NetSuite POS Module (PDF) - January 2017

NetSuite POS Module Addendum

This POS Addendum (' 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 Oracle America, Inc. (' Oracle '), but solely in connection with the NetSuite POS Module. Oracle and Customer hereby agree as follows:

1. Definitions.

' Agreement ' means the SSA as modified by this Addendum.

' NetSuite POS Module ' means: (a) the NetSuite POS hosted software 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 Infrastructure ' means the third party network and storage infrastructure on which the hosted portion of the NetSuite POS Module is hosted. The NetSuite POS Module is currently hosted on Amazon Web Services.
• ' 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 '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 Agreement and during the subscription term for the NetSuite POS Module (as specified in the applicable Estimate/Order Form) (' Subscription Term '), Customer's and its Affiliates' Users may use the NetSuite POS Module solely for Customer's and its Affiliates' 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. Section 1 (Subscription Service) of the SSA does not apply for purposes of the NetSuite POS Module.
• b. Software License. Subject to the terms and conditions of the Agreement 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 and its Affiliates' 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 hosted and software portions of 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.