>>pavel_+(OP)
I'm surprised these clauses manage to prevent benchmarks. Surely someone with no Oracle contract can still publish them? Leak a benchmark, benchmark on someone else's system, whatever. It shouldn't be too hard to publish a benchmark for which this clause can't be enforced.
>>mcv+j9
It's in the EULA–simply using the software is enough to be bound to that term.
Sure, the benchmarks can be leaked, published anonymously, etc…but the term is enough to prevent an academic from publishing it as a peer-reviewed, credible piece of research.
>>manart+ud
I think what the OP meant was that you accept the contract and the EULA when you buy/install the product. Anyone connecting to the database and using it does not have to accept the same.