|
14. THIRD PARTY WEB SITES, CONTENT, PRODUCTS AND SERVICES
<br />14.1 The Services may enable You to link to, transmit Your Content to, or otherwise access, other Web sites, platforms, content,
<br />products, services, and information of third parties. Oracle does not control and is not responsible for such Web sites or
<br />platforms or any such content, products, services and information accessiblefrom or provided through the Services, and You
<br />bear al I risks associated with access to and use of such Web sites and third party content, products, services and information.
<br />14.2 Any Third Party Content made accessibleby Ora cIels provided on an "as -is"and "as available' basis without any warranty
<br />of any kind. Third Party Content maybe indecent, offensive, inaccurate, infringing or otherwise objectionable or onIawful, and
<br />You acknowledge that Oracle is not responsible for and under no obligation to control, monitor or correct Third Party Content;
<br />however, Ora cIereserves the right to take remedial action if any such content violates a pplicablerestrictions under Section 6.2
<br />of this Agreement, including the remova I of, or dis a blement of access to, such content. Ora c I edisc I aims a[ I I tabilities arising from
<br />or related to Third Party Content.
<br />14.3 You acknowledge that: (i) the nature, type, qua I ity and a vai l ability of Third Party Content may change at anytime during
<br />the Services Period, and (ii) features of the Services that interoperate with third parties such as Facebook", YouTube" and
<br />Twitter TM, etc. (each, a "Third Party Service"), depend on the continuingavailabilityof suchthird parties' respective application
<br />programming interfaces (APIs)forusewiththeServices. Oraclemay update, changeormodify the Services under this Agreement
<br />as a resultof a change in, or unavailability of,such Third Party Content, Third Party Services or APIs. If anythird party ceases to
<br />make its Third Party Content or APIs availableon reasonableterms forthe Services, as determined by Oraclein its sole discretion,
<br />Oraclemay cease providing access to the affected Third Party Content or Third Party Services without any liability to You. Any
<br />changes to Third Party Content, Third Party Services or APIs, including their availability or unavailability, duringthe Services
<br />Period does not affect Your obligations underthis Agreement orthe applicableorder,and You will notbe entitled to any refund,
<br />creditor other compensation due to any such changes.
<br />14.4 Any Third Party Content that You store in Your Services Environment will counttowards any storage or other allotments
<br />applicabletothe Cloud Services that You ordered.
<br />15. SERVICES TOOLS AND ANCILLARY SOFTWARE
<br />15.1 Ora clemay use tools, scripts, software, and uti I ities (collectively, the "Fools") to monitor and a dminis ter the Services and to
<br />help resolve Your Oracles ervi ce requests. The Tools will notcollector store anyof Your Content or Your Applications residing in
<br />the Services Environment, except as necessaryto provide the Services or troubleshoot servicerequests or other problems in the
<br />Services. Information collected by the Tools (excluding Your Content and Your Applications) may also be used to assist in
<br />managing Oracles product and service portfolio,to help Oracleaddress deficiencies in its product and serviceofferings, and for
<br />licenseand Services management.
<br />15.2 Oracle may provide You with on-line access to download certain Ancillary Software for use with the Services. If Oracle
<br />licenses Ancillary Softwareto You and does not specifyseparateterms for such Anci Ilary Software, then, subject to Your payment
<br />obligations, (i) You have the non-exclusive, non -assignable, worldwide limited right to use such Ancillary Software solely to
<br />facilitate Your access to, operation of, and/or use of the Services Environment, subjectto the terms of this Agreement and Your
<br />order, i ncl udingthe Services Specifications, (ii) Oraclewill maintain such Anci IlarySoftwareas part of the Cloud Services, and (iii)
<br />Your right to use such Ancillary Software will terminate upon the earlier of Oracles notice (which may be through posting on
<br />https://support.oracle.com or such other URL designated by Oracle) or the end of the Cloud Services associated with the Ancillary
<br />Programs. If Ancillary Software is licensed to You under separate third party license terms, then Your use of such software is
<br />subjectsolelyto such separateterms.
<br />16. SERVICE ANALYSES
<br />Oraclemay (i) compilestatistical and other information rel ated to the performance, operation and useof the Services, and (ii) use
<br />data from the Services Environment in aggregated form for security and operations management, to create statistical analyses,
<br />andfor research and development purposes (clauses i and ii arecol lectively referred to as "Service Analyses"). Oraclemay make
<br />Service Analyses publicly available; however, Service Analyses will not incorporate Your Content or Confidential Information in a
<br />EXHIBIT CHERRYROAD/ORACLE CLOUD SERVICES AGREEMENT
<br />ATTY/AGR/2019.118/CHERRYROAD ERP IMPLEMENTATION SERVICES
<br />REV: 05-13-19 PR Page 120 of 172
<br />D-8
<br />
|