Terms of Service

How To Submit Claim Report

  1. Agreement Definitions
    “ASC” refers to American Software Contracts LLC. “You” and “your” refer to the entity that has entered into this agreement to join ASC Partner Network and your wholly and majority owned subsidiaries (“subsidiary”) that are accepted into ASC Partner Network as associate members as set forth below. You warrant that you have the authority to bind your wholly and majority owned subsidiaries to the terms of this agreement and further warrant that you shall be responsible for a breach of such terms by your wholly and majority owned subsidiaries.

    The term “ancillary programs” refers to third party materials specified in the program documentation which may only be used for the purposes of installing or operating the programs with which the ancillary programs are delivered.

    The term “application programs” refers to the programs identified in the ASC Partner Network policies as the application programs.

    The terms “cloud services”, “ASC cloud services” and “ASC Partner Network benefit cloud services” refer to, collectively, the ASC cloud services (e.g., ASC software as a service offerings and related ASC programs) ordered under this agreement and listed in your ASC Partner Network benefit cloud services order and defined in the service specifications. These terms do not include professional services.

    The term “end user” refers to a third party that is licensed to use the programs for its own internal business operations.

    The term “hardware” refers to the hardware equipment (including components, options and spare parts), operating system, integrated software and related software media listed in ASC’s price list. Hardware includes hardware documentation. Operating system and integrated software include any software updates acquired through technical support. Hardware or parts of it may be new or like new.

    The term “Indemnified Material” refers to ASC programs, and solely with respect to the ASC Partner Network benefit cloud services, ASC content.

    The term “ASC Partner Network” refers to the American Software Contracts LLC PartnerNetwork.

    The terms “ASC PartnerNetwork policies” and “ASC policies” refer to the policies published by ASC on the ASC PartnerNetwork site (as defined below).

    The terms “ASC PartnerNetwork site” and “ASC site” refers to the ASC PartnerNetwork website locatedat www.doingerp.comandwww.doingerp.com(log in, andaccess the Agreements and Policies).

    The term “programs” refers to the software products owned or distributed by ASC which you order or download from ASC, program documentation and any program updates acquired through technical support.

    The term “program documentation” refers to the program user manual and program installation manuals.

    The term “services” refers to ASC technical support, education or other services which you use but does not include ASC cloud services.

    The term “technology programs” refers to the programs identified in the ASC PartnerNetwork policies as the technology programs.

    The term “value added package” refers to the hardware and/or software products and/or services having added value, which are developed, sold, provided, and/or licensed by you with the ASC programs, hardware, and/or services or value added sales assistance provided by you.

    The following definitions apply only to ASC PartnerNetwork benefit cloud services (as defined in the section of this agreement entitled, “Test, Development and Demonstration License to American Software Contracts LLCASC PartnerNetwork Benefit Cloud Services”):

    The term “development purpose” refers to the development and testing of interoperability between the ASC cloud services and the partner cloud services, as follows: you may develop or enhance partner cloud services software code that will work through published ASC cloud services application programming interfaces to enable interoperability between the ASC cloud services and partner cloud services (the “partner integration”).

    The term “logins” refers to the passwords and/or other access information ASC provides to you to access the ASC content.

    The term “ASC content” refers to: (a) the ASC cloud services, (b) ASC data, (c) ASC cloud services documentation, and (d) programs owned or licensed by ASC to which ASC grants you access as part of the ASC cloud services.

    The term “ASC data” refers to all text, files, images, graphics, illustrations, information, data, audio, video, photographs and other content and material, in any format, provided by ASC that reside in, or run on or through, the partner cloud services.

    The term “ASC cloud services documentation” refers to the documentation and information owned or licensed by ASC to which ASC grants you access in connection with the American Software Contracts LLCASC PartnerNetwork benefit cloud services.

    The term “ASC software” means any software agent, application or tool that ASC makes available to you for download specifically for purposes of facilitating your access to, operation of, and/or use with, the ASC cloud services.

    The term “partner cloud services” refers to your service offerings, any partner technology, and/or other materials that you provide to ASC or your customers.

