Oracle Corporation et al v. SAP AG et al

Filing 1206

Declaration of Nargues Motamed in Support of 1202 Statement Joint Statement in Support of Evidentiary Issues filed byOracle International Corporation. (Attachments: # 1 Exhibit A-0059, # 2 Exhibit A-6329-1, # 3 Exhibit A-0367, # 4 Exhibit A-5042, # 5 Exhibit A-5997, # 6 Exhibit A-6042-1, # 7 Exhibit A-6205-1, # 8 Exhibit A-5193, # 9 Exhibit A-5995, # 10 Exhibit A-5058, # 11 Exhibit A-5002-1, # 12 Exhibit A, # 13 Exhibit B, # 14 Exhibit C, # 15 Exhibit D, # 16 Exhibit E, # 17 Exhibit F, # 18 Exhibit G, # 19 Exhibit H, # 20 Exhibit I, # 21 Exhibit J, # 22 Exhibit K, # 23 Exhibit L, # 24 Exhibit M, # 25 Exhibit N, # 26 Exhibit PTX 0008, # 27 Exhibit PTX 0014, # 28 Exhibit PTX 0161, # 29 Exhibit O, # 30 Exhibit P, # 31 Exhibit Q, # 32 Exhibit R, # 33 Exhibit PTX 4809, # 34 Exhibit PTX 4819, # 35 Exhibit PTX 0012, # 36 Exhibit PTX 0024, # 37 Exhibit PTX 0960, # 38 Exhibit PTX 7028, # 39 Exhibit S, # 40 Exhibit T, # 41 Exhibit U, # 42 Exhibit V, # 43 Exhibit W, # 44 Exhibit PTX 8040, # 45 Exhibit PTX 2582, # 46 Exhibit X, # 47 Exhibit Y, # 48 Exhibit PTX 8112, # 49 Exhibit PTX 8111, # 50 Exhibit PTX 8108)(Related document(s) 1202 ) (Howard, Geoffrey) (Filed on 8/2/2012)

Tracy" LAW

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U1\ITED STATES DISTRICT COURT
NORTHERN DISTRICT OF CALIFORNIA

Case No. __4-'-'.:-"-07'-----=-cv-'-----=-O=16=5""S--"'P-"'JHIE==D=L=____
DEFENDANT Exhibit No. A-5002-1
Date Admitted:
By:

_
_

Nicole Heuennan, Deputy Clerk

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Cathy and Jim,
I spoke with Oracle about lowering their price for JOE support to be more competitive with
TomorrowNow. They are looking into it but we need to gather some data to help them sell that
to their management. One way to sell a price decrease was to look at how many users would
decrease next year and beyond. With this information Oracle was thinking it was their best
chance of selling a maintenance price decrease. Can either of you help with estimating this
information?
Bettina
----0riginal Message----From: Trent, Cathy
sent: Tuesday, September 06,20059:33 PM
To: Bock, Jim; Pickering, Bettina
Subject: RE: FW: TomorrowNow JOE Maintenance Support
I spoke with TomorrowNow and they actually seem to provide more service than
Oracle. I think it is the right choice. I also spoke with Pieter, and since they have a
European presence also, he was fine with it.
---0riginal Message---From: Bock, Jim
sent: Tuesday, September 06,20056:02 PM
To: Pickering, Bettina; Trent, Cathy
Subject: RE: FW: TornorrowNow JOE Maitenance Support
Cathy - this now appears to be the right choice, without any downside. Were you
able to confirm equivalent service levels with Bob?
Bettina - are you close enough to this market to know if it is worth the energy to
do any further diligence on TomorrowNow competitors before we commit?
Thanks,
Jim
----0riginal Message-From: Pickering, Bettina
sent: Thursday, september 01,200511:30 AM
To: Bock, Jim; Trent, Cathy
Subject: FW: FW: TomorrowNow JOE Maitenance Support
FYI, Jim it looks like we could still sign up early but would not be billed
until 1/1/06.
----Original Message----From: Bob Stephens [mailto:[e-mail]]
sent: Thursday, september 01, 2005 11:28 AM
To: Pickering, Bettina
Subject: Re: FW: TomorrowNow JDE Maitenance Support

Hi Bettina,
Just so you know, I was also contacted this morning by Cathy Trent and
described to her the nature of our services and processes.
In response to your questions though not in the order in which you asked:

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Page 3 of4

L

Since your maintenance with Oracle expires 12131/05, there is a
slight potential for ndegradationn in service levels if we don't have
approximately 3o-days to prepare for the transition. We would use
that time period to assist Amgen in downloading any existing fixes
to its current software versions that might not have applied for
various reasons. Without doing this, though any subsequent
problem would be fixed, it could be delayed if we had to custom
develop a fix that was previously available.
2. Regardless of when in 2005 you signed up with our services, you
would be billed effective 1/1/06 and have 30 days to pay.
3. Their is no requirement or problem with waiting to execute the
contract up through 11/30/05 based on 1. above. The benefits to
signing up sooner are:

1. Support would begin immediately and we would have time to
interact and feel comfortible with each other prior to the expiration
date with Oracle. Amgen could give Oracle the required 3Q-cJay in
advance written notice that they are not renewing with the
knowledge and comfort that they are already being supported.
2. Any actual support used during that period is at no cost to Amgen.
Your annual support period to which your payment would apply
would not be effective until 1/1/06.
3. All potential contract issues would have been resolved and you
would not be impacted in any way by the anticipated year-end rush
by new clients for TomorrowNow.

Hopefully this helps? Feel free to contact me with any other questions you
might have?
Best wishes,
Bob
Bob Stephens
Senior Account Executive
EnterpriseOne and World Solutions
TomorrowNow Inc.
Tel: [phone]
Cel: [phone]
[e-mail]

"Pickering, Bettina" <[e-mail]>

To "'Bob_Stephens@tomol

cc
09101/2005 01:54 PM

SUbject FW: TomorrowNow JOE

Bob,

I left you a vm on this as well, but please help us understand the value proposition
in signing up early, other than it helps them smooth out demand.

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We would like to explore the early renewal offer but don't understand the
particulars. In addition, we need to book the 2006 maintenance as a 2006
expense, which we can't do if we pay in 2005. Do you require payment in 2005 if
we sign up in 2005?
If we wait until 2006, could you please clarify if we would experience any
degrade in our service levels if we don't take advantage of this early renewal
offer?

Bettina
---Original Message--

From: Bob Stephens [mailto:[e-mail]]

sent: Tuesday, August 30,20051:33 PM
To: [e-mail]
SUbject: TomorrowNow JOE Maitenance Support

Hi Bettina
You said to get back in touch in late August/early September. Is it still too
early to begin evaluting our support services in detail? Amgen's annual
savings with our support will exceed $300jOOO Iyear for each year until
your full migration to SAP is complete.
Let me know?
Best wishes,
Bob
.Bob Stephens
Senior Account Executive
EnterpriseOne and World Solutions
TomorrowNow Inc.
Tel: [phone]
Gel: [phone]

[e-mail]

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