|Contract requires Oracle to port its software to Itanium-based servers|
HP recently issued the following statement in response to the proposed ruling in the ongoing litigation with Oracle relating to the Intel® Itanium® platform:
“Today’s proposed ruling is a tremendous win for HP and its customers. The Superior Court of the State of California, Santa Clara County, has confirmed the existence of a contract between HP and Oracle that requires Oracle to port its software products to HP’s Itanium-based servers. We expect Oracle to comply with its contractual obligation as ordered by the Court.”
The Court ordered and declared as follows:(1)
- In this action for declaratory relief, the Court finds in favor of HP and against Oracle on both the breach of contract and promissory estoppel causes of action brought by HP.
- The Settlement and Release Agreement entered into by HP, Oracle and Hurd on September 20, 2010, requires Oracle to continue to offer its product suite on HP’s Itanium-based server platforms and does not confer on Oracle the discretion to decide whether to do so or not.
- The terms “product suite” means Oracle software products that were offered on HP’s Itanium-based servers at the time Oracle signed the September 20, 2010 Settlement and Release Agreement, including any new releases, versions or updates of those products.
- Oracle’s obligation to continue to offer its products on HP’s Itanium-based server platforms lasts until such time as HP discontinues the sales of its Itanium-based servers.
- Oracle is required to port its products to HP’s Itanium-based servers without charge to HP.”