Recent analysis of my blog stats indicates that people are looking for links to the many computer books I have written, so here they are...
Learn to Program with VB.Net 2008 Express
ISBN: 978-0-615-24843-1 (Smiley Publishing, August 24, 2008)
Order an Autographed Copy for $48 ($45 via PayPal)
Order via Amazon
Order a copy for $39.99 via Lulu.com
Order an Electronic Version for $13.95 ($12.95 via PayPal)
Learn to Program with Visual C# 2008 Express
ISBN: 978-0-615-24842-4 (Smiley Publishing, June 20, 2008)
Note: If you already have the Visual C# 2005 Express edition, please don't order this one. The changes in the Editions, at the Introductory level of this book, are miniscule. Only screen shots have changed.
Order an Autographed Copy for $48 ($45 via PayPal)
Order via Amazon
Order a copy for $39.99 via Lulu.com
Order an Electronic Version for $13.95 ($12.95 via PayPal)
Learn to Program with Visual C# 2005 Express
ISBN: Not Assigned Yet (Smiley Publishing, April 7, 2008)
Order an Autographed Copy for $48 ($45 via PayPal)
Order a copy for $39.99 via Lulu.com
Order an Electronic Version for $13.95 ($12.95 via PayPal)
Learn to Program with VB.Net 2005 Express
ISBN: Not Assigned Yet (Smiley Publishing, May 16, 2007)
Order an Autographed Copy for $48 ($45 via PayPal)
Order a copy for $39.99 via Lulu.com
Order an Electronic Version for $13.95 ($12.95 via PayPal)
Learn to Program with JavaScript
ISBN: 978-1-84728-999-1 (Smiley Publishing, September 20, 2006)
Order an Autographed Copy for $48 ($45 via PayPal)
Order via Amazon
Order a copy for $39.99 via Lulu.com
Order an Electronic Version for $13.95 ($12.95 via PayPal)
Learn to Program with C++ (using the Borland C++ Batch Compiler)
Original ISBN: 0072-225-351 (Osborne/McGraw Hill, April 23, 2002)
ISBN: Pending: (Smiley Publishing, February 14, 2007)
Order an Autographed Copy for $48 ($45 via PayPal)
Order a copy for $39.99 via Lulu.com
Order an Electronic Version for $13.95 ($12.95 via PayPal)
Read a sample chapter (Chapter 6)
View Table of Contents
Learn to Program with C# (using the .Net C# Batch Compiler)
Original ISBN: 0072-222-611 (Osborne/McGraw Hill, April 23, 2002)
ISBN: Pending: (Smiley Publishing, December 11, 2006)
Order an Autographed Copy for $48 ($45 via PayPal)
Order a copy for $39.99 via Lulu.com
Order an Electronic Version for $13.95 ($12.95 via PayPal)
Read an article on Installing and configuring the C# Batch compiler
View Table of Contents
Learn to Program with Java
Original ISBN: 0072-131-896 (Osborne/McGraw Hill, November 2, 2001)
ISBN: Pending: (Smiley Publishing, August 13, 2007)
Order an Autographed Copy for $48 ($45 via PayPal)
Order a copy for $39.99 via Lulu.com
Order an Electronic Version for $13.95 ($12.95 via PayPal)
Read an article on Installing the Java Development Kit
Read the bonus chapter, Chapter 14 on Applet Creation, which is not in the book
Read a sample chapter (Chapter 7)
View Table of Contents
Learn to Program with Visual Basic.Net 2002/2003
Original ISBN: 0072-131-772 (Osborne/McGraw Hill, January 11, 2002)
ISBN: Pending: (Smiley Publishing, February 14, 2007)
Order an Autographed Copy for $48 ($45 via PayPal)
Order a copy for $39.99 via Lulu.com
Order an Electronic Version for $13.95 ($12.95 via PayPal)
Read a sample chapter (Chapter 8)
View Table of Contents
Learn to Program with Visual Basic Objects
Original ISBN: 1902-745-048 (Wrox Press, December 1, 1999)
ISBN: 1929-685-165 (Course Technology, March 1, 2001)
Order an Autographed Copy for $48 (Sorry, sold out)
Order via Amazon
Download the China Shop Project as of the end of the Intro book/beginning of this book
View Table of Contents
Learn to Program with Visual Basic Databases
Original ISBN: 1902-745-035 (Wrox Press, July 1, 1999)
ISBN: 1929-685-157 (Course Technology, March 1, 2001)
Order an Autographed Copy for $48 ($45 via PayPal) Hurry, only 1 left!
Order via Amazon
View Table of Contents
Learn to Program with Visual Basic Examples
Original ISBN: 1902-745-06X (Wrox Press, May 1, 1999)
ISBN: 1929-685-157 (Course Technology, March 1, 2001)
Order an Autographed Copy for $38 (Sorry, sold out)
Order via Amazon
Learn to Program with Visual Basic 6
Original ISBN: 1902-745-000 (Wrox Press, November 30, 1998)
ISBN: 1590-591-518 (Apress, July 3, 2003)
Now being published by Smiley Publishing (September 1, 2007)
Order an Autographed Copy for $48 (Sorry, sold out)
Order via Amazon
Order via Lulu.com (Coming soon!)
View Table of Contents
Showing posts with label Java. Show all posts
Showing posts with label Java. Show all posts
Monday, February 9, 2009
Saturday, January 17, 2009
My Computer Programming Internet Courses
A lot of people don't realize that I teach Internet based Computer Programming Courses.
I teach courses in a variety of popular, up-to-date languages such as Visual Basic, C#, C++, Java and HTML.
The courses are convenient, since they are Internet based you don't have to 'be' somewhere at a particular place and time.
Except for 1 hour per week, the course is totally message board based using my Moodle (Open Source) electronic classroom.
1 time per week I host an interactive chat where you can talk with me and the other students in the class.
My courses are not free, but they are cheaper than College Courses---plus, you get the benefit of being taught by a popular author and consultant. Many of my courses use my best selling books at the course textbook.
Each course gives you a chance to practice with programming assignments and quizzes.
You can take my courses when they are scheduled---regularly throughout the year---or self-paced versions of the courses where you work at your own pace.
I also offer a yearly subscription to my courses wherein you can pay a single fee and take as many courses as you want for a full year.
A great feature of my courses is that, unlike other training venues, I never cancel a course---they are always held, regardless of the number of students who sign up. I'll hold a course for a single student, which can be a very intimate learning experience.
For more information on my courses, follow this link.
http://www.johnsmiley.com/main/training.htm
I teach courses in a variety of popular, up-to-date languages such as Visual Basic, C#, C++, Java and HTML.
The courses are convenient, since they are Internet based you don't have to 'be' somewhere at a particular place and time.
Except for 1 hour per week, the course is totally message board based using my Moodle (Open Source) electronic classroom.
1 time per week I host an interactive chat where you can talk with me and the other students in the class.
My courses are not free, but they are cheaper than College Courses---plus, you get the benefit of being taught by a popular author and consultant. Many of my courses use my best selling books at the course textbook.
Each course gives you a chance to practice with programming assignments and quizzes.
You can take my courses when they are scheduled---regularly throughout the year---or self-paced versions of the courses where you work at your own pace.
I also offer a yearly subscription to my courses wherein you can pay a single fee and take as many courses as you want for a full year.
A great feature of my courses is that, unlike other training venues, I never cancel a course---they are always held, regardless of the number of students who sign up. I'll hold a course for a single student, which can be a very intimate learning experience.
For more information on my courses, follow this link.
http://www.johnsmiley.com/main/training.htm
Saturday, December 13, 2008
Monday, November 3, 2008
Does anyone really read these? Oracle Trial Software Download agreement
Does anyone really read these?
ORACLE LICENSE AND SERVICES AGREEMENT
A. Agreement Definitions"You" and "your" refers to the individual or entity that has executed this agreement ("agreement") and ordered programs and/or services from Oracle USA, Inc. ("Oracle") or an authorized distributor. The term "programs" refers to the software products owned or distributed by Oracle which you have ordered, program documentation, and any program updates acquired through technical support. The term "services" refers to technical support, education, outsourcing, consulting or other services which you have ordered.
B. Applicability of AgreementThis agreement is valid for the order to which this agreement accompanies.
C. Rights GrantedUpon Oracle's acceptance of your order, you have the limited right to use the programs and receive any services you ordered solely for your internal business operations and subject to the terms of this agreement, including the definitions and rules set forth in the order and the program documentation. You may allow your agents and contractors to use the programs for this purpose and you are responsible for their compliance with this agreement in such use. If accepted, Oracle will notify you and this notice will include a copy of your agreement. Program documentation is either delivered with the programs, or you may access the documentation online at http://oracle.com/contracts. Services are provided based on Oracle's policies for the applicable services ordered, which are subject to change, and the specific policies applicable to you, and how to access them, will be specified on your order. Upon payment for services, you will have a perpetual, non-exclusive, non-assignable, royalty free license to use for your internal business operations anything developed by Oracle and delivered to you under this agreement; however, certain deliverables may be subject to additional license terms provided in the ordering document.
The services provided under this agreement may be related to your license to use programs which you acquire under a separate order. The agreement referenced in that order shall govern your use of such programs. Any services acquired from Oracle are bid separately from such program licenses, and you may acquire either services or such program licenses without acquiring the other.
D. Ownership and RestrictionsOracle retains all ownership and intellectual property rights to the programs and anything developed by Oracle and delivered to you under this agreement 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.
You may not:· remove or modify any program markings or any notice of Oracle's proprietary rights;· make the programs 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 programs; or· disclose results of any program benchmark tests without Oracle's prior written consent.
E. Warranties, Disclaimers and Exclusive RemediesOracle warrants that a program licensed to you will operate in all material respects as described in the applicable program documentation for one year after delivery. You must notify Oracle of any program warranty deficiency within one year after delivery. Oracle also warrants that services ordered will be provided in a professional manner consistent with industry standards. You must notify Oracle of any services warranty deficiencies within 90 days from performance of the services described in the ordering document.
ORACLE DOES NOT GUARANTEE THAT THE PROGRAMS WILL PERFORM ERROR-FREE OR UNINTERRUPTED OR THAT ORACLE WILL CORRECT ALL PROGRAM ERRORS. 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, YOUR EXCLUSIVE REMEDY, AND ORACLE'S ENTIRE LIABILITY, SHALL BE: (A) THE CORRECTION OF PROGRAM ERRORS THAT CAUSE BREACH OF THE WARRANTY, OR IF ORACLE CANNOT SUBSTANTIALLY CORRECT SUCH BREACH IN A COMMERCIALLY REASONABLE MANNER, YOU MAY END YOUR PROGRAM LICENSE AND RECOVER THE FEES PAID TO ORACLE FOR THE PROGRAM LICENSE AND ANY UNUSED, PREPAID TECHNICAL SUPPORT FEES YOU HAVE PAID FOR THE PROGRAM LICENSE; OR (B) THE REPERFORMANCE OF THE DEFICIENT SERVICES, OR IF ORACLE CANNOT SUBSTANTIALLY CORRECT A BREACH IN A COMMERCIALLY REASONABLE MANNER, YOU MAY END THE RELEVANT SERVICES AND RECOVER THE FEES PAID TO ORACLE FOR THE DEFICIENT SERVICES.
