Sage Software, Inc. License Agreement for Sage Peachtree Accounting Software Products
IMPORTANT - PLEASE READ CAREFULLY THE FOLLOWING TERMS AND CONDITIONS

This Sage Software, Inc. License Agreement for Sage Peachtree Accounting Software Products (the "Agreement") is a legal agreement between you or the company that you are authorized to represent ("You") and Sage Software, Inc. ("Sage").  This Agreement governs your use of any accompanying Sage Peachtree computer software programs and services not covered by a separate license agreement, all printed and electronic manuals, guides, bulletins, and online help (the “Documentation”), and any modifications, updates, revisions or enhancements received by You from Sage or its dealers (collectively, the “Program”).  You acknowledge and accept the terms and conditions of this Agreement by installing this computer software.
IF YOU DO NOT AGREE WITH THESE TERMS, YOU SHOULD IMMEDIATELY CANCEL THE INSTALLATION PROCESS AND RETURN THE PACKAGE AND ITS CONTENTS TO SAGE SOFTWARE, INC. IN ACCORDANCE WITH SAGE'S RETURN POLICY.
YOU MUST REGISTER AS A LICENSEE WITHIN THE FIRST TEN (10) USES OR THE PROGRAM WILL BECOME DISABLED.
IF YOU ARE USING A TRIAL VERSION OF THE PROGRAM, THE PROGRAM WILL BECOME DISABLED AFTER THIRTY (30) DAYS.

1. RETURN POLICY.
a If You are a first-time customer, unless You have licensed the Program through a Sage promotion that extends the money-back guarantee period, You must return the Program within sixty (60) days from your payment of the associated license fee, as evidenced by your receipt, in order to receive a refund of the license fee from Sage. If You are an existing customer, You must return the Program within thirty (30) days from your payment of the associated license fee, as evidenced by your receipt, in order to receive a refund of the license fee from Sage.
b If You have licensed Sage Peachtree Quantum, You must return the Program within ninety (90) days from your payment of the associated license fee, as evidenced by your receipt, in order to receive a refund of the license fee from Sage.
c If You have licensed the Program as part of a Sage Business Care Plan (“Sage Business Care”) and this is the initial term of your subscription, You must cancel your Sage Business Care subscription and return the Program within thirty (30) days from your payment of the associated license fee, as evidenced by your receipt, in order to receive a refund of the license fee from Sage. If You have licensed the Program by renewing your subscription to Sage Business Care, then You are not eligible to return the Program for a refund. You must cancel your Sage Business Care subscription at least seven (7) days prior to its renewal date in order not to be charged the renewal rate.

2. GRANT OF LICENSE.
Subject to your compliance with all terms of this Agreement, Sage hereby grants to You a limited, nontransferable, non-exclusive license to use the Program under the terms stated in this Agreement for use in your business or profession.  The grant of rights hereunder to the Program is not a sale of the Program or any portion thereof and does not convey any rights of ownership in the Program.  Sage reserves all rights not expressly granted by this Agreement and You hereby acknowledge that all title and ownership of the Program and all associated intellectual property rights are and shall remain with Sage.

