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The Sage End User License Agreement (“EULA”) governs use of the Sage software products listed below. The EULA has recently been updated to include provisions for the new Sage on-premise subscription product offerings. Review and/or download a copy of the revised EULA here. If you have any questions about the EULA and your specific Sage products, please call Sales at the number shown above.
The following Supplemental License Terms are added to and made a material part of the Sage End User License Agreement for the products listed below:
You may install the Software on a single computer for access and Use by a single user, or on a single server for concurrent access and Use over a network by multiple users, so long as the number of users at any one time does not exceed the number of "Uses" You pay for.
For All Database License Purchases. You acknowledge and agree that You assume all risks associated with the use of and reliance on any Database delivered by Sage. All Databases are provided “AS IS” with no express or implied warranties whatsoever. Neither Sage nor its Database Providers (including but not limited to NECA, i2, and RS Means) shall be responsible or liable for (i) any errors in: productivity rates, pricing, calculations, documentation, any other data, or the transcription of same (collectively “Data”) included in any Database delivered by Sage, or (ii) for any damages suffered by You or any party claiming through You, arising from Your reliance on the Data and Your failure to obtain correct or updated Data. You remain solely responsible for the accuracy, applicability, review of, and results obtained from using the Data. You hereby release Sage and its Data Providers from and waive any right to assert any claim under any legal theory which may arise against Sage and/or its Data Providers by reason of Your use of or reliance on the Database and/or the Data.
Sage 300 Construction and Real Estate Only. Your use of Office Connector Starter for Sage 300 Construction and Real Estate is governed solely by the provisions of the end user license agreement from Event 1 Software. (Download the agreement.)
Sage Estimating QTO Integrator, formerly Sage Timberline Office Estimating QTO Integrator Only. Your use of Sage Estimating QTO Integrator is also governed by these additional terms. (Download the terms.)
If Microsoft SQL Server v2005-Standard Edition ships with Your Software, the provisions of the Microsoft SQL Server 2005—Standard Edition license apply to You. (Download the license.)
If You subscribe to tax services from Avalara, Inc. in connection with Your Software, the provisions of the Avalara Master Services Agreement apply to You. (Download the agreement.)
You may use the Software, with some limitations and without registration, in demonstration mode for up to one ninety (90)-day period following installation. If the Software is not registered within this time, You must uninstall and remove the Software. You agree that any user consents to the terms of the License. For each license to use the Software on a “named” basis that You purchased, Sage grants You the right to designate a single named user, which may change from time to time. That user is granted, a personal, nonexclusive license to use one copy of the Software on a single installation of the product. You may install the client Software on multiple machines provided that the Software is used only by named user.
If You are a new customer or an upgrading customer who has not previously opted out of participating in the Sage BusinessWorks 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 Sage software and in-product help and services. This information will help Sage identify trends and usage patterns to improve the quality of the products and services it offers. Sage will not collect any of Your Sage BusinessWorks data or any personally identifiable information. Your participation in this program is voluntary—You may opt-out of PEP at any time by going to the Help Menu in the Program.
The database in the Program is provided by Pervasive Software, Inc. (“Pervasive”). As part of its 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.
The Supplemental License Terms for Sage CRM include the terms of the Apache Software License, Version 1.1. (Download the license.)
During installation of the Software, You will be asked to register the Software by providing Sage certain information about You and Your Reseller. For details regarding how Sage uses customer information, please see our Privacy Policy at http://www.sagecrm.com/northamerica/privacypolicy. If you elect not to register the Software during installation, a reminder banner will appear on the screen of each user. You can disable the banner by registering the Software at any time.
Use Limitations: This Program contains a component which is covered by a license other than defined above: MyDownloader: A Multi-thread C# Segmented Download Manager, by Guilherme Labigalini, The Code Project Open License (CPOL) version 1.02, http://www.codeproject.com/KB/IP/MyDownloader.aspx.
Sage Exchange Supplemental Terms to End User License Agreement:
Use of the software requires You to open a Sage Exchange Account.
If you choose to link Sage Exchange to a software, hardware, or service solution that is not made available by Sage, including but not limited to using a non-Sage payment processor (collectively "Third Party Options"), then by utilizing Sage Exchange with any Third Party Option, you acknowledge that Sage disclaims all expressed and implied warranties, including but not limited to the implied warranties of merchantability and fitness for a particular purpose with respect to the Third Party Option and he compatibility of Sage Exchange with such Third Party Option. In no event shall Sage be liable for any direct, indirect, incidental, special, exemplary, or consequential damages (including, but not limited to, procurement of substitute goods or services; loss of use, data, or profits; or business interruption) however caused and on any theory of liability, whether in contract, strict liability, or tort (including negligence or otherwise) arising in any way from any Third Party Option used in connection with Sage Exchange, even if advised of the possibility of such damage.
Sage Exchange is an accepted PA-DSS application. Acceptance of a given payment application by the PCI Security Standards Council, LLC (PCI SSC) only applies to the specific version of that payment application that was reviewed by a PA-QSA and subsequently accepted by PCI SSC (the “Accepted Version”). If any aspect of a payment application or version thereof is different from that which was reviewed by the PA-QSA and accepted by PCI SSC—even if the different payment application or version (the “Alternate Version”) conforms to the basic product description of the Accepted Version—then the Alternate Version should not be considered accepted by PCI SSC, nor promoted as accepted by PCI SSC.
No vendor or other third party may refer to a payment application as “PCI Approved” or “PCI SSC Approved,” and no vendor or other third party may otherwise state or imply that PCI SSC has, in whole or part, accepted or approved any aspect of a vendor or its services or payment applications, except to the extent and subject to the terms and restrictions expressly set forth in a written agreement with PCI SSC or in a PA-DSS letter of acceptance provided by PCI SSC. All other references to PCI SSC’s approval or acceptance of a payment application or version thereof are strictly and actively prohibited by PCI SSC.