F. Trial ProgramsYou may order trial programs, or Oracle may include additional programs with your order which you may use for trial, non-production purposes only. You may not use the trial programs to provide or attend third party training on the content and/or functionality of the programs. You have 30 days from the delivery date to evaluate these programs. If you decide to use any of these programs after the 30 day trial period, you must obtain a license for such programs from Oracle or an authorized distributor. If you decide not to obtain a license for any program after the 30 day trial period, you will cease using and will delete any such programs from your computer systems. Programs licensed for trial purposes are provided "as is" and Oracle does not provide technical support or offer any warranties for these programs.
G. IndemnificationIf someone makes a claim against either you or Oracle ("Recipient" which may refer to you or Oracle depending upon which party received the Material), that any information, design, specification, instruction, software, data, or material ("Material") furnished by either you or Oracle ("Provider" which may refer to you or Oracle depending on which party provided the Material), and used by the Recipient infringes its intellectual property rights, the Provider will indemnify the Recipient against the claim if the Recipient does the following:
· notifies the Provider promptly in writing, not later than 30 days after the Recipient receives notice of the claim (or sooner if required by applicable law);· gives the Provider sole control of the defense 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 its 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 and any unused, prepaid technical support fees you have paid for the license. If you are the Provider and such return materially affects Oracle's ability to meet its obligations under the relevant order, then Oracle 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, data, or material not furnished by the Provider. Oracle will not indemnify you to the extent that an infringement claim is based upon the combination of any Material with any products or services not provided by Oracle. This section provides the parties' exclusive remedy for any infringement claims or damages.
H. Technical SupportFor purposes of the ordering document, technical support consists of annual technical support services you may have ordered. If ordered, annual technical support (including first year and all subsequent years) is provided under Oracle's technical support policies in effect at the time the services are provided. The technical support policies, incorporated in this agreement, are subject to change at Oracle's discretion; however, Oracle will not materially reduce the level of services provided for supported programs during the period for which fees for technical support have been paid. You should review the policies prior to entering into the ordering document for the applicable services. You may access the current version of the technical support policies at http://oracle.com/contracts.
Technical support is effective upon the effective date of the ordering document unless otherwise stated in your order. If your order was placed through the Oracle Store, the effective date is the date your order was accepted by Oracle.
Technical support acquired with your order may be renewed annually and, if you renew technical support for the same number of licenses for the same programs, for the first and second renewal years the fee for technical support will not increase by more than 5% over the prior year's fees. If your order is fulfilled by a member of Oracle's partner program, the fee for technical support for the first renewal year will be the price quoted to you by your partner; the fee for technical support for the second renewal year will not increase by more than 5% over the prior year's fees.
If you decide to purchase technical support for any license within a license set, you are required to purchase technical support at the same level for all licenses within that license set. You may desupport a subset of licenses in a license set only if you agree to terminate that subset of licenses. The technical support fees for the remaining licenses will be priced in accordance with the technical support policies in effect at the time of termination. Oracle's license set definition is available in the current technical support policies. If you decide not to purchase technical support, you may not update any unsupported program licenses with new versions of the program.
Oracle reserves the right to desupport its programs or particular versions of its programs. You will be notified in advance when Oracle determines that a program is to be desupported. Such desupport notices, which are posted at Oracle's customer support web site, MetaLink (or Oracle's then current customer support web site), contain desupport dates, information about availability of Extended Support and Extended Maintenance Support and information about migration paths for certain features. The desupport notices are subject to change; Oracle will provide updated desupport notices on MetaLink (or Oracle's then current customer support web site) as necessary.
I. End of Agreement
If either of us breaches a material term of this agreement and fails to correct the breach within 30 days of written specification of the breach, the other party may terminate this agreement. If Oracle ends this agreement as specified in the preceding sentence or end the license for the program under the Indemnification section, you must pay within 30 days all amounts which have accrued prior to such end, as well as all sums remaining unpaid for programs ordered and/or services received under this agreement plus related taxes and expenses. Except for nonpayment of fees, we each agree to extend the 30 day period for so long as the breaching party continues reasonable efforts to cure the breach. You agree that if you are in default under this agreement, you may not use those programs and/or services ordered. You further agree that if you have used an Oracle Finance Division contract to pay for the fees due under an order and you are in default under that contract, you may not use the programs and/or services ordered and Oracle may end this agreement. Provisions that survive termination or expiration include those relating to limitation of liability, infringement indemnity, payment, and others which by their nature are intended to survive.
J. Fees and TaxesAll fees payable to Oracle are due within 30 days from the
invoice date. You agree to pay any sales, value-added or other similar taxes imposed by applicable law that Oracle must pay based on the programs 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. Fees for services listed in an ordering document are exclusive of taxes and expenses. You agree that you have not relied on the future availability of any programs or updates in entering into the payment obligations in your order.
K. NondisclosureBy virtue of this agreement, the parties may have access to information that is confidential to one another ("confidential information"). We each agree to disclose only information that is required for the performance of obligations under this agreement. Confidential information shall be limited to the terms and pricing under this agreement, and all information clearly identified as confidential.
A party's confidential information shall not include information that: (a) is or becomes a part of the public domain through no act or omission of the other party; (b) was in the other party's lawful possession prior to the disclosure and had not been obtained by the other party either directly or indirectly from the disclosing party; (c) is lawfully disclosed to the other party by a third party without restriction on the disclosure; or (d) is independently developed by the other party.
We each agree to hold each other's confidential information in confidence for a period of three years from the date of disclosure. Also, we each agree to disclose confidential information only to those employees or agents who are required to protect it against unauthorized disclosure. Nothing shall prevent either party from disclosing the terms or pricing under this agreement or orders submitted under this agreement in any legal proceeding arising from or in connection with this agreement or disclosing the information to a federal or state governmental entity as required by law.
L. Entire AgreementYou 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 programs and/or services ordered by you, and that this agreement supersedes all prior or contemporaneous agreements or representations, written or oral, regarding such programs 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 programs 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.
M. Limitation of LiabilityNEITHER 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 THIS AGREEMENT OR YOUR ORDER, WHETHER IN CONTRACT OR TORT, OR OTHERWISE, SHALL BE LIMITED TO THE AMOUNT OF THE FEES YOU PAID ORACLE UNDER THIS AGREEMENT, AND IF SUCH DAMAGES RESULT FROM YOUR USE OF PROGRAMS OR SERVICES, SUCH LIABILITY SHALL BE LIMITED TO THE FEES YOU PAID ORACLE FOR THE DEFICIENT PROGRAM OR SERVICES GIVING RISE TO THE LIABILITY.
N. ExportExport laws and regulations of the United States and any other relevant local export laws and regulations apply to the programs. You agree that such export control laws govern your use of the programs (including technical data) and any services deliverables provided under this agreement, and you agree to comply with all such export laws and regulations (including "deemed export" and "deemed 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.
O. OtherThis agreement is governed by the substantive and procedural laws of California and you and Oracle agree to submit to the exclusive jurisdiction of, and venue in, the courts in San Francisco, San Mateo, or Santa Clara counties in California in any dispute arising out of or relating to this agreement.
If you have a dispute with Oracle or if you wish to provide a notice under the Indemnification section of this agreement, or if you become subject to insolvency or other similar legal proceedings, you will promptly send written notice to: Oracle USA, Inc., 500 Oracle Parkway, Redwood City, California, United States, 94065, Attention: General Counsel, Legal Department.
You may not assign this agreement or give or transfer the programs and/or any services or an interest in them to another individual or entity. If you grant a security interest in the programs and/or any services deliverables, the secured party has no right to use or transfer the programs and/or any services deliverables, and if you decide to finance your acquisition of the programs and/or any services, you will follow Oracle's policies regarding financing which are at http://oracle.com/contracts.
Except for actions for nonpayment 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 programs. You agree to cooperate with Oracle's audit and provide reasonable assistance and access to information. You agree to pay within 30 days of written notification any fees applicable to your use of the programs 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.
The Uniform Computer Information Transactions Act does not apply to this agreement.
P. Force Majeure
Neither of us 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); other event outside the reasonable control of the obligated party. We both will use reasonable efforts to mitigate the effect of a force majeure event. If such event continues for more than 90 days, either of us 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.
Q. License Definitions and Rules
To fully understand your license grant, you need to review the definition for the licensing metric and term designation as well as the licensing rules which are listed below.
Adapter: is defined as each software code interface, installed on each Oracle 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 CD Packs: Please be advised that only a subset of the products included on an Applications NLS Supplement CD Pack have been translated. For existing supported customers, MetaLink has information on which products have been translated for the supported languages (http://metalink.oracle.com). For new or unsupported customers, please contact your Oracle Account Manager for this information.
Application User, Enterprise Asset Management (EAM) User, Field Sales User, Financials User, Inventory/Shipping User, Marketing User, Manufacturing User, Purchasing User, TeleSales 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 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 dates for your entire employee population.
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.
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 Web Conferencing 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.
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.
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 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.)
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. Your human resource personnel that require access to the Oracle Self Service Human Resources program may not be licensed as Employee Users, but must be licensed as Professional Users. Additionally, your technical support personnel that require access to the Oracle iSupport program may not be licensed as Employee Users, but must be licensed as Professional Users.
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.
Federated Link: is defined as a one-to-one pairing between a source domain and a destination domain. A source domain is the point of origin for a request. A destination domain contains the resource that users from source domains want to access. One source domain might have many pairings with different destination domains and one destination domain might have many pairings with different source domains. Each and every pairing is a federated link.
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.
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.
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.
iLearning Subscription: is defined as a web based learning environment that is made available to you subject to the terms of this agreement and Oracle's iLearning Subscription Policies. Oracle's iLearning Subscription Policies may be accessed at http://oracle.com/contracts, and may be updated by Oracle from time to time without notice to you.
Implementation Services, Packaged Methods, Architecture Services, Accelerator Services, Assessment Services and WorkshopsEach Implementation Service, Packaged Method, Architecture Service, Accelerator Service, Assessment Service and Workshop is provided subject to the statement of obligation for that particular offering and Oracle's consulting services policies. Oracle's consulting services policies may be accessed at http://oracle.com/contracts, and are subject to change.
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.
Learning Credits: may be used to acquire education products and services offered in the Oracle University online catalogue posted at www.oracle.com/education under the terms specified therein. 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 order the relevant product or service. The list price will be reduced by applying the discount specified above. Notwithstanding anything to the contrary in the previous three sentences, learning credits may also be used to pay taxes, materials and/or expenses related to your order; however, the discount specified above will not be applied to such taxes, materials and/or expenses. Learning credits are valid for a period of 12 months from the date your order is accepted by Oracle, and you must acquire products and must use any acquired services prior to the end of such period. You may only use learning credits in the country in which you acquired them, may not use them as a payment method for additional learning credits, and may not use different learning credits accounts to acquire a single product or service or to pay related taxes, materials and/or expenses. Learning credits are non-transferable and non-assignable. You may be required to execute standard Oracle ordering materials when using learning credits to order products or services.