    The term “partner data” refers to all text, files, images, graphics, illustrations, information, data, audio, video, photographs and other content and material, in any format, provided by you that reside in, or run on or through, the ASC cloud services.

    The term “promotional materials” refers to the pictures, screen shots, multimedia demonstrations and documentation created by you that depict or identify the connectivity and integration of the interoperating ASC cloud services and partner cloud services.

    The term “proof of concept” refers to a non-production instance of the partner integration into which you have loaded the production data (or dummy data) of potential end users for the sole purpose of testing and demonstrating the effectiveness of the partner integration for a potential end user’s specific business needs. You may not use the partner integration for production purposes and you may not permit potential end users to directly access the ASC cloud services under a proof of concept.

    The term “services specifications” refers to the following documents, as applicable to the ASC cloud services under your ASC PartnerNetwork benefit cloud services order: (a) the ASC Cloud Hosting and Delivery Policies, the program documentation, the ASC service descriptions; (b) ASC’s privacy policies; and (c) any other ASC documents that are referenced or incorporated into your order.

    B. Membership and Benefits Overview
    Following processing of your application for membership in ASC PartnerNetwork, if accepted, you will be notified that you have successfully enrolled for the annual term of this agreement. Each subsidiary that desires to be included in your membership in ASC PartnerNetwork must complete an application for membership as an associate member in accordance with the ASC PartnerNetwork policies. Following acceptance of each subsidiary’s application by ASC, each subsidiary shall be notified that such subsidiary has successfully enrolled for the annual term of this agreement as an associate member and will be included in the definition of “you” under this agreement. You agree that associate member(s) that are accepted into the ASC PartnerNetwork as set forth herein obtain their membership benefits, enablers, and rights through your ASC PartnerNetwork membership and are not granted an independent ASC PartnerNetwork membership. You are permitted to have associate member(s) as long as you continuously meet the applicable qualifiers in the ASC PartnerNetwork policies. If at any time you do not meet the qualifiers for your ASC PartnerNetwork membership in accordance with the ASC PartnerNetwork policies or your ASC PartnerNetwork membership changes and you are no longer permitted to have associate member(s) as part of your ASC PartnerNetwork membership, you agree that such associate member(s) will be removed from your ASC PartnerNetwork membership and may no longer use any ASC PartnerNetwork benefits and/or enablers.

    Your membership in ASC PartnerNetwork is subject to your payment of the annual membership fees stated in the ASC PartnerNetwork policies. Your membership may change after the current annual term of this agreement if (1) you no longer meet the applicable qualifiers for your current membership or (2) you apply to change your membership. In the event your partner membership does change, you agree to pay the annual membership fees associated with your new membership. The schedule of membership fees, incorporated in this agreement, is subject to change and all membership fees are non-cancelable and non-refundable.

    You will be given access to the ASC PartnerNetwork site as part of membership in ASC PartnerNetwork. You are responsible for compliance with the terms of this agreement. You are responsible for compliance with the Oracle.com Terms of Use accessed from the ASC PartnerNetwork site by anyone accessing the ASC PartnerNetwork site with your ASC PartnerNetwork company identifier, including without limitation your subsidiaries. You agree to defend and indemnify ASC against any claim arising out of a violation of your obligations and/or your subsidiaries’ obligations under this section.

    You will be given access to the partner benefits and enablers set forth in the ASC PartnerNetwork policies that are applicable to your membership for the annual term of this agreement, provided that the applicable partner qualifiers and requirements set forth in the ASC PartnerNetwork policies are continuously met. The ASC PartnerNetwork policies are located on the ASC PartnerNetwork siteat www.doingerp.com / www.doingerp.com(log in, andaccess the Agreements and Policies). The ASC PartnerNetwork policies incorporated in this agreement are subject to change and may contain additional terms. Please read the ASC PartnerNetwork policies carefully as they contain the specific terms applicable to ASC PartnerNetwork membership. Subject to the section of this agreement entitled Export, and the acceptance of your subsidiaries into ASC PartnerNetwork as associate members, your ASC PartnerNetwork membership is for all countries worldwide provided however, that you and each associate member’s will have access to the membership benefits and enablers only in the country in which you or the associate member is located.

