[{"_id":"project-settings","settings":{"translateMetaTags":true,"translateAriaLabels":true,"translateTitle":true,"showWidget":true,"isFeedbackEnabled":false,"fv":1,"customWidget":{"theme":"dark","font":"rgb(255, 255, 255)","header":"rgb(0, 0, 0)","background":"rgba(0, 0, 0,0.8)","position":"right","positionVertical":"bottom","border":"","borderRequired":false,"widgetCompact":true,"isWidgetPositionRelative":false},"widgetLanguages":[{"code":"es-LA","name":"Español (América Latina)"},{"code":"fr-CA","name":"Français (Canada)"}],"activeLanguages":{"fr-CA":"Français (Canada)","es-LA":"Español (América Latina)","de":"Deutsch","en":"English"},"enabledLanguages":["de","en","es-LA","fr-CA"],"debugInfo":false,"displayBranding":true,"displayBrandingName":true,"localizeImages":false,"localizeUrls":false,"localizeImagesLimit":false,"localizeUrlsLimit":true,"localizeAudio":false,"localizeAudioLimit":false,"localizeDates":false,"disabledPages":[],"regexPhrases":[],"allowComplexCssSelectors":false,"blockedClasses":false,"blockedIds":false,"phraseDetection":true,"customDomainSettings":[],"seoSetting":[],"translateSource":false,"overage":false,"detectPhraseFromAllLanguage":false,"googleAnalytics":false,"mixpanel":false,"heap":false,"disableDateLocalization":false,"ignoreCurrencyInTranslation":false,"blockedComplexSelectors":[]},"version":4012},{"_id":"en","source":"en","pluralFn":"return n != 1 ? 1 : 0;","pluralForm":2,"dictionary":{},"version":4012},{"_id":"outdated","outdated":{"#Pricing Tailored to Your Wireless Retail Needs":1,"#Maximize Impact, Minimize Costs":1,"#Today, iQmetrix’s suite of <a ljsid-1=\"\">Commerce interconnecté</a> solutions powers the wireless retail operations of leading telecom brands — including major carriers and globally recognized device manufacturers. We also serve big-box retailers and authorized wireless dealers of all sizes.":1,"#Various Coverage for <span ljsid-1=\"\">6</span>-Month North American Smartphone Sales Infographic":1,"##FA<span ljsid-1=\"\">3</span>A<span ljsid-3=\"\">56</span>":1,"#iQmetrix takes great pride in our award-winning, people-first culture. Our success comes from the hundreds of incredible <span ljsid-1=\"\"></span><span ljsid-3=\"\">\"</span>iQers” who bring their talent, passion, and experience to their jobs every single day. Our organization fully embraces a self-management approach, guided by our cultural values, our commitment to giving back, and our desire to be happy and fulfilled while excelling at our work.":1,"#iQmetrix and Shiftlab join forces to bring the best in retail and workforce management solutions to retail organizations":1,"#iQmetrix Acquires Shiftlab to Offer Superior Retail Workforce Management Solutions":1,"#logo icons":1,"#Textures":1,"#Coral":1,"#- The wordmark is based on Museo Sans font with custom slab serifs on the i and x. The Q in the wordmark is a circle that visually connects with the symbol.":1,"#Photos and Textures":1,"#Logo & Icon":1,"#iQmetrix Branding":1,"#We use lifestyle imagery with color filters to add more human and authentic moments to our brand. Our photography and video features real people and great experiences.":1,"#Wordmark":1,"#primary logo":1,"#Turquoise":1,"#- The symbol is bold and well established. It is very simple, but structural and carries the message of reliability and security. In addition, it has a strong anchor – the letter Q – to carry branding through to the products, services, etc.":1,"#Our Colours":1,"#Consistent communication of the iQmetrix brand is essential. On this page, you’ll find appropriate branding guidelines and media assets, including logos, brand color palette, typeface, and more.":1,"#Brand Assets":1,"#Logo Misuse":1,"#A non-stacked, linear version of the logo can be used in limited-space layouts, such as the Download Logo navigation bar.":1,"#Sky":1,"#Primary Logo":1,"##<span ljsid-1=\"\">20</span>F<span ljsid-3=\"\">6</span>FF - #FF<span ljsid-5=\"\">20</span>FD":1,"#While our primary logo is Black on White, we use a Turquoise or White logo on dark or photo backgrounds.":1,"#We add an extra layer of meaning to our designs by using various textures.":1,"#More than just mere representation of diversity, we aim to show individuals as human first.":1,"##<span ljsid-1=\"\">20</span>F<span ljsid-3=\"\">6</span>FF":1,"#Icon Logo":1,"#Secondary Logo":1,"#Humans":1,"##FF<span ljsid-1=\"\">20</span>FD":1,"##<span ljsid-1=\"\">17</span>BAFF":1,"#Download Logo Package":1,"#We use diverse images in our