End User License Agreement (“EULA”)
for the
NetSuite WMS Printer Driver Software (“Software”)
Please read this EULA carefully before installing or using the Software. By
installing or using the Software you represent that you are employed by or
affiliated with a NetSuite Customer (“Customer”) and an authorized user of
the NetSuite WMS Module (“Module”), subject to the NetSuite Third Party
Terms (“Third Party Terms”). This is a legal agreement between NetSuite
Inc. (“NetSuite”) and the Customer. You represent that you are authorized
to agree to the following terms on behalf of the NetSuite Customer, and
references “you” and “your” shall mean the Customer.
This EULA supplements and modifies certain terms of the Third Party
Terms, solely with respect to use of the Software. Use of the Module
through the Software is governed by the Third Party Terms, and capitalized
terms used but not defined in this EULA have the meanings given to them
in the Third Party Terms.
1.
SOFTWARE LICENSE. You may install and use one copy of the
Software on a device that you own that is used to access and use the
Module. You may access and use the Software solely for your own internal
personal or business purposes. By downloading, installing or otherwise
using the Software, you accept the terms of the EULA. If you do not accept
the terms of this EULA, do not use the Software. You represent and
warrant to NetSuite that you are authorized to install the Software on the
computer upon which it is installed.
2.
SCOPE OF LICENSE. The Software is licensed, not sold, to you for use
under the terms of this EULA. The EULA also applies to any updates to the
Software, unless such update is accompanied by separate terms, in which
case such separate terms will govern. This EULA only gives you some rights
to use the Software. NetSuite and its licensors reserve all other rights.
Unless applicable law gives you more rights despite this limitation, you may
use the Software only as expressly permitted in this EULA. In doing so, you
must comply with any technical limitations in the Software that only allow
you to use it in certain ways.

3.
USE OF DATA. Data may be gathered periodically to facilitate the
provision of Software updates, product support and other services to you
(if any) related to the Software or the Module. NetSuite will not use or
disclose your data except to the extent necessary to perform its obligations
or exercise its rights under this EULA and the Third Party Terms, or as
directed or otherwise permitted by Customer. By using the Software, you
consent to such use by NetSuite, and for other uses as follows: NetSuite
may (i) use the data processed by the Software to the extent necessary to
provide the functionality for which the Software is provided; (ii) collect and
use technical information and related data, including but not limited to
information and data processed by your device, system, Software, and
peripherals; and (iii) use the data to improve its products in a manner that
does not personally identify you, or to provide services or technologies to
you. By installing or enabling the Software for use with third party devices
(e.g., printers or other peripherals), you may direct the transmission of data
from the Module to networks, systems and applications not owned or
operated by NetSuite. Accordingly, you understand that the security,
confidentiality and integrity of such data and access will be subject to the
policies, practices and terms of the party or service to which the data is
transmitted and not NetSuite.
3.
RESTRICTIONS. This EULA is non-transferable and limits you to use
the Software only on computers that you own or control. You may not
distribute or make the Software available over a network where it could be
used by multiple devices at the same time. You may not rent, lease, lend,
sell, redistribute or sublicense the Software. You may not copy, decompile,
reverse engineer, disassemble, attempt to derive the source code of,
modify, or create derivative works of the Software, any updates, or any part
thereof (except as and only to the extent any foregoing restriction is
prohibited by applicable law or to the extent as may be permitted by the
licensing terms governing use of any open sourced components included
with the Software). Any attempt to do so is a violation of the rights of the
NetSuite and its licensors. You may not make more copies of the Software
than specified in this EULA or publish the Software for others to copy. If you
breach these restrictions, you may be subject to prosecution and damages.

4.
INTERNET ACCESS. Use of the Software to access the Module
requires Internet access and you understand and accept the risk of
accessing and transmitting information over the Internet. You are
responsible for preventing unauthorized access or use of the Module as a
result of your use of the Software.
5.
TERM AND TERMINATION. In addition to any right or remedy that
may be available to NetSuite under this EULA or applicable law, NetSuite
may terminate this EULA upon written notice to you at any time. Your
rights under this EULA will terminate automatically without notice from
NetSuite upon any termination of the Customer’s subscription to the
Module, or if you fail to comply with the terms of this EULA. You can
terminate this EULA at any time by removing the Software from your
computer entirely. Upon any termination of this EULA, you must cease all
use of the Software and delete all copies of the Software. Termination of
this EULA shall not entitle the Customer or you to any refund, credit, or
other compensation from NetSuite.
6.
SERVICE LEVEL COMMITMENT. Any service level commitment or
warranty in effect between the Customer and NetSuite, as set forth in the
Third Party Terms or otherwise, shall not apply to the Software. NetSuite
shall determine, in its sole discretion, the level of support it will provide for
the Software, and any such support shall be subject to change without
notice.
7.
NO WARRANTY. YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT
USE OF THE LICENSED SOFTWARE IS AT YOUR SOLE RISK AND THAT THE
ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY
AND EFFORT IS WITH YOU. TO THE MAXIMUM EXTENT PERMITTED BY
APPLICABLE LAW, THE SOFTWARE AND ANY SERVICES PERFORMED OR
PROVIDED BY THE SOFTWARE ARE PROVIDED "AS IS" AND “AS AVAILABLE”,
WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND, AND NETSUITE
HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH RESPECT TO
THE SOFTWARE, EITHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING,
BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND/OR CONDITIONS OF
MERCHANTABILITY, OF SATISFACTORY QUALITY, OF FITNESS FOR A
PARTICULAR PURPOSE, OF ACCURACY, OF QUIET ENJOYMENT, AND NON-