$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 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.
Membership: is defined as an individual authorized by you to access the hosted service, regardless of whether the individual is accessing the hosted service at any given time.
Module: is defined as each production database running the programs.
Named User Plus: 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. 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.
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 Finance Division 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.
Oracle University Knowledge Center Service: is defined as a web based learning environment hosted by Oracle that provides on demand access to either an individual Oracle University training course ("Online Course") or to all of the Oracle University training courses available on the Knowledge Center website ("Passport"). The Oracle University Knowledge Center service is available at http://www.oracle.com/education/oukc/, and is made available to you subject to the terms of this agreement and Oracle University's Online Hosting Access Policies, which are located at http://www.oracle.com/education/oukc/hosting_policies.html and may be updated by Oracle from time to time without notice to you. Online Courses are made available on a named user basis, and the Passport is made available on a membership basis. In the event that any Oracle programs are made available for download as part of the service, then use of such programs is subject to the terms of this agreement. If you acquire the Oracle University Knowledge Center service, the term shall be one year from the effective date of your order. NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THE AGREEMENT, ORACLE DOES NOT WARRANT THAT THE ORACLE UNIVERSITY KNOWLEDGE CENTER SERVICE WILL BE PROVIDED UNINTERRUPTED OR ERROR-FREE.
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 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 Time and Labor, a person is defined as an employee or contractor whose time or labor (piece work) or absences are managed by the application. For Project Resource Management, a person is defined as an individual who is scheduled on a project. For Internet Time, a person is defined as an individual who is charging time to a project via the application. 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.
Ported Number: is defined as the telephone number that end users retain as they change from one service provider to 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 third party users. For the purposes of counting the number of processors which require licensing, a multicore chip with "n" processor cores shall be counted as "n" processors. For the Healthcare Transaction Base program, only the processors on which Internet Application Server Enterprise Edition and this program are installed and/or running are counted for the purpose of determining the number of licenses required. For the iSupport, iStore and Configurator programs, only the processors on which Internet Application Server (Standard Edition and/or Enterprise Edition) and the licensed program are running are 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. With respect to the Customer Data Hub program, in determining the number of licenses required, only processors on which both Oracle Database Enterprise Edition and the Customer Data Hub program are running in production shall be counted.
Professional User: is defined as an individual authorized by you to use the application 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. For the purposes of Order Management, Advanced Pricing and Purchasing, Professional Users are allowed to manually enter orders directly into these programs but any orders transmitted or executed electronically (via EDI, XML or other electronic means including purchase orders transmitted from Oracle Purchasing) must be licensed separately.
Professional User � External : is defined as an individual, who is not your employee, contractor or outsourcer, authorized by you to use the application 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. For the purposes of Order Management, Advanced Pricing and Purchasing, Professional Users � External are allowed to manually enter orders directly into these programs but any orders transmitted or executed electronically (via EDI, XML or other electronic means including purchase orders transmitted from Oracle Purchasing) must be licensed separately.
Professional User 2003: is defined as an individual authorized by you to use the application 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. Professional Users 2003 are allowed to manually enter orders directly into the programs but any orders entered electronically into Order Management from other sources must be licensed separately.
Professional User 2003 � External: is defined as an individual, who is not your employee, contractor or outsourcer, authorized by you to use the application 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. Professional Users 2003 � External are allowed to manually enter orders directly into the programs but any orders entered electronically into Order Management from other sources must be licensed separately.
Program Documentation: is defined as the program user manual and program installation manuals.
Purchase Line: is defined as the total number of purchase line items processed by the application during a 12 month period. Multiple purchase lines may be created on either a requisition or purchase order or may be automatically generated by other Oracle Application programs. For iProcurement, Purchase Lines are counted as all line items on an approved requisition created in iProcurement. For Purchasing Intelligence, Purchase Lines are counted as the line items on purchase orders processed through this application. This does not include communication on the same purchase order. For each application, you may not exceed the licensed number of Purchase Lines during any 12 month period unless you acquire additional Purchase Line licenses from us. You may acquire a different number of Purchase Line licenses for each program (the number of Purchase Lines for iProcurement could be a smaller number than for Purchasing Intelligence).
$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.
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.
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.
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.
Technical Reference ManualsTechnical Reference Manuals ("TRMs") 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.
Trainee: is defined as an employee, contractor, student or other person who is being recorded by the program.
Workstation: is defined as the client computer from which the programs are being accessed, regardless of where the program is installed.
Term DesignationIf 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 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
Failover: Your license for the following programs, Oracle Database (Enterprise Edition, Standard Edition or Standard Edition One) and Oracle Internet Application Server (Enterprise Edition, Standard Edition, Standard Edition One or Java Edition) 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. Any use beyond the right granted in the previous sentence must be licensed separately and the same license metric must be used when licensing the program(s).
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.
Primary Usage: is defined as each licensed user of the following applications: Financials, Discrete Manufacturing, Process Manufacturing, Project Costing and Purchasing. Each licensed user is counted only once based on primary usage. You must specify how many users you are licensing for each application. Primary Usage of one of the applications listed above provides the licensed user with the right to use any or all of the other application programs listed above for which you are licensed. This concept also applies to Application Read-Only Users. Each Application Read-Only User of any of the applications listed above has the right to use any or all of the other application programs listed above for which you have also acquired Application Read-Only User licenses. Primary Usage does not provide you with the right to use other application programs including the extensions or options to the application programs listed above.
You are responsible for ensuring that the following restrictions are not violated:· Oracle Database Standard Edition may only be used on machines which have the ability to run a maximum of four processors or on a cluster of machines supporting up to a maximum of four processors per cluster.· Oracle Standard Edition One and Internet Application Server Standard Edition One may only be used on machines which have the ability to run a maximum of two processors.· The number of TRACE licenses (Rdb Server Option) must match the number of licenses of the associated database.· The number of Diagnostics Pack and/or Configuration Management Pack licenses must match the number of licenses of the associated Internet Application Server program (Enterprise Edition, Standard Edition or Java Edition). The number of Identity Management licenses must match the number of licenses of the associated Internet Application Server Standard Edition program.· Application licensing prerequisites as specified in the Applications Licensing Table which may be accessed at http://oracle.com/contracts.
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 Users Plus per Processor
Rdb Enterprise Edition 25 Named Users Plus per Processor
CODASYL DBMS 25 Named Users Plus per Processor
TopLink and Application Development Framework 10 Named Users Plus per Processor
Internet Application Server Java Edition 10 Named Users Plus per Processor
Internet Application Server Standard Edition One 10 Named Users Plus per Processor
Internet Application Server Standard Edition 10 Named Users Plus per Processor
Internet Application Server Enterprise Edition 10 Named Users Plus per Processor
BPEL Process Manager 10 Named Users Plus per Processor
Portal 10 Named Users Plus per Processor
Identity Management 10 Named Users Plus per Processor
Integration 10 Named Users Plus per Processor
Business Intelligence 10 Named Users Plus per Processor
Forms and Reports 10 Named Users Plus per Processor
Web Services Manager 10 Named Users Plus per Processor
XML Publisher 10 Named Users Plus per Processor
Program Named User Plus MaximumPersonal Edition 1 Named User Plus per database
The number of licenses for the programs listed below must match the number of licenses of the associated database and if you purchase Named User Plus licenses for these programs, you must maintain, at a minimum, 25 Named Users Plus per Processor per associated database:Real Application Clusters, Partitioning, OLAP, Data Mining, Spatial, Advanced Security, Label Security, Diagnostics Pack, Tuning Pack, Change Management Pack, Configuration Management Pack.
ORACLE LICENSE AND SERVICES AGREEMENT
A. Agreement Definitions"You" and "your" refers to the individual or entity that has executed this agreement ("agreement") and ordered programs and/or services from Oracle USA, Inc. ("Oracle") or an authorized distributor. The term "programs" refers to the software products owned or distributed by Oracle which you have ordered, program documentation, and any program updates acquired through technical support. The term "services" refers to technical support, education, outsourcing, consulting or other services which you have ordered.
B. Applicability of AgreementThis agreement is valid for the order to which this agreement accompanies.
C. Rights GrantedUpon Oracle's acceptance of your order, you have the limited right to use the programs and receive any services you ordered solely for your internal business operations and subject to the terms of this agreement, including the definitions and rules set forth in the order and the program documentation. You may allow your agents and contractors to use the programs for this purpose and you are responsible for their compliance with this agreement in such use. If accepted, Oracle will notify you and this notice will include a copy of your agreement. Program documentation is either delivered with the programs, or you may access the documentation online at http://oracle.com/contracts. Services are provided based on Oracle's policies for the applicable services ordered, which are subject to change, and the specific policies applicable to you, and how to access them, will be specified on your order. Upon payment for services, you will have a perpetual, non-exclusive, non-assignable, royalty free license to use for your internal business operations anything developed by Oracle and delivered to you under this agreement; however, certain deliverables may be subject to additional license terms provided in the ordering document.
The services provided under this agreement may be related to your license to use programs which you acquire under a separate order. The agreement referenced in that order shall govern your use of such programs. Any services acquired from Oracle are bid separately from such program licenses, and you may acquire either services or such program licenses without acquiring the other.
D. Ownership and RestrictionsOracle retains all ownership and intellectual property rights to the programs and anything developed by Oracle and delivered to you under this agreement 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.
You may not:· remove or modify any program markings or any notice of Oracle's proprietary rights;· make the programs 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 programs; or· disclose results of any program benchmark tests without Oracle's prior written consent.
E. Warranties, Disclaimers and Exclusive RemediesOracle warrants that a program licensed to you will operate in all material respects as described in the applicable program documentation for one year after delivery. You must notify Oracle of any program warranty deficiency within one year after delivery. Oracle also warrants that services ordered will be provided in a professional manner consistent with industry standards. You must notify Oracle of any services warranty deficiencies within 90 days from performance of the services described in the ordering document.
ORACLE DOES NOT GUARANTEE THAT THE PROGRAMS WILL PERFORM ERROR-FREE OR UNINTERRUPTED OR THAT ORACLE WILL CORRECT ALL PROGRAM ERRORS. 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, YOUR EXCLUSIVE REMEDY, AND ORACLE'S ENTIRE LIABILITY, SHALL BE: (A) THE CORRECTION OF PROGRAM ERRORS THAT CAUSE BREACH OF THE WARRANTY, OR IF ORACLE CANNOT SUBSTANTIALLY CORRECT SUCH BREACH IN A COMMERCIALLY REASONABLE MANNER, YOU MAY END YOUR PROGRAM LICENSE AND RECOVER THE FEES PAID TO ORACLE FOR THE PROGRAM LICENSE AND ANY UNUSED, PREPAID TECHNICAL SUPPORT FEES YOU HAVE PAID FOR THE PROGRAM LICENSE; OR (B) THE REPERFORMANCE OF THE DEFICIENT SERVICES, OR IF ORACLE CANNOT SUBSTANTIALLY CORRECT A BREACH IN A COMMERCIALLY REASONABLE MANNER, YOU MAY END THE RELEVANT SERVICES AND RECOVER THE FEES PAID TO ORACLE FOR THE DEFICIENT SERVICES.
