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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Tuesday
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Execulke
clear
Ills
able
to
shot
Sunmaryl
0t
Home
SAP
the
am
Theyve
to
gone
the
for
proposals
the proposal
of
not supportive
Support-only
SAP hook
they over
If
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
Home
to
and
Depot
approve
masons
following
and
line
HCM
year we were
last
loss
us thSr
to
sinker so there
is
turnaround
no
hero
opportunity
even
to
try
salvage
to
believe
pricing
cosng SAP
next
gets out
number
en
of
only erodes
our
the
of
and
profits
prop while
value
nothing
carries
option
and
TomorrowNOw
match
to
strategy
to
Support-only
word
financial
significant
On
does
always
It
Support-only
to
requests
with
compote
to
risk
the possiblity
of
this
rest
Renewals
our
am
alone
option
TomorrowNow
Customers
when
portfolio
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might
go
getting
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this
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masse
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or
SAP wont
note
why SAP
posftioning
dear
we
sure thats
That
years
make
of
want
actually
deep
these
on
someone
is
if
they
be
will
get them
caret
look
to
starting
finally
sales rep
opinion
of
to
the medium/long
in
this
your exposing
dive
so
Juergens
thing
to
his
and
speak
knowledge
out
is
in
and
of
to
order
for
higher
Information
Attorneys
Eyes
in
Juergen
for
respect
your
level
no
plans
SAP CUE
approval
afl
which
picture
profit
to
world as
for this
implement
to
the
at
with
too long
To be
customers
laggards
is
they are not
if
then
in
not
run
position
view
the
of
call
and
and
Review
America
experience
your
some Insight that warrants overriding my
OSSINFO so that Home Depor Olympus
Confidential
TomorrowNow
and
only
rights
customers
malntenance-Only
think
customers
SAP
at
may have
copIed
of
bunch
dont
maintenance
Update/Upgrade
if
bed
result
And given
money
and
win
then
to
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breaWfix
agreement
our Support
Bill
as
second
going
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McDermott
get
CEO
challenged
every
to
SAP Premium 22% maintenance
option as the standard
TomorrowNow fdls up with unprofitable
EVERY renewal but
PeopleSoft/JDE
said
as
long ago
Americas
the
is
such
profitable
this
of
proposWon
SAP
TomoaowNow
upgrade
took
value
the care
elirninate5
makes
our service
conmodiuzes
option
Support-only
Highly
And
in
the future
retning this customer
Back Support and negotiated
them
considered
communicated
as they migrate
interim
standard
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we
While
they have
However
technicafity
In
B22-064oc
to
committed
is
them
support
at
so under
th
on
thorn
renew
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and
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and
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to
be
be
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prerogative
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reviewed
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Thanks
Regards
Juan
Home
Depot
0%
want
$600k and no upgrade
with
proposed
and no usage calls
$1 7m/1 9% net want 50% reduction
net
rights
standard
Paying
Abitibi
to
drop
$843k11
re-prIce
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net and no upgrade
rights
Message
madsen
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Sent
Friday August
FW
Subject
Approved
25 2006 727 PM
Home Depot Executive
reduce
to
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170525
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FromRick
to
keep
TN
out of the
account
appr@oracl
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Summary
Executive
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22
DateTue
600k
Message
Original
SubjectW
to
support
Summary
CCLACHS ROBERT
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.pcJ.QIT1
co chrismadsen
appr@oracie.com
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 303-334-4795
Fax 303-334-1288
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
Now
pricing
and
we
cannot
at
If
to
the
the door
renewal
had
they
year
us
their
same
of
Confidential
this
intent
there
to
is
of
go
piece
after
support
year they
to
however
notice
come
have
TomorrowNow
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