The Oracle Technical Support Policies expressly and unequivocally state that Oracle support of licensed, unaltered Oracle programs [emphasis added] includes support in resolving problems that the user creates ("including problems you create"). View the original Blog post: http://www.eprentise.com/blog/the-changing-enterprise/analysis-of-oracle-software-technical-support-policies/ Website: www.eprentise.com Twitter: @eprentise Google+: https://plus.google.com/u/0/+Eprentise/posts Facebook: https://www.facebook.com/eprentise

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Analysis of Oracle® Software
Technical Support Policies
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2. Analysis of Oracle® Software Technical Support Policies
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© 2014 eprentise, LLC. All rights reserved.
eprentise® is a registered trademark of eprentise, LLC.
FlexField Express and FlexField are registered trademarks of Sage Implementations, LLC.
Oracle, Oracle Applications, and E-Business Suite are registered trademarks of Oracle Corporation.
All other company or product names are used for identification only and may be trademarks of their respective owners.
Author: Helene Abrams
Published: May 09, 2011
www.eprentise.com

3. Analysis of Oracle® Software Technical Support Policies
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A Legal Review of Oracle’s® Contract in Relation to Third-Party Software
General Support Policy
The Oracle Technical Support Policies expressly and unequivocally state that Oracle support of licensed,
unaltered Oracle programs [emphasis added] includes support in resolving problems that the user creates
(“including problems you create”). Thus, problems that may appear to be linked to the use of third party
software are not in any way excluded from the coverage of Oracle support. Oracle support and issue
resolution is available as long as the user can satisfy the following conditions:
1. the source code of the Oracle program has not been altered;
2. the Oracle program involved is a currently supported release;
3. the Oracle program involved is running on the hardware, database, and OS specified in the user’s
Oracle documents.
The term “demonstrable” that introduces these conditions that must be met for obtaining support adds a
further de facto condition that the user be able to demonstrate in some manner that there is a problem.
For an “issue” to be “demonstrable”, the user must identify the nature of the problem (i.e., that the Oracle
software is not performing as expected or as it should), and the problem must be one that the user can
replicate.
Reference:
Technical support is provided for issues (including problems you create) that are demonstrable in the
currently supported release(s) of an Oracle licensed program, running unaltered, and on a certified
hardware, database and operating system configuration, as specified in your order or program
documentation.
(Oracle Software Technical Support Policies Effective Date: 31-March-2011, Page 1).
http://www.oracle.com/us/support/library/057419.pdf
What is an “Unsupported Program”?
The term “Unsupported Programs” as used in the Oracle Software Technical Support Policies document
refers to unsupported Oracle software programs. The policies indicate that “unsupported programs” are
not eligible to receive Oracle “updates, maintenance releases, patches, telephone assistance, or any other
technical support services.” The only products for which Oracle is in a position to provide those items are
Oracle programs, or programs of companies that Oracle has purchased. This policy statement could not
be used to justify Oracle in withdrawing purchased support for properly licensed EBS programs as a
consequence of using third party software in conjunction with the EBS because it makes no reference to
third party software as being part of the category of “Unsupported Programs”.
The “Overview” section of the policy document also contains the following provision:

4. Analysis of Oracle® Software Technical Support Policies
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“These Technical Support Policies are subject to change at Oracle’s discretion; however Oracle policy
changes will not result in a material reduction in the level of the services provided for supported programs
during the support period (defined below) for which fees for technical support have been paid.”
In essence, Oracle is reserving the right to make unilateral modifications in its support contracts. By
reserving that power, however, Oracle risks having a court hold that the contract is illusory and refuse its
enforcement. In lay terms, an illusory contract is one in which one of the parties, Oracle in this case as a
result of its unilateral power to change its obligations, cannot be held to its side of the bargain. To avoid
invalidation of that provision as one that makes the contract illusory, Oracle is careful to note that those
unilateral changes cannot result in a “material reduction in the level of services provided.” Adding new
grounds for total discontinuation of support would be a material reduction. Hence, the category of
“Unsupported Programs” cannot be enlarged to include otherwise supported EBS installations that also
utilize third party software.
Reference:
Unsupported Programs — Customers with unsupported programs are not entitled to download or receive
updates, maintenance releases, patches, telephone assistance, or any other technical support services for
unsupported programs. CD packs or programs purchased or downloaded for trial use, use with other
supported programs, or purchased or downloaded as replacement media may not be used to update any
unsupported programs.
(Oracle Software Technical Support Policies Effective Date: 31-March-2011, Page 3).
http://www.oracle.com/us/support/library/057419.pdf
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