F. Trial ProgramsYou may order trial programs, or Oracle may include additional programs with your order which you may use for trial, non-production purposes only. You may not use the trial programs to provide or attend third party training on the content and/or functionality of the programs. You have 30 days from the delivery date to evaluate these programs. If you decide to use any of these programs after the 30 day trial period, you must obtain a license for such programs from Oracle or an authorized distributor. If you decide not to obtain a license for any program after the 30 day trial period, you will cease using and will delete any such programs from your computer systems. Programs licensed for trial purposes are provided "as is" and Oracle does not provide technical support or offer any warranties for these programs.
G. IndemnificationIf someone makes a claim against either you or Oracle ("Recipient" which may refer to you or Oracle depending upon which party received the Material), that any information, design, specification, instruction, software, data, or material ("Material") furnished by either you or Oracle ("Provider" which may refer to you or Oracle depending on which party provided the Material), and used by the Recipient infringes its intellectual property rights, the Provider will indemnify the Recipient against the claim if the Recipient does the following:
· notifies the Provider promptly in writing, not later than 30 days after the Recipient receives notice of the claim (or sooner if required by applicable law);· gives the Provider sole control of the defense 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 its 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 and any unused, prepaid technical support fees you have paid for the license. If you are the Provider and such return materially affects Oracle's ability to meet its obligations under the relevant order, then Oracle 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, data, or material not furnished by the Provider. Oracle will not indemnify you to the extent that an infringement claim is based upon the combination of any Material with any products or services not provided by Oracle. This section provides the parties' exclusive remedy for any infringement claims or damages.
H. Technical SupportFor purposes of the ordering document, technical support consists of annual technical support services you may have ordered. If ordered, annual technical support (including first year and all subsequent years) is provided under Oracle's technical support policies in effect at the time the services are provided. The technical support policies, incorporated in this agreement, are subject to change at Oracle's discretion; however, Oracle will not materially reduce the level of services provided for supported programs during the period for which fees for technical support have been paid. You should review the policies prior to entering into the ordering document for the applicable services. You may access the current version of the technical support policies at http://oracle.com/contracts.
Technical support is effective upon the effective date of the ordering document unless otherwise stated in your order. If your order was placed through the Oracle Store, the effective date is the date your order was accepted by Oracle.
Technical support acquired with your order may be renewed annually and, if you renew technical support for the same number of licenses for the same programs, for the first and second renewal years the fee for technical support will not increase by more than 5% over the prior year's fees. If your order is fulfilled by a member of Oracle's partner program, the fee for technical support for the first renewal year will be the price quoted to you by your partner; the fee for technical support for the second renewal year will not increase by more than 5% over the prior year's fees.
If you decide to purchase technical support for any license within a license set, you are required to purchase technical support at the same level for all licenses within that license set. You may desupport a subset of licenses in a license set only if you agree to terminate that subset of licenses. The technical support fees for the remaining licenses will be priced in accordance with the technical support policies in effect at the time of termination. Oracle's license set definition is available in the current technical support policies. If you decide not to purchase technical support, you may not update any unsupported program licenses with new versions of the program.
Oracle reserves the right to desupport its programs or particular versions of its programs. You will be notified in advance when Oracle determines that a program is to be desupported. Such desupport notices, which are posted at Oracle's customer support web site, MetaLink (or Oracle's then current customer support web site), contain desupport dates, information about availability of Extended Support and Extended Maintenance Support and information about migration paths for certain features. The desupport notices are subject to change; Oracle will provide updated desupport notices on MetaLink (or Oracle's then current customer support web site) as necessary.
I. End of Agreement
If either of us breaches a material term of this agreement and fails to correct the breach within 30 days of written specification of the breach, the other party may terminate this agreement. If Oracle ends this agreement as specified in the preceding sentence or end the license for the program under the Indemnification section, you must pay within 30 days all amounts which have accrued prior to such end, as well as all sums remaining unpaid for programs ordered and/or services received under this agreement plus related taxes and expenses. Except for nonpayment of fees, we each agree to extend the 30 day period for so long as the breaching party continues reasonable efforts to cure the breach. You agree that if you are in default under this agreement, you may not use those programs and/or services ordered. You further agree that if you have used an Oracle Finance Division contract to pay for the fees due under an order and you are in default under that contract, you may not use the programs and/or services ordered and Oracle may end this agreement. Provisions that survive termination or expiration include those relating to limitation of liability, infringement indemnity, payment, and others which by their nature are intended to survive.
J. Fees and TaxesAll fees payable to Oracle are due within 30 days from the
invoice date. You agree to pay any sales, value-added or other similar taxes imposed by applicable law that Oracle must pay based on the programs 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. Fees for services listed in an ordering document are exclusive of taxes and expenses. You agree that you have not relied on the future availability of any programs or updates in entering into the payment obligations in your order.
K. NondisclosureBy virtue of this agreement, the parties may have access to information that is confidential to one another ("confidential information"). We each agree to disclose only information that is required for the performance of obligations under this agreement. Confidential information shall be limited to the terms and pricing under this agreement, and all information clearly identified as confidential.
A party's confidential information shall not include information that: (a) is or becomes a part of the public domain through no act or omission of the other party; (b) was in the other party's lawful possession prior to the disclosure and had not been obtained by the other party either directly or indirectly from the disclosing party; (c) is lawfully disclosed to the other party by a third party without restriction on the disclosure; or (d) is independently developed by the other party.
We each agree to hold each other's confidential information in confidence for a period of three years from the date of disclosure. Also, we each agree to disclose confidential information only to those employees or agents who are required to protect it against unauthorized disclosure. Nothing shall prevent either party from disclosing the terms or pricing under this agreement or orders submitted under this agreement in any legal proceeding arising from or in connection with this agreement or disclosing the information to a federal or state governmental entity as required by law.
L. Entire AgreementYou 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 programs and/or services ordered by you, and that this agreement supersedes all prior or contemporaneous agreements or representations, written or oral, regarding such programs 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 programs 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.
M. Limitation of LiabilityNEITHER 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 THIS AGREEMENT OR YOUR ORDER, WHETHER IN CONTRACT OR TORT, OR OTHERWISE, SHALL BE LIMITED TO THE AMOUNT OF THE FEES YOU PAID ORACLE UNDER THIS AGREEMENT, AND IF SUCH DAMAGES RESULT FROM YOUR USE OF PROGRAMS OR SERVICES, SUCH LIABILITY SHALL BE LIMITED TO THE FEES YOU PAID ORACLE FOR THE DEFICIENT PROGRAM OR SERVICES GIVING RISE TO THE LIABILITY.
N. ExportExport laws and regulations of the United States and any other relevant local export laws and regulations apply to the programs. You agree that such export control laws govern your use of the programs (including technical data) and any services deliverables provided under this agreement, and you agree to comply with all such export laws and regulations (including "deemed export" and "deemed 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.
O. OtherThis agreement is governed by the substantive and procedural laws of California and you and Oracle agree to submit to the exclusive jurisdiction of, and venue in, the courts in San Francisco, San Mateo, or Santa Clara counties in California in any dispute arising out of or relating to this agreement.
If you have a dispute with Oracle or if you wish to provide a notice under the Indemnification section of this agreement, or if you become subject to insolvency or other similar legal proceedings, you will promptly send written notice to: Oracle USA, Inc., 500 Oracle Parkway, Redwood City, California, United States, 94065, Attention: General Counsel, Legal Department.
You may not assign this agreement or give or transfer the programs and/or any services or an interest in them to another individual or entity. If you grant a security interest in the programs and/or any services deliverables, the secured party has no right to use or transfer the programs and/or any services deliverables, and if you decide to finance your acquisition of the programs and/or any services, you will follow Oracle's policies regarding financing which are at http://oracle.com/contracts.
Except for actions for nonpayment 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 programs. You agree to cooperate with Oracle's audit and provide reasonable assistance and access to information. You agree to pay within 30 days of written notification any fees applicable to your use of the programs 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.
The Uniform Computer Information Transactions Act does not apply to this agreement.
P. Force Majeure
Neither of us 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); other event outside the reasonable control of the obligated party. We both will use reasonable efforts to mitigate the effect of a force majeure event. If such event continues for more than 90 days, either of us 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.
Q. License Definitions and Rules
To fully understand your license grant, you need to review the definition for the licensing metric and term designation as well as the licensing rules which are listed below.
Adapter: is defined as each software code interface, installed on each Oracle 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 CD Packs: Please be advised that only a subset of the products included on an Applications NLS Supplement CD Pack have been translated. For existing supported customers, MetaLink has information on which products have been translated for the supported languages (http://metalink.oracle.com). For new or unsupported customers, please contact your Oracle Account Manager for this information.
Application User, Enterprise Asset Management (EAM) User, Field Sales User, Financials User, Inventory/Shipping User, Marketing User, Manufacturing User, Purchasing User, TeleSales 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 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 dates for your entire employee population.
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.
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 Web Conferencing 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.
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.
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 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.)
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. Your human resource personnel that require access to the Oracle Self Service Human Resources program may not be licensed as Employee Users, but must be licensed as Professional Users. Additionally, your technical support personnel that require access to the Oracle iSupport program may not be licensed as Employee Users, but must be licensed as Professional Users.
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.
Federated Link: is defined as a one-to-one pairing between a source domain and a destination domain. A source domain is the point of origin for a request. A destination domain contains the resource that users from source domains want to access. One source domain might have many pairings with different destination domains and one destination domain might have many pairings with different source domains. Each and every pairing is a federated link.
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.
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.
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.
iLearning Subscription: is defined as a web based learning environment that is made available to you subject to the terms of this agreement and Oracle's iLearning Subscription Policies. Oracle's iLearning Subscription Policies may be accessed at http://oracle.com/contracts, and may be updated by Oracle from time to time without notice to you.
Implementation Services, Packaged Methods, Architecture Services, Accelerator Services, Assessment Services and WorkshopsEach Implementation Service, Packaged Method, Architecture Service, Accelerator Service, Assessment Service and Workshop is provided subject to the statement of obligation for that particular offering and Oracle's consulting services policies. Oracle's consulting services policies may be accessed at http://oracle.com/contracts, and are subject to change.
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.
Learning Credits: may be used to acquire education products and services offered in the Oracle University online catalogue posted at www.oracle.com/education under the terms specified therein. 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 order the relevant product or service. The list price will be reduced by applying the discount specified above. Notwithstanding anything to the contrary in the previous three sentences, learning credits may also be used to pay taxes, materials and/or expenses related to your order; however, the discount specified above will not be applied to such taxes, materials and/or expenses. Learning credits are valid for a period of 12 months from the date your order is accepted by Oracle, and you must acquire products and must use any acquired services prior to the end of such period. You may only use learning credits in the country in which you acquired them, may not use them as a payment method for additional learning credits, and may not use different learning credits accounts to acquire a single product or service or to pay related taxes, materials and/or expenses. Learning credits are non-transferable and non-assignable. You may be required to execute standard Oracle ordering materials when using learning credits to order products or services.
