Terms and Conditions
Definitions: "You" and "your" refers to the individual or entity that has ordered from Oracle Corporation UK Limited or ("Oracle") or an authorized distributor ("Fudgelearn") of the Oracle products and/or services specified in your order. The term "products" refers to the software programs, courseware, toolkits and other products owned or distributed by Oracle which you have ordered, including program documentation. The term "services" refers to the education services which you have ordered. A "named user" is an individual authorized by you to use the products which are installed on a single server or delivered to you via an online environment, regardless of whether the individual is actively using the product at any given time, and is not transferable. A "concurrent user" is each individual authorized by you to concurrently use the products which are installed on a single server or delivered to you via an online environment.
Applicability: These terms and policies are subject to change, and those existing as of the date of your order and accepted by you are valid for and govern your order. If you are a government entity in the United Kingdom with a current agreement governing Oracle's provision of Oracle University products and services, and you do not want the terms of your current agreement to apply to your order, please call OU Customer Service team at 0845 777 7711 . Otherwise, the agreement you provide will be validated against existing contracts with Oracle. If valid, that agreement shall take precedence over these terms to the extent there are any inconsistencies.
Ordering/Registration Options: Fudgelearn (on behalf of Oracle) accepts orders for products and student registrations for Instructor-Led Training and/or Live Virtual Class and/or Digital Learning services via our web site at http://www.fudgelearn.com.
Payment Options: Contact the Fudgelearn Oracle Training sales representative to confirm payment options.
*Learning Credits: Learning Credits may be used to acquire education products and services offered in the Oracle University online catalogue posted at education.oracle.com. Learning Credits may only be used to acquire products and services at the list price in effect at the time you order the relevant product or service, and may not be used for any product or service that is subject to a discount or a promotion when you acquire the relevant product or service. The list price will be reduced by applying the Learning Credits discount specified in your Learning Credits purchase. Notwithstanding anything to the contrary in the previous three sentences, Learning Credits may also be used to pay taxes, materials and/or expenses related to your order; however, the Learning Credit discount will not be applied to such taxes, materials and/or expenses. Learning Credits are valid for a period of 12 months* from the date your order is accepted by Oracle, and you must acquire products and must use any acquired services prior to the end of such period. You may only use Learning Credits in the country in which you acquired them, you may not use them as a payment method for additional Learning Credits, and you may not use different Learning Credits accounts to acquire a single product or service or to pay related taxes, materials and/or expenses. Learning Credits are non-transferable and non-assignable. You may be required to execute standard Oracle ordering materials when using Learning Credits to order products or services.
*Learning Credits purchased using a valid Oracle agreement co-terminate with the expiration date on the agreement used for purchase or after the term of 12 months, whichever is sooner. This may impact the term of your Learning Credits.
Learning Credit accounts will be suspended if payment is not received per the invoice terms of payment.
100% Student Satisfaction Program: Oracle's 100% Student Satisfaction program applies to those publicly scheduled and publicly available Oracle University Instructor Led Training classes that are identified as part of the 100% Student Satisfaction program on the www.oracle.com/educationwebsite at the time the class is purchased. In the event that a student who has completed such a class and been present for all of the offering is not, in his/her reasonable opinion, satisfied with the class, then the student must notify Oracle by emailing email@example.com within 5 business days of the completion of the class. Oracle will then permit the student to retake the same version of the same class title (or at the student's option, the equivalent class provided online, if available) once more for free within 90 days of Oracle's receipt of the notification (or if it is not available during such 90 day period, as soon as the class is available thereafter at the same location or within 50 miles therefrom). The Student Satisfaction program does not apply: (i) to the retaken class; (ii) to Training On Demand courses; and (iii) if the student is not able to satisfy the above criteria for reasons beyond Oracle's reasonable control. Oracle is not responsible for any applicable taxes, transportation costs, lodging costs or other expenses or costs related to the retaken class. Oracle has the option, at its sole discretion, of providing a refund for the class fees in lieu of permitting a class to retake if, for any reason, including scheduling, Oracle considers a refund to be appropriate. This is the sole remedy and Oracle's exclusive liability in the event that a student is not satisfied with the class.
Confirmation Process: Enrollments for Instructor-Led Training and/or Live Virtual Class events are not confirmed until complete payment information is received per the directions in the Order Placed Letter. Oracle will send you an Enrollment Confirmation email once your enrollment is confirmed in an Instructor'Led Training and/or Live Virtual Class.
