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Last updated Thursday April 14, 2011

This Maximizer CRM Live Subscription Agreement consists of the terms and conditions set out below and the order form (the ” Order Form“) entered into between Maximizer Software Inc. (“Maximizer“) and you (collectively, the “Agreement“).

BY ACCEPTING THIS AGREEMENT, EITHER BY CLICKING THE “I AGREE” BUTTON DISPLAYED AS PART OF THE ORDERING PROCESS OR BY EXECUTING AN ORDER FORM THAT REFERENCES THIS AGREEMENT, YOU AGREE TO THE FOLLOWING TERMS AND CONDITIONS GOVERNING YOUR USE OF THE MAXIMIZER SERVICES, AS DESCRIBED BELOW.  IF YOU ARE ENTERING INTO THIS AGREEMENT ON BEHALF OF A COMPANY OR OTHER LEGAL ENTITY, YOU REPRESENT THAT YOU HAVE THE AUTHORITY TO BIND SUCH ENTITY TO THESE TERMS AND CONDITIONS.  IF YOU DO NOT HAVE SUCH AUTHORITY, OR IF YOU DO NOT AGREE WITH THESE TERMS AND CONDITIONS, YOU SHOULD NOT CLICK THE “I AGREE” BUTTON AND MAY NOT ACCESS OR USE THE MAXIMIZER SERVICES.

1. Agreement Definitions

2. Rights Granted

Upon Maximizer’s acceptance of Your Order Form, and for the duration of the subscription period set out in the Order Form or the term of this Agreement, whichever ends first, You have the nonexclusive, non-assignable, non sub-licensable  worldwide limited right to use the Maximizer Services solely for Your internal business operations and subject to the terms of this Agreement.  You may allow the Users to use the Maximizer Services for this purpose and You are responsible for the User’s compliance with this Agreement.

You acknowledge that Maximizer has no delivery obligation and will not ship copies of any components of the Maximizer Services to You.  You agree that You do not acquire under this Agreement any license to use the Maximizer Services in excess of the scope or duration set out in the Order Form and this Agreement.  Upon the end of this Agreement, Your right to access or use the Maximizer Services will terminate.

3.1 Reservation of Rights

Subject to the limited rights expressly granted under this Agreement, Maximizer reserves all rights, title and interest in and to the Maximizer Services and all software or other intellectual property rights of Maximizer and its licensors therein.  No rights or licenses are granted to You under this Agreement except the right to use the Maximizer Services as expressly set forth in, and subject to, this Agreement.

3.2 Ownership of Your Data

As between Maximizer and You, You retain all rights, title and interest in and to all of Your Data.

3.4 Your Suggestions

Maximizer will have a royalty-free, worldwide, transferable, sub-licensable, irrevocable, perpetual license to use or incorporate into the Maximizer Services any suggestions, enhancement requests, recommendations or other feedback provided by You, including any Users, related to the operation of, or modification or improvement to, the Maximizer Services.

4. Free Trial

If Maximizer agrees in the Order Form to provide to You a limited free trial period, Maximizer will make the Maximizer Services available to You on a limited 30 day trial basis free of charge until the earlier of:

Additional terms and conditions for the use of the Maximize Services on a trial basis may appear on the trial registration web page.  Any such additional terms and conditions are incorporated into this Agreement by reference and are legally binding.  You will not be entitled to more than one 30 day free trial period for the Maximizer Services.

Any data You enter into the Maximizer Services, and any customizations made to the Maximizer Services by or for You, during Your free trial will be permanently lost unless You purchase a subscription to the Maximizer Services, or export such data, before the end of the trial period.  You acknowledge that You are solely responsible for exporting Your Data from the Maximizer Services prior to the end of a free trial period.  Maximizer will not be responsible for any of Your Data that is lost as a result of Your failure to export it prior to the end of the free trial period.

Please review the User Guide during the free trial period so that You become familiar with the features and functions of the Maximizer Services before You make Your purchase.