INFRINGEMENT OF THIRD PARTY RIGHTS. NETSUITE DOES NOT WARRANT
AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF THE SOFTWARE,
THAT THE FUNCTIONS CONTAINED IN, OR SERVICES PERFORMED OR
PROVIDED BY, THE SOFTWARE WILL MEET YOUR REQUIREMENTS, THAT
THE OPERATION OF THE SOFTWARE WILL BE UNINTERRUPTED OR ERRORFREE, OR THAT DEFECTS IN THE SFOTWARE WILL BE CORRECTED. NO ORAL
OR WRITTEN INFORMATION OR ADVICE GIVEN BY NETSUITE OR ITS
AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY. SHOULD THE
SOFTWARE PROVE DEFECTIVE, YOU ASSUME THE ENTIRE COST OF ALL
NECESSARY SERVICING, REPAIR OR CORRECTION. SOME JURISDICTIONS DO
NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS
ON APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO THE ABOVE
EXCLUSION AND LIMITATIONS MAY NOT APPLY TO YOU.
8.
LIMITATION OF LIABILITY. TO THE EXTENT NOT PROHIBITED BY LAW,
IN NO EVENT SHALL NETSUITE BE LIABLE FOR PERSONAL INJURY, OR ANY
INCIDENTAL, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES
WHATSOEVER, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF
PROFITS, LOSS OF DATA, BUSINESS INTERRUPTION OR ANY OTHER
COMMERCIAL DAMAGES OR LOSSES, ARISING OUT OF OR RELATED TO
YOUR USE OR INABILITY TO USE THE SOFTWARE, HOWEVER CAUSED,
REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT OR
OTHERWISE) AND EVEN IF NETSUITE HAS BEEN ADVISED OF THE
POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW
THE LIMITATION OF LIABILITY FOR PERSONAL INJURY, OR OF INCIDENTAL
OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION MAY NOT APPLY TO
YOU. In no event shall NetSuite’s total liability to you for all damages (other
than as may be required by applicable law in cases involving personal
injury) exceed the amount of fifty dollars ($50.00). The foregoing
limitations will apply even if the above stated remedy fails of its essential
purpose. NetSuite reserves the right to change, suspend, remove, or
disable access to the Software at any time without notice. In no event will
NetSuite be liable for the removal of or disabling of access to the Software.
NetSuite may also impose limits on the use of or access to the Software, in
any case and without notice or liability.

9.
EXPORT COMPLIANCE. You may not use or otherwise export or reexport the Software except as authorized by United States law and the laws
of the jurisdiction in which the Software was obtained. In particular, but
without limitation, the Software may not be exported or re-exported (a)
into any U.S. embargoed countries or (b) to anyone on the U.S. Treasury
Department's list of Specially Designated Nationals or the U.S. Department
of Commerce Denied Person’s List or Entity List. By using the Software, you
represent and warrant that you are not located in any such country or on
any such list. You also agree that you will not use these products for any
purposes prohibited by United States law, including, without limitation, the
development, design, manufacture or production of nuclear missiles, or
chemical or biological weapons.
MISCELLANEOUS. The Software and related documentation are
"Commercial Items", as that term is defined at 48 C.F.R. §2.101, consisting
of "Commercial Computer Software" and "Commercial Computer Software
Documentation", as such terms are used in 48 C.F.R. §12.212 or 48 C.F.R.
§227.7202, as applicable. Consistent with 48 C.F.R. §12.212 or 48 C.F.R.
§227.7202-1 through 227.7202-4, as applicable, the Commercial Computer
Software and Commercial Computer Software Documentation are being
licensed to U.S. Government end users (a) only as Commercial Items and (b)
with only those rights as are granted to all other end users pursuant to the
terms and conditions herein. Unpublished-rights are reserved under the
copyright laws of the United States. The laws of the State of California,
excluding its conflicts of law rules, govern this EULA and your use of the
Software. Your use of the Software may also be subject to other local, state,
national, or international laws.
10. OWNERSHIP. Title to and ownership of the Software remains with
NetSuite and its licensors, including but not limited to all copyrights,
trademarks, and the “look and feel” of the Software. Except for the limited
rights set forth herein, you do not acquire any interest in the Software by
virtue of entering into this EULA.
11. ENTIRE AGREEMENT. This EULA and any terms relating to updates
and support services that you use, are the entire agreement for the
Software and support services.

12. THIRD PARTY SOFTWARE. The Software may be distributed with
software governed by licenses from third parties (“Third Party Software”
and “Third Party License”). Any Third Party Software is licensed to you
subject to the terms and conditions of the corresponding Third Party
License, notwithstanding anything to the contrary in this EULA. NetSuite
makes no representation or warranty concerning Third Party Software and
shall have no obligation or liability with respect to Third Party Software.
NetSuite Inc. © 2014.

