Oracle Cloud Marketplace Policy for Government

Effective Date: 03-Sept-2020

Overview

This Oracle Cloud Marketplace Policy for Government (“Policy”) outlines the requirements that apply to various listings of Marketplace Content by partner (“You”) on the Oracle Cloud Marketplace when made available to government customers (“Public Sector Customers”). These requirements apply to the Oracle Cloud Marketplace located at https://cloudmarketplace.oracle.com/marketplace/en_US/homePage.jspx and Oracle Cloud Marketplaces that may be offered on the Oracle U.S. Government cloud region, U.S. Department of Defense (“DoD”) cloud region, U.S. National Security cloud region, Oracle U.K. Government cloud region, and if and when available government cloud regions for other countries. This Policy is subject to change or termination at any time at Oracle's sole discretion without prior notice.

Oracle Government Cloud Regions

Definition

For purposes of this Policy, a “Public Sector Customer” refers to any traditional government agency or ministry, including (i) national, state, provincial, or local government organizations, and any of their divisions, departments, agencies, branches, or ministries, whether executive, administrative, legislative, or judicial, as well as political parties, political organizations, and any public foundations, public organizations, or NGOs, such as the International Red Cross, United Nations, and the World Bank. The term “Public Sector Customer” also refers to any entity for which any of the following conditions exists: (a) the government owns 30% or more of the entity; (b) the government has voting control or the ability to appoint officers or directors; (c) the government has formally identified the entity as a government agency or state-owned enterprise; (d) the entity is financed through government appropriations, tax revenue, licenses, fees, or royalties; (e) the entity’s profits are paid or go directly to the government; (f) the government subsidizes the entity’s costs of providing services; (g) the entity is funded by the government in the event it fails to “break even;” (h) the government designates the entity as performing a governmental function or otherwise clearly recognizes that the entity is performing a function expressed in the government’s policies; (i) the public generally perceives the entity to be performing a governmental function; (j) the entity has a monopoly over the function it carries out, or exclusive power to administer the function it carries out; (k) employees of the entity are considered locally to be public officials or civil servants; or (l) the entity provides services, which the local government treats as its own, to the public at large.

Provision, Monitor, Audit, Disable

You agree that Oracle may provide Your Public Sector Customer with the ability to log, monitor, audit, provision, de-provision, and disable Your Marketplace Content. If Your Public Sector Customer directs Oracle not to de-provision or disable Your Marketplace Content for a critical governmental purpose (for example, National Emergencies, Major Disasters, mission critical component), you agree that Oracle will not de-provision or disable Your Marketplace Content. Oracle shall not have any liability to You for any such monitoring, auditing, disabling, or continued critical use by Your Public Sector Customer.

Public Sector Customer Non-Compliance

You are responsible for any non-compliance or violation of the terms and conditions of Your agreement/contract with Your Public Sector Customer including, but not limited to, registration in the system for award management, business ethics, sourcing, supply chain, security, cyber security, prohibition on contracting, and safeguarding government information that is applicable to provisioning and/or supporting Your Marketplace Content.

Oracle U.S. Government, U.S. Department of Defense (DOD), and U.S. National Security Cloud Regions

You must meet the following eligibility requirements in order to provide Your Marketplace Content through Oracle Cloud Marketplace to a Public Sector Customer in the United States:

• satisfy product assessments, authorizations, and/or accreditation efforts (including, but not limited to, supply chain certifications) applicable to Your Marketplace Content required by U.S. Public Sector standards;
• for National Security cloud regions, obtain approval of the sponsor for the National Security cloud region which may require You to complete/pass a U.S. Government Foreign Ownership Control and Influence (FOCI) adjudication by the Cognizant Security Authority (CSA) and obtain/maintain a facility security clearance (FCL) and personnel security clearance (PCL) and accesses at the level of classified information required to provide and/or support Your Marketplace Content; and
• meet all other eligibility requirements specified in the Oracle Cloud Marketplace Partner Portal Security cloud region.

Oracle U.K. Government Cloud Regions

You must meet the following eligibility requirements in order to provide Your Marketplace Content through Oracle Cloud Marketplace to a Public Sector Customer in the United Kingdom:

• Satisfy product assessments, authorizations, and/or accreditation efforts (including, but not limited to, supply chain certifications) applicable to Your Marketplace Content required by U.K. Public Sector standards.
• You must obtain and maintain personnel security clearance and accesses at the levels required by Your Public Sector Customer in order to provide and/or support Your Marketplace Content. Oracle will not be facilitating the provision of security clearances on your behalf.
• If you require access to any Public Sector Customer transactional data or other personally identifiable data during the provision, operation and/or support of Your Marketplace Content, You must obtain prior written consent from the Public Sector Customer and comply with any conditions that they impose. Oracle will not be facilitating obtaining the written consent on your behalf.
• Meet all other eligibility requirements specified in the Oracle Cloud Marketplace Partner Portal.