5. Use of the MAXIMIZER Services

5.1 User Subscriptions

Unless otherwise specified in the applicable Order Form:

5.2 Maximizer’s Responsibilities

Maximizer will:

You will:

You will not:

The Maximizer Services may be subject to other limitations including, but not limited to:

The limitations set out above may be increased by purchasing storage space and/or email upgrades from Maximizer at Maximizer’s then current list price for the desired upgrade.  Maximizer reserves the right to amend the usage limitations set out in this Section from time to time without providing notice to You.

6. Third-Party Applications

Maximizer may offer for sale Third-Party Applications under Order Forms.  Any acquisition by You of third party products or services including, but not limited to, Third Party Applications and implementation, customization and other consulting services, and any exchange of data between You and any third party provider, is solely between You and the applicable third party provider.  Your right to use Third Party Applications is governed by the terms of the Third Party Application license agreement and, unless otherwise stated in the Order Form, not under this Agreement.  Maximizer does not warrant or support third-party products or services.  You acknowledge that Maximizer may allow providers of those Third-Party Applications to access Your Data as required for the interoperation of such Third-Party Applications with the Maximizer Services.  Maximizer will not be responsible for any disclosure, modification or deletion of Your Data resulting from any such access by Third-Party Application providers.

7.1 User Fees

You will pay fees specified in the Order Form, as adjusted on each renewal term as contemplated in Section 13.4, in accordance with the terms and conditions set out therein and in this Agreement.  Except as otherwise specified in this Agreement or in an Order Form:

If any charges are not received by Maximizer from You by the Due Date, then at Maximizer’s discretion:

If any amount owing by You under this Agreement is 30 or more days overdue (or 10 or more days overdue in the case of amounts You have authorized Maximizer to charge to Your credit card), Maximizer may, without limiting Maximizer’s other rights and remedies, accelerate Your unpaid fee obligations under this Agreement so that all such obligations become immediately due and payable, and suspend provision of any or all of the Maximizer Services to You until such amounts are paid in full.

7.5 Payment Disputes

Maximizer will not exercise its rights under Section 7.4 if the applicable charges are under reasonable and good-faith dispute by You and You are cooperating diligently to resolve the dispute.

Each party agrees to hold the other party’s Confidential Information in confidence during the term of this Agreement and for a period of three years thereafter.  Each party agrees to disclose only information that is required for the performance of obligations under this Agreement.  Nothing in this Section will prevent either party from disclosing the Confidential Information to a governmental entity as required by law.

9. Protection of Your Data

Maximizer will maintain reasonable administrative, physical, and technical safeguards for protection of the security, confidentiality and integrity of Your Data.  Maximizer will not:

10.1 Limited Warranty

Maximizer warrants that the Purchased Services will perform materially in accordance with the User Guide.  If the Maximizer Services provided to You for any given month during the term of this Agreement are not performed as warranted, You must provide written notice to Maximizer no later that five business days after the last day of that particular month.  This limited warranty is subject to the following limitations:

10.2 Disclaimer of Other Warranties

NEITHER PARTY WILL BE LIABILITY FOR ANY INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES, OR ANY LOSS OF REVENUE OR PROFITS (EXCLUDING FEES UNDER THIS AGREEMENT), DATA, OR DATA USE.  MAXIMIZER’S MAXIMUM LIABILITY FOR ANY DAMAGES ARISING OUT OF OR RELATED TO THIS AGREEMENT, WHETHER IN CONTRACT OR IN TORT, OR OTHERWISE, WILL IN NO EVENT EXCEED, IN THE AGGREGATE, THE TOTAL AMOUNTS ACTUALLY PAID TO MAXIMIZER UNDER THE ORDER FORM FOR THE MAXIMIZER SERVICES THAT IS SUBJECT TO THE CLAIM IN THE THREE MONTH PERIOD IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO SUCH CLAIM.  ANY DAMAGE IN YOUR FAVOUR AGAINST MAXIMIZER WILL BE REDUCED BY ANY REFUND OF CREDIT RECEIVED BY YOU UNDER THIS AGREEMENT AND ANY SUCH REFUND AND CREDIT WILL APPLY TOWARDS THE LIMITATION OF LIABILITY.  THE FOREGOING DISCLAIMER WILL NOT APPLY TO THE EXTENT PROHIBITED BY APPLICABLE LAW.