Most travel information, including hotels and maps to training locations, are available on our web site at http://www.oracle.com/us/education/selectcountry-new-079003.html
Product Orders and Shipment: Once you place an order, the payment obligation is non-cancellable and the sum paid is non-refundable (except as otherwise specified in this agreement). Orders for shippable products are generally shipped within 7-10 days of order placement. If you do not receive your shipment within 3 weeks of placing your order, or if you believe that the contents of your order were damaged during shipping or are defective, please call your Oracle representative. Oracle relies upon the accuracy of the information you provide and is unable to provide refunds or reissue invoices in connection with incorrect submissions.
Fees, Taxes and Invoices: All fees payable to Oracle are due per the terms stated in your order. You agree to pay any sales, value-added or other similar taxes imposed by applicable law that Oracle must pay based on the products and/or services you ordered, except for taxes based on Oracle's income. Also, you will reimburse Oracle for reasonable expenses related to providing the services. Notwithstanding the preceding sentence, expenses for private/onsite classes shall be charged on a per diem basis as specified at the time of your order on our website at http://education.oracle.com/pls/web_prod-plq-dad/show_desc.redirect?redir_type=37. Fees for services listed in your order, located on our web site at http://www.oracle.com/education/ or quoted via the phone, are exclusive of taxes and expenses.
You will be charged using the current pricing in effect at the time of your confirmed order placement. Pricing is only guaranteed if you have a written quote from Oracle. For orders placed against a quote from Oracle, you must accept the quote and provide a valid commitment to pay within the quote validity period.
You will be charged or invoiced when Oracle University products are shipped, distributed electronically or otherwise made available to you for download as noted herein. You will be charged or invoiced for Instructor-Led Training and LVC events after class attendance.
Rights Granted: Upon Oracle's acceptance of your order, you have the non-exclusive, non-assignable, royalty-free, perpetual (unless otherwise specified) limited right to use the products you ordered solely for your internal business operations, and subject to the terms of this agreement, including the definitions and rules set forth in your order any applicable program documentation. Any materials that Oracle provides to you in a class may be used solely by the students participating in that class for the purpose of taking the class.
Upon payment for services, you have the non-exclusive, non-assignable, royalty-free, perpetual, limited right to use for your internal business operations anything developed by Oracle and delivered to you under your order; however, certain deliverables may be subject to additional license terms provided in the order.
Ownership and Restrictions: Oracle retains all ownership and intellectual property rights to the products and anything developed by Oracle and delivered to you under your order resulting from the services. You may make a sufficient number of copies of each program for your licensed use and one copy of each program media.
Third party technology that may be appropriate or necessary for use with some Oracle programs is specified in the program documentation. Such third party technology is licensed to you under the terms of the third party technology license agreement specified in the program documentation and not under the terms of this agreement.
You may not:
* remove or modify any program markings or any notice of Oracle's or its licensors' proprietary rights;
* make the products or materials resulting from the services available in any manner to any third party for use in the third party's business operations (unless such access is expressly permitted for the specific program license or materials from the services you have acquired);
* cause or permit reverse engineering (unless required by law for interoperability), disassembly or decompilation of the products (the foregoing prohibition includes but is not limited to review of data structures of similar materials produced by the products);
* disclose results of any program benchmark tests without Oracle's prior written consent; or
* disclose any product information or any materials that Oracle provides to you in a class for a period of three years from the date of disclosure.
Warranty: THE PRODUCTS AND SERVICES ARE PROVIDED "AS IS". TO THE EXTENT NOT PROHIBITED BY LAW, ORACLE DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
Limitation of Liability: NEITHER PARTY SHALL BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES, OR ANY LOSS OF PROFITS, REVENUE, DATA, OR DATA USE. ORACLE'S MAXIMUM LIABILITY FOR ANY DAMAGES ARISING OUT OF OR RELATED TO YOUR ORDER, WHETHER IN CONTRACT OR TORT, OR OTHERWISE, SHALL BE LIMITED TO THE AMOUNT OF THE FEES YOU PAID ORACLE UNDER THE ORDER GIVING RISE TO THE LIABILITY, AND IF SUCH DAMAGES RESULT FROM YOUR USE OF PRODUCTS OR SERVICE OFFERINGS, SUCH LIABILITY SHALL BE LIMITED TO THE FEE YOU PAID ORACLE FOR THE DEFICIENT PRODUCT OR SERVICE OFFERING GIVING RISE TO THE LIABILITY.
