ACT!® Advantage Multi-Caller Plan Terms and Conditions

These Terms and Conditions, as amended from time to time, govern the use of the Plan by the individual(s) designated as the Customer contact(s) on the plan order (the "Customer"). Except as discussed below, the Customer is the only authorize user of the Plan.

Definition
The Plan means the ACT! Advantage Multi-Caller Plan.

General Policies
Sage Software reserves the right to limit each telephone call to one hour and to limit each contact (telephone or electronic) to one incident, as defined as a single support issue or question. Sage Software may also limit or terminate support service in the event that the Customer uses the service in an irregular, excessive, abusive or fraudulent manner or in violation of these Terms and Conditions.

Coverage is valid for 5 (five) named individuals only. Support services will only be provided directly to 5 (five) Customer contacts, as designated on the Plan order. The resale of any Plan benefits is strictly prohibited. Customer may, after written notice to Sage Software, permanently transfer the Plan to another person or entity, provided that the transferee agrees in writing to be bound by these Terms and Conditions. Transference does not extend or renew the expiration date. The Plan may be transferred no more than once per term.

Service Availability
The term of the Plan shall commence on the Plan order date and shall terminate one year thereafter unless expressly stated otherwise by Sage Software. Support service availability may occasionally deviate from stated hours due to downtime for systems and server maintenance, observed U.S. holidays or other business reasons.

Support Topic Limitations
Support service is limited to the following ACT! product areas: installation, upgrade assistance, and basic usability and basic functionality, as described in ACT! product documentation. The Plan support does not cover inquiries on business practices, nor does it include application consulting or training.

Sage Software does not provide support at Customer's site or any other location, nor does Sage Software provide training, designing or consulting services under the Plan.

Supported ACT! Products
Plan support is available for ACT!, ACT! WebAccess Support, ACT! QuickBooks® link, ACT! Palm® Link, ACT! for Palm. Availability for ACT! products is subject to change by Sage Software at any time without notice.

Support will only be provided for (I) products distributed by Sage Software as of the effective date of the Plan and (ii) at Sage Software's discretion, one prior version for each such product.

Sage Software shall not be required to provide any Support relating to problems arising out of the Customer's use of the software in a manner for which it was not designed, or Customer's negligence, misuse or modification of the software.

Limitation of Liability and Damages
Sage Software's sole liability, and Customer's sole remedy, for any loss suffered by Customer arising under the Plan will be a refund of the Plan fee paid by Customer for the 12-month period during which the loss is suffered. TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL SAGE SOFTWARE BE LIABLE TO CUSTOMER FOR ANY SPECIAL, INCIDENTAL, INDIRECT, CONSEQUENTIAL, PUNITIVE OR OTHER DAMAGES OF ANY KIND, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA, INFORMATION OR PROFITS, EVEN IF SAGE SOFTWARE HAD BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY.

Disclaimer of Warranties
ACT! SUPPORT SERVICES ARE PROVIDED "AS IS." SAGE SOFTWARE HEREBY DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, EXPRESS AND IMPLIED, REGARDING THE SERVICES OR ANY RELATED MATERIALS, INCLUDING FITNESS FOR A PARTICULAR PURPOSE, QUALITY, MERCHANTABILITY, ACCURACY, AND NON-INFRINGEMENT.

Governing Law
The Plan will be governed by and construed in accordance with the laws of the State of Georgia, without giving effect to any principles of conflicts of laws. Customer agrees that any action arising out of or relating to the service provided by Sage Software will be filed and maintained only in the state or federal courts located in Atlanta, Georgia, and you hereby consent and submit to the personal jurisdiction of such courts for the purpose of litigating any such action.

Customer Contact Information
Sage Software reserves the right to contact Customer by mail, phone, fax, or e-mail to deliver newsletters, surveys and information pertaining to your product or the Plan. We also reserve the right to make our name and address list available to our business partners. For more information regarding how Sage Software uses Customer Contact Information, please see our Privacy Statement at www.act.com/privacy.

Refund Policy
Customer may cancel the Plan during the first 30 days after purchase or renewal and obtain a refund for the current Plan period. The full Plan fee will be refunded if the Customer has made no use of the Plan support services during the 30-day period. If the Customer has used the Plan support services during the 30-day period, the amount refunded will equal the Plan fee, less the cost of any telephone or electronic support used by the Customer. The cost of each support call will be charged at the then-current minimum rate charged by Sage Software for support to customers who are not Plan customers and call under the Pay-Per-Call option.

Disclaimer
Every effort has been made to ensure the accuracy of this information. Sage Software reserves the right to limit any single support call, change the Plan terms and conditions of support, and change support pricing and support service availability without notice.

Entire Agreement/ Severability
This is the entire agreement between Sage Software and Customer relating to the Plan. These Terms and Conditions may not be modified except in a writing signed by both the Customer and an authorized representative of Sage Software. If any provision of these terms and conditions is deemed unlawful, void or unenforceable for any reason, then that provision will be deemed severable from these Terms and Conditions and will not affect the validity and enforceability of any remaining provisions.