Oracle Embedded Software License Program
Concord participates in Oracle’s Embedded Software License Program and as such is
bound by the terms of our Embedded Software License Agreement (ESLA) with Oracle.
Under the terms of the ESLA, Oracle licenses the Oracle database to Concord as an
embedded database in our eHealth product and for no other purpose. Therefore, the only
Oracle database that can be used with Concord’s eHealth software is the Oracle database
provided by Concord to its customers. This applies even to Concord customers who are
also existing Oracle licensees. These customers are prohibited from using Oracle
databases which they have licensed directly from Oracle in connection with Concord’s
eHealth software.
Embedded Software Licenses
Effective Date: 13-DEC-2002
An Embedded Software license is a restricted type of license sold by a Solution Provider
embedded in its Application Package. Embedded licenses may only be used by the enduser to execute the Partner's application program. Embedded Software licenses may not
be used with more than one Application Package.
In order to maintain the integrity of the Embedded Software License, the following
restrictions have been placed on the packaging, installation, access, and services.
Packaging
The Oracle Programs must be packaged as an integrated component on the application
program's product media, or
The Oracle Programs must be packaged as an integrated component on the applications
program media set.
End users must not be permitted to install the programs separately or independently from
the application package.
Installation
The database must be installed and configured as an integrated component by the
application program's installation routine. The end-user must not be able to configure
Oracle programs outside the installation process.
The application program must provide one or more pre-configured database
configurations that the end user may select at installation to minimize the initial database
configuration and ongoing database management
Access
The end-user cannot access the Oracle programs directly. Access to the Oracle programs
must only be enabled through the application program. The application program must be
designed and developed by the Solution Provider to eliminate database administration
tasks by the end-user by enabling centralized and remote administration and/or including
built in database administration functions. Common end-user database operations which
shall not be permitted include the following: create user, create role, create database,
create data files, create database objects such as tables, indexes, view, synonyms,
packages, procedures, functions, etc.
All administration scripts including startup, shutdown, and backup are to be provided by
the Solution Provider within the application program.
If accessing information on an ad hoc basis, the end user should not be able to navigate
the underlying data schema and the partner should provide predefined data views that
buffer the end user from the underlying data schema.
If the Application Package must integrate with another application/database, the end-user
is not permitted to access the database to establish the transfer of data (e.g. set up a batch
process from the database in the Application Package to another database). The partner
must set up predefined APIs to transfer data in the Application Package and management
of the data transfer must be done through the application.
The end-user may not use Oracle tools or 3rd party tools to access the embedded Oracle
technology.
Services
Database upgrades must be certified and distributed as a component of the application
package and the end user shall be unable to upgrade the database or other Oracle program
technology versions as a separate component.
The partner provides customer service and education for all database operations or other
Oracle program technology operations to the end-user.
Only the partner is permitted to access Oracle directly for purposes of technical
assistance.
Additional Embedded Software License Practices
When an Embedded Software license is granted by a Partner, the Partner is responsible
for duplicating, manufacturing, and shipping all media and documentation to the enduser. The Partner bears all costs related to the above responsibilities.
When a Partner distributes Embedded Software License Programs user minimums do
apply. (See price list for definition of user minimums.)
Embedded Software Licenses are not upgradeable to Full Use or Application Specific
Full Use Licenses nor are they migratable to other licensing metrics.
An Oracle license must be sold with each application package sale regardless of
whether the end user already is running Oracle licenses (e.g. Full Use license for a
Named User who will also be accessing the Embedded Software License). The
reasoning behind this is that because when the database is so integrated into the
application package, as is the case for Embedded Software Licenses, the end user should
not be able to load just the application and not the embedded database.