Export: Export laws and regulations of the United States and any other relevant local export laws and regulations apply to the products. You agree that such export control laws govern your use of the products (including technical data) and any services deliverables provided under this agreement, and you agree to comply with all such export laws and regulations (including 'deemed export' and 'deemed re-export' regulations). You agree that no data, information, program and/or materials resulting from services (or direct product thereof) will be exported, directly or indirectly, in violation of these laws, or will be used for any purpose prohibited by these laws including, without limitation, nuclear, chemical, or biological weapons proliferation, or development of missile technology. You shall include the following notice on packing lists, commercial invoices, shipping documents and other documents involved in the transfer, export or re-export of the products (including any integrated software and operating system(s)): 'These commodities, technology, software, or hardware were exported in accordance with U.S. Export Administration Regulations and applicable export laws. Diversion contrary to applicable exports laws is prohibited.'
Relationship Between Parties: Oracle is an independent contractor and we agree that no partnership, joint venture, or agency relationship exists between us. We each will be responsible for paying our own employees, including employment related taxes and insurance. If while performing services Oracle requires access to other vendors products that are part of your system, you will be responsible for acquiring all such products and the appropriate license rights necessary for Oracle to access such products on your behalf.
Force Majeure: Neither party shall be responsible for failure or delay of performance if caused by: an act of war, hostility, or sabotage; act of God; pandemic; 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. Both parties will use reasonable efforts to mitigate the effect of a force majeure event. If such event continues for more than 90 days, either party may cancel unperformed services upon written notice. This section does not excuse either party's obligation to take reasonable steps to follow its normal disaster recovery procedures or your obligation to pay for services provided.
Other: You agree that this agreement and the information which is incorporated into this agreement by written reference (including reference to information contained in a URL or referenced policy), together with the applicable order, are the complete agreement for the products and/or services ordered by you, and that this agreement supersedes all prior or contemporaneous agreements or representations, written or oral, regarding such products and/or services. If any term of this agreement is found to be invalid or unenforceable, the remaining provisions will remain effective. It is expressly agreed that the terms of this agreement and any Oracle ordering document shall supersede the terms in any purchase order or other non-Oracle ordering document and no terms included in any such purchase order or other non-Oracle ordering document shall apply to the products and/or services ordered. This agreement and ordering documents may not be modified and the rights and restrictions may not be altered or waived except in a writing signed or accepted online through the Oracle Store by authorized representatives of you and of Oracle. Any notice required under this agreement shall be provided to the other party in writing.
You may not assign this agreement or give or transfer the products and/or any services or an interest in them to another individual or entity. If you grant a security interest in the products and/or any services deliverables, the secured party has no right to use or transfer the products and/or any services deliverables, and if you decide to finance your acquisition of the products and/or any services, you will follow Oracle's policies regarding financing which are at http://oracle.com/contracts.
Except for actions for non-payment or breach of Oracle's proprietary rights, no action, regardless of form, arising out of or relating to this agreement may be brought by either party more than two years after the cause of action has accrued.
Upon 45 days written notice, Oracle may audit your use of the products. You agree to cooperate with Oracle's audit and provide reasonable assistance and access to information. Any such audit shall not unreasonably interfere with your normal business operations. You agree to pay within 30 days of written notification any fees applicable to your use of the products in excess of your license rights. If you do not pay, Oracle can end your technical support, licenses and/or this agreement. You agree that Oracle shall not be responsible for any of your costs incurred in cooperating with the audit.
This agreement is governed by the substantive and procedural laws of United Kingdom and you and Oracle agree to submit to the exclusive jurisdiction of, and venue in, the courts in United Kingdom in any dispute arising out of or relating to this agreement.
You agree to the following, and in the event any of your employees register to take an Oracle class under your order, you will inform them that they will be required to agree to the following in order to participate in the class:
In consideration for being granted access to the Oracle class location (the 'Premises'), you hereby waive any and all claims against Oracle Corporation UK Limited. and the owners of the Premises (if Oracle is not the owner), and their officers, directors, employees and agents (the 'Released Parties') for loss, theft, destruction or damage to any property, including without limitation the business or personal property of your or your employees, agents, guests, invitees or representatives, in, on, or about the Premises, and for injuries to you or your employees, agents, guests, invitees or representatives, in, on, or about the Premises. The Released Parties shall bear no responsibility for the safety of your or your employees, agents, guests, invitees or representatives or their business or personal property while in, on, or about the Premises. This paragraph does not apply to any damages directly caused by the Released Parties' gross negligence or intentional misconduct.