brand to send a clear signal to the industry that our company holds diversity and inclusion at our core. Diversity to us includes different races, gender identity, age, sexual orientation, culture, abilities, perspectives, and more.":1,"##<span ljsid-1=\"\">8147</span>BC":1,"#Violet":1,"#While our primary logo is black on a white background, turquoise and fuchsia are our primary colors. It is the dominant gradient used in our communication and design elements.":1,"#It is important that the appearance of the logo remains consistent. The logo should not be misinterpreted, modified, or added to. No attempt should be made to alter the logo in any way. Its orientation, colour, and composition should remain as indicated — there are no exceptions.":1,"#This allows us to create illusions and alter the look and feel of an image. Textures can make the images feel lighter, imply a sense of floating, convey speed, reflect growth, and more.":1,"#We are very proud of our logo, and we require that you follow these guidelines to ensure it always looks its best. Our logo is the combination of a simple and modern wordmark with the icon.":1,"#Gradient":1,"#<strong ljsid-0=\"\">Do not</strong> use the old version of the logo. <strong ljsid-2=\"\">Do not</strong> distort or warp the logo in any way. <strong ljsid-4=\"\">Do not</strong> outline or create a keyline around the logo.":1,"#Fuchsia":1,"#In cases when the iQmetrix brand has already been established, we simply use the icon on its own. While the icon can exist without the wordmark, the wordmark should never exist without the icon.":1,"#Symbol":1,"#The cornerstone of our branding is the iQmetrix logo – consisting of two elements:":1,"#Typography":1,"#Branding":1,"#In addition to black and white, we use a range of illustrative colors to attach some fun and vibrancy to our brand.":1,"#<strong ljsid-0=\"\">Do not</strong> rotate the logo. <strong ljsid-2=\"\">Do not</strong> change the logo colour. <strong ljsid-4=\"\">Do not</strong> change the typeface nor recreate or manipulate the wordmark and the icon.":1,"#users across some of the industry’s biggest brands":1,"#iQmetrix | Vendor Inventory Service (VIS) Landing Page":1,"#iQmetrix Acquires Viva Tracker to Expand its Web-Based Retail Management Solutions":1,"#iQmetrix Teams Up With Skale to Offer Peer-to-Peer Coaching":1,"#It moves from high-cost, high-effort implementations to turnkey, plug <span ljsid-1=\"\"></span><span ljsid-3=\"\">'</span>n’ play solutions.":1,"#Media contact":1,"#Link to original article.":1,"#Customers often begin their shopping online and want to collect their order in-store. iQmetrix's Buy Online, Pick-Up In-Store (BOPIS) solution creates a…":1,"#BOPIS Retail Software Solutions for Telecom":1,"#This new IoT interoperability standard has been in the pipeline for several years and was developed from an existing connectivity protocol. The effort began almost three years ago when CSA, formerly the Zigbee Alliance, launched <span ljsid-1=\"\"></span><span ljsid-3=\"\">“</span>Project Connected Home over IP” (informally known as Project CHIP, or simply CHIP). Zigbee is an existing IoT protocol for smart home devices, which already has millions of certified products, although it does not offer the same level of seamless connectivity and control promised by the new Matter standard. The rebranded CSA built on the <a ljsid-5=\"\">Zigbee</a> standard and formally launched the new Matter protocol at the end of <span ljsid-7=\"\">2022</span>. CSA member companies are now working hard to certify their products as Matter compliant, if they are not already.":1,"#by <span ljsid-1=\"\">Joannah Connolly</span> on Jan. <span ljsid-3=\"\">26</span>, <span ljsid-5=\"\">2023</span> in <a ljsid-7=\"\"> CES </a> <a ljsid-9=\"\"> Wireless Trends </a>":1,"#One of the first companies to publicly announce its support, even before Matter was officially launched, was Google. In <a ljsid-1=\"\">an announcement</a> way back in spring <span ljsid-3=\"\">2021</span>, Google said, <span ljsid-5=\"\"></span><span ljsid-7=\"\">“</span>Android will be one of the leading operating systems with built-in support for Matter, letting you quickly set up [any Matter-compliant] devices with Google and link your favorite Android apps.” Other big-name brands quickly signed up for the collaboration, and many were already involved as existing members of the <span ljsid-9=\"\">2002</span>-formed Zigbee Alliance.":1,"#The CSA has anticipated such