$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 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.
Membership: is defined as an individual authorized by you to access the hosted service, regardless of whether the individual is accessing the hosted service at any given time.
Module: is defined as each production database running the programs.
Named User Plus: 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. 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.
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 Finance Division 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.
Oracle University Knowledge Center Service: is defined as a web based learning environment hosted by Oracle that provides on demand access to either an individual Oracle University training course ("Online Course") or to all of the Oracle University training courses available on the Knowledge Center website ("Passport"). The Oracle University Knowledge Center service is available at http://www.oracle.com/education/oukc/, and is made available to you subject to the terms of this agreement and Oracle University's Online Hosting Access Policies, which are located at http://www.oracle.com/education/oukc/hosting_policies.html and may be updated by Oracle from time to time without notice to you. Online Courses are made available on a named user basis, and the Passport is made available on a membership basis. In the event that any Oracle programs are made available for download as part of the service, then use of such programs is subject to the terms of this agreement. If you acquire the Oracle University Knowledge Center service, the term shall be one year from the effective date of your order. NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THE AGREEMENT, ORACLE DOES NOT WARRANT THAT THE ORACLE UNIVERSITY KNOWLEDGE CENTER SERVICE WILL BE PROVIDED UNINTERRUPTED OR ERROR-FREE.
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 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 Time and Labor, a person is defined as an employee or contractor whose time or labor (piece work) or absences are managed by the application. For Project Resource Management, a person is defined as an individual who is scheduled on a project. For Internet Time, a person is defined as an individual who is charging time to a project via the application. 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.
Ported Number: is defined as the telephone number that end users retain as they change from one service provider to 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 third party users. For the purposes of counting the number of processors which require licensing, a multicore chip with "n" processor cores shall be counted as "n" processors. For the Healthcare Transaction Base program, only the processors on which Internet Application Server Enterprise Edition and this program are installed and/or running are counted for the purpose of determining the number of licenses required. For the iSupport, iStore and Configurator programs, only the processors on which Internet Application Server (Standard Edition and/or Enterprise Edition) and the licensed program are running are 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. With respect to the Customer Data Hub program, in determining the number of licenses required, only processors on which both Oracle Database Enterprise Edition and the Customer Data Hub program are running in production shall be counted.
Professional User: is defined as an individual authorized by you to use the application 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. For the purposes of Order Management, Advanced Pricing and Purchasing, Professional Users are allowed to manually enter orders directly into these programs but any orders transmitted or executed electronically (via EDI, XML or other electronic means including purchase orders transmitted from Oracle Purchasing) must be licensed separately.
Professional User � External : is defined as an individual, who is not your employee, contractor or outsourcer, authorized by you to use the application 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. For the purposes of Order Management, Advanced Pricing and Purchasing, Professional Users � External are allowed to manually enter orders directly into these programs but any orders transmitted or executed electronically (via EDI, XML or other electronic means including purchase orders transmitted from Oracle Purchasing) must be licensed separately.
Professional User 2003: is defined as an individual authorized by you to use the application 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. Professional Users 2003 are allowed to manually enter orders directly into the programs but any orders entered electronically into Order Management from other sources must be licensed separately.
Professional User 2003 � External: is defined as an individual, who is not your employee, contractor or outsourcer, authorized by you to use the application 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. Professional Users 2003 � External are allowed to manually enter orders directly into the programs but any orders entered electronically into Order Management from other sources must be licensed separately.
Program Documentation: is defined as the program user manual and program installation manuals.
Purchase Line: is defined as the total number of purchase line items processed by the application during a 12 month period. Multiple purchase lines may be created on either a requisition or purchase order or may be automatically generated by other Oracle Application programs. For iProcurement, Purchase Lines are counted as all line items on an approved requisition created in iProcurement. For Purchasing Intelligence, Purchase Lines are counted as the line items on purchase orders processed through this application. This does not include communication on the same purchase order. For each application, you may not exceed the licensed number of Purchase Lines during any 12 month period unless you acquire additional Purchase Line licenses from us. You may acquire a different number of Purchase Line licenses for each program (the number of Purchase Lines for iProcurement could be a smaller number than for Purchasing Intelligence).
$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.
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.
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.
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.
Technical Reference ManualsTechnical Reference Manuals ("TRMs") 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.
Trainee: is defined as an employee, contractor, student or other person who is being recorded by the program.
Workstation: is defined as the client computer from which the programs are being accessed, regardless of where the program is installed.
Term DesignationIf 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 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
Failover: Your license for the following programs, Oracle Database (Enterprise Edition, Standard Edition or Standard Edition One) and Oracle Internet Application Server (Enterprise Edition, Standard Edition, Standard Edition One or Java Edition) 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. Any use beyond the right granted in the previous sentence must be licensed separately and the same license metric must be used when licensing the program(s).
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.
Primary Usage: is defined as each licensed user of the following applications: Financials, Discrete Manufacturing, Process Manufacturing, Project Costing and Purchasing. Each licensed user is counted only once based on primary usage. You must specify how many users you are licensing for each application. Primary Usage of one of the applications listed above provides the licensed user with the right to use any or all of the other application programs listed above for which you are licensed. This concept also applies to Application Read-Only Users. Each Application Read-Only User of any of the applications listed above has the right to use any or all of the other application programs listed above for which you have also acquired Application Read-Only User licenses. Primary Usage does not provide you with the right to use other application programs including the extensions or options to the application programs listed above.
You are responsible for ensuring that the following restrictions are not violated:· Oracle Database Standard Edition may only be used on machines which have the ability to run a maximum of four processors or on a cluster of machines supporting up to a maximum of four processors per cluster.· Oracle Standard Edition One and Internet Application Server Standard Edition One may only be used on machines which have the ability to run a maximum of two processors.· The number of TRACE licenses (Rdb Server Option) must match the number of licenses of the associated database.· The number of Diagnostics Pack and/or Configuration Management Pack licenses must match the number of licenses of the associated Internet Application Server program (Enterprise Edition, Standard Edition or Java Edition). The number of Identity Management licenses must match the number of licenses of the associated Internet Application Server Standard Edition program.· Application licensing prerequisites as specified in the Applications Licensing Table which may be accessed at http://oracle.com/contracts.
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 Users Plus per Processor
Rdb Enterprise Edition 25 Named Users Plus per Processor
CODASYL DBMS 25 Named Users Plus per Processor
TopLink and Application Development Framework 10 Named Users Plus per Processor
Internet Application Server Java Edition 10 Named Users Plus per Processor
Internet Application Server Standard Edition One 10 Named Users Plus per Processor
Internet Application Server Standard Edition 10 Named Users Plus per Processor
Internet Application Server Enterprise Edition 10 Named Users Plus per Processor
BPEL Process Manager 10 Named Users Plus per Processor
Portal 10 Named Users Plus per Processor
Identity Management 10 Named Users Plus per Processor
Integration 10 Named Users Plus per Processor
Business Intelligence 10 Named Users Plus per Processor
Forms and Reports 10 Named Users Plus per Processor
Web Services Manager 10 Named Users Plus per Processor
XML Publisher 10 Named Users Plus per Processor
Program Named User Plus MaximumPersonal Edition 1 Named User Plus per database
The number of licenses for the programs listed below must match the number of licenses of the associated database and if you purchase Named User Plus licenses for these programs, you must maintain, at a minimum, 25 Named Users Plus per Processor per associated database:Real Application Clusters, Partitioning, OLAP, Data Mining, Spatial, Advanced Security, Label Security, Diagnostics Pack, Tuning Pack, Change Management Pack, Configuration Management Pack.
Friday, November 1, 2002
My Java book to appear on the Sopranos!
I received word from my publisher that my Java book will be used in the context of the plot of HBO's Sopranos.
If you're familiar with the characters in the show, Svetlana, who will be taking care of Uncle Junior this year, will be using my book to teach herself Java and set up some kind of Web based business.
I'll let you know when I have a firm air date
If you're familiar with the characters in the show, Svetlana, who will be taking care of Uncle Junior this year, will be using my book to teach herself Java and set up some kind of Web based business.
I'll let you know when I have a firm air date
Monday, April 1, 2002
My Java book to appear on the Sopranos!
I received word from my publisher that my Java book will be used in the context of the plot of HBO's Sopranos.
If you're familiar with the characters in the show, Svetlana, who will be taking care of Uncle Junior this year, will be using my book to teach herself Java and set up some kind of Web based business.
I'll let you know when I have a firm air date.
If you're familiar with the characters in the show, Svetlana, who will be taking care of Uncle Junior this year, will be using my book to teach herself Java and set up some kind of Web based business.
I'll let you know when I have a firm air date.
Monday, March 5, 2001
Developer Career Tip #0039---The IT Training Academy
Developer Career Tips #0039
The IT Training Academy
I've written twice about a company called SetFocus.com, a company with headquarters in Parsippany, New Jersey, about 45 miles outside of Manhattan, that will provide you with a 13 week intensive Visual Basic training program---in exchange, you agree to work for them for the next 9 months as a paid consultant.
Many people, discouraged at the prospect of having to relocate to the Manhattan area, have written me emails asking me if there are other programs like SetFocus anywhere else in the country. To date, I've had to answer 'no'---I hadn't heard of any others until one of my students brought to my attention the IT Training Academy
http://academy.fdminc.com/
The IT Training Academy, part of the FDM Consulting group
http://www.fdmgroup.com/usa/index.htm
is similar in many ways to Setfocus, but not identical.
As was initially the case with SetFocus, about all I know of the IT Training Academy is what I can glean from their Web site---they offer an intense, six month training program (they concentrate on Web technologies such as Java and Oracle). Unlike SetFocus, the training is not free for everyone. The cost for the training is $11,000, and according to their web site, they will waive this fee from time to time as part of a sponsorship. If your training costs are waived, you must commit to work for the IT Training Academy at the end of your training period. Even if your training costs are not sponsored, you may also be asked to work at the end of your training period, but it's not guaranteed. SetFocus, on the other hand, guarantees you a position if you pass 2 of the 4 exams necessary to achieve the Microsoft Certified Solutions Developer Certification.
What apparently differentiate the IT Academy from SetFocus is that you don't necessarily have to relocate in order to take part in the training, but this can be deceiving. You have a choice of training at their facility (located in Raleigh North Carolina), or doing the majority of your training at home via the Internet--but you are required to spend some time at their North Carolina facility at the end of major potions of the program, and for the final few weeks of the program.
After that, if your training costs were sponsored, you'll be expected to commit to 1 year or so (really, until your training costs are paid) as a consultant--and travel is expected and customary. The bottom line: if you want to consider the IT Training Academy over SetFocus because you hope you won't have to relocate, that won't be the case. As I've mentioned, even if you study from home, you'll still need to travel to North Caroline, and if you accept a training sponsorship, you'll most likely be placed as a consultant somewhere on the East Coast. Even without a sponsorship, if you accept a position through the IT Academy, you'll be doing some traveling--they even provide you with a company car.