ORACLE UNIVERSITY INSTRUCTOR-LED TRAINING (ILT) AND LIVE VIRTUAL CLASSROOM (LVC):
ILT and LVC Waitlists: Oracle accepts participant requests for registration into full ILT and LVC events. If space becomes available, participants will be placed into the class and notified. Participants will have 3 days to cancel; thereafter, the standard cancellation policy described below will apply.
Live Virtual Class (LVC): Live Virtual Class (LVC) is exclusively for registered students; unregistered individuals may not view an LVC at any time. Registered students must view the class from the country listed in the registration form. Unauthorized recording, copying, or transmission of LVC content is strictly prohibited. You are responsible for meeting the minimum system requirements to attend an LVC.
Class Cancellation/Rescheduling Policy: Oracle may cancel or reschedule a class at its discretion, and if it does, will use reasonable efforts to notify you at least one week in advance. You will not be charged for the Oracle cancellation or rescheduling.
Oracle is not liable for travel or accommodation costs incurred by students in the event that Oracle cancels or reschedules an event.
Please notify us as soon as possible of any changes in your scheduled training. Cancel and reschedule requests must be received by Oracle in email or other written communication.
|Publicly Scheduled Instructor Led Training Events *If you 'Oracle will assess' cancel or reschedule your registration 7 or more calendar days before the scheduled start date of the class no charge reschedule your registration 1-6 calendar days prior to the class start date cancel your registration 1- 6 calendar days prior to the class start date 50% of the class fee 50% of the class fee do not show up for the event; or cancel on the day of the event100% of the class feePrivate/Onsite Training Events *If you 'Oracle will assess' cancel your class 14 or more calendar days before the scheduled start date of the class no charge reschedule your class 1-13 calendar days prior to the class start day cancel your class 1-13 calendar days prior to the class start date50% of the class fee50% of the class fee do not show up for the class or cancel on the day of the class100% of the class feeOracle Testing Center (OTC) ExamIf you 'Oracle will assess'cancel or reschedule your exam registration 7 or more calendar days prior to the scheduled exam dateno chargereschedule your exam registration 1 to 6 calendar days before the scheduled exam dateno chargecancel your exam registration 1- 6 calendar days prior to the scheduled exam date; cancelon the day of the exam; or do not show up for your exam100% of the exam fee or will invalidate your OCP voucher if your payment method is OCP Voucher|
* Notwithstanding anything to the contrary above, once you have downloaded OU eKit materials for an OU eKit-supported event, the class fee becomes fully payable and non-refundable and Oracle will assess 100% of the class fee.
* Student Kit : Notwithstanding anything to the contrary above, if you elect to purchase a hard copy Student Kit as a supplement to your OU eKit materials, once you have placed your order and the student kit has shipped, the class fee becomes fully payable and non-refundable and Oracle will assess 100% of the class fee.
International ILT Registrations: Students are responsible for ensuring they have all correct travel documentation (e.g., visas) in place prior to confirming attendance for a class.
ILT Classroom Environment: Participants are requested to sign in 15 minutes before the start of class on the first day. Business casual attire is appropriate. Course materials and equipment are provided by Oracle University. Oracle University classes are conducted with a team learning methodology. Participants should come to class prepared to enhance the learning experience by discussing course topics with a lab partner. Unauthorized recording, copying, or transmission of training content is strictly prohibited. Except as otherwise agreed by Oracle in writing, attendance at private Instructor-Led classes is restricted to employees and staff of your company or organization.
Student Kit Materials: Oracle now supports the electronic delivery of Student Kit Materials (eKits). As part of the registration process, you are required to provide an e-mail address so that Oracle may send you a secure password required for the download of the eKit Student materials. Students have a period of 90 days from the day they receive their eKit notification email to access and download their eKit. Each eKit will be personalized with the student name and email address that is licensed to the registered student for their use only.
Reproduction or distribution to a third party of Student Kit Materials is strictly prohibited.Hard-copy Student Kit Materials are not provided in the classroom for eKit-enabled classes. Hard Copy student kits may be purchased from Oracle University at an additional cost once an eKit class event has been completed.
