[Info-vax] HP wins Oracle Itanium case

Keith Parris keithparris_deletethis at yahoo.com
Thu Aug 2 18:04:54 EDT 2012


On 8/1/2012 7:02 PM, Arne Vajhøj wrote:
> Does the contract specify a minimum level of quality or a minimum level
> of support?

Yes.

"The Court ordered and declared as follows:

In this action for declaratory relief, the Court finds in favor of HP 
and against Oracle on both the breach of contract and promissory 
estoppel causes of action brought by HP.

The Settlement and Release Agreement entered into by HP, Oracle and Hurd 
on September 20, 2010, requires Oracle to continue to offer its product 
suite on HP’s Itanium-based server platforms and does not confer on 
Oracle the discretion to decide whether to do so or not.

The terms “product suite” means Oracle software products that were 
offered on HP’s Itanium-based servers at the time Oracle signed the 
September 20, 2010 Settlement and Release Agreement, including any new 
releases, versions or updates of those products.

Oracle’s obligation to continue to offer its products on HP’s 
Itanium-based server platforms lasts until such time as HP discontinues 
the sales of its Itanium-based servers.

Oracle is required to port its products to HP’s Itanium-based servers 
without charge to HP.”

http://h20341.www2.hp.com/integrity/us/en/systems/customer-oracle.html




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