Do You Require An Oracle license for Development,Qa, and Test DB Servers?

Greetings,

My company just made a big purchase with which included Oracle 10g and performance packages. During their visit to our job site, one of the representative informed me that you do not require an Oracle license for development, QA, or Test DB servers. We wanted to clarify with our local Oracle sales rep and he told us that we would need to purchase a license for any development, QA, or Test DB server. My experience in the past has been you do not need an Oracle license for any development, QA, or Test DB servers. Are there any experts out there to comment on this topic?
Omega002Asked:
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dottenCommented:
Your Oracle Sales Rep is wrong.  Period.  Here is the very first statement of the licensing terms:

LICENSE RIGHTS We grant you a nonexclusive, nontransferable limited license to use the programs only for the purpose of developing a single prototype of your application, and not for any other purpose. If you use the application you develop under this license for any internal data processing or for any commercial or production purposes, or you want to use the programs for any purpose other than as permitted under this agreement, you must contact us, or an Oracle reseller, to obtain the appropriate license. We may audit your use of the programs. Program documentation may be accessed online at http://www.oracle.com/technology/documentation.

This is what is called a development license.  You are allowed to use the software to develop an application.  The moment that you utilize the application built to support your business in any way, shape, or form, or generate revenue then at that time you are in violation of the licensing agreement.  

As long as you adhere to this, my experience has been that Oracle will not give you much difficulty at all.  Especially since they are still suffering from a horrid reputation regarding licensing and costs.  

As a rule, I NEVER talk to and Oracle Sales Rep until we are ready to move to the next stage.  They generally don't have a clue regarding licensing other than to look for a licensing opportunity at any time possible.

Sorry to say, now you've gotten the Sales Rep's attention, and he/she may likely start looking for some gray area that they would consider some kind of violation to get more money out of you.  

Sounds harsh, but that's my experience talking, I've seen it firsthand.  
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ramumorlaCommented:
dotten,

you are wrong, please read the pasted part of the statement again,  

"If you use the application you develop under this license for any internal data processing or for any commercial or production purposes, or you want to use the programs for any purpose other than as permitted under this agreement, you must contact us, or an Oracle reseller, to obtain the appropriate license. "

so this applies only if you put this developed application into production. (commercial purpose) QA/TESTING/DEVELOPMENT cannot and will not be considered as commercial activity, unless business of the organization is programming services.

 
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dottenCommented:
ramumoria,
You're kidding, right?  Try reading my entire message.  This is exactly what I am indicating in my interpretation.  Take my second paragraph and look at it again, please:

"This is what is called a development license.  You are allowed to use the software to develop an application.  The moment that you utilize the application built to support your business in any way, shape, or form, or generate revenue then at that time you are in violation of the licensing agreement."  

I don't know why I need to clarify further, but read the second sentence.  My point is, you can develop away all you like, but the moment the application is utilized to support the business in any way ('commercial purposes' was the term you used), then you must get licensing.  

I'm not sure where you thought I was saying one had to get licensing for Development/QA/testing.  
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ramumorlaCommented:
cool :)
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Omega002Author Commented:
So if you have a Oracle 10g RAC test environment, you do not have to have an oracle license for it if you only use it for test patches and upgrades before you apply patches and upgrades to your production environment?
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dottenCommented:
As long as you  are not a software shop, then no, you wouldn't need a license as long as the work is only in development/testing.  
If you are a software development company, then that's a different story as ramumoria indicates above.  
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Omega002Author Commented:
So according to dotten, we can implement a test environment as an environment to test patches and upgrades before implementing to our production environment without purchasing a license for our test environment correct? If this is true, is there any legal documentation stating this fact? If so please reply with the link.

Thanks
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ramumorlaCommented:
Please look on otn @

http://otn.oracle.com

@downloads link
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Omega002Author Commented:
From reading the OTN Network Developers License it indicates that you can only use the Oracle software for 30 days, and anything beyond 30 days will require a license. I am reading the wrong OTN?
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ramumorlaCommented:
http://www.oracle.com/technology/software/htdocs/devlic.html

Nowhere it is mentioned that it is for 30 days

also see

http://www.oracle.com/technology/software/index.html

The first statemen

All software downloads are free, and each comes with a Development License that allows you to use full versions of the products only while developing and prototyping your applications. You can buy products with full-use licenses at any time from the online Store or from your sales representative
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dottenCommented:
Omega002,
If you want to read the whole thing then by all means, knock yourself out and reference the links ramumoria references.  However, I included the entire clause in my very first response.  It is directly pasted from Oracle's licensing information.  
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dottenCommented:
Ramumoria, please don't take this question to Omega002 personally, it is not intended as some adverse reflection on your ample abilities, but I am struggling to understand something here.

Omega002,
As a professional extension of courtesy and respect, my last comment on 4/11 stated to review the links Ramumoia referenced above.  Those links are exactly where I got my response which was the first response to your question.  I merely said you could read it all and let your eyes permenently cross with periodic migraines as a result, or simply refer to my response at the top which Ramumoria's subsequent responses are in line with.  Anybody can throw a link at you and Ramumoria appropriately did because people should be reading the documentation before coming to us, but I chose to save you some time.  

Please help me understand why all points went to Ramumoria when I had it down, and correct per Ramumoria after clarification first.  What did I miss?
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