12.2 Changes

Notwithstanding anything else to the contrary in this Agreement, Maximizer reserves the right at any time not to release or to discontinue release of any Purchased Services (and other Maximizer Services), to change its then current list price for the Purchased Services and other Maximizer Services and to alter features, specifications, capabilities, functions, licensing terms, release dates, general availability or other characteristics of the Purchased Services and other Maximizer Services.

13. Term and Termination

Unless terminated earlier in accordance with Section 13.3, this Agreement commences on the date You accept it or the date You accept an Order Form to which this Agreement applies, whichever is earlier, and continues until all User subscriptions granted to You by Maximizer have expired or been terminated.  If You elect to use the Maximizer Services for a 30 day free trial period and do not purchase a subscription before the end of that period, this Agreement will terminate at the end of the 30 day free trial period.

Maximizer may terminate this Agreement, effective immediately and without liability of Maximizer:

(a)  You may terminate this Agreement:

(b)  In addition, no earlier than 90 days after the commencement of the initial term of this Agreement (excluding any free trial period) or any renewal term, You may give written notice to Maximizer to terminate this Agreement, which notice will be effective upon a further 90 days from the date of the notice (i.e. the effective date of termination will be no earlier than 180 days after commencement of the term) for any other reason whatsoever.

Upon termination in accordance with Section 13.3(d) or 13.4, Maximizer will refund You any prepaid fees covering the remainder of the term of all subscriptions after the effective date of termination.  Upon termination under Section 13.3(a), 13.3(b) or 13.3(c), You acknowledge and agree that Maximizer will not provide any refund to You and You will pay any unpaid fees covering the remainder of the term of the Order Form after the effective date of termination.  In no event will any termination relieve You of the obligation to pay any fees payable to Maximizer for the period prior to the effective date of termination.

Upon request by You made within 30 days after the effective date of termination of a Purchased Services subscription, Maximizer will make Your Data available to You for download.  After such 30 day period, Maximizer will have no obligation to maintain or provide any of Your Data and will thereafter, unless legally prohibited, delete all of Your Data in Maximizer’s systems or otherwise in Maximizer’s possession or control.

13.7 Surviving Provisions

Sections 3, 5.3, 7, 8, 10.2, 11, 12, 13.5, 13.6, 14 will survive any termination or expiration of this Agreement.

14.1 Amendment

Maximizer may audit Your use of the Maximizer Services and You will cooperate and provide Maximizer with reasonable assistance and access to information, so long as Maximizer gives You three days advance written notice.  You agree to pay within 30 days of written notice any fees applicable to Your use of the Maximizer Services in excess of Your rights under this Agreement.  You agree that Maximizer will not be responsible for any of Your costs incurred in cooperating with the audit.

14.3 Waiver of Jury Trial

Each party hereby waives any right to jury trial in connection with any action or litigation in any way arising out of or related to this Agreement.

14.4 Press Releases

You acknowledge that Maximizer may make reference to You and Your relationship to Maximizer in press releases, advertising and promotional materials and You consent to any such reference.

14.5 Relationship

The parties are independent contractors and are not agents, joint venturers, partners or employees of one another, and Maximizer will not be obligated by any agreements or representations made by You to any person, nor will Maximizer be obligated for any damages to any person caused by Your actions, failure to act, negligence or willful conduct.

14.6 Assignment

This Agreement may not be assigned or sublicensed by You without the prior written approval of Maximizer.  Maximizer may subcontract or delegate the provision of any or all of the Maximizer Services or otherwise assign its rights in this agreement at any time without Your consent.

14.7 Entire Agreement; Enforceability; Waiver

This Agreement and the applicable Order Form constitute the entire agreement between the parties relating to the subject matter of this Agreement and supersede or replace all prior or contemporaneous agreements or representations.  The terms and conditions of this Agreement may only be amended under an amendment to this agreement signed by all parties.  If any terms of this Agreement are found to be invalid or unenforceable, the remaining provisions will remain effective.  No failure or delay by a party in exercising any right or power under this agreement will operate as a waiver of that right or power, and the single or partial exercise of a right or power under this Agreement will not preclude any other or future exercise of that or any other right or power.