3. LICENSE RESTRICTIONS.
This Agreement does not include the right to perform any of the following and You agree to refrain from performing any of the following:
a You may not make copies, translations, or modifications of or to the Program or any portion thereof, except You may make one (1) copy of the Program for backup purposes in support of your use of the Program.  You may make a second copy of the Program for use on either:  (i) your home computer; or (ii) a portable computer that You own or use in your business or profession, to the extent that such computer is used by You as a secondary computer.  You must reproduce all copyright, trademark, trade secret and other proprietary notices on any such copies of the Program.  All copies of the Program are subject to the terms and conditions of this Agreement.
b If You have licensed a single-user version of the Program, the Program shall be used and accessed solely in accordance with a single user arrangement.  "Single-user arrangement," as used herein, means that the Program and any data stored on a local area network is accessed by one user.  The Program may be used by You at a single location on a single computer, which You own or use in your business or profession and for which the Program is designed to operate.  You also have the right to use the single-user version of the Program on a local area network provided You only access the Program from one computer at a time.
c If You have licensed a multi-user version of the Program, or You have licensed more than one single-user version of the Program, the Program shall be used and accessed solely in accordance with a multiple user arrangement.  "Multiple-user arrangement," as defined herein, means that the Program and any data stored on a local area network may be accessed by multiple licensed Named Users concurrently.  A Named User means the individuals listed and selected in the user maintenance screen of the Program.  The number of defined Named Users may not exceed the number of licenses purchased up to the predefined limit.  If You have licensed a Multi-User Edition or Sage Peachtree Quantum, You have the right to install the Program on more than one computer and the right to access the same data concurrently by the defined Named Users.  You may make copies of the Program and install it on separate computers up to the predefined limit and the same data may be accessed concurrently by the defined Named Users.  You also have the right to use the multi-user version of the Program on a local area network provided only the licensed Named Users access the Program, the number of licensed Named Users does not exceed the number of licenses purchased and no licensed Named User accesses the Program from more than one computer concurrently.
d The Student Version of the Program (a “Student Version”) may be licensed only by individuals that meet the applicable student qualifications as set forth on the Program packaging or on the Education Program section of the Sage Peachtree website located at http://www.peachtree.com/supportTraining/getTraining/educationProgram/. If the Program is a Student Version, You may use the Program only for Your personal educational purposes and any data entered into a Student Version of the Program cannot be converted to a full working version of the Program. Any company created in the Student Version and any data entered into that company will be accessible for only fourteen (14) months after that company was created.
e Crystal Reports. If You licensed a single user version of a Sage Peachtree Premium Accounting You have acquired one (1) full license for Crystal Reports 2008. If You licensed a multi-user version of Sage Peachtree Premium Accounting or Sage Peachtree Quantum You have acquired one (1) full license of Crystal Reports 2008 and the number of view-only licenses equal to the number of Sage Peachtree Premium Accounting or Sage Peachtree Quantum licenses You have acquired.
f Sage Peachtree Business Intelligence.  A sixty (60) day trial version is available with the Program.  The full version is only available for Sage Peachtree Complete Accounting, Sage Peachtree Premium Accounting, including industry specific versions, and Sage Peachtree Quantum.  Licensing is not concurrent and each license of Sage Peachtree Business Intelligence is tied to a specific user and a specific computer.
g You may use only the Sage Peachtree Complete Accounting, Sage Peachtree Premium Accounting, and Sage Peachtree Quantum products within a Windows Terminal Server environment subject to requirements contained in the Documentation.
h You may not sell, distribute, lease, rent, sublicense, modify, change, alter, assign or transfer the Program or this license, except that:  (i) You may transfer the license to a party that purchases all or substantially all of the assets of your business, provided that You notify Sage in writing prior to the distribution of the Program to the purchasing party, and the purchasing party agrees in writing to be bound by the Agreement; or (ii) upon written permission from Sage, You may transfer the license to a party that agrees to be bound by this Agreement.  You may not reverse-engineer, reverse-translate, disassemble, or decompile the Program, or any portion thereof, or otherwise attempt to discover the source code or structural framework of the Program.  You may not create any derivative work based upon the Program by altering, modifying or translating the code of the Program.  You may not obscure or remove any copyright or trademark notice from the Program.
i Sage reserves all rights not expressly granted to You in this Agreement.

4. MULTIPLE USER INSTALLATION.
If You have licensed a multi-user version of the Program, the system or IT administrator or other designated person (the “Administrator”) has the ability to install the Program on the server and then simultaneously install the Program on the remaining computers with a reduced number of steps.  If this installation option is chosen, the Administrator will accept the terms and conditions of this Agreement for each user of the Program.  Each user has the ability to review the Agreement by going to the Help About menu in the Program.