As noted in the Class Canceling/Rescheduling Policy above, class fees (including Training On Demand fees) are fully payable and non-refundable once you have downloaded the eKit materials (regardless of how far in advance of the class date you undertake the download). For more details regarding the general eKit delivery and download process, go to http://www.oracle.com/us/education/certification/ekit-terms-policies110108-079134.html
Oracle University Student Kit Materials are not available or authorized for purchase from any third party. Students unable to attend a confirmed class due to unforeseen reasons and who have paid the 100% cancellation fee per the terms of the Class Cancellation Policy may request a copy of the Student Kit Materials used in conjunction with the class. Students must make this request to their Oracle University sales representative within 60 days of the originally scheduled class.
ADDITIONAL TERMS APPLICABLE TO OTHER ORACLE UNIVERSITY PRODUCTS AND SERVICES:
Oracle University Learning Streams: is defined as a collection of video content and services for technology professionals looking to stay current on Oracle technology. Content will be presented by various individuals, including Oracle architects, support engineers, consultants, instructors and other instructors. Content may include program documentation, webinars, speeches, and curriculum. Oracle University Learning Streams are available at http://education.oracle.com/pls/web_prod-plq-dad/db_pages.getpage?page_id=745, and are made available to you subject to the terms of your order, this agreement and Oracle University's Online Hosting Access Policies, which are located at http://www.oracle.com/us/education/oukc/hosting-policies-079011.html and may be updated by Oracle from time to time without notice to you. Oracle University Learning Streams are made available on a named user basis for a one year term from the effective date of your order; therefore and, unauthorized individuals may not view Oracle University Learning Streams content at any time. Oracle University Learning Streams must be viewed from the country of purchase. Unauthorized recording, copying, transmission or other distribution of Oracle University Learning Streams content is strictly prohibited. You are responsible for meeting the minimum system requirements to order the Oracle University Learning Streams. In the event that any Oracle programs are made available for download as part of the service, then use of such programs is subject to the terms of this agreement. NOTWITHSTANDING ANYTHING TO THE CONTRARY IN YOUR AGREEMENT, ORACLE DOES NOT WARRANT THAT ORACLE UNIVERSITY LEARNING STREAMS WILL BE PROVIDED UNINTERRUPTED OR ERROR-FREE.
Training On Demand (TOD): Training On Demand (TOD) is defined as web based learning environments that provide on demand access to self-paced training content. Oracle currently offers TOD Single-Title Named, TOD Single-Title Concurrent, TOD Multi-Title Named and, for limited availability, the Oracle University Knowledge Center (OUKC) services. All Training On Demand offerings are described in more detail below and made available to you subject to the terms of this agreement and Oracle University's Online Hosting Access Policies, which are located at: http://www.oracle.com/us/education/oukc/hosting-policies-079011.html and may be updated by Oracle from time to time without notice to you. Unauthorized viewing, recording, copying, transmission or other distribution of Training On Demand content is strictly prohibited. You are responsible for meeting the minimum system requirements to order Training On Demand offerings. Training On Demand orders are non-cancellable and non-refundable. In the event that any Oracle programs are made available for download as part of the services, then use of such programs is subject to the terms of this agreement. NOTWITHSTANDING ANYTHING TO THE CONTRARY IN YOUR AGREEMENT, ORACLE DOES NOT WARRANT THAT THE TRAINING ONDEMAND SERVICES WILL BE PROVIDED UNINTERRUPTED OR ERROR-FREE.
The TOD Single-Title Named offering is a streaming, web-based learning environment delivered via a hosted environment that provides on-demand access to recordings of certain live Instructor-Led Training courses and associated eKit materials. This service is available at http://education.oracle.com/pls/web_prod-plq-dad/db_pages.getpage?page_id=600&get_params=pillar_id:0 and is made available on a named user basis for a term of 90 days from the effective date of your order. Registered students must view the class from the country in which the order is placed, and the associated lab environment (if applicable) can be scheduled for 1 period of 6 consecutive days during your subscription period.
The TOD Single-Title Concurrent and TOD Multi-Title Named offerings are web-based learning environments hosted by Oracle that provide on-demand access to either an individual training course or to limited content subsets of training courses available on the TOD Single-Title Concurrent and TOD Multi-Title Named website, respectively. These services are available at http://education.oracle.com/pls/web_prod-plq-dad/db_pages.getpage?page_id=600&get_params=pillar_id:0 and are made available on a concurrent user basis (single-title) or named user basis (multi-title) for a subscription term of 90 days from the effective date of your order (unless otherwise stated in your order). Concurrent use, if applicable, is limited to 25 users. Oracle may provide a tailored eLearning environment to you as part of your order (and subject to the other Training On Demand terms). Oracle may provide a customized eLearning environment to you as part of your order, limited in storage size to no more than 200 megabytes (and subject to the other Training On Demand terms).