concerns, and released a <a ljsid-1=\"\">whitepaper outlining Matter’s security standards</a>. This detailed a series of security protocols that the CSA implemented to prevent data leakage and ensure strong levels of cybersecurity. The report said, <span ljsid-3=\"\"></span><span ljsid-5=\"\">“</span>Great care has been taken in the design of Matter to minimize the amount of information that needs to be shared between nodes, thereby minimizing the potential for inadvertent leakage of information.”":1,"#Gadget Guard and iQmetrix Introduce GuardPlusISM to Support Wireless Retailers":1,"#iQmetrix to Acquire Digital Experience Platform and Activation Solutions from Synchronoss":1,"#iQmetrix | BOPIS Retail Software Solutions for Telecom":1,"#BOPIS Retail Solutions for Telecom":1,"#An End-to-End Buying Experience":1,"#The purchase of DXP and Activation, valued at $<span ljsid-1=\"\">14</span> million, is an investment that allows iQmetrix to integrate advanced digital retail technology with intelligent retail management, ultimately enabling retailers to deliver exceptional consumer experiences.":1,"#For <span ljsid-1=\"\">22</span> years, we’ve been passionate about helping the leading brands in telecom to grow by providing best-in-class software, services, and expertise that enables them to adapt and thrive. Our solutions powered $<span ljsid-3=\"\">16</span>.<span ljsid-5=\"\">4</span>BN in sales last year, and are used by <span ljsid-7=\"\">300</span>,<span ljsid-9=\"\">000</span> telecom retail professionals across <span ljsid-11=\"\">1</span>,<span ljsid-13=\"\">000</span>-plus clients. iQmetrix is a privately held software-as-a-service (SaaS) company with offices in Canada and the U.S. For more information, please visit <a ljsid-15=\"\"><strong ljsid-15-0=\"\">www.iqmetrix.com</strong></a>.":1,"#<strong ljsid-0=\"\">Vancouver, BC — May <span ljsid-0-1=\"\">11</span>, <span ljsid-0-3=\"\">2022</span>—</strong>iQmetrix, North America’s leading provider of telecom retail management software, announced today that it has closed its acquisition of Digital Experience Platform (“DXP”) and Activation Solutions (“Activation”) from Synchronoss Technologies, Inc. (Nasdaq: SNCR) — a global leader in cloud, messaging, and digital products and platforms.":1,"#The acquisition of these product pillars and associated employee base now gives iQmetrix its first office in Bangalore, India. Approximately <span ljsid-1=\"\">100</span> employees in India, the US, the UK, Ireland, and Germany will be transitioned into iQmetrix.":1,"#iQmetrix Goes Global With Close of Synchronoss DXP and Activation…":1,"#Vancouver, BC—May 11, 2022—iQmetrix, North America’s leading provider of telecom retail management software, announced today that it has closed its…":1,"#Synchronoss Technologies (Nasdaq: SNCR) builds software that empowers companies around the world to connect with their subscribers in trusted and meaningful ways. The company’s collection of products helps streamline networks, simplify onboarding, and engage subscribers to unleash new revenue streams, reduce costs and increase speed to market. Hundreds of millions of subscribers trust Synchronoss products to stay in sync with the people, services, and content they love. That’s why more than <span ljsid-1=\"\">1</span>,<span ljsid-3=\"\">500</span> talented Synchronoss employees worldwide strive each day to reimagine a world in sync. Learn more at <a ljsid-5=\"\"><strong ljsid-5-0=\"\">www.synchronoss.com</strong></a>.":1,"#About Shiftlab":1,"#In fact, many of the booth reps at CES were showcasing not just their new smart home devices, but also the fact that these products were Matter certified. The CSA was also present at CES as its own entity, with a Matter booth impressing attendees on the show floor and the CSA party touted as a hot ticket.":1,"#The Connectivity Revolution: How Cross-Brand Smart Home Tech Connects…":1,"#Consumers, many of whom are already nervous about their privacy when it comes to smart home hubs, could be forgiven for feeling nervous about their data and personal information. After all, we’re talking about smart devices from numerous different brands being in your home, listening to you, recording you, monitoring your actions and requests, and then communicating freely with each other. What will all those CSA member companies do with individuals’ private information? Even more alarmingly, what happens when even one member company gets hacked?":1,"#Data Privacy