Subscription Services Agreement
This Subscription Services Agreement (' 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, collectively, the NetSuite online business application suite (and any optionally procured modules), including without limitation SuiteCloud Technologies, (the ' NetSuite Service ') and the OpenAir online Professional Services Automation application suite (and any optionally procured modules) (the ' OpenAir Service ') as described in the applicable User Guides that is procured by Customer from Oracle China in the Estimate/Order Form and any subsequent Estimate/Order Form from time to time, 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 Data), text, images, audio, video, photographs, non-Oracle 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 Service 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.
'Estimate/Order Form' means an Oracle estimate, renewal notification or order form in the name of and executed by Customer and accepted by Oracle China 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.
'Help Documentation' means the online English language help center documentation describing the Remote Software Service features, which may be updated from time to time. Help Documentation does not include any material, content, or information, in any format, which is obtained or derived from third party sources outside of Oracle that Customer may access through, within, or in conjunction with Customer's use of, the Services.
'Oracle NetSuite Written Materials' means, collectively, the Data Processing Agreement, the applicable version of the Oracle NetSuite Hosting and Support Delivery Policies, the Oracle Services Privacy Policy, the URL Terms, the User Guides, and any other Oracle documents that are referenced in, or incorporated into, Customer's Estimate/Order Form for Services.