1. Why did I receive this Notice?
2. Who is covered by the proposed Settlement? How do I know if I am a Settlement Class Member?
3. What benefits are available to me?
4. What is this lawsuit all about?
5. What do I have to do at this time?
6. How do I file a claim? Do I need to file a Claim?
7. When can I expect my settlement benefit?
8. How can I exclude myself from this settlement?
9. What if I still have questions?
10. I purchased more than one license. Do I have to complete a claim form for each license or can I submit one claim form to cover all of the licenses?

1. Why did I receive this Notice?

You received notice of this Settlement because you have been identified as a potential Settlement Class Member in the Sage Software Class Action Settlement. The Notice summarizes the terms of the Settlement and informs you of your legal rights. The Court has preliminarily approved the Settlement and ordered the notice be mailed to Settlement Class Members.

Back to top

2. Who is covered by the proposed Settlement? How do I know if I am a Settlement Class Member?

All persons and entities that validly licensed one or more of Sage's ACT! 2005, ACT! 2005 Premium for Workgroups or ACT! Premium for Web 2005 software licenses for use during the period from June 1, 2004 until November 28, 2007 (the "Software Licenses at Issue"). Excluded from the Class are (i) Sage, any entity in which Sage has a controlling interest or which has a controlling interest in Sage, and Sage's legal representatives, predecessors, successors, assigns, and employees; (ii) the judge and staff to whom this case is assigned, and any member of the judge's immediate family; (iii) any person or entity who has already received a full refund or other consideration from Sage related to such License(s); and (iv) any person or entity that has already executed a release or settlement with Sage related to the Software Licenses at Issue.

Back to top

3. What benefits are available to me?

If the Court approves the proposed Settlement, eligible Settlement Class Members who submit a timely and valid claim form will receive a maximum of $45.00 per Software license at Issue, depending on the number of Settlement Class Members that file a claim.

Back to top

4. What is this lawsuit all about?

Plaintiff in the Action alleges that ACT! 2005 has a materially flawed design that prohibited users from applying all advertised functions of ACT! 2005. The claims asserted in the Action are premised on alleged breach of warranty, fraud, negligence, unjust enrichment, deceptive business practices, and violations of consumer protection statutes.

Sage denies all of the Plaintiff's allegations and believes the allegations lack merit.

The Court has not ruled on the merits of Plaintiff's claims in the Action or Sage's defenses thereto.

Sage has agreed to settle this case. However, their agreement to settle should not be construed as an admission of wrongdoing or an admission that class certification for any purpose other than settlement is appropriate in the Action.

Back to top

5. What do I have to do at this time?

The options that you have are as follows:

First, you can stay in the Settlement Class, and submit a claim form to become eligible for a maximum of $45.00 per Software license at Issue, depending on the number of Class Members that file a claim. Claim forms must be mailed to the Sage Software Claims Administrator, C/O Rust Consulting, Inc., P.O. Box 1923, Faribault, MN 55021-7178 no later than May 23, 2008.

Second, you can exclude yourself from the Settlement Class by completing the Opt-Out form in the Notice. Opt Outs must be mailed to Plaintiff and Defendant Counsel or to the Claims Administrator as described on page 4 of the Notice no later than April 3, 2008.

Third, you can stay in the Settlement Class but Object to the Settlement. Any written objections to the Settlement must be mailed to Plaintiff and Defendant Counsel as described on page 4 of the Notice no later than April 3, 2008.

Fourth, you can stay in the Settlement, file a written objection and state your intention to appear at the Settlement Hearing. The written objection and request to appear must be mailed to Plaintiff and Defendant Counsel as described on page 4 of the Notice no later than April 3, 2008.

Further information and instructions for any of the above options can be found in the Notice. If you believe you are a Settlement Class Member and did not receive a Notice and Claim Form, please click here.

Back to top

6. How do I file a claim? Do I need to file a Claim?

If you wish to participate in the proposed Settlement, you must submit a claim form and appropriate documentation by May 23, 2008. Claim Forms must be mailed to the Sage Software Claims Administrator, C/O Rust Consulting, Inc., P.O. Box 1923, Faribault, MN 55021-7178.

A separate claim form is required for each valid software license at Issue for which you wish to make a claim. If you purchased multiple licenses for ACT! 2005 (for example, you bought a "5-user MultiPack," you bought from a sales consultant in Sage Software's Corporate License department, or you purchased more than one copy of the software in a single purchase through another channel), you are not required to submit a separate claim form for each license. When completing Section B of the Class Action Claim and Opt-Out Form, include the number of licenses you purchased next to your company's name on the "Company Name" line, and submit documentation sufficient to support the number of licenses you purchased.

You may obtain additional claim forms by clicking here. You may also make copies of the claim form you received in the Notice.

Back to top

7. When can I expect my settlement benefit?

The Claims Administrator will issue payments to eligible Settlement Class Members who submit a timely and valid Claim Form upon the Court's final approval of the Settlement and entry of a final judgment. A hearing is scheduled for April 24, 2008, for the Court to consider whether to give final approval to the Settlement. Once the Court gives final approval to the Settlement, and if there are no timely appeals made, you can expect to receive your payment in the summer of 2008.

Back to top

8. How can I exclude myself from this settlement?

In order to exclude yourself from the Settlement Class you must complete the Opt-Out form in the Notice. Opt Outs must be mailed to Plaintiff and Defendant Counsel or to the Claims Administrator as described on page 4 of the Notice no later than April 3, 2008

Further instructions on how to exclude yourself from the Settlement Class can be found in the Notice.

Back to top

9. What if I still have questions?

Any questions you have about the matters in this Notice should be directed in writing to Plaintiff's Counsel, Ralph M. Stone, Esq., Shalov Stone Bonner & Rocco LLP, 485 Seventh Avenue, Suite 1000, New York, NY 10018. Their website is www.lawssb.com. You may also call Plaintiff's Counsel at 212-239-4340. You may also receive updates on this website.

Back to top

10. I purchased more than one license. Do I have to complete a claim form for each license or can I submit one claim form to cover all of the licenses?

If you purchased multiple licenses for ACT! 2005 (for example, you bought a "5-user MultiPack," you bought from a sales consultant in Sage Software's Corporate License department, or you purchased more than one copy of the software in a single purchase through another channel), you are not required to submit a separate claim form for each license. When completing Section B of the Class Action Claim and Opt-Out Form, include the number of licenses you purchased next to your company's name on the "Company Name" line, and submit documentation sufficient to support the number of licenses you purchased.

If you purchased more than one ACT! 2005 license in separate transactions, you must submit a claim form for each separate transaction including the corresponding documentation to support each transaction.

Back to top