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<br />Cloud_Cloud Services Agreement (CSA)_US Public Sector_v062223_US_ENG Page 3 of 10
<br />18852623_Robin_May 5,2025
<br />Confidential - Oracle Restricted
<br />Confidential - Oracle Restricted
<br />the event of any conflict between the terms of the Data Processing Agreement and the terms of the
<br />Service Specifications (including any applicable Oracle privacy policies), the terms of the Data Processing
<br />Agreement shall take precedence.
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<br />5.3. Without prejudice to Sections 5.1 and 5.2 above, You are responsible for (a) any required notices, consents
<br />and/or authorizations related to Your provision of, and our processing of, Your Content (including any Perso nal
<br />Information) as part of the Services, (b) any security vulnerabilities, and the consequences of such vulnerabilities,
<br />arising from Your Content, including any viruses, Trojan horses, worms or other harmful programming routines
<br />contained in Your Content, and (c) any use by You or Your Users of the Services in a manner that is inconsistent
<br />with the terms of this Agreement and/or Your order. To the extent You disclose or transmit Your Content to a third
<br />party, we are no longer responsible for the security or confidentiality of such content outside of Oracle’s control.
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<br />5.4. Unless otherwise specified in Your order (including in the Service Specifications), Your Content may not
<br />include any data that imposes specific data security, data protection, or regulatory obligations on Oracle in addition
<br />to or different from those specified in the Data Processing Agreement, Service Specifications or this Agreement.
<br />If Your Content includes any of the foregoing data (e.g., certain regulated health or payment card information),
<br />Oracle will process such data only pursuant to the terms of Your order, the Data Processing Agreement, Service
<br />Specifications and this Agreement. You are responsible for complying with Your specific regulatory, legal or data
<br />security obligations which may apply to such data. If available for the Services, You may purchase additional
<br />services from us (e.g., Oracle Payment Card Industry Compliance Services) designed to address specific data
<br />security, data protection or regulatory requirements applicable to such data.
<br />
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<br />6. WARRANTIES, DISCLAIMERS AND EXCLUSIVE REMEDIES
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<br />6.1. Each party represents that it has validly entered into this Agreement and that it has the power and authority
<br />to do so. We warrant that during the Services Period we will perform the Services using commercially reasonable
<br />care and skill and in all material respects as described in the Service Specifications (the “Services Warranty”). If
<br />the Services provided to You were not performed as warranted, You must promptly provide us with a written notice
<br />that describes the deficiency in the Services (including, as applicable, the service request number notifying us of
<br />the deficiency in the Services).
<br />
<br />6.2. WE DO NOT WARRANT THAT THE SERVICES WILL BE PERFORMED ERROR-FREE OR
<br />UNINTERRUPTED, THAT WE WILL CORRECT ALL SERVICES ERRORS, OR THAT THE SERVICES WILL
<br />MEET YOUR REQUIREMENTS OR EXPECTATIONS. WE ARE NOT RESPONSIBLE FOR ANY ISSUES
<br />RELATED TO THE PERFORMANCE, OPERATION OR SECURITY OF THE SERVICES THAT ARISE FROM
<br />YOUR CONTENT OR THIRD PARTY CONTENT OR SERVICES PROVIDED BY THIRD PARTIES.
<br />
<br />FOR ANY BREACH OF THE SERVICES WARRANTY, YOUR EXCLUSIVE REMEDY AND OUR ENTIRE
<br />LIABILITY SHALL BE THE CORRECTION OF THE DEFICIENT SERVICES THAT CAUSED THE BREACH OF
<br />WARRANTY, OR, IF WE CANNOT SUBSTANTIALLY CORRECT THE DEFICIENCY IN A COMMERCIALLY
<br />REASONABLE MANNER, YOU MAY END THE DEFICIENT SERVICES AND WE WILL REFUND TO YOU THE
<br />FEES PAID FOR THE DEFICIENT SERVICES FOR THE PERIOD OF TIME DURING WHICH THE SERVICES
<br />WERE DEFICIENT.
<br />
<br />6.3. TO THE EXTENT NOT PROHIBITED BY LAW, THESE WARRANTIES ARE EXCLUSIVE AND THERE ARE
<br />NO OTHER EXPRESS OR IMPLIED WARRANTIES OR CONDITIONS, INCLUDING FOR SOFTWARE,
<br />HARDWARE, SYSTEMS, NETWORKS OR ENVIRONMENTS OR FOR MERCHANTABILITY, SATISFACTORY
<br />QUALITY AND FITNESS FOR A PARTICULAR PURPOSE.
<br />
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<br />7. LIMITATION OF LIABILITY
<br />
<br />7.1. IN NO EVENT WILL EITHER PARTY OR ITS AFFILIATES BE LIABLE FOR ANY INDIRECT,
<br />CONSEQUENTIAL, INCIDENTAL, SPECIAL, PUNITIVE, OR EXEMPLARY DAMAGES, OR ANY LOSS OF
<br />REVENUE, PROFITS (EXCLUDING FEES UNDER THIS AGREEMENT), SALES, DATA, DATA USE,
<br />GOODWILL, OR REPUTATION.
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<br />7.2. IN NO EVENT SHALL THE AGGREGATE LIABILITY OF ORACLE AND OUR AFFILIATES ARISING OUT
<br />OF OR RELATED TO THIS AGREEMENT OR YOUR ORDER, WHETHER IN CONTRACT, TORT, OR
<br />OTHERWISE, EXCEED THE TOTAL AMOUNTS ACTUALLY PAID UNDER YOUR ORDER FOR THE ORACLE
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