Voted Best Answer
Feb 15, 2017 - 09:45 AM
Great question and unfortunately I don't have a ULA infront of me and the last one I negotiated was before they included this type of language (or possibly I negotiated it out of teh agreement as I only have the final version not the original).
So first we must understand how ULA function for an organization.
1) ULA grants the products that can be deployed during the Period of Performance (POP) of the ULA.
2) Licensee pays license & maintenance fees upfront (this can be negoitated to yearly but in the vanilla ULA it is all front loaded)
3) During the POP of ULA you are fine to deploy as many of the Oracle product (specified in the ULA) as you want with the stipulation that at the termination of the agreement you will certify the deployments.
4) You certify the deployment to oracle providing the necessary data (Product, Server, location, environment, etc.)
5) Oracle adds entitlements you certify your off to the races... Or they rope you into another ULA.
Now that we are on the same page for vanilla ULAs... we need to examine the above quotes.
Licensing guides are irrelevant in terms of legal obligation, unless they mirror your agreement.
Meaning, check you ULA and see what the verbiage and included clauses are. Oracle will argue that it is stipulated that they licensing guides are "correct" but I've defend clients on their virtualization interpretation and Oracle has backed down. Be sure what the language is and ask for legal help.
If we assume the licensing guides reflect the ULA language, then they can be interpreted as follows:
1) During ULAs POP you can deploye the license to the Authoprized cloud environments with no issues.
2) At the termination of the ULA, YOU CANNOT certify the cloud deployments. Thus you'll need to purchase the licenses or move them to on premises or sign another ULA.
N.B. ULA are only really cost effective if you are in trhe growth stage for Oracle products. ULAs are not a replacement for a well-defined and operationally excellent SAM program. Signing a ULA when you are not in control of your processes will compound your problems and see you pay a hefty fee...