    You may allow your agents and contractors to use the programs and ASC cloud services for the purposes permitted by this agreement, and you are responsible for their compliance with this agreement. Program documentation will be delivered with the programs, or may be accessed online at http://oracle.com/contracts; ASC cloud services are described and governed by the service specifications. Services are provided based on ASC’s policy for the applicable services at the time they are ordered and those policies are subject to change.

    C.      Technology Programs
    Your use of any technology programs shall be subject to the terms set out in the ASC PartnerNetwork policies and the terms of this agreement. If you qualify for and satisfy the then-current ASC PartnerNetwork policies for the technology programs and comply with this agreement, you will be granted the rights below.

    1.      Demonstration Licenses
    If the ASC PartnerNetwork policies state that you will receive technology program demonstration licenses with your membership, ASCgrants you a non-exclusive, limited license to use the technology programs identified in the ASC PartnerNetwork policies to: (a) demonstrate the programs to potential end users solely in connection with your value added package; and (b) to provide training for employees and end users solely in connection with the value added package that you distribute pursuant to a distribution agreement with ASC. Your use of such demonstration licenses shall be subject to the terms of this agreement, the ASC PartnerNetwork policies, and the terms provided in the program documentation and license definitions and rules which you may access from the ASC PartnerNetwork siteat www.doingerp.com / www.doingerp.com (log in, andaccess the Agreements and Policies).

    2.      Development Licenses
    If the ASC PartnerNetwork policies state that you will receive technology program development licenses with your membership, ASCgrants you a non-exclusive, limited license to use the technology programs identified in the ASC PartnerNetwork policies to: (a) demonstrate, develop or prototype your value added package for the intended commercial use of multiple end users; (b) provide technical support for employees and end users solely in connection with your value added package that you distribute pursuant to a distribution agreement with ASCthat authorizes you to provide technical support for the ASCprograms; and (c) provide training for the value added package to employees and end users to whom you have distributed the value added package pursuant to a distribution agreement with ASC. Development licenses may not be used to develop or administer your value added package for the exclusive use of a specific end user. Development licenses may be used to create a prototype or proof of concept of the value added package to secure an end user’s purchase of the programs. Development licenses may be used to develop a value added package for commercial use by end users as a hosted service or subscription service, provided however, that fees will be due to ASCupon your initial delivery of such hosted service or subscription service to any end user. Such fees shall be comprised of (a) annual technical support for such development licenses pursuant to ASC’s then-current price list and technical support policies; this fee is due regardless of any benefit granted pursuant to the ASC PartnerNetwork policies and is in addition to any end user technical support fees due pursuant to any applicable distribution agreement and (b) license fees for any additional licenses needed for delivery of such hosted service or subscription service. Your use of the development licenses shall be subject to the terms of this agreement the ASC PartnerNetwork policies, and the terms provided in the program documentation and license definitions and rules which you may access from the ASC PartnerNetwork siteat www.doingerp.com / www.doingerp.com (log in, andaccess the Agreements and Policies).

    D.      Application Programs
    Your use of any application programs shall be subject to the terms set out in the ASC PartnerNetwork policies, and the terms of this agreement. If you qualify for and satisfy the then-current ASC PartnerNetwork policies for the application programs and comply with this agreement, you will be granted the rights below.

    1.      Demonstration Licenses
    If the ASC PartnerNetwork policies state that you will receive application program demonstration licenses with your membership, ASC grants you a non-exclusive, limited license to use the application programs identified in the ASC PartnerNetwork policies to: (a) demonstrate the programs to potential end users solely in connection with your value added package; and (b) provide training for the value added package to your employees. Your use of the demonstration licenses shall be subject to the terms of this agreement, the ASC PartnerNetwork policies, and the terms provided in the program documentation and license definitions and rules which you may access from the ASC PartnerNetwork siteat www.doingerp.com / www.doingerp.com (log in, andaccess the Agreements and Policies).