5. LIMITED WARRANTY.
a The following limited warranty applies to You only if You are the original licensee of the Program.  Sage warrants that the Program substantially conforms to the specifications contained in the Documentation that was included in the original packaging with your Sage Peachtree accounting software and/or located within the software for a period of sixty (60) days from your purchase or if You have licensed Sage Peachtree Quantum, for a period of ninety (90) days from your purchase, as evidenced by your receipt (the "Limited Warranty Period"), provided that the Program is used on the computer operating system for which it was designed.  Sage further warrants that the media on which the Program is furnished will be free from defects in material or workmanship for the Limited Warranty Period.  Receipt of revisions or upgrades to the Program shall not restart or otherwise affect the warranty period for previously delivered copies.  All warranties stated in this Agreement apply only when the Program is used within the United States of America and its territories.  Sage does not represent or warrant that your use of the Program will be uninterrupted or error free.
b Provided You notify Sage in writing during the Limited Warranty Period of a substantial non-conformity between the Documentation and the Program, and if Sage is able to replicate and verify that such substantial non-conformity exists, Sage shall replace or correct the Program, at Sage's sole option, so that the Program substantially conforms to the specifications or replace the defective media, as the case may be, or You may return all copies of the Program and Sage shall remit to You the license fee You paid, up to the amount of Sage's suggested list price for the Program.  This section 5(b) states your SOLE AND EXCLUSIVE REMEDY for any breach of warranty hereunder.
c No employee, agent or representative of Sage, nor any reseller (including the person or company who sold You the Program) or any other third party, is authorized to make any warranty with respect to the Program, except those expressly stated in sections 5(a) and 5(b) of this Agreement, and You may not rely on any such unauthorized warranty.

6. DISCLAIMER OF WARRANTIES.
a The foregoing warranties and remedies are exclusive.  EXCEPT FOR THE EXPRESS WARRANTIES PROVIDED IN SECTIONS 5(a) AND 5(b) OF THIS AGREEMENT, SAGE DISCLAIMS ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO THE PROGRAM AND ANY SERVICES FURNISHED IN CONNECTION WITH THIS AGREEMENT.  SAGE DOES NOT WARRANT THAT THIS SOFTWARE IS FREE OF BUGS, VIRUSES, IMPERFECTIONS, ERRORS, OR OMISSIONS.  SAGE SPECIFICALLY DISCLAIMS AND EXCLUDES ANY IMPLIED WARRANTIES, INCLUDING WITHOUT LIMITATION:  (I) OF MERCHANTABILITY; (II) FITNESS FOR A PARTICULAR PURPOSE; (III) OF NON-INFRINGEMENT; OR (IV) ARISING FROM COURSE OF PERFORMANCE, COURSE OF DEALING OR USAGE OF TRADE.  IF YOU ARE ACTING AS A CONSUMER, SOME STATES DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE FOREGOING MAY NOT APPLY TO YOU.
b SAGE SHALL NOT BE LIABLE FOR ANY CLAIMS OR DAMAGES CAUSED BY THE OPERATION OF THE PROGRAM ON OTHER THAN THE COMPUTER AND OPERATING SYSTEM IDENTIFIED IN THE DOCUMENTATION, ACTS OF ABUSE OR MISUSE BY YOU OR MODIFICATIONS OR UNAUTHORIZED REPAIRS.  SAGE SHALL NOT BE LIABLE FOR ANY LOSS OR DAMAGE IN CONNECTION WITH OR ARISING OUT OF THE INTERRUPTION OR LOSS OF USE OF THE PROGRAM OR ANY OTHER ITEMS OR SERVICES PROVIDED BY SAGE.

