Limited Consent to License Transfer
[Date]
Customer: / [Customer Name] / Funder: / [Funder Name][Customer Address] / [Funder Address]
[Customer Address] / [Funder Address]
[Customer Address] / [Funder Address]
Order: / [Direct deals: enter order number and date for order to Oracle. For indirect deals: enter order number and date for order submitted to Partner]
Agreement: / All agreement(s) from Oracle and/or Partner that provide the terms of use for the products ordered.
Re: Limited Consent to Transfer pursuant to Third Party Financing Notice (“Notice”) at website
Dear Funder and Customer:
In order to facilitate Customer’s acquisition of the products and services ordered from Oracle or one of its distribution partners, and where Customer obtains financing from a party other than an Oracle affiliate to pay for Customer’s obligation, the Notice provides information on the rights and relationships of all parties. This letter provides the limited consent necessary for the Funder (and any subsequent assignees) and Customer to complete the Funder Contract for the above-specified transaction only.
For the sole purpose of allowing Funder to lease the software to Customer under the Funder Contract for the above-specified transaction, Oracle hereby consents to the limitedtransfer to Funder of the right to grant Customer the right to use such software under the Funder Contract from the party who holds such rights. The holder of such rights will invoice Funder. Customer (and not Funder) will be the licensee. All other transfers require Oracle’s consent. Except as provided herein, the rights and obligations of the parties do not change and the software remains subject to the terms of the applicable license agreement. Any rights received by Funder remain subject to the Notice and Agreement, including export compliance provisions. Should Funder not pay the applicable fees due under the Order, this consent will terminate and Funder may no longer provide Customer the right to use the software under the Funder Contract. Any software that comes into Funder’s possession shall be returned to Oracle, in accordance with the terms of the applicable license agreement.
By their signatures below, Customer and Funder confirm receipt and agreement with the terms of the Notice. Funder also confirms that its financing for this transaction is committed, as set forth in the Notice. Payment to supplier will be made in accordance with the terms of the Order. There are no conditions precedent to Funder’s payment obligation except, if applicable, Customer’s acceptance of hardware subject to the Funder Contract. Customer confirms that Customer remains an obligor for payments due for the products specified in the Order. Such obligation is not subject to any conditions precedent, including Funder’s failure to perform, the execution of the Funder Contract, acceptance certificates, or other ancillary documents. All capitalized terms in this letter have the meanings specified in the Notice.
Please sign below and return a copy of this letter to your account representative.
Customer: / Funder:By______By______
Name:______Name: ______
Title:______Title:______
Date:______Date: ______
Oracle:
By______
Name:______
Title:______
Date:______
Limited Consent to License Transfer
September 15, 2016