When granted, PCI SSC acceptance is provided to ensure certain security and operational characteristics important to the achievement of PCI SSC’s goals, but such acceptance does not under any circumstances include or imply any endorsement or warranty regarding the payment application vendor or the functionality, quality, or performance of the payment application or any other product or service. PCI SSC does not warrant any products or services provided by third parties. PCI SSC acceptance does not, under any circumstances, include or imply any product warranties from PCI SSC, including, without limitation, any implied warranties of merchantability, fitness for purpose, or noninfringement, all of which are expressly disclaimed by PCI SSC. All rights and remedies regarding products and services that have received acceptance from PCI SSC shall be provided by the party providing such products or services, and not by PCI SSC or any payment brands.
For each Single User License that You purchase, You may Use one copy of the Software for a single named user at a single location. For each Site License that You purchase, You may Use the Software for each named user at a single location for which the Site License has been purchased. For each Network License that You purchase, You may Use the Software on a single network server or central computer which may serve only the number of named users (seat licenses) for which the Network License has been purchased.
If You are a new customer or an upgrading customer, You have automatically been enrolled in the Sage Fixed Assets Product Enhancement Program (“PEP”). Through PEP, Sage collects information on Your hardware and how You use Sage software and its in-product Help and services. This information will help Sage identify trends and usage patterns to improve the quality of the products and services it offers. Sage will not collect any of Your Sage Fixed Assets data or any personally identifiable information. Your participation in this program is voluntary—You may opt-out of PEP at any time by clicking on the Product Enhancement Program command on the Help Menu in the Program.
For each Site License that You purchase, You may copy the Single User version of the Software for each named user at a single location for which the Site License has been purchased. For each Network License that You purchase, You may Use the Software on a single network server or central computer (the “Server”) that utilizes a supported operating environment listed in the installation documentation and the Server may serve only the number of named users for each computer (seat licenses) for which the Network License has been purchased. If You are a new customer or an upgrading customer who has not previously opted out of participating in the Sage HRMS 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 Sage software and its in-product Help and services. This information will help Sage identify trends and usage patterns to improve the quality of the products and services it offers. Sage will not collect any of Your Sage HRMS data or any personally identifiable information. Your participation in this program is voluntary—You may opt-out of PEP at any time by going to the Services menu in the Program.
The license contained in this Agreement is conditioned upon Customer purchasing from Sage (i) implementation planning services, (ii) installation services, and (iii) basic program management services pursuant to a Master Services Agreement covering the terms and conditions of those services.
Add the following subsections (6) and (7) to the definition of "Use" in paragraph 3(j) of Your Sage End User License Agreement, as follows:
[You may***] (6) install and use one copy of the server Software to access a single host database service; and, (7) install one copy of the Software license keys on a single host database.
Advanced Analytics is an embedded application for the host Sage SalesLogix application. You may not use Advanced Analytics other than as integrated with Sage SalesLogix. All analysis performed by a Sage SalesLogix Advanced Analytics user must be CRM-related and used expressly for the purpose of analysis that assists a CRM user in completing his or her job responsibilities. Any data that is used for analysis using Sage SalesLogix Advanced Analytics must be either physically or logically joined to an entity that is exposed in the Sage SalesLogix user interface as a main view. You agree to permit Sage or its Supplier to conduct an audit of your use of Advanced Analytics. You agree that the Uniform Computer Information Transactions Act is not applicable as it relates to your use of Advanced Analytics.
Sage makes no and disclaims all expressed and implied warranties including but not limited to the implied warranties of merchantability and fitness for a particular purpose with respect to any third-party software, hardware, or services provided by Applianz, Inc. In no event shall Sage be liable for any direct, indirect, incidental, special, exemplary, or consequential damages (including, but not limited to, procurement of substitute goods or services; loss of use, data, or profits; or business interruption) however caused and on any theory of liability, whether in contract, strict liability, or tort (including negligence or otherwise) arising in any way out of the use of any third-party software, hardware, or services provided by Applianz, Inc., even if advised of the possibility of such damage.
If You are a new customer or an upgrading customer who has not previously opted out of participating in the Sage 100 ERP and Sage 500 ERP 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 Sage software and its in-product Help and services. This information will help Sage identify trends and usage patterns to improve the quality of the products and services it offers. Sage will not collect any of Your Sage 100 and 500 ERP data or any personally identifiable information. Your participation in this program is voluntary—You may opt-out of PEP at any time by going to the Services menu in the Program.
Sage 100 Standard ERP and Sage 500 ERP only. If You subscribe to tax services from Avalara, Inc. in connection with Your Software, the provisions of the Avalara Master Services Agreement apply to You. (Download the agreement.)
Visual Analyzer. Visual Analyzer is an embedded application for the host Sage SalesLogix application. You may not use Visual Analyzer other than as integrated with Sage SalesLogix and any links in Visual Analyzer to external data sources must link into actual SalesLogix database entities such as “Accounts,” “Contacts," and “Opportunities.”
Qlikview Enterprise for Visual Analyzer. You may use Qlikview Enterprise for the number of developer licenses purchased and solely for development and deployment of customizations for the Visual Analyzer application.
Use Limitations: The License provided under this License is specifically limited to the number of timekeepers (hereinafter defined as “the individual(s) for whom incremental time is recorded via the Software”) for which license fees have been paid. Any use of the Software by You for a greater number of timekeepers for which additional license fees have not been paid constitutes a violation of this License and is cause for Sage to terminate this License. You may use the Software only in machine-readable form. If the Software is an upgrade from another product, You may use that upgraded product only in accordance with this License.