oracle programs under the contract. e) Independent Contractor. The contractor is not Oracle's agent. Oracle is not liable for (a) any professional services provided to the ordering activity by the contractor or any third party firm retained by the contractor nor (b) any acts of the contractor or third party firm retained by the contractor. C672Attachment 2, Page 79 of 104 Mythics, Inc. GS-35F-0153M Pg 403 SECTION II TERMS AND CONDITIONS APPLICABLE TO TERM SOFTWARE LICENSES (SPECIAL ITEM NUMBER 132-32), PERPETUAL SOFTWARE LICENSES (SPECIAL ITEM NUMBER 132-33) AND MAINTENANCE (SPECIAL ITEM NUMBER 132-34) OF GENERAL PURPOSECOMMERCIAL INFORMATION TECHNOLOGY SOFTWARE 1. TECHNICAL SUPPORT Maintenance consists of annual technical support services an ordering activity may have ordered for the Oracle programs. If ordered, annual technical support (including first year and all subsequent years) is provided by Oracle under Oracle's technical support policies in effect at the time the services are provided. Oracle's technical support policies, incorporated in this contract, are subject to change at Oracle's discretion; however, Oracle will not materially reduce the level of services provided for supported Oracle programs during the period for which technical support has been ordered. Ordering activities should review Oracle's technical support policies prior to placing orders for the applicable services. Ordering activities may access the current version of Oracle's technical support policies at http://oracle.com/contracts. Technical support is effective upon the effective date of the order unless otherwise stated in the ordering activity's order. Software Update License & Support (or any successor technical support offering to Software Update License & Support, "SULS") acquired with an ordering activity's order may be renewed annually. The order will specify the ordering activity's technical support fee for the first renewal year should the ordering activity renew SULS for the same number of licenses for the same Oracle programs as contained on the original order; the ordering activity’s technical support fee for the second renewal year will not increase by more than 4% over the prior year’s fees. If the ordering activity elects not to purchase technical support at the time that the program licenses are ordered, then the ordering activity will be required to pay reinstatement fees in accordance with Oracle's technical support policy if the ordering activity decides to purchase technical support at a later date. Invoices for technical support services shall be submitted by Contractor on a quarterly basis (unless otherwise specified in the order) after the completion of such period. Technical support services charges for SULS (or any successor technical support offering to SULS) are classified under SIN 132-34 as Software Maintenance as a Service and must be paid in arrears (31 U.S.C. 3324). PROMPT PAYMENT DISCOUNT, IF APPLICABLE, SHALL BE SHOWN ON THE INVOICE. 2. LICENSE GRANT AND UTILIZATION LIMITATIONS - (132-32, 132-33 AND 132-34) a. Software acquisition is limited to commercial computer software defined in FAR Part 2.101. "Programs" includes all programs, software, databases, updates, documentation, media, and technical data licensed, developed and/or delivered to an ordering activity hereunder, all of which shall be deemed to be "commercial items" and "commercial computer software" pursuant to the FAR. Oracle may deliver third party materials specified in the documentation that may only be used for the purposes of installing or operating the Oracle programs with which the third party materials are delivered. b. When acquired by the ordering activity, Oracle programs shall be subject to the following: (1) Title to and ownership of programs shall not pass to the ordering activity or to a third party; title to and ownership of the programs shall remain with Oracle, unless otherwise specified. C672Attachment 2, Page 80 of 104 Mythics, Inc. GS-35F-0153M Pg 404 (2) Oracle programs are licensed by ordering activity. The Oracle programs may be used by any subdivision of the ordering activity (service, bureau, division, command, etc.) that has been licensed to use the Oracle programs, even if the subdivision did not participate in the acquisition of the Oracle programs, provided the terms of the applicable license conditions (including the requisite quantity or metric limitations) are satisfied. Definitions for the licensing metrics and term designation, as well as the licensing rules, are listed in the GSA Offerings section of this Pricelist. (3) Except as is provided in paragraph b (2) above, the ordering activity shall not provide or otherwise make available the Oracle programs, or any portion thereof, in any form, to any third party without the prior written approval of Oracle. Third parties do not include prime contractors, subcontractors and agents of the ordering activity who have the ordering activity's permission to use the licensed Oracle programs and documentation at the facility, and who have agreed to use the licensed Oracle programs and documentation only in accordance with these restrictions. This provision does not limit the right of the ordering activity to use Oracle programs, documentation, or information therein, which the ordering activity may already have or obtains without restrictions. (4) The ordering activity shall have the limited right to use the Oracle programs ordered by it solely for its internal business operations and subject to the terms of this contract and the order, including the definitions and rules set forth in the order and the documentation. An ordering activity may allow its agents and contractors to use the programs for this purpose, subject to the terms of this contract and any order. For Oracle programs that are specfically designed to allow the ordering activity's customers and suppliers to interact with the ordering activity in the furtherance of the ordering activity's internal business operations, such use is permitted under the contract and relevant order. Provided the terms of the applicable Oracle program license conditions (including the requisite quantity or metric limitations) are satisfied, for purposes of disaster recovery, an ordering activity has the right to transfer the Oracle programs acquired hereunder to another site if the ordering activity site for which the Oracle programs are acquired is deemed to be unsafe for ordering activity personnel; to copy the Oracle programs to a backup computer for use when the primary computer is inoperative; and, to copy the Oracle programs for safekeeping (archives) or backup purposes. (5) Program documentation (in the form generally available) is either shipped with the Oracle programs, or an ordering activity may access the documentation online at http://docs.oracle.com (provided for informational purposes only), (6) Oracle retains all ownership and intellectual property rights to the Oracle programs and anything developed by Oracle and delivered to an ordering activity under this contract resulting from technical support services provided hereunder. An ordering activity may make a sufficient number of copies of each Oracle program for its licensed use and one copy of each program media. (7) Oracle may deliver third party technology that may be appropriate or necessary for use with some Oracle programs as specified in the documentation and that such third party technology is licensed to the ordering activity under the terms of the third party technology license agreement specified in the documentation and not under the terms of the contract and relevant order. (8) Ordering activities may not: remove or modify any of the Oracle program markings or any notice of Oracle's proprietary rights; make the Oracle programs, or materials resulting from services provided, available in any manner to any third party for use in the third party's business operations under a rental, timeshare, subscription service, hosting or outsourcing arrangement (unless such access is expressly permitted for the specific Oracle program license or materials from the Oracle services acquired); cause or permit reverse engineering (unless required by law for interoperability), disassembly or decompilation of the Oracle programs; or disclose results of any program benchmark tests without Oracle's prior written consent. 3. SOFTWARE CONVERSIONS - (132-32 AND 132-33) Provided an ordering activity has continuously maintained technical support services for the relevant license set, in the event an ordering activity desires to change the operating system or the computer system on which the Oracle program(s) is running and requires the shipment of new binary software, the ordering activity may acquire the additional set(s) of media packs for the Oracle program(s) for the new operating system or computer system. C672Attachment 2, Page 81 of 104 Mythics, Inc. GS-35F-0153M Pg 405 4. MIGRATIONS A license migration is a means of contractually modifying an ordering activity's previously purchased Oracle program licenses. Any additional terms necessary to effectuate a migration will be contained on the relevant order. 5. TERMINATED LICENSES Upon termination of a program license, the ordering activity is required to discontinue use and destroy or return to the contractor all copies of the programs and program documentation associated with the terminated license. 