Oracle China Third Party Terms
If the hyperlink location of these Oracle (China) Software Systems Co, Ltd ('Oracle China') Third Party Terms ('Third Party Terms') is referenced in the description for an item on an Estimate/Order Form signed by an authorized representative of the procuring party ('you'), then the Third Party Terms govern your use of the item. The item and all associated elements (e.g., users,) procured from Oracle China on such Estimate/Order Form shall be subject solely to the terms and conditions of these Third Party Terms, and not the License or Subscription Services Agreement.
Background.
- (a) Third Party has appointed Oracle China to market and distribute the Third Party Application.
- (b) You wish to access and use the Third Party Application and associated support services as set out in the Estimate/Order Form, and accept the license to use the Third Party Application on these Third Party Terms.
1. Definitions.
'Affiliates' means any entity which directly or indirectly, through one or more intermediaries, controls, or is controlled by, or is under common control with a party to this Agreement, by way of majority voting stock ownership or the ability to otherwise direct or cause the direction of the management and policies of such party, for so long as such control exists.
'End User Limitations' means any limitations on the use of the Third Party Application specified in the Estimate/Order Form, including (i) restrictions on the number of users authorized to access and use the Third Party Application, whether by you or any person acting under your instructions, and (ii) amount of disk space for the storage of your data specified for the Third Party Application.
'Estimate/Order Form' means an estimate, renewal notification or order form executed by you and accepted by Oracle China (or a Reseller, if applicable) which specifies the Third Party Application to be provided by Oracle China subject to these Third Party Terms.
'Initial Term' means the duration specified in the Estimate/Order Form during which you have procured the right to access and use the Third Party Application, which shall be coterminous with the expiration of the subscription Term for your Service account in effect at the time the Third Party Application(s) is/are procured.
'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).
' Service ' means, collectively, Oracle Remote Software Service, which includes the NetSuite online business application suite (and any optionally procured modules) (the 'NetSuite Service') and/or 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. The Service shall be governed by a separate license or subscription services agreement ('License or Subscription Services Agreement') and not these Third Party Terms). Service distributed by Oracle China to Customer will be performed by Oracle Offshore and/or its subcontractors, subject to the Subscription Service Agreement.