Oracle Cloud Marketplace Territory and Export Compliance Policy

Previous Publication: 04-March-2024

Revised: 08-April-2024

The Oracle Cloud Marketplace Territory Policy (“Policy”) outlines the territory restrictions that apply to various listings of Marketplace Content on the Oracle Cloud Marketplace. This Policy is subject to change or termination at any time at Oracle's sole discretion without prior notice.

As used in this Policy:

The term “Publisher Domicile” refers to the jurisdiction of formation or incorporation of You (i.e., the publisher of and seller on record for Marketplace Content).

The term “Customer Domicile” refers to the jurisdiction of the customer’s bill-to / ship-to address(es) (if the customer has different bill-to and ship-to addresses, they must both be in the same country).

Territory for Lead Generation Listings, Bring Your Own License (BYOL) and Free Listings of Marketplace Content; Roving Edge Exportable Listings

The territory for Lead Generation Listings, Bring Your Own License (BYOL) and Free Listings shall be worldwide, subject to the Export section of this Policy. For BYOL or Free Listings only, publisher may be enabled to choose, through a mechanism within the Oracle Cloud Marketplace designated by Oracle for such purpose, to designate its BYOL or Free Listing as “Roving Edge Exportable”, which listing shall remain subject to the preceding sentence of this Territory Policy. Publisher acknowledges and agrees that listings of Marketplace Content that are designated as “Roving Edge Exportable” in accordance with the foregoing may be distributed, transmitted, or otherwise made available by Oracle through or into Oracle Roving Edge Infrastructure (as described in the applicable service descriptions at Oracle.com/contracts) that has been procured by the applicable customer.

Territory for Paid Publisher Listings of Marketplace Content

The territory for Paid Publisher Listings, other than Private Offers, shall be as set forth below, subject to the Export section of this Policy and the terms of the applicable publisher agreement and any amendments thereto executed between Oracle and publisher:

Publisher Domicile: United States.

Customer Domicile: See countries listed in “Customer Currency(ies) by Market (Country)” section below.

Currency of Paid Publisher Listing (Customer Currency): The applicable customer currency(ies) for each market (country) are listed in italics below. Publishers may elect between available customer currencies for a Paid Publisher Listing in a given market (country); however, customers in such market (country) whose subscription is not aligned to the customer currency chosen by the publisher may not be able to transact that Paid Publisher Listing.

Customer Currency(ies) by Market (Country):

UNITED STATES = USD

JAPAN* = USD

CANADA = CAD, USD

UNITED KINGDOM = GBP, USD

BRAZIL = BRL, USD

AUSTRIA, FRANCE, GERMANY, IRELAND, ITALY, LUXEMBOURG, NETHERLANDS, SPAIN, SWITZERLAND, PORTUGAL, SWEDEN, BELGIUM, CZECHIA, DENMARK, FINLAND, LITHUANIA, POLAND, GREECE, ROMANIA = EUR, USD

CHILE = CLP, USD

MEXICO = MXN, USD

AUSTRALIA = AUD, USD

UNITED ARAB EMIRATES = AED, USD

SAUDI ARABIA = SAR, USD

COLOMBIA = COP, USD

Currency of Remittance of Payment from Oracle to Publisher (Remittance Currency): United States Dollar. With respect to Paid Publisher Listings transacted with a customer in a currency other than the United States Dollar, Oracle will convert the customer currency into the remittance currency via Oracle’s calculation of the applicable currency conversion rate based on Bloomberg’s reported spot currency rates at the close of the day that is three days prior to the end of the calendar month in which the customer used the Paid Publisher Listing.

Data Center region: Any Oracle data center worldwide.

*Japan – Currently limited to a single customer entity domiciled in Japan with a Dedicated Region Oracle data center in Japan and the following requirements: 1) publisher entity domicile in United States or Japan, and 2) customer currency and remittance currency are United States Dollar.

Territory for Private Offers of Marketplace Content

The territory for Private Offers** shall be as set forth below, subject to the Export section of this Policy and the terms of the applicable publisher agreement and any amendments thereto executed between Oracle and publisher:

Publisher Domicile: United States.

Customer Domicile: United States

Currency of Private Offer (Customer Currency): The applicable customer currency(ies) for each market (country) are listed in italics below. Where more than one currency is electable within a specified country or region, publishers shall elect the currency for a Private Offer which is aligned to the currency of the customer’s applicable Oracle subscription.

Customer Currency(ies) by Market (Country):

UNITED STATES = USD

Currency of Remittance of Payment from Oracle to Publisher (Remittance Currency): United States Dollar.

Data Center region: Any Oracle data center worldwide.

**As of the publication date of this revision to this policy, Private Offers are in limited availability status and may not be available to all publishers.

Export Compliance

You are responsible for complying with all U.S. and applicable import, re-import, export, and re-export control and economic sanctions (“Trade Compliance”) laws and regulations. You may not access, download, use, or export Marketplace Content provided on or through the Oracle Cloud Marketplace in violation of U.S. or applicable Trade Compliance laws and regulations. Neither the services or products of Oracle nor the underlying information or technology may be downloaded or otherwise provided or made available, either directly or indirectly, into any country subject to U.S. trade sanctions, (Supplement No. 1 to Part 740, Export Administration Regulations, Country Group E:1), to individuals or entities controlled by such countries, or to nationals or residents of such countries other than nationals who are lawfully admitted permanent residents of countries not subject to such sanctions. As applicable, You shall obtain and bear all expenses related to any necessary licenses, authorizations, and/or exemptions with respect to Your own use of the services of Oracle.

You are responsible for any violation of the Trade Compliance laws and regulations applicable to Your Marketplace Content and the manner in which You use the Oracle Cloud Marketplace including Your transfer, upload, and download of Your Marketplace Content and the provision of Your Marketplace content to Customers.

In order to publish your Marketplace Content, Oracle requires export classification information including the applicable U.S. Export Control Classification Number (ECCN) for your data, goods, software, or technology.

You agree that You will not publish Marketplace Content nor provide any executables that require Customer download and/or installation.