Concerns":1,"#Without getting too much into the weeds, Matter operates best alongside other technologies to create an even better user experience. Matter works as an application layer on top of connectivity protocols like Ethernet, Wi-Fi, Bluetooth, and the relatively new <a ljsid-1=\"\">Thread</a>. As Matter becomes increasingly adopted in homes, Thread may become the most crucial of these. It’s a Zigbee-based protocol that uses less power than Wi-Fi, and many Thread products effectively function as their own mini-routers to which other products can connect without weighing down the user’s Wi-Fi network.":1,"#Layering Technologies For Improved Efficiency":1,"#Jason Raymer, Senior Vice President of Revenue and Client Experience at iQmetrix, saw first-hand the host of Matter-related technology on display at CES":1,"#Smart home device connectivity is being revolutionized by the Connectivity Standards Alliance, a collaboration of massive brands including Amazon, Google,…":1,"#Today, the CSA has more than":1,"#How the Standard Started":1,"#Whatever the future implications for data privacy, one thing is for sure. The Matter protocol has the potential to reach millions of smart-home devices — and potentially other related devices such as wearables, hearables, health monitors, and other connected wireless accessories — over the coming years.":1,"#and the following years.":1,"#member companies, and well over":1,"#matters’ out of all of this. It is, at the very least, allowing consumers make the most of the technology that’s being developed, and not forcing them into a corner where they have to choose one brand or one ecosystem.”":1,"#Why It Matters":1,"#Want more market insights, sent direct to your inbox each month? Head over to our Industry Intelligence page and sign up for our newsletter":1,"#Some Thread products already exist without Matter certification, such as Nanoleaf lights — something that may or may not change in future. So, while the two technologies work together, it’s important for consumers to look out for the Matter logo on a product to get the full benefits of the Matter functionality.":1,"#Now, consumers can choose from any Matter-compliant brand and base their buying decision on the individual product they prefer, rather than the brand name. Which, in turn, makes Matter compliance a must-have for any new or existing piece of smart home technology. That’s why everybody is jumping on the bandwagon to get their products certified.":1,"#In addition, many individual Matter-certified products allow the user to control what is shared with their control hub. For example, the user might allow a sequence of room-temperature selections from a Nest thermostat to be activated from their Samsung smart TV, but allow no other information from their Nest account to be shared with other Matter devices. Like with so many apps today, it may be up to the user to check their privacy options for each device to ensure they are comfortable with the data being shared. However, it may yet prove challenging to control the flow of personal information when our smart home devices are constantly listening and monitoring.":1,"#This gives consumers the freedom of not having to stick with one brand’s ecosystem of smart home devices to enjoy the simplicity of controlling them all from one place. Previously, a consumer had to either buy separate brand items and control each one individually — usually through apps on their phone — or stick to a single brand, such as Samsung or LG, so that the devices would interconnect and could be centrally controlled.":1,"#What’s important is that it is putting the consumer at the center of technology advancement. That’s what":1,"#Matter-certified products. These numbers are both likely to see an explosion in":1,"#A revolution in connectivity is happening in the smart home technology space, with the world’s biggest brand names collaborating, rather than competing, with each other.":1,"#It’s no wonder that Matter is, well, what matters in smart home tech right now (pun intended). Complying with Matter means that a device — whether a smart TV, a smart thermostat, smart oven, fridge, kettle, etc. — can connect with all the other smart devices in that home, no matter what brand each device may be. It means that, for example, your LG TV, your Nest thermostat, your Ring doorbell and security camera, and your Samsung fridge are all talking to each other and, most importantly, can all be controlled from a single