6. DESCRIPTIONS AND EQUIPMENT COMPATIBILITY A complete description of each Oracle program and a list of equipment on which the Oracle programs can be used, as well as a brief, introductory explanation of the Oracle programs and documentation that are offered are available at www.oracle.com/products/ in Oracle's Software Investment Guide at www.oracle.com/corporate/pricing/, which are referenced for informational purposes only. A complete listing of the Oracle programs and any other purchase minimums available under this contract is provided in the GSA Offering section of this Pricelist. 7. TRIAL PROGRAMS Oracle may include additional Oracle programs with an order that an ordering activity may use for trial, nonproduction purposes only ("trial programs"). Ordering activities may not use the trial programs to provide or attend third party training on the content and/or functionality of the programs. Ordering activities have 30 days from the delivery date to evaluate these trial programs. If an ordering activity decides to use any of these trial programs after the 30-day trial period, it must obtain a license for each Oracle program from Contractor. If an ordering activity decides not to obtain a license for any trial program after the 30-day trial period, it must cease using and delete any such Oracle programs from its computer systems. Trial programs licensed as described herein are provided "as is". Oracle does not provide technical support for trial programs nor does Contractor offer any warranties for trial programs. C672Attachment 2, Page 82 of 104 Mythics, Inc. GS-35F-0153M Pg 406 APPENDIX IV ORACLE AMERICA, INC (Oracle) FOOTNOTES AND DEFINITIONS FOR VM SUPPORT AND LINUX VM Support 1 Footnotes Oracle VM support services are provided at the support level and for the term defined in your order. When ordering Oracle VM support services you must comply with the following availability rules: - Oracle VM Premier Limited support services are available only for systems with no more than 2 physical CPUs per system. - Oracle VM Premier support services are available for systems with any number of physical CPUs per system. Definitions System is defined as the computer on which the Oracle VM–Server programs are installed. Where computers/blades are clustered, each computer/blade within the cluster shall be defined as a system. For purposes of calculating the price of the Oracle VM support services, the computers where the Oracle VM–Manager programs are installed are not counted. Physical CPU is defined as each monolithic integrated circuit responsible for executing a system’s programs. A monolithic integrated circuit with multiple cores or hyperthreading is counted as a single physical CPU when determining the total number of physical CPUs in a system. C672Attachment 2, Page 83 of 104 Mythics, Inc. GS-35F-0153M Pg 407 Linux Footnotes Oracle Linux support services are provided at the support level and for the term defined in your order. When ordering Oracle Linux support services you must comply with the following availability rules: - Oracle Linux Premier Limited and Oracle Linux Basic Limited support services are available only for systems with no more than 2 physical CPUs per system. - Oracle Linux Premier, Oracle Linux Basic and Oracle Linux Network support services are available for systems with any number of physical CPUs per system. Definitions System is defined as the computer on which the Oracle Linux Support programs are installed. Where computers/blades are clustered, each computer/blade within the cluster shall be defined as a system. Physical CPU: is defined as each monolithic integrated circuit responsible for executing a system’s programs. A monolithic integrated circuit with multiple cores or hyperthreading is counted as a single physical CPU when determining the total number of physical CPUs in a system. C672Attachment 2, Page 84 of 104 Mythics, Inc. GS-35F-0153M Pg 408 APPENDIX V ORACLE AMERICA, INC (Oracle) LINUX SUPPORT AND ORACLE VM SUPPORT SUPPLEMENTAL TERMS AND CONDITIONS ORACLE AMERICA INC. (“ORACLE”) IS A FIRST TIER SUBCONTRACTOR UNDER THIS CONTRACT. THESE SUPPLEMENTAL TERMS AND CONDITIONS APPLY TO ORACLE LINUX SUPPORT AND ORACLE VM SUPPORT SERVICES DELIVERED BY ORACLE THAT AN ORDERING ACTIVITY ORDERS FROM THE CONTRACTOR UNDER THE CONTRACT. IF THERE IS ANY INCONSISTENCY BETWEEN THESE SUPPLEMENTAL TERMS AND CONDITIONS AND THE CONTRACT, THE SUPPLEMENTAL TERMS AND CONDITIONS APPLY. INFORMATION FOR ORDERING ACTIVITIES APPLICABLE TO MAINTENANCE (SPECIAL ITEM NUMBER 132-34) OF GENERAL PURPOSE COMMERCIAL INFORMATION TECHNOLOGY SOFTWARE Oracle Enterprise Linux Support and Oracle VM Support Services Terms and Conditions 1. Oracle Linux Support and Oracle VM Support Services Terms and Conditions a. Definitions ii. For the purpose of this APPENDIX V, “services” refers to Oracle Linux and/or Oracle VM support services and other services as defined under Oracle Linux and Oracle VM Support Policies. iii. “covered programs” is defined as the specific set of software products listed on the document titled Oracle Linux and Oracle VM Included Files (available at http://www.oracle.com/support/collateral/enterprise-linux-indemnification.pdf) for which the ordering activity has ordered Oracle Linux and/or Oracle VM support services, including any related program documentation and patches and bug fixes acquired through Oracle Linux and/or Oracle VM support services. iv. “system” is defined as the computer on which the Oracle Linux programs and/or Oracle VM- Server programs are installed. Where computers/blades are clustered, each computer/blade within the cluster shall be defined as a system. (For purposes of calculating the price of the Oracle VM support services, the computers where the Oracle VM-Manager programs are installed are not counted.) v. “supported system” is defined as (i) a system to which the ordering activity intends to apply or have applied services received at the specified service level in the ordering activity’s order including updates, patches, fixes, security alerts, work arounds, configuration, installation assistance (for Oracle VM, supported system includes Oracle VM-Manager) or (ii) a system to which the ordering activity intends to submit or have submitted information to Contractor seeking service at the service level specified in the ordering activity’s order. vi. “physical CPU” is defined as each monolithic integrated circuit responsible for executing a system’s programs. A monolithic integrated circuit with multiple cores or hyperthreading is counted as a single physical CPU when determining the total number of physical CPUs in a system. vii. “term” is defined as the duration for which the ordering activity has acquired services. C672Attachment 2, Page 85 of 104 Mythics, Inc. GS-35F-0153M Pg 409 b. Oracle Linux and Oracle VM Support Services i. The services consist of support services provided at a support level and for a term identified in an ordering activity’s order. ii. When ordering Oracle Linux and/or Oracle VM support services, the following availability rules apply: a. Oracle Linux Premier Limited, Oracle Linux Basic Limited, and Oracle VM Premier Limited support services are available only for systems with no more than 2 physical CPUs per system. b. Oracle Linux Premier, Oracle Linux Basic, Oracle Linux Network, and Oracle VM Premier support services are available for system with any number of physical CPUs per system. iii. Upon acceptance of an ordering activity’s order, the ordering activity will have the limited right to receive the services solely for its internal business operations and subject to the terms of this contract and any order. The services (including first year and all subsequent years) are provided by Oracle under Oracle Linux and Oracle VM Support Policies in effect at the time the services are provided. The Oracle Linux and Oracle VM Support Policies, which are incorporated in this contract, are subject to change at Oracle’s discretion. However, Oracle will not materially reduce the level of services provided during the period for which fees for the services have been paid. Oracle Linux and/or Oracle VM support is available for certain systems, and may be subject to additional restrictions as set forth in the policies. An ordering activity should review the policies prior to entering into an order for the applicable services. An ordering activity may access the current version of the Oracle Linux and Oracle VM Support Policies at http://www.oracle.com/support/collateral/enterprise-linux-support- policies.pdf. iv. The services are effective upon the effective date of the ordering activity’s order unless otherwise stated in such order. v. The services ordered by an ordering activity are in support of licenses that the ordering activity acquired separately. Patches, bug fixes and other code received as part of the Oracle Linux and/or Oracle VM support services that an ordering activity orders shall be provided under the terms of the appropriate license agreement that the ordering activity accepted upon downloading and/or installing the Oracle Linux and/or Oracle VM program(s). c. Protection in Event of Infringement Provided the ordering activity is a current subscriber to the services, if a third party makes a claim against the ordering activity that any covered programs furnished by Oracle (“material” or “materials”), and used by the ordering