If your business receives an inquiry from Oracle requesting that you complete an Oracle Server Worksheet, you should proceed with caution. Answering the question without consulting a licensing expert and carefully evaluating the relevant license agreements can result in increased licensing fees, possible audits, and penalties.
Before responding to an Oracle inquiry, it is important to identify a mutually agreeable framework for the response. Work with Oracle to ensure that you know how the audit materials will be used and what Oracle expects to see in your response.
Make sure that you are not jeopardizing your legal position before you submit a response. In many instances, your Oracle license agreement may contain a provision purporting to give Oracle the right to audit your installations and usage. Understanding your legal obligations and limiting the scope of the audit can be critical to a prompt, reasonable resolution.
Many companies have older versions of Oracle products installed and in use in their organizations. It is important to determine which version of Oracle’s license agreement will apply to any licensing analysis before providing information to Oracle.
It can be difficult to know how to appropriately complete an Oracle Server Worksheet or otherwise respond to an Oracle inquiry. Accordingly, it is important to consult with experienced counsel to guide you through the process and help minimize your exposure.
About the author
Julie Machal-Fulks:
As a partner at Scott & Scott, LLP, Julie Machal-Fulks leads a team of attorneys in representing and defending clients in legal matters relating to information technology. Her practice focuses on complex litigation ranging from privacy and network security, data breach notification and crisis management, intellectual property disputes, service provider negligence claims, and content-based injuries such as copyright and trademark infringement in software, the Internet, and all forms of tangible media.
Get in touch: jfulks@scottandscottllp.com | 800.596.6176