hub. That could be a voice-activated hub such as Google Home or Amazon Alexa, or your smart TV interface, or your phone — anywhere you choose.":1,"#The Connectivity Standard Alliance is a cross-brand group comprising <span ljsid-1=\"\">520</span> (and counting) smart-home and appliance technology companies, including Amazon, Google, Samsung, Apple, Zigbee, and many more. Among other initiatives, they have come together to introduce a connectivity protocol called Matter, which was arguably the hottest topic of discussion at the smart-home tech booths at CES <span ljsid-3=\"\">2023</span> in Las Vegas earlier this month.":1,"#. He commented,":1,"#Want to start meeting customers where they are?":1,"#All stakeholders and touchpoints are updated through integrated notifications to the customer, the carrier, and the retailer.":1,"#Reserve or Pay Online":1,"#Show Inventory Availability":1,"#Buy Online Pick Up In-Store enables an end-to-end omnichannel experience for a start-to-finish customer journey, no matter what retail channel they use.":1,"#Boost sales online and in-store":1,"#Integrated Notifications":1,"#Customers can enter their zip code to see up-to-date inventory availability across all the authorized retailer and corporate stores.":1,"#BOPIS Features":1,"#With payment integrations, customers can conveniently complete their purchase online or choose to reserve the item and pay for it in-store.":1,"#Curbside Pick-Up":1,"#The customer experiences a consistent brand journey that can be controlled at every touchpoint, including the e-commerce website, notifications, and inventory availability, ensuring a seamless and unified brand experience.":1,"#Explore the potential benefits of implementing buy online, pick up in-store for your telecom retail operations with <a ljsid-1=\"\">our interactive value-assessment tool</a>.":1,"#Deliver frictionless customer journeys":1,"#Customers often begin their shopping online and want to collect their order in-store to avoid waiting for delivery. Buy Online, Pick-Up In-Store (BOPIS) provides a seamless retail experience, allowing customers to enjoy a unified brand experience across various touchpoints.":1,"#One Tier <span ljsid-1=\"\">1</span> U.S. telecom carrier saw sales through iQmetrix’s BOPIS solutions increase by a massive <span ljsid-3=\"\">400</span>% year over year. <a ljsid-5=\"\">Read about how this globally recognized brand implemented BOPIS across their store network</a>, creating a win-win-win for the brand, its authorized retailers, and its customers.":1,"#Whether customers are picking up their product from a corporate carrier or authorized retailer store, they get the same brand experience as they did when ordering from brand’s website.":1,"#Brand Controls":1,"#Powered by iQmetrix’s POS and RMS System":1,"#Telecom retailers see success with BOPIS":1,"#Staying competitive in telecom retail requires meeting customers where they are. Whether they prefer online or in-store shopping, their experience should be seamless. With BOPIS, customers can conveniently pick up their orders right away instead of waiting for shipment, at a location that suits them best.":1,"#Unify brand experiences across channels":1,"#All touchpoints along the customer’s journey are powered by RQ, iQmetrix’s point of sale and retail management system for telecom retail. RQ handles the purchase order, inventory holds, reconciliation, rebates, commissions and fees.":1,"#Meet Customers Where They Are":1,"#Customers who prefer fast and contactless pick-up can select curbside pick-up. This allows them to retrieve their item quickly without the need to interact with anyone at the store.":1,"#Boost sales through your brand’s e-commerce channel, gain new customers, and create activation and upsell opportunities when the customer picks up their order. It’s a win-win!":1,"#Windows <span ljsid-1=\"\">10</span> version <span ljsid-3=\"\">1803</span>+":1,"#iQmetrix Goes Global With Close of Synchronoss DXP and Activation Solutions Acquisition":1,"#iQmetrix’s intelligent retail management software is designed to power sales of connected devices. Our software is built around enabling telecom retailers to deliver a buy-anywhere strategy through multi-channel inventory management and digital retail solutions; make data-driven decisions using robust reporting; and unify storefronts and digital channels for a consistent customer experience — in-store, online, and anywhere else.":1,"#Select Your Region":1,"#iQmetrix | Hardware":1,"#About Synchronoss":1,"#Over the coming months, iQmetrix will work with Synchronoss to ensure a smooth transition for both customers and employees.":1,"#DXP and Activation enable telecom operators and retailers around the globe to create, orchestrate, and manage digital experiences across all channels. Using a low-code approach, DXP allows users to easily create, integrate, and publish customer journeys and experiences through simple drag-and-drop configurations.":1,"#(f) <span ljsid-1=\"\"></span><span ljsid-3=\"\">“</span>Confidential Information” means all information disclosed by or on behalf of iQmetrix or Subscriber (“Disclosing Party”) to the other party (“Receiving Party”) which is in tangible form and labeled <span ljsid-5=\"\"></span><span ljsid-7=\"\">“</span>confidential” (or with a similar legend) or which a reasonable person would understand to be confidential given the nature of the information and circumstances of its disclosure. Confidential Information includes, without limitation, proprietary information, technical data, trade secrets or know-how, including, but not limited to, source code, research, product plans, products, services, customers, customer lists, markets, developments, inventions, processes, formulas, technology, designs, drawings, engineering, hardware configuration information, marketing, finances, or other business information (and iQmetrix’s Confidential Information specifically includes the Software, the Services, the Documentation, and the terms and conditions of this Agreement), BUT EXCLUDES information that (i) was previously known to Receiving Party at the time of disclosure by or on behalf of Disclosing Party without an obligation of confidentiality; (ii) was or is obtained by Receiving Party from a third party who is not known by the Receiving Party to be under an obligation of confidence to Disclosing Party with respect to such information; (iii) is or has become publicly known, through no wrongful act of the Receiving Party; (iv) was or is independently developed by Receiving Party without use of Confidential Information that has been disclosed pursuant to this Agreement, as evidenced by written record; or (v) was required to be disclosed in order to comply with applicable laws or regulations (including, without limitation, for securities law purposes) or with any requirement imposed by any governmental or court order but only then to the extent required for such compliance;":1,"#Mala traducción":1,"#Texto original":1,"#Tu opinión servirá para ayudar a mejorar el Traductor de Google":1,"#Valora esta traducción":1,"#iQmetrix | iQmetrix Goes Global With Close of Synchronoss DXP and…":1,"#Benefits":1,"#(x) <span ljsid-1=\"\"></span><span ljsid-3=\"\">“</span>Major Service Reduction” has the meaning given in Section <span ljsid-5=\"\">16</span>.<span ljsid-7=\"\">4</span>;":1,"#(dd) <span ljsid-1=\"\"></span><span ljsid-3=\"\">“</span>Pricing Tiers” has the meaning given in Section <span ljsid-5=\"\">3</span>.<span ljsid-7=\"\">2</span>;":1,"#(cc) <span ljsid-1=\"\"></span><span ljsid-3=\"\">“</span>Policies” has the meaning given in Section <span ljsid-5=\"\">5</span>.<span ljsid-7=\"\">4</span>, and <span ljsid-9=\"\"></span><span ljsid-11=\"\">“</span>Policy” means any one of them;":1,"#(e) <span ljsid-1=\"\"></span><span ljsid-3=\"\">“</span>Carrier” means, if applicable, the carrier which: Subscriber has been appointed a dealer of pursuant to a Dealer Agreement; and iQmetrix has entered into a separate, written integration agreement with in respect of the Software and Carrier systems;":1,"#(b) <span ljsid-1=\"\"></span><span ljsid-3=\"\">“</span>ACH Authorization Agreement” means an authorization agreement for pre-authorized payments;":1,"#<span ljsid-0=\"\">16</span>.<span ljsid-2=\"\">7</span> Termination or cancellation of this Agreement or a Subscription in accordance with this Agreement will not terminate or cancel any payment obligation of Subscriber under this Agreement remaining in effect.":1,"#<span ljsid-0=\"\">16</span>.