activity for the ordering activity’s business operations infringes its intellectual property rights, Oracle, at its sole cost and expense, will defend the ordering activity against the claim and indemnify the ordering activity from the damages, liabilities, costs and expenses awarded by the court to the third party claiming infringement or the settlement agreed to by Oracle, if the ordering activity does the following: i Notifies Oracle promptly in writing, not later than 30 days after the ordering activity receives notice of the claim (or sooner if required by applicable law); ii Gives Oracle sole control of the defense and any settlement negotiations; and iii Gives Oracle the information, authority, and assistance it needs to defend against or settle the claim. If Oracle believes or it is determined that any of the material may have violated a third party’s intellectual property rights, Oracle may choose to either modify the material to be non-infringing (while substantially preserving its utility or functionality) or obtain a license to allow for continued use, or if these alternatives are not commercially reasonable, then Oracle may, upon 30 days notice to the C672Attachment 2, Page 86 of 104 Mythics, Inc. GS-35F-0153M Pg 410 ordering activity, terminate the ordering activity’s further use of the materials specified. Notwithstanding the above, Oracle will not defend or indemnify ordering activity in connection with claims, damages, liabilities, costs or expenses arising out of, or caused by, or caused by, or related to: (a) ordering activity’s distribution of the material; (b) ordering activity’s alteration of the material; (c) ordering activity’s use of a version of the material which has been superseded, if the infringement claim could have been avoided by using the current version of the material; (d) ordering activity’s use of the material outside the scope of use identified in the user documentation or the Oracle Linux and Oracle VM Support Policies; (e) ordering activity’s use of the material when ordering activity was not a subscriber to the services; (f) any information, design, specification, instruction, software, data, or material not furnished by Oracle; (g) the combination of any material with any products or services not provide by Oracle; (h) ordering activity’s claim, lawsuit, or action against a third party. Oracle will not indemnify the ordering activity for materials that are not part of the Oracle Linux and Oracle VM covered files as defined at http://www.oracle.com/support/collateral/enterprise-linux- indemnification.pdf. This section provides the ordering activity’s exclusive remedy for any infringement claims or damages, liabilities, costs or expenses. d. Other Unless otherwise agreed in an order, upon Contractor’s written request, no more frequently than annually, ordering activity shall perform an internal audit to verify use of the services. Ordering activity will furnish Contractor with a signed certification by an authorized representative of the ordering activity that the services are being used pursuant to the provisions of the order. If such verification is not provided within 30 days of Contractor’s written request, or if Contractor provides a reasonable basis for asserting that the ordering activity’s use of the services is in excess of the ordering activity’s service rights, ordering activity agrees to cooperate with Contractor to audit the use of the services under any order activity’s actual use. Ordering activity will be responsible for either paying any underpaid fees related to use of the services or for discontinuing non-compliant use. Contractor may assign its right to audit to Oracle. C672Attachment 2, Page 87 of 104 Mythics, Inc. GS-35F-0153M Pg 411 APPENDIX VI EXADATA SUPPLEMENTAL TERMS AND CONDITIONS ORACLE AMERICA, INC. (“ORACLE”) IS A FIRST TIER SUBCONTRACTOR UNDER THIS CONTRACT. THESE SUPPLEMENTAL TERMS AND CONDITONS APPLY TO ORACLE EXADATA HARDWARE, HARDWARE SUPPORT SERVICES, PROGRAMS AND PROGRAM SUPPORT SERVICES DELIVERED BY ORACLE THAT AN ORDERING ACTIVITY ORDERS FROM THE CONTRACTOR UNDER THE CONTRACT. IF THERE IS ANY INCONSISTENCY BETWEEN THESE SUPPLEMENTAL TERMS AND CONDITIONS AND THE CONTRACT, THE SUPPLEMENTAL TERMS AND CONDITONS APPLY. A. SUN EXADATA STORAGE SERVER HARDWARE (THE “EXADATA SERVER”) 1) Exadata Server Composition The Exadata Server consists of the following components: Enterprise Linux software, Sun hardware (“Sun Hardware”) and Sun software (“Sun Software”). Each component has specific terms and conditions governing its use as listed below. The Exadata Server shall be installed in the country that the ordering activity specifies as the delivery location in the ordering activity’s order with Contractor. 2) Enterprise Linux Specific Terms The Enterprise Linux software is licensed pursuant to the Terms for Enterprise Linux incorporated into these Exadata Supplemental Terms and Conditions as Exhibit A. For GPLv2, LGPLv2.1, GPLv3 and LGPLv3 licensed code the ordering activity received as binaries on physical media, if the ordering activity would like to receive a copy of the source code on media via postal service, submit a written request to Oracle Corporation, Attn: Vice President of Linux Engineering, 500 Oracle Parkway, Redwood Shores, CA 94065. The ordering activity’s request should include the name and version number of the product, its name, company name (if applicable), its return mailing address, and its email address. Certain source distributions require a fee for physical media. Should this be the case, the ordering activity will be sent details on the cost and payment procedure via email. The ordering activity’s request must be sent within three (3) years of the date of Oracle’s last delivery of the product. This offer only applies if the ordering activity received its Enterprise Linux software on physical media. The ordering activity may also download a copy of the source code at http://oss.oracle.com/el5/. Additionally, copies of the source code are included with the purchase of Oracle Enterprise Linux media pack from the Oracle Store (http://shop.oracle.com). 3) Sun Hardware and Sun Software Terms a. Applicable Terms The Sun Hardware and the Sun Software are subject to the terms of this contract, including these Oracle Exadata Supplemental Terms and Conditions and the Oracle Supplemental Terms and Conditions (v093009 r1), which are incorporated into these Exadata Supplemental Terms and Conditions as Exhibit C. If there is a direct conflict between a term in the Exadata Supplemental Terms and Conditions and a term of the contract with respect to the subject matter of any Exadata Supplemental Term, the term of these Exadata Supplemental Terms shall prevail. If there is a direct conflict between a term in these Exadata Supplemental Terms and a term in the Oracle Supplemental Terms and Conditions (v093009 r 1) with respect to the subject matter of an Exadata Supplemental Term, the term in these Exadata Supplemental Terms shall prevail. b. Additional Terms The Sun Hardware is delivered with the Sun Software, which consists of certain software agents for the Sun Hardware. C672Attachment 2, Page 88 of 104 Mythics, Inc. GS-35F-0153M Pg 412 i The ordering activity is licensed to use the Sun Software embedded in the Sun Hardware only as incorporated in, and as part of, the Exadata Server. ii. The ordering activity has the non-exclusive, royalty free, limited right to use the Sun Software for the ordering activity’s internal business operations subject to the terms of the order with the Contractor and the Sun Software documentation. iii. The Sun Software may include separate works, identified in a readme or documentation, which are licensed under open source or similar license terms; the ordering activity’s rights to use the Sun Software under such terms are not restricted in any way by the order with the Contractor. The appropriate terms associated with such separate works can be found in the documentation accompanying such Sun Software. iv. For GPLv2, LGPLv2.1, GPLv3 and LGPLv3 licensed code received by the ordering activity as binaries on physical media, if the ordering activity would like to receive a copy of the source code (“source code”) on media via postal service, the ordering activity may submit a written request at http://www.sun.com/secure/contact/cer.jsp?id=72f66da5-1fdc-4371-99f1- 996d40226f43. Alternatively, the ordering activity can mail its written request to Oracle Corporation, Attn: VP of Legal, Development and Engineering, 500 Oracle Parkway, MS-5OP7, Redwood Shores, CA 94065. The ordering activity’s request should include the name and version number of the product, its name, its company name (if applicable), its return mailing address, and its email address. Certain source distributions require a fee for physical media. Should this be the case, the ordering activity will be sent details on the cost and payment procedure via email. The ordering activity’s request must be sent within three (3) years of the date of Oracle’s last delivery of the product. This offer only applies if the ordering activity received its Sun Software on physical media. v. Updates to the Sun Software may be provided from time to time at Oracle’s discretion; these may be delivered to the ordering activity electronically. vi. The ordering activity may only make copies of the Sun Software for archival purposes, to replace a defective copy, or