THIRD PARTY SOFTWARE TERMS AND CONDITIONS

  1. Oracle Technology Network Development and Distribution Terms and Conditions
    Disclaimer of Warranty and Exclusive Remedies
    THE ORACLE PROGRAMS, PROVIDED UNDER THE TERMS OF THE ORACLE TECHNOLOGY NETWORK DEVELOPMENT AND DISTRIBUTION LICENSE, ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND. ORACLE FURTHER DISCLAIMS ALL WARRANTIES, EXPRESS AND IMPLIED, INCLUDING WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT.
    IN NO EVENT SHALL ORACLE BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES, OR DAMAGES FOR LOSS OF PROFITS, REVENUE, DATA OR DATA USE INCURRED BY CLIENT OR ANY THIRD PARTY, WHETHER IN AN ACTION IN CONTRACT OR TORT, EVEN IF ORACLE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. ORACLE’S ENTIRE LIABILITY FOR DAMAGES HEREUNDER SHALL IN NO EVENT EXCEED ONE THOUSAND DOLLARS (U.S. $1,000).
    No Technical Support
    The Oracle technical support organization will not provide technical support, phone support, or updates to Client for the programs licensed under this Agreement.
  2. Microsoft Third Party Software
    “The Microsoft® products contained or referenced in the accompanying Microsoft® software packages or Microsoft license agreements have been integrated or pre-installed as part of the McKesson Product. Each Microsoft® product is subject to its respective Microsoft® End User License Agreement contained in the accompanying software packages or license agreements with the exception that the Microsoft® product functionality as integrated in the McKesson Product may differ from a non-integrated Microsoft® product and any issues concerning the functionality or performance of the McKesson Product and the Microsoft® products should be directed to McKesson and not to Microsoft®. Please be advised that if the accompanying Microsoft® product software package is in the form of a “Microsoft® License Pak,” or a “Microsoft® Open License” (as opposed to a full packaged product), the right to make additional copies of the Microsoft® product has already been exercised by McKesson in integrating or pre-installing the Microsoft® product in this solution. You may not, therefore, make additional copies of the product pursuant to the Microsoft® License Pak or Microsoft® Open License notwithstanding any license terms in such document. YOU AGREE TO BE BOUND BY THE TERMS OF THE MICROSOFT® END USER LICENSE AGREEMENTS AND THIS PARAGRAPH BY INSTALLING, COPYING, OR OTHERWISE USING THE MICROSOFT® PRODUCTS. IF YOU DO NOT AGREE, DO NOT INSTALL OR USE THE PRODUCT; YOU MAY RETURN IT TO YOUR PLACE OF PURCHASE FOR A FULL REFUND.”