China - English (PDF)

Subscription Services Agreement for NetSuite SuitePeople Workforce Management

This Subscription Services Agreement for NetSuite SuitePeople Workforce Management (' Agreement ') is between Oracle (China) Software Systems Co, Ltd (' Oracle China '), and the entity which has accepted this Agreement through a document which references this Agreement (' Customer '). Capitalized terms not defined elsewhere in this Agreement shall have the meaning given to them in the Definitions section below. This Agreement sets forth the terms and conditions that govern orders placed under this Agreement.

Definitions.

• "Advanced Customer Support' is a managed service available for purchase on a subscription basis. Advanced Customer Support is provided by Oracle for a fee to assist customers in their use of the Services or specific components of the Remote Software Service.
• 'Remote Software Service' means the NetSuite SuitePeople Workforce Management online workforce management solution as described in the applicable User Guides that is procured by Customer from Oracle in the Order and any subsequent Order, including associated offline components, but excluding Third Party Applications, Support Services and Professional Services. Remote Software Service distributed by Oracle China to Customer will be performed by Oracle Offshore and/or its subcontractors, subject to the terms and conditions hereunder.
• 'Customer Data' means all software, data (including Personal Information), text, images, audio, video, photographs, nonOracle or Third Party Applications, and other content and material, in any format, provided by Customer or any of Customer's Users that is stored in, or run on or through, the Remote Software Service. Remote Software Services under this Agreement, Oracle software, other Oracle products and services, and Oracle intellectual property, and all derivative works thereof, do not fall within the meaning of the term 'Customer Data.' Customer Data includes any third party content that is brought by Customer into the Remote Software Service by Customer's use of the Remote Software Service or any Oracle-provided tools.
• "Deliverables' means anything developed by Oracle, including training materials, and delivered to Customer as part of the Professional Services.
• 'Electronic Communications' means any transfer of signs, signals, text, images, sounds, data or intelligence of any nature transmitted in whole or part electronically received and/or transmitted through the Remote Software Service.
• 'Oracle' refers to Oracle China and Oracle Offshore, and any one of them, as appropriate.
• ' Oracle Offshore ' refers to Oracle Corporation and/or any majority owned subsidiary of Oracle Corporation worldwide (excluding Oracle China).
• 'Oracle Written Materials' means, collectively, the Data Processing Agreement, the URL Terms, the User Guides, and any other Oracle documents that are referenced in, or incorporated into Customer's Order for Services.
• 'Order' or ' Estimate/Order Form ' means an Oracle estimate, estimate/order form, renewal notification, ordering document or order form in the name of and executed by Customer and accepted by Oracle which specifies the Remote Software Service, and any Support Services and/or Professional Services to be provided by Oracle subject to the terms of this Agreement.
• 'Professional Services' means Training Services (defined below) and the general consulting, implementation and/or training services to be provided to Customer pursuant to the terms hereof and an Order or Statement of Work, as applicable.