Oracle University Knowledge Center (OUKC) Service: is a web-based learning environment hosted by Oracle that provides on-demand access to either an individual Oracle University training course ('Online Course') or to all (or limited content subsets) of the Oracle University training courses available on the Knowledge Center website ('Passport'). This offering currently has limited availability. NOTWITHSTANDING ANYTHING TO THE CONTRARY IN YOUR AGREEMENT, ORACLE DOES NOT WARRANT THAT THE OUKC SERVICES WILL BE PROVIDED UNINTERRUPTED OR ERROR-FREE.
Self Study (SSC): Oracle University Self-Study (SSC) programs may be purchased as individual titles and are licensed on a named user basis. The titles and quantities licensed to you shall be specified in your order and you are only authorized to access the content in accordance with the terms of your purchase. One year of support is included in the license fees for SSC programs, which is effective upon the effective date of your order. You may obtain such support by logging a support ticket athttp://www.oracle.com/us/education/tbt/tbt-support-079115.html.
Electronic Distribution of SSC: Oracle has made the SSC programs listed in your order available to you for electronic download at the following electronic delivery web site: http://edelivery.oracle.com. Please be advised that not all programs are available on all hardware/operating system combinations. For current program availability, please check the electronic delivery web site specified above. You acknowledge that Oracle is under no further delivery obligation for the SSC programs listed in your order, electronic download or otherwise. You are responsible for installation of the SSC software.
Oracle University Fixed Fee Products: Oracle may make available to you, as part of your order, Fixed Fee Products (comprised of UAS Toolkit and/or UAS Courseware materials). Oracle retains all right, title and interest in and to such materials, except the rights expressly granted herein. Fixed Fee Products are licensed, not sold, and orders are non-cancellable and non-refundable. Fixed Fee Products are licensed for the version available at time of delivery; any updates to the licensed materials are subject to additional fees to be quoted in accordance with the level of effort assessed for the updates. Fixed Fee Products are considered Oracle confidential information.
UAS Toolkit is a customizable courseware product. Additional fees apply if Oracle customizes the content on your behalf.
UAS Courseware is a non-customized courseware product that is used for end-user enablement and is delivered to students 'as is' without additional modification.
Except in the case of materials made available by Oracle via an on-line environment, you are responsible for installation and operation of Fixed Fee Products. Fixed Fee Products may be accessed and used solely in accordance with any maximum use restriction set forth in your applicable order (e.g., number of copies, number of users, individual user). Subject to the maximum use restrictions set forth in your order, Fixed Fee Products may be accessed and used by your third party contractors and consultants solely for your internal business operations, provided that you remain responsible for the compliance by such parties of the terms specified herein.
As stated in the Fees, Taxes and Expenses section, you will be charged or invoiced when Fixed Fee Products are shipped, distributed electronically, or otherwise made available to you for download.
All tangible content provided, inputted or uploaded to the Fixed Fee Products by you or on your behalf shall remain your sole property, except to the extent such content incorporates Oracle materials.
You may modify and combine Fixed Fee Products, subject to the restrictions set forth in your order and for your internal use only; provided, however, that you hereby assign to Oracle all right, title and interest in and to any derivative works of Oracle materials created by you.
UAS Framework Services are limited-scale engagements delivered in connection with Oracle University Fixed Price Products. A UAS Framework project may be comprised of any combination of the person day types specified below, not to exceed 15 person days for any type. A 'person day' is defined as one person working for up to 8 hours per day.
UAS Customization Day is 1 Oracle person day for customizing pre-built (starter) content for customer business needs, and may include coaching and mentoring assistance before of after a formal ILT event.
UAS Design Day is 1 Oracle person day for preparing content specific to customer business needs, and may include custom development using UPK or other tools to create content. UAS Design Days may include pre-defined deliverables, including audience analysis and training strategy.
UAS Program Management Day is 1 Oracle person day for customizing program management services specific to customer business needs, any (should be and) may include training or adoption services project management for short-duration engagements and high-end UPK enablement services.
UAS Framework Services: Your Obligations. You acknowledge that your timely provision of and access to office accommodations, facilities, equipment, assistance, cooperation, complete and accurate information and data from your officers, agents, and employees, and suitably configured computer products (collectively, 'cooperation') are essential to the performance of Framework Services. Oracle will not be responsible for any deficiency in performing services if such deficiency results from your failure to provide full cooperation.