for program verification. The ordering activity shall not remove any copyright notices or labels on the Sun Software. The ordering activity shall not decompile or reverse engineer the Sun Software. c. Use Restriction The Sun Hardware and the Sun Software are not specifically designed, manufactured, or intended for use as parts, components, or assemblies for the planning, construction, maintenance, or operation of a nuclear facility. Use of the Sun Hardware and/or the Sun Software for these purposes is prohibited. d. Warranty Services i. Oracle provides a limited warranty for the Sun Hardware, including the Sun Software media. Oracle warrants that the Sun hardware will be free from material defects in materials and workmanship for one year from the date the Sun Hardware is shipped to the ordering activity. Oracle warrants that the Sun Software media will be free from material defects in materials and workmanship for a period of 90 days from the date the Sun Software media is shipped to the ordering activity. ORACLE DOES NOT WARRANT UNINTERRUPTED OR ERROR-FREE OPERATION OF THE SUN HARDWARE. The details of this limited hardware warranty are provided at http://www.oracle.com/support/policies.html (“the warranty web page”). Any changes to the hardware warranty details specified on the warranty web page will not apply to Sun Hardware ordered prior to such change. C672Attachment 2, Page 89 of 104 Mythics, Inc. GS-35F-0153M Pg 413 ii. THE ORDERING ACTIVITY’S SOLE AND EXCLUSIVE REMEDY AND ORACLE’S ENTIRE LIABILITY FOR BREACH OF THE ABOVE WARRANTY WILL BE THE REPAIR OR, AT ORACLE’S OPTION AND EXPENSE, REPLACEMENT OF THE DEFECTIVE PRODUCT, OR, IF SUCH REPAIR OR REPLACEMENT IS NOT REASONABLY ACHIEVABLE, THE REFUND OF THE PURCHASE PRICE. EXCEPT TO THE EXTENT PROHIBITED BY LAW, ALL EXPRESS OR IMPLIED CONDITIONS, REPRESENTATIONS AND WARRANTIES, INCLUDING ANY IMPLIED WARRANTY OR CONDITION OF MERCHANTABILIITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT, ARE HEREBY EXCLUDED. NEITHER PARTY WILL BE LIABLE FOR ANY INDIRECT, PUNITIVE, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES IN CONNECTION WITH OR ARISING OUT OF THIS WARRANTY (INCLUDING, WITHOUT LIMITATION, LOSS OF BUSINESS, REVENUE, PROFITS, GOODWILL, USE DATA, ELECTRONICALLY TRANSMITTED ORDERS, OR OTHER ECONOMIC ADVANTAGE), HOWEVER THEY ARISE, WHETHER IN BREACH OF CONTRACT, BREACH OF WARRANTY OR IN TORT, INCLUDING NEGLIGENCE, AND EVEN IF THAT PARTY HAS PREVIOUSLY BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. LIABILITY FOR DAMAGES WILL BE LIMITED AND EXCLUDED, EVEN IF ANY EXCLUSIVE REMEDY PROVIDED FOR FAILS OF ITS ESSENTIAL PURPOSE. SOME STATE AND JURISDICTIONS DO NOT ALLOW LIMITATIONS ON CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO THE ORDERING ACTIVITY. Parts or components which are replaced under the applicable warranty may not be new. Title in all defective parts which are removed from the Sun Hardware under applicable warranty shall transfer back to Oracle. iii. No warranty will apply to the Sun Hardware or to the Sun Software media which has been: a. modified, altered or adapted without Oracle’s written consent (including modification by removal of the Oracle/Sun serial number tag on the Sun Hardware); b. maltreated or used in a manner other than in accordance with the relevant documentation; c. repaired by any third party in a manner which fails to meet Oracle’s quality standards; d. improperly installed by any party other than Oracle or an authorized Oracle certified installation partner; e. used with equipment or software not covered by the warranty, to the extent that the problems are attributable to such use; f. relocated without Oracle’s written consent, to the extent that problems are attributable to such relocation; g. used directly or indirectly in supporting activities prohibited by U.S. or other national export regulations; h. used by parties appearing on the most current U.S. export exclusion list; i. relocated to countries subject to U.S. trade embargo or restrictions; j. used remotely to facilitate any activities in the countries referenced in (i) above; or k. purchased from any entity other than Oracle or an Oracle authorized reseller. e. Oracle Hardware and Systems Support If ordered, Oracle Hardware and Systems Support (including first year and all subsequent years) is provided under Oracle’s Hardware and System Support Policies in effect at the time the services are provided and such support is provided only for the ordering activity’s internal use; consequently, the ordering activity may not, directly or indirectly, resell, rent, lease, or transfer any services. The ordering activity agrees to cooperate with Oracle and provide the access, resources, materials, personnel, information, and consents that Oracle may require in order to perform the services. The Oracle Hardware and System Support Policies, incorporated in these Supplemental Terms, are subject C672Attachment 2, Page 90 of 104 Mythics, Inc. GS-35F-0153M Pg 414 to change at Oracle’s discretion; however, Oracle will not materially reduce the level of services provided during the period for which Oracle Hardware and Systems Support has been ordered. The ordering activity should review the policies prior to executing an order for Oracle Hardware and Systems Support. The ordering activity may access the current version of the Hardware and System Support Policies at http://www.oracle.com/support/policies.html. f. Additional Services A description of Oracle’s Customer Data and Device Retention service and/or Oracle’s System Installation service is incorporated into these Exadata Supplemental Terms and Conditions as Exhibit B. 4) Additional Programs Oracle may include additional programs on the Exadata Server (e.g., Oracle Exadata Storage Server Software). The ordering activity is not authorized to use these programs unless it has a license specifically granting the ordering activity the right to use these programs; however, an ordering activity may use these programs for trial, non-production purposes only (“trial programs”). The ordering activity may not use the trial programs to provide or attend third party training on the content and/or functionality of the programs. The ordering activity has 30 days from the delivery date to evaluate these trial programs. If an ordering activity decides to use any of these trial programs after the 30-day trial period, it must obtain a license for each Oracle program. If an ordering activity decides not to obtain a license for any trial program after the 30-day trial period, it must cease using and delete any such Oracle programs from its computer systems. Trial programs licensed as described herein are provided “as is”. Oracle does not provide technical support for trial programs nor offer any warranties for trial programs. 5) Segmentation The purchase of the Exadata Server under an order with Contractor is offered separately from any proposal for other consulting services or any order for program licenses and/or technical support services the ordering activity may receive or have received from Oracle and does not require the ordering activity to purchase Oracle consulting services, technical support services or program licenses. 6) Transfer of Title Title will transfer upon delivery of the Exadata Server. B. SUN ORACLE DATABASE MACHINE FULL RACK / HALF RACK/ QUARTER RACK/ BASIC SYSTEM HARDWARE (THE “DATABASE MACHINE”) WITH INSTALLATION AND CONFIGURATION SERVICES 1) Database Machine Composition The Database Machine consists of the following components: Enterprise Linux software, Sun hardware (“Sun Hardware”) and Sun software (“Sun Software”). Each component has specific terms and conditions governing its use as described below. The Database Machine shall be installed in the country that the ordering activity specifies as the delivery location in the ordering activity’s order with Contractor. 2) Enterprise Linux Specific Terms The Enterprise Linux software is licensed pursuant to the Terms for Enterprise Linux incorporated into these Exadata Supplemental Terms and Conditions as Exhibit A. For GPLv2, LGPLv2.1, GPLv3 and LGPLv3 licensed code the ordering activity received as binaries on physical media, if the ordering activity would like to receive a copy of the source code on media via postal service, submit a written request to Oracle Corporation, Attn: Vice President of Linux Engineering, 500 C672Attachment 2, Page 91 of 104 Mythics, Inc. GS-35F-0153M Pg 415 Oracle Parkway, Redwood Shores, CA 94065. The ordering activity’s request should include the name and version number of the product, its name, company name (if applicable), its return mailing address, and its email address. Certain source distributions require a fee for physical media. Should this be the case, the ordering activity will be sent details on the cost and payment procedure via email. The ordering activity’s request must be sent within three (3) years of the date of Oracle’s last delivery of the product. This offer only applies if the ordering activity received its Enterprise Linux software on physical media. The ordering activity may also download a copy of the source code at http://oss.oracle.com/el5/. Additionally, copies of the source code are included with the purchase of Oracle Enterprise Linux media pack from the Oracle Store (http://shop.oracle.com). 