Common use of Oracle Clause in Contracts

Oracle. The following terms are applicable to a certain Embedded Application known as Oracle Database Enterprise Edition (the “Oracle Software”): a) Oracle USA, Inc. (“Oracle”) will have no liability whatsoever to Customer for any damages, whether direct, indirect, incidental, or consequential arising from Customers use of Subscription Services or the Oracle Software. b) Customer is prohibited from publishing the results of any benchmark tests run on the Oracle Software. c) Customer will be prohibited from timesharing, rental, facility management, or service bureau use of the Oracle Software. d) Customer’s records may be audited, by PowerSchool or Oracle, during normal business hours to verify compliance with the terms of this Agreement. e) Oracle will be a third-party beneficiary of this Agreement. f) Oracle will have no performance obligation or liability to Customer in connection with this Agreement. Should the Oracle Software contain any source code provided by Oracle, such source code will be governed by the terms of this Agreement.

Oracle. The following terms are applicable to a certain Embedded Application known as Oracle MySQL Database Enterprise Edition (the “Oracle Software”): a) Oracle USA, Inc. (“Oracle”) will have no liability whatsoever to Customer for any damages, whether direct, indirect, incidental, or consequential arising from Customers use of Subscription Services or the Oracle Software. b) Customer is prohibited from publishing the results of any benchmark tests run on the Oracle Software. c) Customer will be prohibited from timesharing, rental, facility management, or service bureau use of the Oracle Software. d) Customer’s records may be audited, by PowerSchool Good-Lite or Oracle, during normal business hours to verify compliance with the terms of this Agreement. e) Oracle will be a third-third party beneficiary of this Agreement. f) Oracle will have no performance obligation or liability to Customer in connection with this Agreement. Should the Oracle Software contain any source code provided by Oracle, such source code will be governed by the terms of this Agreement.

Oracle. The following terms are applicable to a certain Embedded Application known as Oracle Database Enterprise Edition (the “Oracle Software”): a) Oracle USA, Inc. (“Oracle”) will have no liability whatsoever to Customer for any damages, whether direct, indirect, incidental, or consequential arising from Customers use of Subscription Services or the Oracle Software. b) Customer is prohibited from publishing the results of any benchmark tests run on the Oracle Software. c) Customer will be prohibited from timesharing, rental, facility management, or service bureau use of the Oracle Software. d) Customer’s records may be audited, by PowerSchool or Oracle, during normal business hours to verify compliance with the terms of this Agreement. e) Oracle will be a third-third party beneficiary of this Agreement. f) Oracle will have no performance obligation or liability to Customer in connection with this Agreement. Should the Oracle Software contain any source code provided by Oracle, such source code will be governed by the terms of this Agreement.