You acknowledge that Oracle's ability to perform the services and any estimate related depends upon the following project assumptions and your fulfilment of the following obligations:
* Maintain the properly configured hardware/operating system platform to support the services.
* Obtain licenses for UAS Toolkit or, under separate contract, for any necessary software (e.g. MS Office, Captivate, etc.) and hardware programs before the commencement of services.
* Maintain annual technical support for the Oracle software and hardware under separate contract throughout the term of the services.
* Provide and maintain a training database and training data during curriculum development and training delivery.
* Remain responsible for any reproduction of UAS Toolkit materials.
* Remain responsible for post-training first-level support (help desk, operations, etc.), except as otherwise agreed by the parties in writing.
* Integrate media based training, simulations, or visuals into your learning management. If you would like Oracle to provide you with services related to your integration of the media based training specified in your order, such services may be provided separately by Oracle pursuant to a separate order. You shall provide Oracle with an authorized copy of the learning management system software you currently use for Oracle's use in testing and validating the functionality of the computer-based simulations or training courseware.
* Provide Oracle with full access to relevant functional, technical and business resources with adequate skills and knowledge to support the performance of services.
* Provide, for all Oracle resources performing services at your site, a safe and healthful workspace (e.g., a workspace that is free from recognized hazards that are causing, or likely to cause, death or serious physical harm, a workspace that has proper ventilation, sound levels acceptable for resources performing services in the workspace, and ergonomically correct work stations, etc.
* Provide any notices, and obtain any consents, required for Oracle to perform services.
* Limit Oracle's access to any production environment or shared development environments to the extent necessary for Oracle to perform services.
* As required by U.K. Department of Labor regulations, allow Oracle to post a Notice regarding Oracle employee(s) at the work site prior to the employee's arrival on site.
* Provide and maintain the development, test, production, and training environments, including servers, Operating System ('OS') and Relational Database Management System ('RDBMS') that are required for the services. You will provide the required computer server equipment and administrative support for housing the target application(s) server and the database server in accordance with Oracle specifications (the 'training environment'). These servers will be accessible to Oracle over a network provided and administered by you. You will also provide each project team member with a workstation running Windows NT 4.0 or later and connected as part of the training environment.
* Set-up classroom with sufficient space and technology for all training delivery events.
* Provide a system for each resource providing services which contains the configuration(s) of the target application(s) to be used for preparation and delivery of the training services for the duration of the project.
* Provide and maintain suitable laptop computers that may be used as part of the project.
UAS Framework Services: Other Terms.
You will receive an email from Oracle notifying you that UAS Toolkit files are available for download from an FTP site or Workspace. Instructions for download will be provided in the email. You should notify Oracle immediately if you have any difficulties with the download. You should consider the email the same as shipping date for billing purposes.
Upon delivery of the UAS Framework Services, you shall provide Oracle with a signed Delivery Acceptance Form. In the event that you fail to provide such signed Delivery Acceptance Form within three (3) days, such services shall be deemed to have been received by you. For the avoidance of any doubt, fees for UAS Framework Services are based upon the delivery of person-days and not any particular deliverables.
UAS Day Cancellation/Rescheduling Policy: Oracle may cancel or reschedule UAS Framework days at its discretion, and if it does, will use reasonable efforts to notify you at least one week in advance. You will not be charged for the Oracle cancellation or rescheduling.
Oracle is not liable for travel or accommodation costs incurred by students in the event that Oracle cancels or reschedules.
Please notify us as soon as possible of any changes in your scheduled training. Cancel and reschedule requests must be received by Oracle in email or other written communication.
|UAS Framework Days|
|If you'||Oracle will assess'|
|cancel your scheduled UAS Framework days 14 or more calendar days before the scheduled start date of the class||no charge|
|reschedule your scheduled UAS Framework days 1-13 calendar days prior to the class start day cancel your scheduled UAS Framework days 1-13 calendar days prior to the class start date||50% of the service fee50% of the service fee|
ADDITIONAL TERMS APPLICABLE TO THE ORACLE CERTIFICATION PROGRAM (OCP):
Oracle Certification Practice Exams: Oracle has made a limited number of practice exams available to help candidates prepare for the associated exams. After purchasing a practice exam, you will receive an activation key code via email that will provide instructions for setting up your account and using the activation key code, as well as support information. Upon purchase, candidates receive 30-day or 12-month access to one of the available practice exams on a named user basis (depending upon which access period is purchased). Such named user licenses are not transferable. Please note that the subscription does not start at log in, but from the date stated in the activation letter. These practice exams are for practice only and DO NOT result in any certification.
