Oracle NetSuite POS Module Addendum
This Oracle NetSuite POS Module Addendum (the ' Addendum ') is made effective as of the date the applicable Estimate/Order Form that references this Addendum is signed by Customer (' Addendum Effective Date ') and sets forth additional terms and conditions that govern use of the NetSuite POS Module. This Addendum is in addition to and amends the Subscription Services Agreement (' SSA ') between you (' Customer ') and the Oracle entity which is party to that SSA (' Oracle '), but solely in connection with the NetSuite POS Module. Oracle and Customer hereby agree as follows:
1. Definitions.
' NetSuite POS Module ' means the NetSuite: (a) the POS Hosted Module and (b) the POS Software, as such components are described in the applicable Help Documentation. For clarity, the NetSuite POS Module does not include the POS Infrastructure.
' POS Hosted Module ' means the cloud based commerce platform that is hosted by Oracle and which integrates with the POS Software.
' POS Infrastructure ' means the Oracle Cloud Infrastructure on which the hosted portion of the NetSuite POS Module is hosted.
' POS Software ' means the Oracle point of sale device software in object code only that is installed on the Terminals.
' Store ' means a Customer retail establishment or location at which one (1) or more of the Terminals are located.
' Store Data ' means the Customer's sales transaction data that is transmitted from a Terminal through the Store Network and that resides on the NetSuite POS Module.
' Store Network ' means the Customer's equipment and transmission lines on which the Store Data resides and is transmitted from a Terminal to the NetSuite POS Module.
' Terminal ' means third party point of sale hardware and terminals operated by or for Customer at a Store.
2. Subscription to NetSuite POS Module and License to POS Software.
The NetSuite POS Module is included in the 'Cloud Service' under the SSA, subject to the terms and conditions set forth in this Addendum.
- a. Scope of Use. Subject to the terms and conditions of the SSA (as modified by this Addendum) and during the subscription term for the NetSuite POS Module (as specified in the applicable Estimate/Order Form) (' Subscription Term '), Customer's Users may use the NetSuite POS Module solely for Customer's internal business operations and solely at the number of Stores and on the number of Terminals for which Customer has paid all applicable fees as set forth in the applicable Estimate/Order Form.
- b. Software License for POS Software. Subject to the terms and conditions of the SSA (as modified by this Addendum) and during the Subscription Term, Oracle grants Customer a non-transferable, non-exclusive, limited license to: (i) install (or have installed) the POS Software on the number of Terminals for which Customer has paid the applicable fees as set forth in the applicable Estimates/Order Form and (ii) use the POS Software for Customer's internal business operations in conjunction with Customer's authorized use of the NetSuite POS Module.
- c. Software License Restrictions. In addition to the restrictions in Section 3 (Restrictions) of the SSA (which apply to both the POS Hosted Module and the POS Software, which collectively makes up the NetSuite POS Module), Customer agrees not to (and not to allow any third party to) distribute or transfer the POS Software to any third party.
- Differences from SSA. Except as provided in this Section 3, the Store Data shall be treated as Customer Data under the SSA when such data resides in the Service.