<span ljsid-2=\"\">5</span> Notwithstanding any other provision to the contrary in this Agreement, with respect to any Subscription to which Metered Usage applies, in the event that iQmetrix determines in any given month that such Metered Usage has declined to an amount that is less than or equal to <span ljsid-4=\"\">80</span>% of Subscriber’s Metered Usage as compared to the rolling average monthly Metered Usage over the prior twelve (<span ljsid-6=\"\">12</span>) months (or the rolling average over the prior months since the effective date of the applicable the applicable Quote if such reduction occurs during the Initial Term) (a <span ljsid-8=\"\"></span><span ljsid-10=\"\">“</span>Major Service Reduction”), unless iQmetrix otherwise agrees with Subscriber, iQmetrix will deem Subscriber to have terminated the applicable Subscription, effective at the end of month in which the Major Service Reduction occurred (“Deemed Termination”).":1,"#(aa) <span ljsid-1=\"\"></span><span ljsid-3=\"\">“</span>Modification” has the meaning given in Section <span ljsid-5=\"\">5</span>.<span ljsid-7=\"\">5</span>;":1,"#(o) <span ljsid-1=\"\"></span><span ljsid-3=\"\">“</span>Fees” means all fees, including transactional, one-time, hourly, daily, monthly and annual fees, to be paid by Subscriber in relation to the Subscription Services and Services provided by iQmetrix under the applicable Quote;":1,"#(k) <span ljsid-1=\"\"></span><span ljsid-3=\"\">“</span>Disclosing Party” has the meaning given in Section <span ljsid-5=\"\">17</span>.<span ljsid-7=\"\">1</span>(f);":1,"#(a) ceases to carry on active business, subject to Section <span ljsid-1=\"\">18</span>.<span ljsid-3=\"\">9</span>;":1,"#(n) <span ljsid-1=\"\"></span><span ljsid-3=\"\">“</span>End-User” means any person or entity other than an Agent with whom any Subscriber, Subscriber Affiliate, Authorized Representative, or Agent interacts with using the Services, including customers;":1,"#<span ljsid-0=\"\">16</span>.<span ljsid-2=\"\">9</span> The terms outlined in the following sections of the Agreement will survive any expiration or termination of this Agreement: <span ljsid-4=\"\">5</span>.<span ljsid-6=\"\">10</span>, <span ljsid-8=\"\">6</span>.<span ljsid-10=\"\">1</span>, <span ljsid-12=\"\">6</span>.<span ljsid-14=\"\">2</span>, <span ljsid-16=\"\">6</span>.<span ljsid-18=\"\">3</span>, <span ljsid-20=\"\">7</span>.<span ljsid-22=\"\">4</span>, <span ljsid-24=\"\">11</span>.<span ljsid-26=\"\">1</span>, <span ljsid-28=\"\">11</span>.<span ljsid-30=\"\">2</span>, <span ljsid-32=\"\">11</span>.<span ljsid-34=\"\">3</span>, <span ljsid-36=\"\">11</span>.<span ljsid-38=\"\">5</span>, <span ljsid-40=\"\">12</span>.<span ljsid-42=\"\">1</span>, <span ljsid-44=\"\">12</span>.<span ljsid-46=\"\">2</span>, <span ljsid-48=\"\">12</span>.<span ljsid-50=\"\">3</span>, <span ljsid-52=\"\">12</span>.<span ljsid-54=\"\">4</span>, <span ljsid-56=\"\">12</span>.<span ljsid-58=\"\">5</span>, <span ljsid-60=\"\">13</span>.<span ljsid-62=\"\">3</span>, <span ljsid-64=\"\">13</span>.<span ljsid-66=\"\">4</span>, <span ljsid-68=\"\">14</span>.<span ljsid-70=\"\">1</span>, <span ljsid-72=\"\">14</span>.<span ljsid-74=\"\">2</span>, <span ljsid-76=\"\">14</span>.<span ljsid-78=\"\">3</span>, <span ljsid-80=\"\">15</span>.<span ljsid-82=\"\">2</span>, <span ljsid-84=\"\">16</span>.<span ljsid-86=\"\">7</span> and <span ljsid-88=\"\">16</span>.<span ljsid-90=\"\">8</span>. Part <span ljsid-92=\"\">18</span> will survive the expiration or termination of this Agreement in its entirety, as will all defined terms required for the interpretation of any of the surviving Sections and subsections of this Agreement.":1,"#<span ljsid-0=\"\">16</span>.<span ljsid-2=\"\">8</span> Upon termination or expiration of this Agreement and the payment by Subscriber of any Fees or other amounts outstanding, Subscriber may request at any time within twelve (<span ljsid-4=\"\">12</span>) months following such termination or expiration and iQmetrix will deliver to Subscriber upon such request a copy of Subscriber’s data held on iQmetrix’s system, in an industry standard format as determined by iQmetrix in its sole discretion. Following such twelve (<span ljsid-6=\"\">12</span>) month period after termination or expiration, iQmetrix may delete all of Subscriber’s data, including all Account Data, from its systems and have no further obligation to Subscriber with respect to such data.":1,"#<span ljsid-0=\"\">5</span>.<span ljsid-2=\"\">5</span> Subscriber acknowledges and agrees that iQmetrix may modify the Policies or add new Policies from time to time in its sole discretion (a <span ljsid-4=\"\"></span><span ljsid-6=\"\">“</span>Modification”). Subscriber will be notified of a Modification through notifications or posts communicated through the Subscription Services, the iQmetrix website at <a ljsid-8=\"\">https://www.iQmetrix.com</a> or through direct communication from iQmetrix to Subscriber. Subscriber expressly agrees that Subscriber’s ongoing access and use of the Services will be deemed to be Subscriber’s agreement to such Modification.":1,"#(z) <span ljsid-1=\"\"></span><span ljsid-3=\"\">“</span>Metered Usage” has the meaning given in Section <span ljsid-5=\"\">3</span>.