3) Sun Hardware and Sun Software Terms a. Applicable Terms The Sun Hardware and the Sun Software are subject to the terms of the contract, these Oracle Exadata Supplemental Terms and Conditions and the Oracle Supplemental Terms and Conditions (v093009 r1), which are incorporated into these Exadata Supplemental Terms and Conditions as Exhibit C. If there is a direct conflict between a term in these Exadata Supplemental Terms and a term of the contract with respect to the subject matter of any Exadata Supplemental Term, the term of these Exadata Supplemental Terms shall prevail. If there is a direct conflict between a term in these Exadata Supplemental Terms and a term in the Oracle Supplemental Terms and Conditions (v093009 r 1) with respect to the subject matter of an Exadata Supplemental Term, the term in these Exadata Supplemental Terms shall prevail. b. Site Requirements The ordering activity acknowledges that to operate the Database Machine, the ordering activity’s facility must meet a minimum set of requirements as described in the Sun Oracle Database Machine Owner’s Guide, Site Requirements for Sun Oracle Database Machine (“Site Requirements”). Such Site Requirements may change from time to time, as communicated by Oracle to the ordering activity in the applicable Sun hardware documentation. c. Additional Terms The Sun Hardware is delivered with the Sun Software, which consists of certain software agents for the Sun Hardware. i. The ordering activity is licensed to use the Sun Software embedded in the Sun Hardware only as incorporated in, and as part of, the Database Machine. ii. The ordering activity has the non-exclusive, royalty free, limited right to use the Sun Software for its internal business operations subject to the terms of the order with the Contractor and the Sun Software documentation. iii. The Sun Software may include separate works, identified in a readme or documentation, which are licensed under open source or similar license terms; the ordering activity’s rights to use the Sun Software under such terms are not restricted in any way by the order with the Contractor. The appropriate terms associated with such separate works can be found in the documentation accompanying such Sun Software. For GPLv2, LGPLv2.1, GPLv3 and LGPLv3 licensed code received by the ordering activity as binaries on physical media, if the ordering activity would like to receive a copy of the source code (“source code”) on media via postal service, the ordering activity may submit written request at <http://www.sun.com/secure/contact/cer.jsp?id=72f66da5-1fdc-4371-99f1-996d40226f43>. Alternatively, the ordering activity can mail its written request to Oracle Corporation, Attn: VP of Legal, Development and Engineering, 500 Oracle Parkway, MS-5OP7, Redwood Shores, CA 94065. The ordering activity’s request should include the name and version number of the product, its name, its company name (if applicable), its return mailing address, and its email address. Certain C672Attachment 2, Page 92 of 104 Mythics, Inc. GS-35F-0153M Pg 416 source distributions require a fee for physical media. Should this be the case, the ordering activity will be sent details on the cost and payment procedure via email. The ordering activity’s request must be sent within three (3) years of the date of Oracle’s last delivery of the product. This offer only applies if the ordering activity received its Sun Software on physical media. iv. Updates to the Sun Software may be provided from time to time at Oracle’s discretion; these may be delivered to the ordering activity electronically. v. The ordering activity may only make copies of the Sun Software for archival purposes, to replace a defective copy, or for program verification. The ordering activity shall not remove any copyright notices or labels on the Sun Software. The ordering activity shall not decompile or reverse engineer the Sun Software. d. Use Restriction The Sun Hardware and the Sun Software are not specifically designed, manufactured, or intended for use as parts, components, or assemblies for the planning, construction, maintenance, or operation of a nuclear facility. Use of the Sun Hardware and/or Sun Software for these purposes is prohibited. e. Warranty Services i. Oracle provides a limited warranty for the Sun Hardware, including the Sun Software media. Oracle warrants that the Sun hardware will be free from material defects in materials and workmanship for one year from the date the Sun Hardware is shipped to the ordering activity. Oracle warrants that the Sun Software media will be free from material defects in materials and workmanship for a period of 90 days from the date the Sun Software media is shipped to the ordering activity. ORACLE DOES NOT WARRANT UNINTERRUPTED OR ERROR-FREE OPERATION OF THE SUN HARDWARE. The details of this limited warranty are provided at http://www.oracle.com/support /policies.html (“the warranty web page”). Any changes to the hardware warranty details specified on the warranty web page will not apply to Sun Hardware ordered prior to such change. ii. THE ORDERING ACTIVITY’S SOLE AND EXCLUSIVE REMEDY AND ORACLE’S ENTIRE LIABILITY FOR BREACH OF THE ABOVE WARRANTY WILL BE THE REPAIR OR, AT ORACLE’S OPTION AND EXPENSE, REPLACEMENT OF THE DEFECTIVE PRODUCT, OR, IF SUCH REPAIR OR REPLACEMENT IS NOT REASONABLY ACHIEVABLE, THE REFUND OF THE PURCHASE PRICE. EXCEPT TO THE EXTENT PROHIBITED BY LAW, ALL EXPRESS OR IMPLIED CONDITIONS, REPRESENTATIONS AND WARRANTIES, INCLUDING ANY IMPLIED WARRANTY OR CONDITION OF MERCHANTABILIITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE AND NON- INFRINGEMENT, ARE HEREBY EXCLUDED TO THE MAXIMUM EXTENT PERMITTED BY LAW. NEITHER PARTY WILL BE LIABLE FOR ANY INDIRECT, PUNITIVE, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES IN CONNECTION WITH OR ARISING OUT OF THIS WARRANTY (INCLUDING, WITHOUT LIMITATION, LOSS OF BUSINESS, REVENUE, PROFITS, GOODWILL, USE DATA, ELECTRONICALLY TRANSMITTED ORDERS, OR OTHER ECONOMIC ADVANTAGE), HOWEVER THEY ARISE, WHETHER IN BREACH OF CONTRACT, BREACH OF WARRANTY OR IN TORT, INCLUDING NEGLIGENCE, AND EVEN IF THAT PARTY HAS PREVIOUSLY BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. LIABILITY FOR DAMAGES WILL BE LIMITED AND EXCLUDED, EVEN IF ANY EXCLUSIVE REMEDY PROVIDED FOR FAILS OF ITS ESSENTIAL PURPOSE. SOME STATE AND LOCAL JURISDICTIONS DO NOT ALLOW LIMITATIONS UPON CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO THE ORDERING ACTIVITY. C672Attachment 2, Page 93 of 104 Mythics, Inc. GS-35F-0153M Pg 417 Parts or components which are replaced under the applicable warranty may not be new. Title in all defective parts which are removed from the Sun Hardware under applicable warranty shall transfer back to Oracle. iii. No warranty will apply to the Sun Hardware or to the Sun Software media which has been: a. modified, altered or adapted without Oracle’s written consent (including modification by removal of the Oracle/Sun serial number tag on the Sun Hardware); b. maltreated or used in a manner other than in accordance with the relevant documentation; c. repaired by any third party in a manner which fails to meet Oracle’s quality standards; d. improperly installed by any party other than Oracle or an authorized Oracle certified installation partner; e. used with equipment or software not covered by the warranty, to the extent that the problems are attributable to such use; f. relocated without Oracle’s written consent, to the extent that problems are attributable to such relocation; g. used directly or indirectly in supporting activities prohibited by U.S. or other national export regulations; h. used by parties appearing on the most current U.S. export exclusion list; i. relocated to countries subject to U.S. trade embargo or restrictions; j. used remotely to facilitate any activities in the countries referenced in (i) above; or k. purchased from any entity other than Oracle or an Oracle authorized reseller. f. Oracle Hardware and Systems Support If ordered, Oracle Hardware and Systems Support (including first year and all subsequent years) is provided under Oracle’s Hardware and System Support Policies in effect at the time the services are provided and such support is provided only for the ordering activity’s internal use; consequently, the ordering activity may not, directly or indirectly, resell, rent, lease, or transfer any services. The ordering activity agrees to cooperate with Oracle and provide the access, resources, materials, personnel, information, and consents that Oracle may require in order to perform the services. The Oracle Hardware and System Support Policies, incorporated in this contract, are subject to change at Oracle’s discretion; however, Oracle will not materially reduce the level of services provided during the period for which Oracle Hardware and Systems Support has been ordered. The ordering activity should review the policies prior to entering into this ordering document. The ordering activity may access the current version of the Hardware and System Support Policies at http://www.oracle.com/support/policies.html. g. Additional Services A description of Oracle’s Customer Data and Device Retention service and/or Oracle’s System Installation service is incorporated into these Exadata Supplemental Terms and Conditions as Exhibit B. 4) Additional Programs Oracle may include additional programs on the Database Machine (e.g., Oracle Exadata Storage Server Software). The ordering activity is not authorized to use these