Oracle Corporation et al v. SAP AG et al

Filing 1201

Declaration of Tharan Gregory Lanier in Support of 1182 Statement Declaration of Tharan Gregory Lanier iso Joint Statement Regarding Exhibit Objections filed bySAP AG, SAP America Inc, Tomorrownow Inc. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6, # 7 Exhibit 7, # 8 Exhibit 8, # 9 Exhibit 9, # 10 Exhibit 10, # 11 Exhibit 11, # 12 Exhibit 12, # 13 Exhibit 13, # 14 Exhibit 14, # 15 Exhibit 15, # 16 Exhibit 16, # 17 Exhibit 17, # 18 Exhibit 18, # 19 Exhibit 19, # 20 Exhibit 20, # 21 Exhibit 21, # 22 Exhibit 22, # 23 Exhibit 23, # 24 Exhibit 24, # 25 Exhibit 25, # 26 Exhibit 26, # 27 Exhibit 27, # 28 Exhibit 28, # 29 Exhibit 29, # 30 Exhibit 30, # 31 Exhibit 31, # 32 Exhibit 32, # 33 Exhibit 33, # 34 Exhibit 34, # 35 Exhibit 35, # 36 Exhibit 36, # 37 Exhibit 37, # 38 Exhibit 38, # 39 Exhibit 39, # 40 Exhibit 40, # 41 Exhibit 41, # 42 Exhibit 42, # 43 Exhibit 43, # 44 Exhibit 44, # 45 Exhibit 45, # 46 Exhibit 46, # 47 Exhibit 47, # 48 Exhibit 48, # 49 Exhibit 49, # 50 Exhibit 50, # 51 Exhibit 51, # 52 Exhibit 52, # 53 Exhibit 53, # 54 Exhibit 54, # 55 Exhibit 55, # 56 Exhibit 56, # 57 Exhibit 57, # 58 Exhibit 58, # 59 Exhibit 59)(Related document(s) 1182 ) (Froyd, Jane) (Filed on 8/2/2012)

EXHIBIT 3

From

Juan

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to

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the

am

Theyve

to

gone

the

for

proposals

the proposal

of

not supportive

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SAP hook

they over

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want

to

clear

is

it

have

to

we

that

do

not

they should

come back

Fees

Reinstatement

halve

to

SAP So

to

intent

our Support

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to

and

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approve

masons

following

and

line

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year we were

last

loss
us thSr

to

sinker so there

is

turnaround

no

hero

opportunity

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to

try

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to

believe

pricing

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number
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only erodes

our

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of

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value

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for

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customers

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bunch

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maintenance

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if

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said

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Thanks

Regards
Juan

Home

Depot

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want

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with

proposed

and no usage calls
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net

rights

standard

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to

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net and no upgrade

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Sent

Friday August

FW

Subject

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Home Depot Executive

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to

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FromRick

to

keep

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Summary

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DateTue

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to

support

Summary

CCLACHS ROBERT

-0600

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co chrismadsen

[e-mail]

robertIachs@orackcom

Approved

Chris

Home
get

us

told

Depot

this

back

from

last

year

that

they would

net

be

renewing

with

us

this

year

We

are being

aggressive

and

trying

to

Now

Tomorrow

Regards
Rick

Rick

Cumm

ins

ORACLE
Senior

SrvIe

Support

North

Director

America

Support

Services

One Technology
Way
Denver Co 80237
Phone [phone]
Fax [phone]
Message

Original

prom

Robert

Sent Tuesday
Tot

Lachs
August

22

2006

1227

PM

rick.cumminsoracicQrn

Subject

Home

Depot

Executive

Summary

Rick

This executive
have

otherwise

they migrate

Approver

Highly

with
Home Depot
resort
this years support revenue
last
summary represents
attempt to salvage
their intent to have
TomorrowNow
support them in the interim
already communicated to me today

HRMS

to

SAP

The request represents an

end-of-life

They
as

approach

HQApps

Confidential

Information

Attorneys

Eyes Only

ORCLOOI

73510

Request
Offer

End

of

Life

reduced

are

Term

to

Home

$1307084

from

provide cancellation

paid

notice

at

that

match

to

whereby

Depot

offer

TomorrowNoW

from

year
the end of

support
This support

would

option

not

them

entitle

support

fees

They would
September renewal to $600000
annual period they would expire
the renewed

last

to

new

However

upgrades

releases/major

within

the

goes south

SAP

to
if their
implementation
option
paid had
the delta of what would have been
to support
by paying
based on the point at which they are
at full price and to pay that delta
initially
they renewed
also waive any additive
and not retro to the beginning of the support year We would
reinstating

Home

annual support period allow
reinstate the upgrade
option

Depot

the

50% penalty fee
Justification

As

is

public

investment

Depot has made
schedule
lone PeopleSoft Enterprise

Home

SEBL customer

aside from being
Knowledge
with SAP and is now migrating

their

very
of

SAP
fact

In

last

due

of negotiations

do not make

they

left

to

inform

open

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pricing

and

we

cannot

at

If

to

the

the door

renewal

had

they

year

us

their

same
of

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this

intent

there

to
is

of

go

piece

after

support

year they
to

however

notice

come

have

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of

mind

to

having

we

forced

the previous
to

us

as part
Oracle

in

of

the renewal

support

advance
this

safe

support

if

period

enterprise

HRMS

to

after
months
occur
had expired
Ensuring
to

27th
of their
September
They have
passge migration
we can match TomorrowªS

above

the

with Home
Depot are warranted and we will
above no more discussions
for the above
request we will at least get an audience
we can garner approval

the

offer

process the cancellation
reasonable
chance
to

Highly

their

provide

use

accidental
mistake

believing

least

cancellation

provided

large

products

If

retain

Information

them

as

Attorneys

customer

Eyes

Only

for

one

and

more year

ORCLOOI

73511