Oracle Financing and Legal Policies

Third Party Financing Policy

This Third Party Financing Policy applies to all commercial and public sector transactions where a customer acquires Oracle products and services (whether from Oracle or its distribution partner), and pays through an arrangement that involves a non-Oracle affiliate (e.g. financing, leasing or factoring of receivables/payables). Such non-Oracle entity could include a distribution partner or its affiliate. These transactions are subject to this policy and the required documents per below. This policy and required documents are subject to change at Oracle's discretion.

Pre-Delivery Transactions

Where the hardware software, or services have not been delivered to the customer, the transaction is subject to the following requirements:

• Third Party Financing Notice - Required for Hardware, Software, and Services Transactions (PDF)
  All financing and leasing transactions are subject to this Notice.
• Purchase Order Assignment (Direct) - Required for transactions where there is a request for Oracle to invoice the third party leasing entity (DOC)
  This document must be fully executed and returned to Oracle together with the order from customer. If the hardware, software and services have already been delivered to the customer, then Oracle cannot invoice the leasing company, and this form cannot be used.
• Financing Confirmation Letter (Indirect) - Required for transactions where a Partner is the supplier of the software or hardware to customer and the customer is entering into a financing or leasing transaction with a third party entity (DOC)
  This document must be fully executed and returned to Oracle together with the order from partner.
• Limited Consent to Transfer - Required for all Lease Transactions (DOC)
  This document must be fully executed and delivered to Oracle together with the order. It is required for all lease transactions, except for transactions where a Purchase Order Assignment has been fully executed and returned to Oracle.

Post-Delivery Transactions

Where the hardware, software, or services have already been delivered to the customer, Oracle cannot invoice the third party leasing entity. Post-Delivery Transactions are subject to the following requirements:

• Third Party Financing Notice - Required for Hardware, Software and Services Transactions (PDF)
  All financing and leasing transactions are subject to this Notice.
• Limited Consent to Transfer - Required for all Lease Transactions (DOC)
  This document is required for all lease transactions. It must be fully executed and delivered to Oracle so that lessor can obtain the right to lease pursuant to the terms of Limited Consent to Transfer.

Public Sector Transactions

This policy applies where the public sector or its partner is acquiring Oracle products and/or services (whether from Oracle or a distribution partner), and chooses to pay for its acquisition through a non-Oracle affiliate using various payment structures (e.g. financing, leasing, factoring of receivables/payments). These transactions are subject to Oracle Financing (OFD) review to ensure that the arrangement complies with Oracle’s policies (e.g. no transfer of software, export compliance, support in arrears, complete and committed transaction), applicable laws and regulations as it relates to financing, leasing or the discounting of receivables, and avoids invalid contract claims. OFD review also ensures that Oracle does not incur additional obligations (e.g. no sell provisions), and Oracle’s interests are protected (e.g. no partial payments or partial terminations, no pay as you go arrangements, requirements for the public sector to certify non-use, commit to appropriations for future payments, and confirm that products/services are essential to their operations).

In order to mitigate the potential risks in these transactions, OFD will provide the required documents for such transactions and advise on the relevant processes. To ensure compliance with this policy, please contact OFD at ofdbusinesspractices_ww@oracle.com for the requirements.

Translations

Financing and Legal Policies are translated into the following languages:

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Other Transactions

For transactions not addressed above, please contact OFD at ofdbusinesspractices_ww@oracle.com for the requirements.

Last Updated: December, 2022