programs unless it has a license specifically granting the ordering activity the right to use these programs; however, an ordering activity may use these programs for trial, non-production purposes only (“trial programs”). The ordering activity may not use the trial programs to provide or attend third party training on the content and/or functionality of the programs. The ordering activity has 30 days from the delivery date to evaluate these trial programs. If an ordering activity decides to use any of these trial programs after the 30-day trial period, it must obtain a license for each Oracle program. If an ordering activity decides not to obtain a license for any trial program after the 30-day trial period, it must cease using and delete any such Oracle programs from its computer systems. Trial programs licensed as described herein are provided “as is”. Oracle does not provide technical support for trial programs nor offer any warranties for trial programs. C672Attachment 2, Page 94 of 104 Mythics, Inc. GS-35F-0153M Pg 418 5) Segmentation The purchase of the Database Machine under an order with Contractor is offered separately from any proposal for consulting services or any order for program licenses and/or technical support services the ordering activity may receive or have received from Oracle and does not require the ordering activity to purchase Oracle consulting services, technical support services or program licenses. 6) Transfer of Title Title will transfer upon delivery of the Database Machine. C672Attachment 2, Page 95 of 104 Mythics, Inc. GS-35F-0153M Pg 419 EXHIBIT A TERMS FOR ENTERPRISE LINUX "We," "us," "our" and "Oracle" refers to Oracle America, Inc. "You" and "your" refers to the ordering activity that has acquired the Enterprise Linux programs. "Enterprise Linux programs" refers to the Linux software product which is installed on the Sun Hardware you have ordered and related program documentation. "License" refers to your right to use the Enterprise Linux programs under the Terms for Enterprise Linux (the "Agreement") referenced herein. We are willing to provide a copy of the Enterprise Linux programs to you only upon the condition that you accept all of the terms contained in this Agreement. 1. Grant of Licenses to the Enterprise Linux programs. Subject to the terms of this Agreement, Oracle America, Inc. ("Oracle") grants to the user ("Customer") a license to the "Enterprise Linux programs" under the GNU General Public License version 2. The Enterprise Linux programs contain many Enterprise Linux program components developed by Oracle and various third parties. The license for each component is located in the documentation, which may be delivered with the Enterprise Linux programs or accessed online at http://oss.oracle.com/linux/legal/oracle-list.html and/or in the component’s source code. This Agreement does not limit, supersede or modify your rights under the license associated with an individual component. 2. Licenses to Additional Enterprise Linux programs. Certain third party technology (collectively the "Additional Enterprise Linux programs") may be included on the same medium or as part of the download of Enterprise Linux programs you receive, but is not part of the Enterprise Linux program. Each Additional Enterprise Linux program is licensed solely under the terms of the Mozilla Public License, Apache License, Common Public License, GNU Lesser General Public License, Netscape Public License or similar license (collectively, the "Additional Enterprise Linux Programs Licenses") that is included with the relevant Additional Enterprise Linux programs and the associated documentation. 3. Ownership. The Enterprise Linux programs and their components and the Additional Enterprise Linux programs are owned by Oracle or the relevant third party. Subject to the licenses granted and/or referenced herein, title to the Enterprise Linux programs and their components and the Additional Enterprise Linux programs remains with Oracle and/or the third party. 4. Trademark License. You are permitted to distribute unmodified Enterprise Linux programs or unmodified Additional Enterprise Linux programs without removing the trademark(s) owned by Oracle or its affiliates that are included in the unmodified Enterprise Linux programs or unmodified Additional Enterprise Linux programs (the “Oracle Enterprise Linux trademarks”). You may only distribute modified Enterprise Linux programs or modified Additional Enterprise Linux programs if you remove relevant images containing the Oracle Enterprise Linux trademarks. Certain files, identified as http://oss.oracle.com/linux/legal/pkg- list.html <http://oss.oracle.com/linux/legal/oracle-list.html>, include such trademarks. Do not delete these files, as deletion may corrupt the Enterprise Linux programs or Additional Enterprise Linux programs. You are not granted any other rights to Oracle Enterprise Linux trademarks, and you acknowledge that you shall not gain any proprietary interest in the Oracle Enterprise Linux trademarks. All goodwill arising out of use of the Oracle Enterprise Linux trademarks shall inure to the benefit of Oracle or its affiliates. You may not use any trademarks owned by Oracle or its affiliates (including "ORACLE") or potentially confusing variations (such as, "ORA") as a part of your logo(s), product name(s), service name(s), company name, or domain name(s) even if such products, services or domains include, or are related to, the Enterprise Linux programs or Additional Enterprise Linux programs. 5. Limited Warranty. THE ENTERPRISE LINUX PROGRAMS AND ADDITIONAL ENTERPRISE LINUX PROGRAMS ARE PROVIDED "AS IS”WITHOUT WARRANTY OF ANY KIND. WE FURTHER DISCLAIM ALL WARRANTIES, EXPRESS AND IMPLIED, INCLUDING WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. C672Attachment 2, Page 96 of 104 Mythics, Inc. GS-35F-0153M Pg 420 6. Limitation of Liability. IN NO EVENT SHALL WE BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES, OR DAMAGES FOR LOSS OF PROFITS, REVENUE, DATA OR DATA USE, INCURRED BY YOU OR ANY THIRD PARTY, WHETHER IN AN ACTION IN CONTRACT OR TORT, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. OUR ENTIRE LIABILITY FOR DAMAGES HEREUNDER SHALL IN NO EVENT EXCEED ONE HUNDRED DOLLARS (U.S.). 7. No Technical Support. Our technical support organization will not provide technical support, phone support, or updates to you for the materials licensed under this Agreement. Technical support, if available, may be acquired from Oracle or its affiliates under a separate agreement. 8. Relationship Between the Parties. The relationship between you and us is that of licensee/licensor. Neither party will represent that it has any authority to assume or create any obligation, express or implied, on behalf of the other party, nor to represent the other party as agent, employee, franchisee, or in any other capacity. Nothing in this Agreement shall be construed to limit either party's right to independently develop or distribute Enterprise Linux programs that is functionally similar to the other party's products, so long as proprietary information of the other party is not included in such Enterprise Linux programs. 9. Entire Agreement. You agree that this Agreement is the complete Agreement for the Enterprise Linux programs, Additional Enterprise Linux programs and licenses, and this Agreement supersedes all prior or contemporaneous Agreements or representations. If any term of this Agreement is found to be invalid or unenforceable, the remaining provisions will remain effective. Neither the Uniform Computer Information Transactions Act nor the United Nations Convention on the International Sale of Goods applies to this agreement. C672Attachment 2, Page 97 of 104 Mythics, Inc. GS-35F-0153M Pg 421 EXHIBIT B ADDITIONAL SERVICES Oracle Customer Data and Device Retention Service The Customer Data and Device Retention Service is subject to the terms and conditions of the contract. For purposes of this exhibit, “you” and “your” shall have the same meaning as ordering activity. The Customer Data and Device Retention Service permits you to retain and destroy disk drive(s) and/or part(s) (respectively, “Disk Drives” and “Parts”) that may contain sensitive, confidential, or classified data that have been removed from the Sun Hardware as described below. If Oracle, in its sole discretion, determines that Disk Drives need to be replaced, Oracle will replace them with Oracle authorized replacement Disk Drives as provided under your limited warranty or technical support services for the Sun Hardware. You may retain the replaced Disk Drive. If Oracle in its sole discretion, determines that Parts need to be replaced, Oracle will replace them with Oracle authorized replacement Parts under your limited warranty or technical support services for the Sun Hardware, whichever is applicable. You may retain any replaced Parts, however, Oracle Service will take back any Parts that do not contain sensitive, confidential, or classified data as set forth in Oracle’s Letter of Volatility which will be provided to you upon your request. You agree to provide access to your facilities, systems and operating environment, including root access. You further agree to provide access to your personnel, including IT and operational staff. You will supply the name, email address, and telephone number of an employee assigned to act as the designated point of contact