Except as otherwise specified in this Agreement, all notices, permissions and approvals will be in writing and will be deemed to have been given upon: (i) personal delivery, (ii) the fifth business day after mailing, (iii) the second business day after sending by confirmed facsimile, or (i) the first business day after sending by email to the email address set out in the Order Form (provided email will not be sufficient for notices of termination or an indemnifiable claim).  Notice to You will be addressed to the system administrator designated by You under the Order Form, and in the case of billing notices, to the relevant billing contact designated by You.  The address and contact person for any notices by You to Maximizer will be to Maximizer Software Inc., 10th Floor, 1090 West Pender Street , Vancouver, BC, Canada  V6E 2N7, Facsimile: 604-681-6001, Attention: CRM Administrator.

14.9 Governing Jurisdiction.

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• Maximizer CRM Live Subscription Agreement
• Maximizer Live System Requirements

FREE for 30 days, then from $39 per user/mth

Maximizer Live Features:

• Business Productivity
• Sales Force Automation
• Marketing Automation
• Customer Service & Support
• Business Intelligence
• Mobile Access

Learn More:

• Maximizer CRM Live Overview
• Cloud-Based or On-Premise CRM Solution
• Live Subscription Details
• Live Add on Extras
• Maximizer Live System Requirements

To purchase one of these add-ons, please call your Solution Advisor on 1800 800 610 or email sales@maximizer.com.au 

FREE for 30 days, then from $39 per user/mth

Maximizer Live Features:

• Business Productivity
• Sales Force Automation
• Marketing Automation
• Customer Service & Support
• Business Intelligence
• Mobile Access

Learn More:

• Maximizer CRM Live Overview
• Cloud-Based or On-Premise CRM Solution
• Live Subscription Details
• Live Add on Extras
• Maximizer Live System Requirements

FREE for 30 days, then from $39 per user/mth

Maximizer Live Features:

• Business Productivity
• Sales Force Automation
• Marketing Automation
• Customer Service & Support
• Business Intelligence
• Mobile Access

Learn More:

• Maximizer CRM Live Overview
• Cloud-Based or On-Premise CRM Solution
• Live Subscription Details
• Live Add on Extras
• Maximizer Live System Requirements

Maximizer CRM Live is a powerful business productivity solution which is easy to deploy, use and maintain. With its award-winning features, robust platform, easy deployment and affordable monthly subscription model it provides powerful productivity in the cloud. Because it is a cloud-based solution, there is little technical expertise required and no need to manage and maintain complex hardware infrastructure. The result is a cost-effective solution that promises to deliver a quick ROI (return on investment), while freeing your company to focus on its core competencies.

Learn how Maximizer CRM Live can help your small or medium business attract more prospects, win new customers, and increase repeat business.

Business Productivity

Maximizer Live CRM information

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Maximizer CRM Live makes it easy for your large or small business teams to collaborate and work with customers more effectively through proper time and task management, communications, Microsoft® Outlook and Office integration and document management.

• Document the entire history of each customer’s lifecycle — tracking conversations, transactions and incidents to help deliver greater value over time.
• Schedule appointments, meetings and your work and personal time effectively with Maximizer CRM’s integrated business calendar. Time management has never been easier for small to medium-sized businesses.
• Plan a series of tasks with Action Plans to a consistent set of best practices and ensure nothing slips through the cracks.
• Use Action Plan templates to manage projects, sales activities, or lead follow-up processes.

Sales Force Automation

Maximizer Live CRM information

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Sales force automation (SFA) with Maximizer CRM Live helps sales managers and executives and their teams exceed revenue targets with sales opportunity management, monitoring and forecasting.

• Stay updated on team, territory and individual performance, ensuring accountability and the required level of motivation within your sales organization.
• Keep tabs on your biggest deals by staying alerted to important changes in their status.
• Apply sophisticated, custom methodologies to better manage unique opportunities, or take advantage of simple Action Plans and built-in templates that keep straightforward deals moving ahead.
• Automatically assign leads and accounts based on territory rules ensuring that high potential opportunities flow to the appropriate teams and reps.
• Build dynamic social profiles of customers and prospects by linking directly to relevant social networks and LinkedIn profiles.