The IT Training Academy
I've written twice about a company called SetFocus.com, a company with headquarters in Parsippany, New Jersey, about 45 miles outside of Manhattan, that will provide you with a 13 week intensive Visual Basic training program---in exchange, you agree to work for them for the next 9 months as a paid consultant.
Many people, discouraged at the prospect of having to relocate to the Manhattan area, have written me emails asking me if there are other programs like SetFocus anywhere else in the country. To date, I've had to answer 'no'---I hadn't heard of any others until one of my students brought to my attention the IT Training Academy
http://academy.fdminc.com/
The IT Training Academy, part of the FDM Consulting group
http://www.fdmgroup.com/usa/index.htm
is similar in many ways to Setfocus, but not identical.
As was initially the case with SetFocus, about all I know of the IT Training Academy is what I can glean from their Web site---they offer an intense, six month training program (they concentrate on Web technologies such as Java and Oracle). Unlike SetFocus, the training is not free for everyone. The cost for the training is $11,000, and according to their web site, they will waive this fee from time to time as part of a sponsorship. If your training costs are waived, you must commit to work for the IT Training Academy at the end of your training period. Even if your training costs are not sponsored, you may also be asked to work at the end of your training period, but it's not guaranteed. SetFocus, on the other hand, guarantees you a position if you pass 2 of the 4 exams necessary to achieve the Microsoft Certified Solutions Developer Certification.
What apparently differentiate the IT Academy from SetFocus is that you don't necessarily have to relocate in order to take part in the training, but this can be deceiving. You have a choice of training at their facility (located in Raleigh North Carolina), or doing the majority of your training at home via the Internet--but you are required to spend some time at their North Carolina facility at the end of major potions of the program, and for the final few weeks of the program.
After that, if your training costs were sponsored, you'll be expected to commit to 1 year or so (really, until your training costs are paid) as a consultant--and travel is expected and customary. The bottom line: if you want to consider the IT Training Academy over SetFocus because you hope you won't have to relocate, that won't be the case. As I've mentioned, even if you study from home, you'll still need to travel to North Caroline, and if you accept a training sponsorship, you'll most likely be placed as a consultant somewhere on the East Coast. Even without a sponsorship, if you accept a position through the IT Academy, you'll be doing some traveling--they even provide you with a company car.
Monday, February 26, 2001
Developer Career Tip #0038---Behind the scenes with Bob Lautenbach of Bayside Technology
Developer Career Tips #0038
Behind the scenes with Bob Lautenbach of Bayside Technology
This is the second in a series of periodic 'behind the scenes' looks at companies and individuals using Visual Basic. It's sometimes an 'eye opener' to see how others are actually using Visual Basic in their work.
For this tip, I interviewed Bob Lautenbach, who is the President of Bayside Technology, located in Marmora. New Jersey. You can visit the company’s Web Site at:
http://www.baysidetech.com
Question: What is your job at Bayside Technology?
Answer: I'm President of the company. At Bayside Technology, we do a little bit of everything, but recently have been heavily involved in PC-based and Internet based Benefit Administration.
Question: How does your company use Visual Basic?
Answer: We use Visual Basic as our primary development tool. We use it in our PC-based and Internet-based development, and rely on it to produce reusable components to interface with n-tier architectures with which we must interface.
Question: How did you and your programming staff learn Visual Basic?
Answer: Most of it is self-taught, along with an occasional supplemental course on specific development issues that are evolving quickly and with which we need to be immediately familiar.
Question: Do you use other languages besides Visual Basic?
Answer: Yes we do. We also use JavaScript, Java, VBScript, and ASP.
Question: Do you use third-party tools?
Answer: Yes, we buy and use various tools as they are needed. Most of the third-party tools we have purchased are reporting tools: Crystal Reports and ActiveReports. A word of caution: you need to bear in mind the viability of various third party companies. Know your vendor well--you don't want to purchase a third-party tool only to find out that the company has gone out of business, or doesn't have the resources to support changes to Visual Basic--such as VB.NET!
Question: What's it like to work at your company?
Answer: Our company is an incredibly exciting one to work for since our work is so cutting edge. We try to balance the unique needs of our developers and our client's needs with flexible working hours and telecommuting.
Behind the scenes with Bob Lautenbach of Bayside Technology
This is the second in a series of periodic 'behind the scenes' looks at companies and individuals using Visual Basic. It's sometimes an 'eye opener' to see how others are actually using Visual Basic in their work.
For this tip, I interviewed Bob Lautenbach, who is the President of Bayside Technology, located in Marmora. New Jersey. You can visit the company’s Web Site at:
http://www.baysidetech.com
Question: What is your job at Bayside Technology?
Answer: I'm President of the company. At Bayside Technology, we do a little bit of everything, but recently have been heavily involved in PC-based and Internet based Benefit Administration.
Question: How does your company use Visual Basic?
Answer: We use Visual Basic as our primary development tool. We use it in our PC-based and Internet-based development, and rely on it to produce reusable components to interface with n-tier architectures with which we must interface.
Question: How did you and your programming staff learn Visual Basic?
Answer: Most of it is self-taught, along with an occasional supplemental course on specific development issues that are evolving quickly and with which we need to be immediately familiar.
Question: Do you use other languages besides Visual Basic?
Answer: Yes we do. We also use JavaScript, Java, VBScript, and ASP.
Question: Do you use third-party tools?
Answer: Yes, we buy and use various tools as they are needed. Most of the third-party tools we have purchased are reporting tools: Crystal Reports and ActiveReports. A word of caution: you need to bear in mind the viability of various third party companies. Know your vendor well--you don't want to purchase a third-party tool only to find out that the company has gone out of business, or doesn't have the resources to support changes to Visual Basic--such as VB.NET!
Question: What's it like to work at your company?
Answer: Our company is an incredibly exciting one to work for since our work is so cutting edge. We try to balance the unique needs of our developers and our client's needs with flexible working hours and telecommuting.
Monday, December 25, 2000
Developer Career Tip #0029---New kid on the block---Tip #1
Developer Career Tips #0029
New kid on the block---Tip #1
I've written extensively about pursuing and obtaining your first programming job---now let's assume that you've gotten it--what should you do in your first day or days on the job?
I recently received an email from someone who tries to take newly hired programmers under her wing, and she mentioned several important points that new programmers should bear in mind in their first days, weeks and months on the job.
First, come to grips with the fact that even if you're the world's greatest programmer, you just started with the company, and there's a lot about the company's business to learn. For instance, if you've just started with an insurance company, take the time to learn as much as possible about insurance--just getting up to speed on your company's business rules could take you a year or more. Your first day on the job is the time to start learning. The same applies to nearly every industry for which you will work--remember, you don't program Visual Basic, or C or Java--you program applications, and those applications have a business behind them.
Second, try to stretch your horizons, and be willing to take challenges. You may have been hired as a programmer, but in many companies, you're expected to be much more. For instance, if a user calls or visits about a problem logging into the company's network, roll up your sleeves and try to resolve the problem. It's OK to ask someone else for advice, but passing the user off because it's a 'Systems problem" makes you look bad in the eyes of the user and, even works, in the eyes of those you're working with.
Third, obtain a knowledge of the IT environment in which you are working as soon as possible---it will avoid problems down the road. For instance, if you can't understand why it's taking hours to build a Recordset from the company's Oracle Database down the hall, instead of complaining that the tech school from which you graduated had T1 connections, take some time to understand why the network is slow, and see if you can program around it. It could turn out that the problem is that there are a limited number of licenses, or that your program is running while the database is being backed up or maintenance is running.
New kid on the block---Tip #1
I've written extensively about pursuing and obtaining your first programming job---now let's assume that you've gotten it--what should you do in your first day or days on the job?
I recently received an email from someone who tries to take newly hired programmers under her wing, and she mentioned several important points that new programmers should bear in mind in their first days, weeks and months on the job.
First, come to grips with the fact that even if you're the world's greatest programmer, you just started with the company, and there's a lot about the company's business to learn. For instance, if you've just started with an insurance company, take the time to learn as much as possible about insurance--just getting up to speed on your company's business rules could take you a year or more. Your first day on the job is the time to start learning. The same applies to nearly every industry for which you will work--remember, you don't program Visual Basic, or C or Java--you program applications, and those applications have a business behind them.
Second, try to stretch your horizons, and be willing to take challenges. You may have been hired as a programmer, but in many companies, you're expected to be much more. For instance, if a user calls or visits about a problem logging into the company's network, roll up your sleeves and try to resolve the problem. It's OK to ask someone else for advice, but passing the user off because it's a 'Systems problem" makes you look bad in the eyes of the user and, even works, in the eyes of those you're working with.
Third, obtain a knowledge of the IT environment in which you are working as soon as possible---it will avoid problems down the road. For instance, if you can't understand why it's taking hours to build a Recordset from the company's Oracle Database down the hall, instead of complaining that the tech school from which you graduated had T1 connections, take some time to understand why the network is slow, and see if you can program around it. It could turn out that the problem is that there are a limited number of licenses, or that your program is running while the database is being backed up or maintenance is running.
Monday, October 23, 2000
Developer Career Tip #0020---Before you take a course…
Developer Career Tips #0020
Before you take a course…
I discussed getting up to speed with a new programming language several months ago, and I thought I would follow up on that theme by relating to you the experience an associate of mine had a few weeks ago with a formal training class he took at a Microsoft Certified Technical Education Center (CTEC).
My associate, let's call him "Jim", is a Visual Basic expert, and he had spent some time learning Java on his own. He decided to spend a week in a Java fundamentals class being offered by a CTEC with whom he had taken several enjoyable Visual Basic classes. Jim had always been impressed by the instructors at this CTEC--historically, in addition to teaching the material, they were also senior developers and consultants who were able to bring their real-world experience to the classroom.
For the Java class however, Jim was a bit disappointed. Although the instructor was knowledgeable about the subject matter, he readily admitted that he had no professional Java development experience. This lack of real-world experience became apparent when many of Jim's questions about real-world issues of speed, style and deployment went unanswered. All in all, Jim came out of the class not knowing much more than when he went in. As a professional developer, Jim wanted to come out of the class with some professional tips and guidelines, and that's not what he received. Still, I think Jim got what he deserved.
I chided Jim for failing to heed the 4-step checklist I run through prior to taking any formal classes. For your reference, here it is:
1. Know your expectations. Jim took a Java fundamentals course and he probably should have been in an advanced course. Beginning level courses are more easily staffed by instructors lacking in real world experience.
2. Know your vendor. Jim took a Sun Java course at a Microsoft Certified Technical Education Center. Jim should have asked himself why a CTEC would be offering a Sun Java class to begin with--if he had done some checking, he would have found that the course he attended was the first Sun Java course the CTEC had ever given. Although this fact alone did not cause Jim's disappointment, it was a contributing factor.
3. Know your instructor. You have the right to know in advance who will be teaching the course, and what their background is. Prior to taking any course, call the vendor and ask for the credentials of the instructor. Ask how many times they taught the class. Ask what real-world experience the instructor possesses. If real-world experience is important to you, and the instructor has none, then you can either find another vendor or wait for a class with another instructor.