    2.      Integration Licenses
    If the ASC PartnerNetwork policies state that you will receive application program integration licenses with your membership, ASCgrants you a non-exclusive, limited license to use the application programs identified in the ASC PartnerNetwork policies to integrate the application programs with your proprietary application program for your value added package. Integration licenses may not be used to develop or administer your value added package for the exclusive use of a specific end user. Integration licenses may be used to create a prototype or proof of concept of the value added package to secure an end user’s purchase of the programs. Your use of the integration licenses shall be subject to the terms of this agreement, the ASC PartnerNetwork policies, and the terms provided in the program documentation and license definitions and rules which you may access from the ASC PartnerNetwork siteat www.doingerp.com / www.doingerp.com (log in, andaccess the Agreements and Policies).

    E.      Program Delivery
    ASChas made the programs available to you for electronic download at the electronic delivery web site located at the following Internet URL: http://edelivery.oracle.com. Through the Internet URL, you can access and electronically download to your location the current production release as of the effective date below of the software and related program documentation for each program listed in the ASC PartnerNetwork policies. You and each associate member that receives program licenses pursuant to your ASC PartnerNetwork membership must obtain the programs directly from ASCand must access and electronically download to its location the programs identified in the ASC PartnerNetwork policies; you may not distribute the programs to any separate legal entity under this agreement. Your use of any programs that you download shall be subject to the terms set out in the ASC PartnerNetwork policies and the terms of this agreement. Provided that you have continuously maintained your membership in ASC PartnerNetwork, you may continue to download the software and related program documentation for the programs listed in the ASC PartnerNetwork policies. Please be advised that not all programs are available on all hardware/operating system combinations. For current program availability please check the electronic delivery web site specified above. You acknowledge that ASCis under no further delivery obligation under this agreement, electronic download or otherwise. You shall be responsible for installation of the software.

    F.      Technical Support
    You will be given access to the technical support enablers set forth in the ASC PartnerNetwork policies that are applicable to your membership, provided that the applicable qualifiers and requirements set forth in the ASC PartnerNetwork policies are continuously met. These enablers are subject to change at ASC’s discretion. Technical support services are provided under ASC’s technical support policies in effect at the time the services are provided and are subject to those policies and the terms of this agreement. The technical support policies, incorporated in this agreement, are subject to change at ASC’s discretion; however, ASCpolicy changes will not result in a material reduction in the level of services provided for the supported programs during the period for which your ASC PartnerNetwork membership is valid. You should review the technical support policies and you may access the current version of the technical support policies at www.doingerp.com / www.doingerp.com (log in, andaccess the Agreements and Policies).

    G.      Methodology and Engagement Materials
    Your use of the ASCconsulting methodologies and engagement materials for the programs and related documentation (“methodologies”), which are further defined in the ASC PartnerNetwork policies, shall be subject to the terms below.

    As further described in the ASC PartnerNetwork policies, ASCmay grant to you a non-exclusive, non-transferable, limited license to use and to make an unlimited number of copies of the methodologies, subject to the ASC PartnerNetwork policies, for the following purposes: (a) to use the methodologies in connection with the implementation of programs for your end users who have acquired valid licenses for such programs; (b) to provide training to your employees in use of the methodologies; (c) to demonstrate the methodologies to end users; and (d) to copy the methodologies for archival or backup purposes. You may allow your agents and contractors to use the methodologies for these purposes, subject to the terms of this agreement. All titles, trademarks, and copyright and restricted rights notices contained in the methodologies shall be reproduced in any copies of the methodologies. All copies of the methodologies shall be subject to the terms of this agreement.

    H.      Test, Development and Demonstration License to American Software Contracts LLCASC PartnerNetwork Benefit Cloud Services:
    If the ASC PartnerNetwork policies state that you will receive ASCcloud services with your membership, ASCgrants you the right to order ASCcloud services for your use as set forth in the ASC PartnerNetwork policies and below. In the event that you do qualify and choose to order such ASCcloud services pursuant to an ASC PartnerNetwork benefit cloud services order, you may only use the ASCcloud services as set forth in the ASC PartnerNetwork benefit cloud services order subject to the ASC PartnerNetwork policies and terms set forth below. At all times during the services period for the ASC PartnerNetwork benefit cloud services order, you must maintain a current valid ASCPartnerNetwork membership and meet the required qualifiers set forth in the ASC PartnerNetwork policies to receive the ASCcloud services. In the event you do not meet these requirements at any time during the services period set forth in the ASC PartnerNetwork benefit cloud services order, the services period and your right to use the ASCcloud services will immediately terminate.