Oracle Certification Exam Vouchers: Oracle Certification Program Exam Vouchers are purchased in advance as future payment for a specific Oracle Certification exam registration. At the time of exam registration, the OCP Exam Voucher value is applied to the exam fee as payment to Oracle's authorized testing vendor.
OCP Exam Vouchers: (i) may be used by one person, one time, for one exam discount/fee and only in the country of Oracle Certification Exam Voucher purchase; (ii) are not valid after the expiration date; (iii) become void if altered or revised in any way; (iv) may not be cancelled or redeemed for cash, credit or refund; and (v) may be used only by the purchaser, except as permitted by a valid Oracle reseller agreement. Neither Oracle's authorized testing vendors nor Oracle's partners are responsible for lost or stolen vouchers. Exam registrations paid for with an OCP Exam Voucher must be completed before the voucher expiration date. Expired Oracle Certification Exam Vouchers have no value and will not be extended.
Oracle University and Oracle University authorized resellers may sell OCP Exam Vouchers. Oracle and Pearson VUE, its test delivery partner, do not guarantee the authenticity of vouchers that are obtained from any individuals or entities other than Oracle or Oracle authorized resellers. Individuals who acquire and use counterfeit vouchers and/or certification vouchers obtained from an unauthorized source may be subject to program sanctions at the discretion of Oracle, including a lifetime ban on taking all future exams and the nullification of all previous exam results and certifications. Oracle will not compensate candidates for counterfeit vouchers or vouchers obtained from an unauthorized source.
Oracle Certified Master (OCM) Exam: The OCM exam is a rigorous exam intended for experienced and qualified candidates only. Candidates agree to thoroughly review the exam qualifications and requirements posted on the Certification website before attempting to complete an OCM level exam.
OCM exam events are completed over 2 days of testing. Candidates must score at a minimum threshold upon the completion of day 1 in order to attend and complete day 2 of testing. Candidates will be notified at the end of day 1 if they have not reached the scoring minimum to return for day 2. OCM exam fees are non-refundable and candidates are not provided a refund if they do not qualify for day 2 of testing.
The exam is conducted in a dedicated Oracle University classroom environment and administered to ensure fairness and security. An Oracle proctor facilitates the event by delivering skillsets and adhering to specific skillset time frames. The proctor does not score the exam and does not have access to scoring information.
All skillsets have time limitations that require participants to employ best practices in order to successfully complete assigned tasks. Each skillset explicitly describes the required end state that participants must achieve.
Participants are not allowed to use personal documentation or notes during the OCM exam, nor will they be permitted to collaborate with other participants. Cell phones, pagers, PDAs, and similar electronics will not be allowed in the OCM classroom. Participants may use the notepad on their desktop to keep notes during the OCM exam. Participants must agree to the same guidelines that apply to all Oracle Certification candidates. These guidelines can be found in the Oracle Certification Program Candidate Agreement. Divulging OCM exam content is a violation of Oracle's Fraudulent Activity Policy and may result in the revocation of an individual's OCP and OCM credentials.
Oracle Certification Program Fraudulent Activity Policy: Oracle reserves the right to take action against any candidate involved in fraudulent activities, including, but not limited to, fraudulent use of vouchers, promotional codes, reselling exam discounts and vouchers, cheating on an exam, alteration of score reports, alteration of completion certificates, violation of exam retake policies or other activities deemed fraudulent by Oracle.
Oracle considers any contributions to, use of, or sharing of materials pertaining to Oracle certification exams (or 'brain dumps') to be a violation of this Fraudulent Activity Policy. Candidates can check if the materials they are purchasing are prohibited brain dumps by visiting CertGuard's Brain Dump ID System at http://www.certguard.com/search.asp. It is the responsibility of the candidate to ensure that all materials they purchase or use to prepare for exams are not violations of this Fraudulent Activity Policy.
If Oracle determines, in its sole discretion, that fraudulent activity has taken place, it reserves the right to take action up to and including, but not limited to, decertification of a candidate's OCA, OCP and/or OCM credentials, temporary, indefinite or permanent ban of a candidate from Oracle certification programs, notification to a candidate's employer, and notification to law enforcement agencies. Candidates found committing fraudulent activities forfeit all fees previously paid to Oracle, or to Oracle's authorized vendors, and may be required to pay additional fees for services rendered.
If you would like to report fraud, you can send a detailed email to firstname.lastname@example.org.