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)

From:

OSSINFO - Allison [[e-mail]]

sent:

Friday, May 20,200510:50 PM

To:

BETSY,STEELMAN

Cc:

BLACKFORD JAMES

Subject:

Computer Associates

Attachments: computerassociates.doc

The following is approved by OSSINFO:
•
•
•
•
•

cancellation of active support contract - no refund (credit invoice)
approval assumes customer has not accessed support during specified period
standard 90 day cancellation fee to be charged
repricing policies applied, as applicable
standard doc to formalize support tennination

Regards,
Allison Adams
Business Planning Manager
Oracle Support Services
(phone&fax) 732 726-2429

Confidential Information

ORCL00316126
UNITED STATES DISTRlCT COURT
NORTHERN DISTRlCT OF CALIFORNIA
CaseNo. __~4~:~O~7-~c~v~-O~I~6~58~P~IHfE~~D~L~

DEFENDANT Exhibit No. A-6042-1
Date Admitted:
By:

_
_

Nicole Heuennan, Deputy Clerk

PeopleSoft Executive Summary
Customer Name:
Computer Associates, #3724, New York
SECTION I - Approval Requests:
1. Need approval to fully cancel support on three contracts, support period is 4/1/05 - 3/31/06.
Invoices were previously issued on 2/15/05 and customer cancelled support on 3/2105, after
they committed to the annual support renewals.

~'I'I'
Product Mix (List all products
included in this transaction):
License List Fees:
Standard License TTR:
License Discount Requested:
License Net Fees:
Support List Fees:
Standard Support TTR:
Support Discount Requested:
Support Net Fees:
Then Current:
Hosting List Fees:
Hosting Discount:
Hosting Net Fees:
Education List Fees:
Education Discount:
Education Net Fees:
Total List Price:
Total Net Price:
Support Options/Holds:
Price Holds:
Date of Price List Used for this
Transaction:
Are you aware of any Oracle deal
for this customer for the current
quarter? (Y/N)

Enterprise HR & Payroll (3 contracts)

$517,511 (total of 3 contracts)
$354,850

none

N

If "Y", copy revrec on the request at
REVREC-AMERICASIEBC [e-mail]

Justification (Provide justification for individual requests and the overall deal):
On 2/9/05, customer committed (via email) to renew annual support for all three contracts. Per
discussions with the AE (Brian Flynn) and the customer, Comupter Associates is converting to an all SAP
shOp. In the future, they would cancel all support. Invoices USA0133165, USAUSA133166, USA133167
were each issed on 2/15/05. On 3/2105, customer notified us via phone and certified letter that they were
canceling support on all products. Both the AE and SSM unsuccessfully tried to continually contact the
customer to understand why they would commit to annual support on 2/9/05 and then cancel on 3/2/05.
To date, we have had no response from the customer. Verified that the customer has not used support
PeopleSoft Internal Confidential. Not for customer use.

Highly Confidential Information - Attorneys' Eyes Only

Page 1
2/17/2005
ORCL00316127

PeopleSoft Executive Summary
since 9/04. Need to fully cancel all three support contracts and credit out the total invoiced amount of
$517,511.00. Customer should be charged for a pro-rated 60 day period sincethey gave us a 30 day
cancellation notice. Contract calls for a 90 day notification. Customer is fully aware of the risks associatd
with dropping support.
Regional Support Sales Mgr, Jamie Blackford, is in agreement that these support contracts should be
retro cancelled and customer should be billed the required 90 day notification period.

SECTION 11I- Sales/BP Information and Phone Numbers (Mandatory):
Submitted By: Betsy Steelman, SSM Denver, 303-334-2647
Business Practices Manager:

PeopleSoft Internal Confidential. Not for customer use.

Highly Confidential Information - Attorneys' Eyes Only

Page 2
2/17/2005

ORCL00316128

PeopleSoft Executive Summary
;:)t::~IIUI'1l1\l: • •: -

........

"'.

Date & Type of Agreement:
Existing PSFT SLSA
Existing JED SLSMA
Other (specify)
Is this purchase pursuant to
a valid, existing contractual
price hold (Y/N):
Date of price list for existing
price hold:
When does existing price
hold expire:
Date of Schedule/contract
for existing price hold:

...

"'''''''''''7
98-426-00 dated 6/15/98, 98-426-01 dtd 11/20/98, 98426-06 dtd 11116/01

SECTION V - FOR HQAPP USE ONLY
Recommendation: (leave blank for HQAPP to fill out)

PeopleSoft Internal Confidential. Not for customer use.

Page 3

2/17/2005
Highly Confidential Information - Attorneys' Eyes Only

ORCL00316129