for purposes of this Customer Data and Device Retention Service. You are solely responsible for the proper disposal/destruction of replaced Disk Drive(s) and/or Part(s) in compliance with all applicable laws and regulations. If a notification is released about a hardware product update that requires reactive replacement (i.e., replace on failure) of a Disk Drive or Part (“Reactive FCO”), you may, as provided above, retain replaced Disk Drives or Parts that have been removed and replaced under such Reactive FCO. If a notification is released about a hardware product update that requires proactive replacement (i.e., replace as soon as possible) of a Disk Drive or Part (“Proactive FCO”), your entitlement to retain such replaced Disk Drives or Parts that require Disk Drive or Part replacement under a Proactive FCO will be addressed by Oracle in its sole discretion on a case by case basis. Oracle System Installation Service The Oracle System Installation Service is subject to the terms and conditions of the contract. Oracle will perform the following services to install and configure your Database Machine at your delivery location: a. Site and Installation Planning b. Installation and Configuration of Sun Hardware and Sun Software c. Power-on Sun Hardware d. Bring-up Operating System on Sun Hardware e. Installation Verification f. Verification of Firmware Levels g. Physical Connection to your Network h. Deliver Build Diagrams and Bill of Materials Oracle ACS Database Machine Configuration Service C672Attachment 2, Page 98 of 104 Mythics, Inc. GS-35F-0153M Pg 422 The Oracle ACS Database Machine Configuration Service is subject to the terms and conditions of the contract. Oracle will perform the following services to install and configure the licensed Oracle Database and Database options (if licensed) at your delivery location: a. Configure Exadata Storage Servers  Configure logins and network addresses  Create a cell, cell disks, and grid disks  Set up configuration files for a database server host  Configure shared storage to support Oracle Real Application Clusters b. Install licensed Oracle Database and Database options (if licensed) and Configure Database Servers  Configure logins and network addresses  Install Oracle Database including ASM and CRS  Install any required Database patches  Create an ASM disk group for Oracle Exadata Storage Server Software  Create default Oracle database c. Post-Installation Tasks  Run configuration verification tests  Document configuration and maintenance procedures d.  Run configuration verification tests  Document configuration and maintenance procedures C672Attachment 2, Page 99 of 104 Mythics, Inc. GS-35F-0153M Pg 423 EXHIBIT C SUPPLEMENTAL TERMS AND CONDITIONS (V093009 R1) ORACLE AMERICA, INC. ("ORACLE") IS A FIRST TIER SUBCONTRACTOR UNDER THIS CONTRACT. THESE SUPPLEMENTAL TERMS AND COND1TIONS APPLY TO ALL ORACLE PROGRAMS AND ALL ORACLE SERVICES DELIVERED BY ORACLE THAT AN ORDERING ACTIVITY ORDERS FROM THE CONTRACTOR UNDER THE CONTRACT. IF THERE IS ANY INCONSISTENCY BETWEEN THESE SUPPLEMENTAL TERMS AND CONDITIONS AND THE CONTRACT, THE SUPPLEMENTAL TERMS AND CONDITONS APPLY. SECTION 1 INFORMATION FOR ORDERING ACTIVITIES APPLICABLE TO ALL SPECIAL ITEM NUMBERS 1. PAYMENT INFORMATION: Ordering activities agree that they have not relied on the future availability of any Oracle programs or releases in entering into an order; however, (a) if the ordering activity orders Software Update License & Support ("SULS") for Oracle programs, the preceding sentence does not relieve Oracle of its obligation to provide updates under the ordering activity’s order, if-and-when available, in accordance with Oracle's then current technical support policies, and (b) the preceding sentence does not change the rights granted to the ordering activity for any Oracle program licensed under the ordering activity's order, per the terms of the ordering activity's order and the contract. 2. SECTION 508 COMPLIANCE. If applicable, Section 508 compliance information on Oracle programs is available for informational purposes only at the following: http://www.oracle.com/accessibility Any requirements regarding Section 508 compliance for services to be delivered by Oracle must be expressly agreed to by Contractor and the ordering activity in the order. For informational purposes only, the EIT standard can he found at: www.Section508.gov 3. SEGMENTATION The services provided through an order under this contract may be related to licenses to use Oracle programs that were acquired under a separate agreement and/or order. That agreement and/or order shall govern use of such Oracle programs. Any services acquired through an order under this contract are offered separately from such program licenses. Ordering activities may acquire either Oracle services or Oracle program licenses without acquiring the other. 4. AUDIT Unless otherwise agreed in an order, upon Contractor's written request, no more frequently than annually, ordering activities shall perform an internal audit to verify their licensed use of Oracle programs. Ordering activities will furnish Contractor with a signed certification by an authorized representative of the ordering activity that Oracle programs are being used pursuant to the provisions of the order, including an accounting of licensed quantities. If such verification is not provided within 30 days of Contractor's written request, or if Contractor provides a reasonable basis for asserting that the ordering activity's actual use does not comply with its license for Oracle programs, ordering activities agree to cooperate with Contractor to audit the use of the Oracle programs provided under any order and to provide reasonable assistance and access to information to ascertain the ordering activity's C672Attachment 2, Page 100 of 104 Mythics, Inc. GS-35F-0153M Pg 424 actual use. Ordering activities will be responsible for either paying any underpaid fees related to use of Oracle programs or for discontinuing noncompliant use. Contractor may assign its right to audit to Oracle. 5. OTHER a) Export. Export laws and regulations of the United States and any other relevant local export laws and regulations apply to the Oracle programs. The ordering activity agrees that such export control laws govern use of the Oracle programs (including technical data) and any Oracle services deliverables provided pursuant to an order under this contract, and to comply with all such export laws and regulations (including "deemed export" and "deemed re- export" regulations); additional information can be found on Oracle's Global Trade Compliance web site located at http://oracle.com/contracts. The ordering activity agrees that no data, information, Oracle program and/or materials resulting from Oracle 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. b) No Assignment of Orders, Licenses Or Services. The ordering activity may not assign orders or give or transfer the Oracle programs and/or any services ordered or an interest in them to another individual or entity. If an ordering activity grants a security interest in the Oracle programs and/or any Oracle services deliverables, the secured party has no right to use or transfer the Oracle programs and/or any Oracle services deliverables, and if an ordering activity decides to lease or finance the acquisition of the Oracle programs and/or any Oracle services, it will follow Oracle's policies regarding financing and leasing which are at http://oracle.com/contracts c) Source Code. Oracle may deliver source code as part of its standard delivery for particular Oracle programs; all source code delivered by Oracle is subject to the terms of the contract, order and documentation. d) Uniform Computer Information Transaction Act. The Uniform Computer Information Transaction Act is not applicable to any order for Oracle programs under the contract. e) Independent Contractor. The contractor is not Oracle's agent. Oracle is not liable for (a) any professional services provided to the ordering activity by the contractor or any third party firm retained by the contractor nor (b) any acts of the contractor or third party firm retained by the contractor. C672Attachment 2, Page 101 of 104 Mythics, Inc. GS-35F-0153M Pg 425 SECTION II TERMS AND CONDITIONS APPLICABLE TO TERM SOFTWARE LICENSES (SPECIAL ITEM NUMBER 132-32), PERPETUAL SOFTWARE LICENSES (SPECIAL ITEM NUMBER 132-33 AND MAINTENANCE (SPECIAL ITEM NUMBER 132-34) OF GENERAL PURPOSE COMMERCIAL INFORMATION TECHNOLOGY SOFTWARE 1. TECHNICAL SUPPORT Maintenance consists of annual technical support services an ordering activity may have ordered for the Oracle programs. If ordered, annual technical support (including first year and all subsequent years) is provided by Oracle under Oracle's technical support policies in effect at the time the services are provided. Oracle's technical support policies, incorporated in this contract, are subject to change at Oracle's discretion; however, Oracle will not materially reduce the level of services provided for supported Oracle programs during the period for which technical support has been ordered. Ordering activities should review Oracle's technical support policies prior to placing orders for the applicable services. Ordering activities may access the current version of Oracle's technical support policies at http://oracle.com/contracts. Technical support is effective upon the effective date of the order unless otherwise stated in the ordering activity's order. Software Update License & Support (or any successor technical support offering to Software Update License & Support, "SULS") acquired with an ordering activity's order may be renewed annually. The order will specify the ordering activity's technical support fee for the first renewal year should the ordering activity renew SULS for the same number of licenses for the same Oracle programs as contained on the original order; the ordering activity’s technical support fee for the second renewal year will not increase by more than 4% over the prior year’s fees. If the ordering activity elects not to purchase technical support at the time that the program licenses are ordered, then the ordering activity will be required to pay reinstatement fees in accordance with Oracle's technical support policy if the ordering activity decides to purchase technical support at a later date. Invoices for technical support services shall be submitted by Contractor on a quarterly basis (unless otherwise specified in the order) after the completion of such period. Technical support services charges for SULS (or any successor technical support offering to SULS) are classified under SIN 132-34 as Software Maintenance as a Service and must be paid in arrears (31 U.S.C. 3324). PROMPT PAYMENT DISCOUNT, IF APPLICABLE, SHALL BE SHOWN ON THE INVOICE. 