7. DISCLAIMER REGARDING SAGE CONNECTED SERVICES AND SAGE ADD-ON PRODUCTS AND SERVICES.
Optional products and services including, but not limited to, Sage Peachtree Online Backup, Sage Peachtree Direct Deposit, Sage Peachtree Online Bill Pay, Sage Payment Solutions, Sage Peachtree Managed Payroll, Sage Peachtree Simple Payroll, Sage Peachtree Select Payroll, Sage Peachtree Business Intelligence, Sage eMarketing for Peachtree, Online Bank Reconciliation, UPS® Shipping Interface, Crystal Reports® 2008, ACT! Link for Sage Peachtree, Sage FAS 50 Asset Accounting – Peachtree Edition, Sage Peachtree Remote Access, and TAL Pro for Sage Peachtree (collectively, the "Add-On Products and Services") are available to You through the Program and may require a credit card, a valid email address, approval by a third party, internet access, and/or additional fees, and may also require You to accept a separate license agreement or abide by terms and conditions for use.  Under no circumstances shall Sage, or its subsidiaries or affiliates, be responsible or liable in any way for the Add-On Products and Services offered by third-party vendors.  Matters relating to credit transactions, such as chargebacks of credit card charges, are the responsibility of the institution that handles your account.
Sage requires that if You use the Add-On Products and Services, You be licensed on a supported version of both the Program and any Add-On Products and Services. If You are not on a supported version, as set forth in the Sage Peachtree Obsolescence Policy located on the Sage Peachtree website at www.peachtree.com/supportTraining/obsPolicy/, You must license an upgrade to the latest version.
Pre-printed checks and forms are not included with this Program.  Pre-printed forms may be ordered from Sage Peachtree Checks and Forms or purchased from a local supplier.

8. DISCLAIMER REGARDING LINKS TO EXTERNAL SITES.
The Program includes links to other websites on the Internet that are owned and operated by third parties not under the control of Sage.  Sage provides the links for your convenience only and does not provide a warranty of any type regarding the actions of such third parties or the security of information sent to such third parties while You are using their websites.  Under no circumstances shall Sage, or its subsidiaries or affiliates, be responsible or liable in any way for the availability of services or products offered, or the content located on or through, any such third party's website.

9. DISCLAIMER REGARDING PERVASIVE DATA COLLECTION.
The database in the Program is provided by Pervasive Software, Inc. (“Pervasive”). As part of their effort to ensure activation of valid software licenses, Pervasive will collect software and system information, including but not limited to, information about your hardware, network and operating system to uniquely associate the computer with your Pervasive licenses. Data is also collected during uninstalls, product updates and any license management. No personal identity information is collected.

10. EXPORT RESTRICTIONS.
The Parties shall abide by all foreign and United States federal, state and local laws, ordinances, rules and regulations applicable to the transactions contemplated hereunder.  You agree to comply to the extent applicable with the United States Export Administration regulations, the International Traffic in Arms regulations and any regulations or licenses administered by the Department of the Treasury's Office of Foreign Assets Control.

11. SUPPORT.
a Sage disclaims any responsibility to provide any customer support except as may be agreed under a separate agreement to render support services or in conjunction with a Sage promotional offering or a bundled product offered by Sage.  If You are a first-time Sage Peachtree customer, unless You have licensed Sage Peachtree Quantum, upon registration of the Program You will receive thirty (30) days of free Customer Support provided the Program is registered within thirty (30) days of your payment of the license fee, as evidenced by your receipt.  If You are an existing Sage Peachtree customer, unless You have licensed Sage Peachtree Quantum, upon registration of the Program, You will receive one (1) free Customer Support call provided the Program is registered within thirty (30) days of your payment of the license fee, as evidenced by your receipt.  All other support requires purchase of a support option, as outlined in any special offers that Sage may from time to time send You, or on the Sage Peachtree Software website at www.peachtree.com.  Sage does not provide technical support for trial, educational, or student versions of the Program.
b Sage Business Care. Unless You have licensed Sage Peachtree Quantum, which automatically comes with Sage Business Care, You have the option of licensing the Product as part of Sage Business Care. All Sage Business Care plans include twelve (12) months, from the date of purchase, of unlimited access to customer support, unlimited access to email support, online access to HR information and forms, and all updates and upgrades released during the term of your Sage Business Care subscription period. Customer Support Analysts reserve the right to limit calls to one hour or one incident. Other Sage Business Care plans may include, in addition to the support outlined above, Sage Peachtree Simple Payroll or Sage Peachtree Select Payroll. All Sage Business Care plans are for a term of twelve (12) months and automatically renew on the anniversary of your purchase date (your “Renewal Date”). You will be notified when your Renewal Date is approaching and then on your Renewal Date, the credit card that Sage has on file for You will be billed in the amount of the then-current renewal fee. You may cancel the automatic renewal of your Sage Business Care plan with at least seven (7) days notice prior to your Renewal Date. Should You decide to cancel your plan, You will continue to receive maintenance updates to the Program as long as the Program is supported by Sage but will not be able to access support or receive any upgrades to the Program without the payment of additional fees.
c You must have a valid license for a supported version of the Program in order to be eligible to receive Customer Support. If You are not on a supported version, as set forth in the Sage Peachtree Obsolescence Policy located on the Sage Peachtree website at www.peachtree.com/supportTraining/obsPolicy/ You must license an upgrade to the latest version.

