Oracle Corporation et al v. SAP AG et al

Filing 255

Declaration of Tyler Prince in Support of 253 Memorandum in Opposition, Declaration of Tyler Prince in Support of Oracle's Opposition to Defendants' Motion to Compel Discovery Concerning Third Party Support Provided by Oracle's Partners filed byOracle International Corporation, Oracle EMEA Limited, Oracle USA Inc.. (Related document(s) 253 ) (Alinder, Zachary) (Filed on 1/23/2009)

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BINGHAM McCUTCHEN LLP DONN P. PICKETT (SBN 72257) GEOFFREY M. HOWARD (SBN 157468) HOLLY A. HOUSE (SBN 136045) ZACHARY J. ALINDER (SBN 209009) BREE HANN (SBN 215695) Three Embarcadero Center San Francisco, CA 94111-4067 Telephone: [phone] Facsimile: [phone] [e-mail] [e-mail] [e-mail] [e-mail] [e-mail] DORIAN DALEY (SBN 129049) JENNIFER GLOSS (SBN 154227) 500 Oracle Parkway, M/S 5op7 Redwood City, CA 94070 Telephone: [phone] Facsimile: [phone] [e-mail] [e-mail] Attorneys for Plaintiffs Oracle USA, Inc., Oracle International Corporation, and Oracle EMEA Limited UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN FRANCISCO DIVISION ORACLE USA, INC., et al., v. Plaintiffs, CASE NO. 07-CV-01658 PJH (EDL) DECLARATION OF TYLER PRINCE IN SUPPORT OF ORACLE'S OPPOSITION TO DEFENDANTS' MOTION TO COMPEL DISCOVERY CONCERNING THIRD PARTY SUPPORT PROVIDED BY ORACLE'S PARTNERS

SAP AG, et al., Defendants.

Date: February 10, 2009 Time: 2 p.m. Place: Courtroom E, 15th Floor Judge: Hon. Elizabeth D. Laporte

Case No. 07-CV-1658 PJH (EDL)

DECLARATION OF TYLER PRINCE

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I, Tyler Prince, declare as follows: 1. I am the Group Vice President for North America Sales, Applications,

Alliances and Channels at Oracle USA, Inc. I have personal knowledge of the facts set forth in this declaration and would competently testify to them if called upon to do so. 2. I have reviewed the terms of the Oracle PartnerNetwork Worldwide

Agreement, which companies must accept to become an Oracle partner. That Agreement provides, among other things, that the Partner (including in the Oracle PartnerNetwork Worldwide Agreement with CedarCrestone) may not: · Remove or modify any program markings or any notice of Oracle's or its licensors proprietary rights; · Make the programs or materials resulting from the services available in any manner to any third party for use in the third party's business operations (unless such access is expressly permitted for the specific program license or materials from the services you have acquired); · Cause or permit reverse engineering (unless required by law for interoperability), disassembly, decompilation of the programs; · Disclose results of any program benchmark tests without Oracle's prior written consent; · Use the Oracle property in a manner that misrepresents your relationship with Oracle or is otherwise misleading or that reflects negatively on Oracle; · Use or duplicate the Oracle property provided to you by Oracle for any purpose other than as specified in the Oracle PartnerNetwork policies or in this agreement or make the Oracle property available to unauthorized third parties; · Use the Oracle property for your own internal business operations, or use the Oracle property or make the Oracle property available in any manner to any third party for use in the third party's business operations or for any other commercial or production use; or, · Use third party programs except in conjunction with the Oracle owned programs. 3. Oracle property is defined in that Agreement as follows: "Oracle retains

all ownership and intellectual property tights to anything developed by Oracle and delivered to you under this agreement resulting from the services, and additional Oracle resources (collectively referred to as the "Oracle property")." 4. In 2005, CedarCrestone won Oracle's Titan Award for being the

"PeopleSoft Partner of the Year." Oracle awarded this honor in recognition of CedarCrestone 1 Case No. 07-CV-1658 PJH (EDL)
DECLARATION OF TYLER PRINCE