    1.      Use of the Services
    Upon entering into the ASC PartnerNetwork benefit cloud services order, ASCgrants you a nontransferable, nonexclusive, worldwide, royalty-free, limited license during the services period set forth therein to: (a) access and use the ASCcontent and, subject to the terms and conditions of the section of this agreement entitled Logo License, the ASClogos, solely for the development purpose and to demonstrate and market the interoperability of the ASCcloud services with the partner cloud services, including but not limited to the development of the promotional materials, the development of the partner integration and making a reasonable number of copies of the ASCcloud services documentation; (b) access and use the ASCcontent to present a proof of concept of the partner integration to potential end users, (c) provide training to your employees and end users to whom you have distributed the valuae added package on the interoperability of the ASCcloud services with the Partner cloud services and (d) copy, translate, broadcast, transmit, distribute, exhibit, perform, publish, display and demonstrate the promotional materials solely to demonstrate and market the interoperability of the ASCcloud services with the partner cloud services.

    You may not, and may not cause or permit others to (a) use the ASCcloud services to harass any person; cause damage or injury to any person or property; publish any material that is false, defamatory, harassing or obscene; violate privacy rights; promote bigotry, racism, hatred, or harm; send unsolicited bulk e-mail, junk mail, spam, or chain letters; infringe property rights; or otherwise violate applicable laws, ordinances or regulations; (b) perform or disclose any benchmarking or availability testing of the ASCcloud services; (c) perform or disclose any performance or vulnerability testing of the ASCcloud services without ASC’s prior written approval, or perform or disclose network discovery, port and service identification, vulnerability scanning, password cracking or remote access testing of the ASCcloud services; (d) use the ASCcloud services to perform cyber currency or crypto currency mining ((a) through (d) collectively, the “Acceptable Use Policy”). In addition to the other rights that ASChas in the Agreement and the ASC PartnerNetwork benefit cloud services order, ASChas the right to take remedial action if the Acceptable Use Policy is violated, and such remedial action may include removing or disabling access to material that violates the policy.

    During the applicable services period of the ASC PartnerNetwork benefit cloud services order, ASCmay update the ASCcloud services and the services specifications to reflect changes in, among other things, laws, regulations, rules, technology, industry practice, patterns of system use, and availability of third party content. ASCupdates to the ASCcloud services will not materially reduce the level of performance, functionality, security or availability of the ASCcloud services during the services period of the ASCbenefit cloud services order.

    2.      User Accounts
    ASCmay provide logins to enable you to access the ASCcontent under the ASC PartnerNetwork benefit cloud services order. Logins may only be used for the sole purpose of accessing and using the ASCcontent as provided in the ASC PartnerNetwork benefit cloud services order. You are responsible for maintaining the confidentiality of the logins and account information provided by ASC. You are responsible for all activities that occur under the logins or accounts provided by ASCor as a result of your access to the ASCcontent. You will promptly notify ASCwith reasonable security details if (a) additional logins are needed for the ASCcontent, (b) particular logins provided by ASCare no longer being used or need to be replaced or (c) the security of any logins or accounts provided by ASChave been compromised, including but not limited to the unauthorized use or disclosure of the logins or user accounts provided by ASC.

    3.      Data
    ASCmakes no assurances that any of the partner data will be secured or that such data will remain confidential. Accordingly, ASCadvises that you not place any personal information, confidential information or other sensitive or production data into the ASCcloud services. You acknowledge that the ASCcloud services are not designed for use with personal information, confidential information or other sensitive or production data (including business content). As used herein, “personal information” shall have the same meaning as the term “personal data”, “personally identifiable information (PII)” or the equivalent term under applicable data protection law. The ASCData Processing Agreement for ASCServices does not apply to any ASCcloud services or partner data under this agreement.