Marketing Automation

Maximizer Live CRM information

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With a built-in email campaign engine, integrated with sales and service management, generate more targeted leads and close the loop with sales.

• Target customers and prospects quickly with relevant content using easy profiling and list management.
• Set up automated processes for lead management, such as automatically responding to inquiries with a series of emails and alerting the appropriate sales representative to follow up.
• Automatically calculate campaign ROI — instantly see conversion rates, evaluate the cost of customer acquisition and interpret response rates to focus on what’s working.
• Track the progression and outcome of opportunities by campaign to determine the link between targeted marketing and closed deals.

Customer Service & Support

Maximizer Live CRM information

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Track, escalate and resolve customer service incidents. Effectively optimize service resources and frontline service representatives to dramatically increase productivity and improve customer satisfaction.

• Track, escalate and resolve customer service issues received through any incoming channel (phone, email or web) to ensure follow-through on every interaction.
• Resolve issues faster with a central repository of critical customer case details and a knowledge base of common incident resolutions.
• Deliver timely service by automatically notifying reps of new case assignments and overdue cases.
• Analyze case queues to ensure customer satisfaction and retention remains high.

Business Intelligence

Maximizer Live CRM information

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With Maximizer CRM Live put actionable insight into the hands of sales, marketing and service managers and executives. Key performance metrics and status reports enable you to solve problems, seize opportunities and refine everyday processes.

• Gain actionable insight by checking your personalized dashboard for a visual snapshot of sales leads, opportunities and account status.
• Enhance your insight further by drilling down to view the data behind the metrics in a detailed list that can be formatted, sorted and exported to Excel.
• Analyze opportunities and adjust strategy accordingly with instantaneous reports that deliver insight through sales pipeline funnels, lead summaries and forecast analysis.
• Gain a clear view of your overall service record with real-time access to critical customer service metrics through the dashboard.

Mobile Access

Maximizer Live CRM information

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Mobile Access enables you and your team to work productively and effectively – anywhere, anytime. With an intuitive user interface — optimized for the latest technology – Mobile Access for Maximizer CRM Live allows you to view and update critical customer information in your database in real-time using the most popular mobile devises and tablets.

• Access Maximizer CRM Live on popular mobile devices and tablets (BlackBerry^®, Apple^® iPhone™, Google^® Android™, Apple^® iPad™, BlackBerry^® Playbook™).
• View and update your contacts, tasks, appointments, sales opportunities and customer service cases while on the road.
• Monitor critical business KPIs in real-time from any location with Mobile Dashboards and take immediate action.
• Plan your day of appointments and activities by mapping multiple customers with one-click access to maps and directions from customer records.

View Mobile Access Demo Video

FREE for 30 days, then from $39 per user/mth

Learn More:

• Maximizer CRM Live Overview
• Cloud-Based or On-Premise CRM Solution
• Live Subscription Details
• Live Add on Extras
• Live Subscription Details
• Maximizer Live System Requirements

Maximizer CRM Live is a powerful and intuitive cloud CRM solution for your whole organization. It is an invaluable business tool to help you close more sales, gain accurate insight into your sales pipeline and easily execute marketing campaigns to generate more leads.

Easy to deploy and inexpensive to maintain, yet powerful enough to meet the changing needs of your growing business. The only complete CRM solution available at one low price.

Its simple, efficient and EASY!

Maximizer CRM Live’s award-winning features, robust platform, easy deployment and affordable monthly SaaS subscription model makes it a powerful cloud-based business productivity solution. Learn how Maximizer CRM Live can help your small or medium business attract more prospects, win new customers, and
increase repeat business.

FREE for 30 days, then from $39 per user/mth

Maximizer Live Features:

• Business Productivity
• Sales Force Automation
• Marketing Automation
• Customer Service & Support
• Business Intelligence
• Mobile Access

Learn More:

• Maximizer CRM Live Overview
• Cloud-Based or On-Premise CRM Solution
• Live Subscription Details
• Live Add on Extras
• Maximizer Live System Requirements