What does this mean for you as an end user?
As mentioned, the first addition to Oracle’s audit clause “your use of the Programs is in compliance with the terms of the applicable order and the Master Agreement” is not a new principle, but a clarification. It does however highlight the importance of having a complete and accurate, detailed license entitlement administration. This way, all contractually agreed license and/or subscriptions as well as the associated terms and conditions are administered and maintained.
The second addition to Oracle’s audit clause “such assistance shall include, but shall not be limited to, the running of Oracle data measurement tools on Your servers and providing the resulting data to Oracle” is a new principle. It’s not a change in Oracle’s audit practice though. Oracle always has requested end users to run its LMS Collection Tool. End users who accept this new addition to the audit clause will, during an audit, be forced to run the “Oracle data measurement tools” and to share the resulting data with Oracle.
What Oracle means with “Oracle data measurement tools” is once more open for interpretation and discussion. It most likely means that Oracle will only allow the use of its own “tools”, including:
Standalone Scripts: product-specific measurement queries that provide a simple, nonintrusive way to extract data
- Oracle LMS Collection Tool: detection and collection of usage data
- Oracle Server Worksheet: declaration of all of the Oracle products end users have installed within their organisation
- Oracle Enterprise Manager: discovery and measurement capabilities across multiple Oracle products and the use of the Verified third-party tools (Aspera SmartCollect, iQuate, Lime Software, Micro Focus, Flexera).
As specified by Oracle, the usage data gathered from these tools will still need to be complemented with data elements that need to be collected manually. In addition, the data gathered from these tools still needs to be analysed by license experts to assess license needs and to provide you with a compliance position.
The last addition to Oracle’s audit clause: “The performance of the audit and non-public data obtained during the audit (including findings or reports that result from the audit) shall be subject to the provisions of section 8 (Nondisclosure) of the General Terms” is not a new principle either. It again is a clarification from Oracle’s side, aiming to avoid that end users insist on signing a separate non-disclosure agreement at the start of the audit.