4. Know the curriculum. In addition to obtaining information about the instructor, ask for a detailed outline of the course. You should also ask if ALL of the material in the outline will be covered (some instructors 'drop' material). You can also ask to examine the course materials ahead of time, and perhaps even sit in on a session of the class for a few hours (if it's a multi-day class, choose a day other than the first day to get a better gauge of the class pace and activity)
Following my checklist is a great way to avoid surprises and to get the value for your training money that you deserve.
Before you take a course…
I discussed getting up to speed with a new programming language several months ago, and I thought I would follow up on that theme by relating to you the experience an associate of mine had a few weeks ago with a formal training class he took at a Microsoft Certified Technical Education Center (CTEC).
My associate, let's call him "Jim", is a Visual Basic expert, and he had spent some time learning Java on his own. He decided to spend a week in a Java fundamentals class being offered by a CTEC with whom he had taken several enjoyable Visual Basic classes. Jim had always been impressed by the instructors at this CTEC--historically, in addition to teaching the material, they were also senior developers and consultants who were able to bring their real-world experience to the classroom.
For the Java class however, Jim was a bit disappointed. Although the instructor was knowledgeable about the subject matter, he readily admitted that he had no professional Java development experience. This lack of real-world experience became apparent when many of Jim's questions about real-world issues of speed, style and deployment went unanswered. All in all, Jim came out of the class not knowing much more than when he went in. As a professional developer, Jim wanted to come out of the class with some professional tips and guidelines, and that's not what he received. Still, I think Jim got what he deserved.
I chided Jim for failing to heed the 4-step checklist I run through prior to taking any formal classes. For your reference, here it is:
1. Know your expectations. Jim took a Java fundamentals course and he probably should have been in an advanced course. Beginning level courses are more easily staffed by instructors lacking in real world experience.
2. Know your vendor. Jim took a Sun Java course at a Microsoft Certified Technical Education Center. Jim should have asked himself why a CTEC would be offering a Sun Java class to begin with--if he had done some checking, he would have found that the course he attended was the first Sun Java course the CTEC had ever given. Although this fact alone did not cause Jim's disappointment, it was a contributing factor.
3. Know your instructor. You have the right to know in advance who will be teaching the course, and what their background is. Prior to taking any course, call the vendor and ask for the credentials of the instructor. Ask how many times they taught the class. Ask what real-world experience the instructor possesses. If real-world experience is important to you, and the instructor has none, then you can either find another vendor or wait for a class with another instructor.
4. Know the curriculum. In addition to obtaining information about the instructor, ask for a detailed outline of the course. You should also ask if ALL of the material in the outline will be covered (some instructors 'drop' material). You can also ask to examine the course materials ahead of time, and perhaps even sit in on a session of the class for a few hours (if it's a multi-day class, choose a day other than the first day to get a better gauge of the class pace and activity)
Following my checklist is a great way to avoid surprises and to get the value for your training money that you deserve.
Monday, October 9, 2000
Developer Career Tip #0018---Is it time to learn C#?
Developer Career Tips #0018
Is it time to learn C#?
For those of you not familiar with C#, Microsoft, in June, announced C# as the 'replacement' for J++ in the next version of its Visual Studio Suite, which will be released sometime in 2001.
http://msdn.microsoft.com/vstudio/nextgen/technology/csharpintro.asp
Those of you who read my Careers tip last week in which I discussed Visual Basic and Java salaries may be wondering whether C# is a language that you should learn?
The answer is not a simple one, for a number of reasons.
First, C# has not officially been released yet, and won't be until the next version of Visual Studio is released sometime in 2001. You can download a beta version from the Microsoft Web Site if you wish
http://msdn.microsoft.com/downloads/
and there is some preliminary documentation available from Microsoft as well
http://msdn.microsoft.com/library/default.asp?URL=/library/prelim/csref/vcoriCReference.htm
Second, at this point, there aren't many jobs calling for a knowledge of C#. I maintain a web page devoted to C# at
http://www.johnsmiley.com/csharp/csharp.htm
and if you check out some of the links that maintain job sections, you'll see that there are few jobs asking for a knowledge of C# (not surprising, since the product has not been released yet).
Third, and perhaps most importantly, the importance of the C# language in the grand scheme of things to me is cloudy at best. For instance, is C# a replacement for J++, a replacement for C++, or a possible competitor to Java?
If you read Microsoft's announcement concerning C#, Microsoft plainly states that their intention is to bring Rapid Application Development to the C++ programming community. In light of the advice I give to my students to learn Visual Basic (for its ease of use and marketability) and then, if possible, Java, for its hardware portability, C# just doesn't fit into that picture.
On the other hand, many analysts believe that Microsoft is positioning C# as a competitor to Java---in which case the picture changes a bit. If C# somehow manages to cut into the Java market, then learning C# isn't a bad idea. And being the first person on the block to know a suddenly popular language is a great place to be.
However, I think it's way too early to make that investment of time and energy. Learning C# at this point will be difficult for most people. Your options to learn C# are pretty limited---use the Microsoft documentation to learn the language, or purchase one of the few books on C# available on the market. And if learning this way is not your cup of tea, other options are virtually non-existent--as best as I can tell there are no formal classes on C# being offered.
The bottom line is that you should wait and see what becomes of C#--if it looks like a winner at this time next year, there will still be plenty of time to get up to speed and to enter the potentially lucrative C# programming pool.
Is it time to learn C#?
For those of you not familiar with C#, Microsoft, in June, announced C# as the 'replacement' for J++ in the next version of its Visual Studio Suite, which will be released sometime in 2001.
http://msdn.microsoft.com/vstudio/nextgen/technology/csharpintro.asp
Those of you who read my Careers tip last week in which I discussed Visual Basic and Java salaries may be wondering whether C# is a language that you should learn?
The answer is not a simple one, for a number of reasons.
First, C# has not officially been released yet, and won't be until the next version of Visual Studio is released sometime in 2001. You can download a beta version from the Microsoft Web Site if you wish
http://msdn.microsoft.com/downloads/
and there is some preliminary documentation available from Microsoft as well
http://msdn.microsoft.com/library/default.asp?URL=/library/prelim/csref/vcoriCReference.htm
Second, at this point, there aren't many jobs calling for a knowledge of C#. I maintain a web page devoted to C# at
http://www.johnsmiley.com/csharp/csharp.htm
and if you check out some of the links that maintain job sections, you'll see that there are few jobs asking for a knowledge of C# (not surprising, since the product has not been released yet).
Third, and perhaps most importantly, the importance of the C# language in the grand scheme of things to me is cloudy at best. For instance, is C# a replacement for J++, a replacement for C++, or a possible competitor to Java?
If you read Microsoft's announcement concerning C#, Microsoft plainly states that their intention is to bring Rapid Application Development to the C++ programming community. In light of the advice I give to my students to learn Visual Basic (for its ease of use and marketability) and then, if possible, Java, for its hardware portability, C# just doesn't fit into that picture.
On the other hand, many analysts believe that Microsoft is positioning C# as a competitor to Java---in which case the picture changes a bit. If C# somehow manages to cut into the Java market, then learning C# isn't a bad idea. And being the first person on the block to know a suddenly popular language is a great place to be.
However, I think it's way too early to make that investment of time and energy. Learning C# at this point will be difficult for most people. Your options to learn C# are pretty limited---use the Microsoft documentation to learn the language, or purchase one of the few books on C# available on the market. And if learning this way is not your cup of tea, other options are virtually non-existent--as best as I can tell there are no formal classes on C# being offered.
The bottom line is that you should wait and see what becomes of C#--if it looks like a winner at this time next year, there will still be plenty of time to get up to speed and to enter the potentially lucrative C# programming pool.
Monday, October 2, 2000
Developer Career Tip #0017---Visual Basic Programmer's Journal Salary Survey released…
Developer Career Tips #0017
Visual Basic Programmer's Journal Salary Survey released…
In my opinion, the best Visual Basic publication is the Visual Basic Programmer's Journal. I recommend it highly to my Visual Basic students as a source of great information on Visual Basic development. According to the latest figures released from Magazine Retailer, the Visual Basic Programmer's Journal has the highest paid circulation sales numbers, and is the largest paid magazine in the world devoted to Windows development. Because of this, I place a lot of trust in their bi-annual salary survey, the Fall version of which was recently released. You can view it yourself at:
http://careerlink.devx.com/articles/ss0900/ss0900-1.asp
According to the Fall Survey, Visual Basic developers earn an average base salary of $65,500 per year. Be careful when reader the survey yourself, as the survey factors in extra pay such as bonuses and profit sharing, raising that average to $75,500 in total compensation.
Some highlights of the survey:
Developers in San Francisco and New York earn much more than the average compensation--but bear in mind that the cost of living is much higher there.
Experience pays off. The average salary for developers with less than one year's experience is $43,140--for developer's with 6-8 year's experience is $74,539. That's quite a difference, but if you've been reading my tips, this shouldn't surprise you.
Microsoft Certifications are beginning to carry some weight---Microsoft Certified Professionals (MCP's) and Microsoft Certified Solutions Developers (MCSD's) made substantially more than those without a Certification. Definitely something to consider!
VB skills alone are fine and will pay well--but those developers who marry their VB skills with another hot technology such as Java or XML do much better. In fact, VB Developers who know XML earn about $10,000 more than the average Visual Basic developer.
Not surprisingly (to me anyway), at the top of the pay scale are Independent Consultants. Independent Consulting will be one of several recurring themes of my tips.
In case you're wondering how VB stacks up against Java, here is a link to a first-ever Java Salary Survey by the publishers of Visual Basic Programmer's Journal.
http://careerlink.devx.com/articles/ss0600/ss0600-1.asp
I think the results will bear out what I tell my students---learn Visual Basic, then turn your attention to Java as a second language (and based on the salary survey, it looks like you should add XML to that mix also).
Visual Basic Programmer's Journal Salary Survey released…
In my opinion, the best Visual Basic publication is the Visual Basic Programmer's Journal. I recommend it highly to my Visual Basic students as a source of great information on Visual Basic development. According to the latest figures released from Magazine Retailer, the Visual Basic Programmer's Journal has the highest paid circulation sales numbers, and is the largest paid magazine in the world devoted to Windows development. Because of this, I place a lot of trust in their bi-annual salary survey, the Fall version of which was recently released. You can view it yourself at:
http://careerlink.devx.com/articles/ss0900/ss0900-1.asp
According to the Fall Survey, Visual Basic developers earn an average base salary of $65,500 per year. Be careful when reader the survey yourself, as the survey factors in extra pay such as bonuses and profit sharing, raising that average to $75,500 in total compensation.
Some highlights of the survey:
Developers in San Francisco and New York earn much more than the average compensation--but bear in mind that the cost of living is much higher there.
Experience pays off. The average salary for developers with less than one year's experience is $43,140--for developer's with 6-8 year's experience is $74,539. That's quite a difference, but if you've been reading my tips, this shouldn't surprise you.
Microsoft Certifications are beginning to carry some weight---Microsoft Certified Professionals (MCP's) and Microsoft Certified Solutions Developers (MCSD's) made substantially more than those without a Certification. Definitely something to consider!
