Common use of HARDWARE DEVICES Clause in Contracts

HARDWARE DEVICES. The terms in this Section 12 (Hardware Devices) only apply to an order which includes a Hardware Device. 12.1. Your order may include a Hardware Device (as defined below), which You may use with the applicable Services as described in the Service Specifications. The terms of this Agreement and Your order (including those terms that refer to Services) govern Hardware Devices, the Operating System and Integrated Software (both as defined below), unless expressly stated otherwise in this Section 12, or if the terms by their nature would be inapplicable to Hardware Devices. 12.2. We provide a limited warranty for Hardware Devices as described in the Oracle Hardware Warranty available at ▇▇▇▇://▇▇▇.▇▇▇▇▇▇.▇▇▇/contracts/hardware. Any changes to the Oracle Hardware Warranty will not apply to Hardware Devices ordered prior to such change. TO THE EXTENT NOT PROHIBITED BY LAW, THE ORACLE HARDWARE WARRANTY IS EXCLUSIVE AND ALL OTHER WARRANTIES OR CONDITIONS WITH RESPECT TO HARDWARE DEVICES, WHETHER EXPRESS OR IMPLIED, ARE EXPRESSLY EXCLUDED, INCLUDING, WITHOUT LIMITATION, FOR MERCHANTABILITY, SATISFACTORY QUALITY AND FITNESS FOR A PARTICULAR PURPOSE. 12.3. We provide technical support services for Hardware Devices as described in the Service Specifications and/or Oracle’s Hardware and Systems Support Policies in effect at the time the technical support services are provided (available at ▇▇▇▇://▇▇▇.▇▇▇▇▇▇.▇▇▇/contracts/hardware), as applicable. 12.4. With respect to our indemnification for Hardware Devices under Section 8, notwithstanding the provisions of Section 8.2, if we believe or it is determined that the Hardware Device (or portion thereof) may have violated a third party’s intellectual property rights, we may choose to either replace or modify the Hardware Device (or portion thereof) to be non-infringing (while substantially preserving its utility or functionality) or obtain a right to allow for continued use, or if these alternatives are not commercially reasonable, we may remove the applicable Hardware Device (or portion thereof) and refund the net book value for the Hardware Device.

HARDWARE DEVICES. The terms in this Section 12 (Hardware Devices) only apply to an order which includes a Hardware Device. 12.1. Your order may include a Hardware Device (as defined below), which You may use with the applicable Services as described in the Service Specifications. The terms of this Agreement and Your order (including those terms that refer to Services) govern Hardware Devices, the Operating System and Integrated Software (both as defined below), unless expressly stated otherwise in this Section 12, or if the terms by their nature would be inapplicable to Hardware Devices. 12.2. We provide a limited warranty for Hardware Devices as described in the Oracle Hardware Warranty available at ▇▇▇▇://▇▇▇.▇▇▇▇▇▇.▇▇▇/contracts/hardware. Any changes to the Oracle Hardware Warranty will not apply to Hardware Devices ordered prior to such change. TO THE EXTENT NOT PROHIBITED BY LAW, THE ORACLE HARDWARE WARRANTY IS EXCLUSIVE AND ALL OTHER WARRANTIES OR CONDITIONS WITH RESPECT TO HARDWARE DEVICES, WHETHER EXPRESS OR IMPLIED, ARE EXPRESSLY EXCLUDED, INCLUDING, WITHOUT LIMITATION, FOR MERCHANTABILITY, SATISFACTORY QUALITY AND FITNESS FOR A PARTICULAR PURPOSE. 12.3. We provide technical support services for Hardware Devices as described in the Service Specifications and/or Oracle’s Hardware and Systems Support Policies DQG RU 2UDFeOaHnd¶SVys te+mDs SUuGppZorDt PUolicies in effect at the time the technical support services are provided (available at ▇▇▇▇://▇▇▇.▇▇▇▇▇▇.▇▇▇/contracts/hardware), as applicable. 12.4. With respect to our indemnification for Hardware Devices under Section 8, notwithstanding the provisions of Section 8.2, if we believe or it is determined that the Hardware Device (or portion thereof) may have violated a third party’s intellectual property rights, we may choose to either replace or modify WKLUG SDUW\¶V LrigQhtWs,HwOe mOaHy cFhoWoXseDtoOe ithSerUreRplaSceHoUr mWo\dify the Hardware Device (or portion thereof) to be non-infringing (while substantially preserving its utility or functionality) or obtain a right to allow for continued use, or if these alternatives are not commercially reasonable, we may remove the applicable Hardware Device (or portion thereof) and refund the net book value for the Hardware Device. 12.5. ³+DUGZDUH´i s d'efHineYdLasFhHardware that meets both of the following requirements: (a) the hardware is managed by or used as part of the Services, and (b) the hardware is designated as a Hardware Device by Oracle. Title to Hardware Devices will transfer to You upon delivery to You unless otherwise specified in Your order. 12.6. ³2SHUDWLQJ 6\VeWsoHftPwa´re thUatHmIanHagUeVs t heWHRar dwWarKe