ORACLE PRODUCT RESALE SUPPLEMENTAL TERMS AND CONDITIONS
PLEASE READ THESE TERMS VERY CAREFULLY.
YOU (“CUSTOMER”) UNDERSTAND AND AGREE THAT THE PURCHASE AND ACCEPTANCE OF ANY ORACLE PRODUCT RESOLD BY AN ATOS ENTITY [E.G., ATOS IT SOLUTIONS AND SERVICES, INC. IN THE UNITED STATES, ATOS INC. IN CANADA, OR ONE OF THEIR AFFILIATES IN THE REST OF THE WORLD] (EACH “ATOS”) IS SUBJECT TO THESE ORACLE PRODUCT RESALE SUPPLEMENTAL TERMS AND CONDITIONS (“ORACLE SUPPLEMENT”). THIS ORACLE SUPPLEMENT SHALL AMEND, PREVAIL OVER AND SUPERSEDE ANY CONFLICTING TERMS IN THE UNDERLYING AGREEMENT PURSUANT TO WHICH THE ORACLE PRODUCT IS ORDERED AND RESOLD TO YOU (“AGREEMENT”).
FOR THE AVOIDANCE OF DOUBT, YOU UNDERSTAND AND AGREE THAT BY ACCEPTING DELIVERY OF ANY ORACLE PRODUCT OR REMITTING PAYMENT FOR ANY SUCH ORACLE PRODUCT, YOU ARE AGREEING TO AMEND THE TERMS OF THE AGREEMENT TO INCORPORATE THE ORACLE SUPPLEMENT. THE ORACLE SUPPLEMENT MAY NOT BE ADDED TO, MODIFIED, SUPERCEDED OR OTHERWISE ALTERED, EXCEPT BY A WRITTEN INSTRUMENT SIGNED BY AN AUTHORIZED EXECUTIVE OF ATOS.
ORACLE TERMS AND CONDITIONS
1. Customer represents and warrants to Atos that it currently maintains an active Master Oracle License and Services Agreement (“OLSA”) with oracle and that the details of such agreement, which have been separately provided to atos, are accurate and complete. Customer hereby agrees to indemnify, defend and hold Atos harmless from any and all liability arising out of or related to a breach of such representation and warranty.
2. The Oracle Product being resold by Atos pursuant to the agreement (including this Oracle Supplement) is subject to the OLSA which shall be supplemented by the Manufacturer’s Statement of Terms, a copy of which shall be separately provided to Customer by Atos, and which are included by reference with respect to Customer’s purchase of such Oracle Product.