VB skills alone are fine and will pay well--but those developers who marry their VB skills with another hot technology such as Java or XML do much better. In fact, VB Developers who know XML earn about $10,000 more than the average Visual Basic developer.
Not surprisingly (to me anyway), at the top of the pay scale are Independent Consultants. Independent Consulting will be one of several recurring themes of my tips.
In case you're wondering how VB stacks up against Java, here is a link to a first-ever Java Salary Survey by the publishers of Visual Basic Programmer's Journal.
http://careerlink.devx.com/articles/ss0600/ss0600-1.asp
I think the results will bear out what I tell my students---learn Visual Basic, then turn your attention to Java as a second language (and based on the salary survey, it looks like you should add XML to that mix also).
Monday, September 11, 2000
Developer Career Tip #0014---Follow up on SetFocus
Developer Career Tips #0014
Follow up on SetFocus
In my August 10th Developer Career Tip entitled "No Experience? No Problem!" I discussed a company called "SetFocus" located in Parsippany, New Jersey, about 45 miles outside of Manhattan. The company advertises that they will provide you with a 13 week intensive Visual Basic training program---in exchange, you agree to work for them for the next 9 months as a paid consultant. It sounds like a great idea--but I cautioned you that I had no personal knowledge of anyone who had gone through their training program, nor had I spoken personally with anyone from the company.
About two days after my tip was published, I received a call from Stacey Landau of SetFocus---several of her students saw the tip. Stacey and I spoke for quite a while, and I was impressed with her obvious dedication to providing outstanding Visual Basic (and now Java) training to individuals looking to get into the marketplace quickly.
Over the course of the last month, I've received several emails from current students and graduates of SetFocus attesting to the quality of the program and their satisfaction with it. One of these emails came from a former student of mine from ZDU---and his resounding endorsement of the SetFocus program means quite a lot.
All of the endorsements carry the same message--the program is demanding and intense. There is plenty of work, and you can expect an assignment every class day with at least one major project due each week. You'll also need to relocate to Parsippany for at least one year. But all of this hard work comes with a reward--at the end of the 13 week program you'll be working as a consultant for a SetFocus corporate client---some of which are located in Manhattan, a hotbed of IT work.
Once again, I think this program is great for those individuals who have IT talent and who are looking to get into the marketplace quickly. If you would like more information, check out their Web Site
http://www.setfocus.com
I'd love to hear more about similar programs---it's hard to believe that SetFocus is the only one of its kind. If you know of any, let me know via email at johnsmiley@johnsmiley.com
Follow up on SetFocus
In my August 10th Developer Career Tip entitled "No Experience? No Problem!" I discussed a company called "SetFocus" located in Parsippany, New Jersey, about 45 miles outside of Manhattan. The company advertises that they will provide you with a 13 week intensive Visual Basic training program---in exchange, you agree to work for them for the next 9 months as a paid consultant. It sounds like a great idea--but I cautioned you that I had no personal knowledge of anyone who had gone through their training program, nor had I spoken personally with anyone from the company.
About two days after my tip was published, I received a call from Stacey Landau of SetFocus---several of her students saw the tip. Stacey and I spoke for quite a while, and I was impressed with her obvious dedication to providing outstanding Visual Basic (and now Java) training to individuals looking to get into the marketplace quickly.
Over the course of the last month, I've received several emails from current students and graduates of SetFocus attesting to the quality of the program and their satisfaction with it. One of these emails came from a former student of mine from ZDU---and his resounding endorsement of the SetFocus program means quite a lot.
All of the endorsements carry the same message--the program is demanding and intense. There is plenty of work, and you can expect an assignment every class day with at least one major project due each week. You'll also need to relocate to Parsippany for at least one year. But all of this hard work comes with a reward--at the end of the 13 week program you'll be working as a consultant for a SetFocus corporate client---some of which are located in Manhattan, a hotbed of IT work.
Once again, I think this program is great for those individuals who have IT talent and who are looking to get into the marketplace quickly. If you would like more information, check out their Web Site
http://www.setfocus.com
I'd love to hear more about similar programs---it's hard to believe that SetFocus is the only one of its kind. If you know of any, let me know via email at johnsmiley@johnsmiley.com
Monday, August 28, 2000
Developer Career Tip #0012---Is your College offering the right kinds of courses?
Developer Career Tips #0012
Is your College offering the right kinds of courses?
Recently I received an email from an IT recruiter that was pretty troubling. In it, he decried the lack of real programming experience that college graduates with degrees in Computer Science or related disciplines possess.
About the same time, I was speaking to a friend of mine whose daughter was about to graduate from a well regarded university with a degree in Computer Science, and who had just returned from a trip to visit the Dean of Computer Science at his daughter's university.
During the visit, my friend had expressed strong concern that the Computer Science curriculum at his daughter's university was not adequately preparing her, and other graduates, for the 'real world'. In fact, my friend, who happens to be the Vice President of IT for his company, told the dean that he would have a hard time hiring his own daughter for an entry level position at his company. Why?
First, while his daughter could probably build a microprocessor from scratch, and program in languages such as Fortran, C and C++, the university she attended was slow in developing courses covering the latest and greatest in programming languages and development tools. For instance, Visual Basic, ASP and Java were recent additions to the curriculum, and hard to believe, they were only electives. Incredibly, his daughter hadn't taken courses in any of these hot technologies.
Secondly, due to scheduling requirements at the university, she had completed the Computer Science requirements for her degree in the first two and half years of her college career---as a result, her last programming class had been 18 months prior to graduation, and she had spent the last year and a half of her college career fulfilling general education requirements and electives, not honing her skills with computer related courses. In other words, her IT skills were pretty stale.
What was the Dean's reaction? She apologized for the university's slow introduction of new technologies into the curriculum--and promised to do better in the future. And she promised to look into the scheduling logjam in the Department that would encourage students to complete their Computer Science requirements so early before graduation.
In summary, if you or someone you know is pursuing a computer related degree at a college or university---do some investigative work to ensure the college is quick to react to new technologies, and 'time' your pursuit of these courses as close as possible to graduation.
Is your College offering the right kinds of courses?
Recently I received an email from an IT recruiter that was pretty troubling. In it, he decried the lack of real programming experience that college graduates with degrees in Computer Science or related disciplines possess.
About the same time, I was speaking to a friend of mine whose daughter was about to graduate from a well regarded university with a degree in Computer Science, and who had just returned from a trip to visit the Dean of Computer Science at his daughter's university.
During the visit, my friend had expressed strong concern that the Computer Science curriculum at his daughter's university was not adequately preparing her, and other graduates, for the 'real world'. In fact, my friend, who happens to be the Vice President of IT for his company, told the dean that he would have a hard time hiring his own daughter for an entry level position at his company. Why?
First, while his daughter could probably build a microprocessor from scratch, and program in languages such as Fortran, C and C++, the university she attended was slow in developing courses covering the latest and greatest in programming languages and development tools. For instance, Visual Basic, ASP and Java were recent additions to the curriculum, and hard to believe, they were only electives. Incredibly, his daughter hadn't taken courses in any of these hot technologies.
Secondly, due to scheduling requirements at the university, she had completed the Computer Science requirements for her degree in the first two and half years of her college career---as a result, her last programming class had been 18 months prior to graduation, and she had spent the last year and a half of her college career fulfilling general education requirements and electives, not honing her skills with computer related courses. In other words, her IT skills were pretty stale.
What was the Dean's reaction? She apologized for the university's slow introduction of new technologies into the curriculum--and promised to do better in the future. And she promised to look into the scheduling logjam in the Department that would encourage students to complete their Computer Science requirements so early before graduation.
In summary, if you or someone you know is pursuing a computer related degree at a college or university---do some investigative work to ensure the college is quick to react to new technologies, and 'time' your pursuit of these courses as close as possible to graduation.
Monday, August 21, 2000
Developer Career Tip #0011---Skills Assessment on your Resume
Developer Career Tips #0011
Skills Assessment on your Resume
During the last few years, I've had the opportunity to counsel students concerning their resumes. One mistake that I find they make on their resumes (especially those students who don't have a strong paid work background) is that invariably they fail to include every skill they possess on their resume.
For instance, a few weeks ago a student who had just completed my Introductory Java class asked me to look over her resume. I read it over twice, and she obviously sensed something was wrong.
"There's no mention of your Java skills," I pointed out.
She explained to me that she didn't feel it appropriate to include a mention of a skill that consisted only of classroom learning (this in spite of the fact that she was head and shoulders the best student in the class).
I disagreed, pointing out that the mention of any skill on a resume, even a skill that hadn't been fully 'tested' in the workplace, is something that a prospective employer should know about. Let the prospective employer make the decision as to how much weight to place in a 40 hour Java class---who knows, perhaps they have a critical Java need to fill, and your 40 hours is 40 more than anyone else they have right now.
Of course, it's also important not to overstate your skills---classroom skills are not the same as skills learned on the job, and that's why I advise my students to prepare a Skills Assessment Grid as the last page of their resume. With a series of rows and 5 columns, list every computer related skill you possess, and rate it with a grade of between 1 and 5 like this:
1--Classroom/Self Learning
2--Less than 1 year of work-related experience
3--1 to 2 years of work-related experience
4--2 or more years of work-related experience
5--Expert. Possess Certification or have taught the subject matter
You'd be amazed at how quickly a recruiter can 'eyeball' this Skills Assessment Grid, and see exactly what skills you possess. More importantly, it gives you a chance to mention every skill you have---even if they were not necessarily picked up in the workplace.
Skills Assessment on your Resume
During the last few years, I've had the opportunity to counsel students concerning their resumes. One mistake that I find they make on their resumes (especially those students who don't have a strong paid work background) is that invariably they fail to include every skill they possess on their resume.
For instance, a few weeks ago a student who had just completed my Introductory Java class asked me to look over her resume. I read it over twice, and she obviously sensed something was wrong.
"There's no mention of your Java skills," I pointed out.
She explained to me that she didn't feel it appropriate to include a mention of a skill that consisted only of classroom learning (this in spite of the fact that she was head and shoulders the best student in the class).
I disagreed, pointing out that the mention of any skill on a resume, even a skill that hadn't been fully 'tested' in the workplace, is something that a prospective employer should know about. Let the prospective employer make the decision as to how much weight to place in a 40 hour Java class---who knows, perhaps they have a critical Java need to fill, and your 40 hours is 40 more than anyone else they have right now.
Of course, it's also important not to overstate your skills---classroom skills are not the same as skills learned on the job, and that's why I advise my students to prepare a Skills Assessment Grid as the last page of their resume. With a series of rows and 5 columns, list every computer related skill you possess, and rate it with a grade of between 1 and 5 like this:
1--Classroom/Self Learning
2--Less than 1 year of work-related experience
3--1 to 2 years of work-related experience
4--2 or more years of work-related experience
5--Expert. Possess Certification or have taught the subject matter
You'd be amazed at how quickly a recruiter can 'eyeball' this Skills Assessment Grid, and see exactly what skills you possess. More importantly, it gives you a chance to mention every skill you have---even if they were not necessarily picked up in the workplace.
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