12. TERMINATION OF SUPPORT AND OTHER SERVICES.
Software has a limited useful life for various reasons including changes in technology. You are free to decide and responsible for deciding when to upgrade the Program. Sage reserves the right to terminate Customer Support and all other services (including but not limited to any connectivity to any Add-On Products and Services) applicable to the Program in the event that the Program has become inoperable or incompatible with current operating systems, hardware, Add-On Products and Services or other technologies or as otherwise set forth in the Sage Peachtree Obsolescence Policy located on the Sage Peachtree website at www.peachtree.com/supportTraining/obsPolicy/.  To obtain up-to-date information regarding which products, releases and related services are currently supported, visit the Sage Peachtree Obsolescence Policy or contact a customer service representative. If you are not operating a supported release or service, it may be necessary to license an upgrade or replacement product or service in order to continue to receive Customer Support and/or other updates. Any updates licensed by You are considered part of the Program and subject to the terms and conditions of this Agreement, except to the extent a separate license agreement is provided in connection with such update. Any replacement products or upgrades will be governed by a separate agreement.

13. TAX UPDATES.
The Program does not include payroll tax tables.  In order for the Program to automatically calculate payroll taxes, You may either:  (i) subscribe to either the Sage Peachtree Simple Payroll or Sage Peachtree Select Payroll plan to receive the federal, state and key local tax rates; or (ii) manually set up the payroll tax tables.  The Program includes regulatory forms (the “Forms”) which are up-to-date at the time of production, however, are likely to be non-compliant at the time of purchase due to changes in federal, state or local tax laws and therefore are not suitable for filing.  Compliant Forms require a subscription to either the Sage Peachtree Simple Payroll or Sage Peachtree Select Payroll plan to receive tax law updates and regularly updated Forms.  Sage does not provide payroll tax updates for releases of the Program that are not supported in accordance with the Sage Peachtree Obsolescence Policy and therefore, You may be required to license an upgrade product in order to continue to subscribe to either the Sage Peachtree Simple Payroll or Sage Peachtree Select Payroll plan.
The Program does not include sales tax rates.  In order for the Program to automatically calculate sales tax You may manually set up the sales tax tables.  Sage makes no warranty, express or implied, that the Program's sales tax table structure supports all sales tax localities.
Fixed assets tax laws change from time to time. Updates about these changes are not included unless You purchase a Sage FAS for Peachtree or Sage 50 Asset Accounting - Peachtree Edition Fixed Assets Tax Service subscription. Use of Sage FAS for Peachtree or Sage FAS 50 Asset Accounting - Peachtree Edition without a Fixed Assets Tax Service subscription may result in regulatory non-compliance. Sage FAS for Peachtree is included only with the Sage Peachtree Complete Accounting, Sage Peachtree Premium Accounting, and Sage Peachtree Quantum products.

14. PRODUCT ENHANCEMENT PROGRAM.
If you are a new customer or an upgrading customer who has not previously opted out of participating in our Product Enhancement Program (“PEP”) You may automatically be enrolled in PEP when you install this Program.  Through PEP Sage collects information on your hardware and how You use our software and its in-product Help and services. This information will help us identify trends and usage patterns to improve the quality of the products and services we offer.  Sage will not collect any of your Sage Peachtree data or any personally identifiable information.  Your participation in this program is voluntarily - you may opt-out of PEP at any time by going to the Services menu in the Program.
If you are an upgrading customer who has previously opted out of participating in PEP, then you will continue to be opted out when you install this Program.  You may opt-in at any time by going to the Services menu in the Program.

