FOI #21-312 - Subject - Oracle
Name - Henry Jones
Affiliation -
This query covers any audit demand, audit request, self-review questionnaire, or other outreach to your organization from the software vendor Oracle (sometimes known as Oracle Inc. or Oracle Americas) in the last ten (10) years.
It particularly seeks any such vendor outreach regarding whether the software has been used beyond the parameters of the license (i.e., usage beyond “entitlement[s],” possibly or allegedly constituting breach of contract[s] and/or copyright litigation).
This request also covers even if the stated purpose of that vendor’s outreach was stated as merely “efficiency review,” “checking for possible opportunities to improve spending or features usage,” “perhaps reduce spending,” or other purpose(s).
Please send me a copy of all of the following materials:
1. initial vendor request or demand that your organization do a self-audit (or self-review, however described) (e.g., using a questionnaire and/or a software tool or “script” to run on your computers/network) to determine current (or past) deployment
2. initial vendor request or demand that your organization for an audit or review by vendor personnel (or its contractor) to determine current (or past) deployment
3. results of self-audit (e.g., usage “count,” in any format – e.g., spreadsheet, presentation slide[s], email, and/or correspondence/letter)
4. results of audit or review by vendor personnel (or its contractor)
5. initial financial claim to your organization from vendor (e.g., asserting specified number of dollars asserted as owing to vendor, due to excess use by your organization beyond your entitlements)
6. any reply by your organization to any such vendor claim (i.e., usage count or financial claim), including any question(s), or challenge to any such financial claim (in any format – e.g., spreadsheet, presentation slide[s], email, and/or correspondence/letter)
7. any revised financial claim to your organization from vendor (e.g., asserting specified number of dollars asserted as owing to vendor, due to excess use by your organization beyond your entitlements)
8. any resulting or related pleadings, correspondence, or rulings from any litigation, mediation, or arbitration
9. outcome:
a. any settlement or “true-up” agreement, emails, “memo of understanding,” revision to pre-existing contract (or license, Order, product list, or products exhibits) (including any exhibits, attachment, or addenda) (i.e., addressing the previously-delivered software)
b. any contract(s) or license(s) for your organization to transition to any other, successor, or different product (including any transition from older “on-premises” to newer “SaaS” [“software as a service”] or “cloud” software for the same or similar function or features (including any exhibits, attachment, or addenda)
c. copy of any check or wire transfer order from or on behalf of your organization making any agreed payment to the vendor (or its representative or reseller)