    ASCRESERVES THE RIGHT AT ITS SOLE DISCRETION TO DELETE, AT ANY TIME AND FOR ANY REASON, ANY CONTENT, APPLICATION OR SOFTWARE IN THE ASC CLOUD SERVICES, INCLUDING BUT NOT LIMITED TO ANY PARTNER DATA. ANY CONTENT, APPLICATION OR SOFTWARE MAY BECOME PERMANENTLY LOST IF SO DELETED. ASChas no obligation to monitor the partner data, but at its sole discretion, may access, monitor, and/or review your activity, and the partner data in the ASCcloud services. You have sole responsibility for the accuracy, quality, integrity, legality, reliability, appropriateness and ownership of all partner data.

    You will not include any production data in the partner data or use the ASCcontent for any commercial purpose except as specifically provided in in this agreement and your ASC PartnerNetwork benefit cloud services order.

    You will obtain at your sole expense any rights and consents from third parties necessary for the partner data and any other third party content or vendors’ products provided by you that you use with the ASCcloud services, including such rights and consents as necessary for ASCto provide the ASCcloud services under the ASC PartnerNetwork benefit cloud services order.

    4.      Branding and Marketing
    When demonstrating the ASCcontent and/or the promotional materials to any actual or potential partners or end users, you shall indicate that the ASCcontent is licensed from ASC, and you will not alter, remove or obscure any of ASC’s branding, copyright notices or indications of origin visible in the demonstration of the ASCcontent or promotional materials. If requested by ASC, you will provide ASCwith copies of the promotional materials created and/or modified by you and will address any modifications proposed by ASC. If the parties are unable to reach an agreement on any such modifications, you will terminate any and all use of the associated promotional materials subject to your survival rights as set forth below.

    5.      Third Party Web Sites, Content, Products and Services
    The ASCcloud services may enable the addition of links to Web sites and access to material, products, and services of third parties, including users, advertisers, affiliates and sponsors of such third parties. Except as specifically provided in the ASC PartnerNetwork benefit cloud services order, (a) ASCis not responsible for any third party Web sites or third party material provided on or through the ASCcloud services and (b) each party bears all risks associated with the access and use of such Web sites and third party material, products and services.

    6.      Unsolicited Communication
    You agree that you will not send unsolicited communication to third party participants through any ASCcloud services channel (email, instant messaging, documents, etc.).

    7.      ASCSoftware
    ASCmay provide you with the ability to obtain certain ASCsoftware for use with the ASCcloud services. If we provide ASCsoftware to you and do not specify separate terms for such software, then such ASCsoftware is provided as part of the ASCcloud services and you have the non-exclusive, worldwide, limited right to use such ASCsoftware, subject to the terms of this agreement (except for separately licensed elements of the ASCsoftware, which separately licensed elements are governed by the applicable separate terms), solely to facilitate your use of the ASCcloud services. You may allow your users to use the ASCsoftware for this purpose, and you are responsible for their compliance with the license terms. Your right to use any ASCsoftware will terminate on the earlier of our notice (by web posting or otherwise) or the end of the ASCcloud services associated with the ASCsoftware. Notwithstanding the foregoing, if ASCsoftware is licensed to you under separate terms, then your use of such software is governed by the separate terms. Your right to use any part of the ASCsoftware that is licensed under the separate terms is not restricted in any way by this agreement.

    8.      Suspension
    We may suspend your access to or use of the ASCcloud services if we believe (a) there is a significant threat to the functionality, security, integrity, or availability of the ASCcloud services or any content, data, or applications in the ASCcloud services; (b) you are accessing or using the ASCcloud services to commit an illegal act; or (c) there is a violation of the Acceptable Use Policy. When reasonably practicable and lawfully permitted, we will provide you with advance notice of any such suspension. We will use reasonable efforts to re-establish the ASCcloud services promptly after we determine that the issue causing the suspension has been resolved.

    I.      Hardware and Additional ASCResources
    Subject to ASC’s approval and in its sole discretion, you may be authorized to obtain hardware with a limited right to demonstrate such hardware to third parties and/or to develop your value added hardware package. Your right to demonstrate hardware or use hardware to develop your value added package shall be subject to the terms of this agreement and additional written terms required by ASC.

    From time to time, during the term of this agreement, ASCmay provide you with access to ASC

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