15. RECOMMENDED ENVIRONMENT.
This Program has been designed to work optimally in the environment documented within the Documentation.  Any defects, inconsistencies, or issues arising out of operating outside the parameters set forth therein may not be supported by Sage and may require You to pay additional maintenance/upgrade costs to Sage to rectify.

16. LIMITATION OF LIABILITY.
BECAUSE SOFTWARE IS INHERENTLY COMPLEX AND MAY NOT BE FREE FROM ERRORS, YOU ARE ADVISED TO VERIFY THE WORK PRODUCED BY THE PROGRAM.  TO THE FULLEST EXTENT PERMITTED BY LAW, SAGE'S LIABILITY TO YOU FOR ANY DAMAGES OR LOSSES ARISING HEREUNDER, WHETHER BASED IN CONTRACT, TORT OR OTHERWISE, SHALL BE LIMITED TO AND NOT EXCEED THE GREATER OF THE AMOUNT OF LICENSE AND SUPPORT FEES PAID BY YOU TO SAGE, OR SAGE’S SUGGESTED LIST PRICE FOR USE OF THE PROGRAM.  TO THE FULLEST EXTENT PERMITTED BY LAW, SAGE SHALL NOT BE LIABLE FOR ANY SPECIAL, CONSEQUENTIAL, INCIDENTAL OR INDIRECT DAMAGES, INCLUDING BUT NOT LIMITED TO, LOSS OF TIME, LOSS OF ANTICIPATED PROFITS, REVENUE OR DATA, OR COSTS INCURRED IN CONNECTION WITH OBTAINING SUBSTITUTE SOFTWARE, EVEN IF SAGE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGE.  Sage will have no responsibility for the Program if any portion of the Program has been modified, lost, stolen or damaged by accident, abuse or misapplication.

17. U.S. GOVERNMENT RESTRICTED RIGHTS.
If the Program is to be provided under a U.S. Government contract, the U.S. government's right to use, modify, reproduce, release or disclose the Program is subject to restrictions set forth in subparagraph (c)(1)(ii) of The Rights in Technical Data and Computer Software clause at DFARS 252.227-7013 or subparagraphs(c)(1) and (2) of the Commercial Computer Software - Restricted Rights at 48 CFR 52-227-19, as applicable.  The contractor/manufacturer is Sage Software, Inc., 1715 North Brown Road, Lawrenceville, GA  30043.

18. TERM AND TERMINATION.
a This Agreement shall commence on the date You install the Program and shall continue until the earlier of: (i) the date it is terminated in accordance with the terms herein; (ii) your acceptance of a superseding license agreement; or (iii) the expiration of the trial or educational period, if applicable.
b This license, and all of Sage's obligations hereunder, automatically terminate if You fail to comply with any provision of this Agreement.  Upon the termination or expiration of this Agreement for any reason whatsoever:  (i) the license granted hereunder shall immediately cease; and (ii) You shall immediately stop using the Program in any way and, within ten (10) days after the effective date of expiration or termination, deliver to Sage, or certify that You have destroyed, all copies of the Program.