2. LICENSE GRANT AND UTILIZATION LIMITATIONS - (132-32, 132-33 AND 132-34) a. Software acquisition is limited to commercial computer software defined in FAR Part 2.101. "Programs" includes all programs, software, databases, updates, documentation, media, and technical data licensed, developed and/or delivered to an ordering activity hereunder, all of which shall be deemed to be "commercial items" and "commercial computer software" pursuant to the FAR. Oracle may deliver third party materials specified in the documentation that may only be used for the purposes of installing or operating the Oracle programs with which the third party materials are delivered. b. When acquired by the ordering activity, Oracle programs shall be subject to the following: (1) Title to and ownership of programs shall not pass to the ordering activity or to a third party; title to and ownership of the programs shall remain with Oracle, unless otherwise specified. (2) Oracle programs are licensed by ordering activity. The Oracle programs may be used by any subdivision of the ordering activity (service, bureau, division, command, etc.) that has been licensed to use the Oracle programs, even if the subdivision did not participate in the acquisition of the Oracle programs, provided the terms of the applicable license conditions (including the requisite quantity or metric limitations) are satisfied. Definitions for the licensing metrics and term designation, as well as the licensing rules, are listed in the GSA Offerings section of this Pricelist. C672Attachment 2, Page 102 of 104 Mythics, Inc. GS-35F-0153M Pg 426 (3) Except as is provided in paragraph b (2) above, the ordering activity shall not provide or otherwise make available the Oracle programs, or any portion thereof, in any form, to any third party without the prior written approval of Oracle. Third parties do not include prime contractors, subcontractors and agents of the ordering activity who have the ordering activity's permission to use the licensed Oracle programs and documentation at the facility, and who have agreed to use the licensed Oracle programs and documentation only in accordance with these restrictions. This provision does not limit the right of the ordering activity to use Oracle programs, documentation, or information therein, which the ordering activity may already have or obtains without restrictions. (4) The ordering activity shall have the limited right to use the Oracle programs ordered by it solely for its internal business operations and subject to the terms of this contract and the order, including the definitions and rules set forth in the order and the documentation. An ordering activity may allow its agents and contractors to use the programs for this purpose, subject to the terms of this contract and any order. For Oracle programs that are specifically designed to allow the ordering activity's customers and suppliers to interact with the ordering activity in the furtherance of the ordering activity's internal business operations, such use is permitted under the contract and relevant order. Provided the terms of the applicable Oracle program license conditions (including the requisite quantity or metric limitations) are satisfied, for purposes of disaster recovery, an ordering activity has the right to transfer the Oracle programs acquired hereunder to another site if the ordering activity site for which the Oracle programs are acquired is deemed to be unsafe for ordering activity personnel; to copy the Oracle programs to a backup computer for use when the primary computer is inoperative; and, to copy the Oracle programs for safekeeping (archives) or backup purposes. (5) Program documentation (in the form generally available) is either shipped with the Oracle programs, or an ordering activity may access the documentation online at http://docs.oracle.com (provided for informational purposes only), (6) Oracle retains all ownership and intellectual property rights to the Oracle programs and anything developed by Oracle and delivered to an ordering activity under this contract resulting from technical support services provided hereunder. An ordering activity may make a sufficient number of copies of each Oracle program for its licensed use and one copy of each program media. (7) Oracle may deliver third party technology that may be appropriate or necessary for use with some Oracle programs as specified in the documentation and that such third party technology is licensed to the ordering activity under the terms of the third party technology license agreement specified in the documentation and not under the terms of the contract and relevant order. (8) Ordering activities may not:  remove or modify any of the Oracle program markings or any notice of Oracle's proprietary rights;  make the Oracle programs, or materials resulting from services provided, available in any manner to any third party for use in the third party's business operations under a rental, timeshare, subscription service, hosting or outsourcing arrangement (unless such access is expressly permitted for the specific Oracle program license or materials from the Oracle services acquired);  cause or permit reverse engineering (unless required by law for interoperability), disassembly or decompilation of the Oracle programs; or  disclose results of any program benchmark tests without Oracle's prior written consent. 3. SOFTWARE CONVERSIONS - (132-32 AND 132-33) Provided an ordering activity has continuously maintained technical support services for the relevant license set, in the event an ordering activity desires to change the operating system or the computer system on which the Oracle program(s) is running and requires the shipment of new binary software, the ordering activity may acquire the additional set(s) of media packs for the Oracle program(s) for the new operating system or computer system. C672Attachment 2, Page 103 of 104 Mythics, Inc. GS-35F-0153M Pg 427 4. MIGRATIONS A license migration is a means of contractually modifying an ordering activity's previously purchased Oracle program licenses. Any additional terms necessary to effectuate a migration will be contained on the relevant order. 5. TERMINATED LICENSES Upon termination of a program license, the ordering activity is required to discontinue use and destroy or return to the contractor all copies of the programs and program documentation associated with the terminated license. 6. DESCRIPTIONS AND EQUIPMENT COMPATIBILITY A complete description of each Oracle program and a list of equipment on which the Oracle programs can be used, as well as a brief, introductory explanation of the Oracle programs and documentation that are offered are available at www.oracle.com/products/ in Oracle's Software Investment Guide at www.oracle.com/corporate/pricing/, which are referenced for informational purposes only. A complete listing of the Oracle programs and any other purchase minimums available under this contract is provided in the GSA Offering section of this Pricelist. 7. TRIAL PROGRAMS Oracle may include additional Oracle programs with an order that an ordering activity may use for trial, nonproduction purposes only ("trial programs"). Ordering activities may not use the trial programs to provide or attend third party training on the content and/or functionality of the programs. Ordering activities have 30 days from the delivery date to evaluate these trial programs. If an ordering activity decides to use any of these trial programs after the 30-day trial period, it must obtain a license for each Oracle program from Contractor. If an ordering activity decides not to obtain a license for any trial program after the 30-day trial period, it must cease using and delete any such Oracle programs from its computer systems. Trial programs licensed as described herein are provided "as is". Oracle does not provide technical support for trial programs nor does Contractor offer any warranties for trial programs. C672Attachment 2, Page 104 of 104