19. MISCELLANEOUS.
a As a user of the Program, You assume the responsibility for the selection of the Program as being appropriate for your purposes.  You understand and agree that:  (i) You are solely responsible for the content and accuracy of all reports and documents prepared with the Program; (ii) using the Program does not relieve You of any professional obligation concerning the preparation and review of such reports and documents; (iii) You do not rely upon Sage or the Program for any advice or guidance regarding the appropriate tax treatment of items reflected on such reports or documents; (iv) You will review any calculations made by using the Program and satisfy yourself that those calculations are correct; and (v) Sage's support service is designed to offer technical support for issues regarding the features and functionality of this Program in the recommended operating environments only.
b To the fullest extent permitted by law and consistent with valid entry into a binding agreement, the controlling language of this Agreement is English and any translation you have received has been provided solely for your convenience. In the event You have entered into this Agreement by means of the display of a translated version of this Agreement in a language other than U.S. English, you may request a U.S. English language version of this Agreement by notice to Sage. To the fullest extent permitted by law, all correspondence and communication between You and Sage under this Agreement must be in English language. The exclusive judicial forum for any action brought to enforce this Agreement shall be an appropriate federal or state court located in Georgia without regard to the conflict of laws provisions thereof.
c This Agreement allocates risk between You and Sage as authorized by applicable law, and pricing of Sage's products reflects this allocation of risk and the limitation of liability contained in this Agreement.  In the event that any provision of this Agreement is found invalid or unenforceable pursuant to judicial decree, the remainder of this Agreement shall be valid and enforceable according to its terms.
d Sage, the Sage logo, Peachtree, the Peachtree logo, Sage Peachtree Direct Deposit, Sage Peachtree Payroll Solutions, Sage Peachtree Business Intelligence, , Sage eMarketing for Peachtree, ACT!, FAS, MAS, TAL, “Accuracy. Control. Results.” “Accounting Behind the Screens” and “ are registered trademarks or trademarks of Sage Software, Inc.. Business Objects and the Business Objects logo, BusinessObjects and Crystal Reports are trademarks or registered trademarks of Business Objects Software Ltd. UPS, the UPS brandmark and the Color Brown are the trademarks of United Parcel Service of America, Inc. Citrix, GoToMyPC, GoToMeeting, GoToWebinar, GoToAssistExpress, and Access Your PC from Anywhere are trademarks of Citrix Systems, Inc. and/or one or more of its affiliates and may be registered in the United States Patent and Trademark Office and in other countries. Microsoft, Microsoft SQL Server, Windows Vista, Windows, and the Windows logo are trademarks or registered trademarks of Microsoft Corporation in the United States and/or other countries. iLumen is a registered trademark of iLumen, Inc. For an up-to-date list of copyright and trademark statements, refer either to the copyright page of the Program User's Guide or the Help About Peachtree window within the Program. Other product names mentioned may be service marks, trademarks, or registered trademarks of their respective owners and are hereby acknowledged.
e No failure or delay of either party to exercise any rights or remedies under this Agreement shall operate as a waiver thereof, nor shall any single or partial exercise of the same or other rights or remedies preclude any further or other exercise of the same or other rights or remedies, nor shall any waiver of any rights or remedies with respect to any circumstances be constructed as a waiver thereof with respect to any other circumstances.
f Quebec.  With regard to Quebec, the parties declare that they have required that this Agreement and all documents related hereto, either present or future, be drawn up in the English language only.  Les parties déclarent par les présentes qu'elles exigent que cette entente et tous les documents y afférents, soit pour le présent ou l'avenir, soient rédigés en langue anglaise seulement.
g Sections 16 (Limitation of Liability), 18(b) (Term & Termination), 19(b) (Governing Law) and this Section 19(g) shall survive the expiration or termination of this Agreement.
h This Agreement constitutes the entire agreement between You and Sage with respect to the subject matter hereof, and supersedes any prior proposal, oral or written, advertising, representation, or other communication between the parties with respect to such subject matter.  This Agreement shall not be modified, except by written agreement signed by the parties hereto.
i Sage shall not be liable for and shall be excused from any failure to deliver or perform or for delay in delivery or performance due to causes beyond its reasonable control, including but not limited to, work stoppages, shortages, civil disturbances, terrorist actions, transportation problems, interruptions or power or communications, failure or suppliers or subcontractors, natural disasters or other acts of God.
j All notices given hereunder shall be in writing and sent by overnight courier or delivered in person:  (i) if to Sage, to Sage Software, Inc., Legal Department, 1715 North Brown Road, Lawrenceville, GA  30043; and (ii) if to You, to the address You indicated upon your registration of the Program.
k You authorize Sage to send You information, including but not limited to marketing and promotional material, via facsimile, email, telephone, and other reasonable means.