<span ljsid-7=\"\">8</span>;":1,"#(l) <span ljsid-1=\"\"></span><span ljsid-3=\"\">“</span>Documentation” means all user manuals, training materials, webinars, videos, help files, and any other packaged documentation, issued from time to time by iQmetrix to assist in and relating to the Services;":1,"#(c) files or has filed against it a petition (or other document) under any bankruptcy law or similar law;":1,"#(y) <span ljsid-1=\"\"></span><span ljsid-3=\"\">“</span>Malicious Software” means any software that brings harm to a computer system, including without limitation worms, viruses, trojans, spyware, adware and rootkits, which steal protected data, delete documents or add software not approved by a user;":1,"#(t) <span ljsid-1=\"\"></span><span ljsid-3=\"\">“</span>Launch Services” means the implementation services provided by iQmetrix to enable Subscriber to use the Subscription Services, which may include Subscriber-specific configurations to the Software;":1,"#(f) any breach of Third Party Terms and Conditions or terms and conditions in effect between Subscriber and the provider of Integrated Solutions.":1,"#(e) in the event the prohibition on class arbitration is deemed invalid or unenforceable, then the entire Section <span ljsid-1=\"\">18</span>.<span ljsid-3=\"\">15</span> (agreement to arbitrate) will be null and void and that Section <span ljsid-5=\"\">18</span>.<span ljsid-7=\"\">13</span> and Section <span ljsid-9=\"\">18</span>.<span ljsid-11=\"\">14</span>, respectively, will apply.":1,"#(c) arbitrate solely on an individual basis, and that this Agreement does not permit class arbitration or any claims brought as a plaintiff or class member in any class or representative arbitration proceeding;":1,"#(j) <span ljsid-1=\"\"></span><span ljsid-3=\"\">“</span>Deemed Termination” has the meaning given in Section <span ljsid-5=\"\">16</span>.<span ljsid-7=\"\">4</span>;":1,"#(h) <span ljsid-1=\"\"></span><span ljsid-3=\"\">“</span>Dealer Agreement” means the separate, written agreement between Subscriber and Carrier appointing Subscriber as a dealer of such Carrier;":1,"#(b) becomes insolvent;":1,"#(b) DAMAGES DUE TO USE, PERFORMANCE OR OPERATIONS OF THE INTERNET OR USE OF THE INTERNET BY SUBSCRIBER;":1,"#(a) to the extent legally permissible, notify Disclosing Party as soon as practicable of the required disclosure upon receipt of a governmental or court order; and":1,"#(a) the termination of this Agreement; or":1,"#(jj) <span ljsid-1=\"\"></span><span ljsid-3=\"\">“</span>Service” or <span ljsid-5=\"\"></span><span ljsid-7=\"\">“</span>Services” means any one or more service, as the case may be, that iQmetrix agrees to provide pursuant to this Agreement as set forth in the Quote or otherwise, which may include, without limitation, the Subscription Services, the Launch Services, the Support Services, access to the Integrated Solutions, and access to the Documentation;":1,"#(ii) <span ljsid-1=\"\"></span><span ljsid-3=\"\">“</span>Service Rate” means iQmetrix’s time and materials hourly rate for services not otherwise included in the Fees set forth in a Quote; generally, any such services would only be performed pursuant to a separate professional services agreement between the Parties;":1,"#(p) <span ljsid-1=\"\"></span><span ljsid-3=\"\">“</span>Go Live Date” has the meaning given in Section <span ljsid-5=\"\">4</span>.<span ljsid-7=\"\">3</span>;":1,"#(d) proposes any dissolution, liquidation, composition, financial reorganization or recapitalization with creditors; or":1,"#<span ljsid-0=\"\">15</span>.<span ljsid-2=\"\">2</span> Subscriber will indemnify, defend and hold harmless iQmetrix, its affiliates and its and their employees, directors, shareholders and any entities whose products are provided as integrated parts of or through the Software and Services or who provide any part of the Subscription Services for any and all Losses arising from, or connected with:":1,"#(d) that are combined with third party products, processes, or materials where the alleged infringement relates to such combination.":1,"#<span ljsid-0=\"\">15</span>.<span ljsid-2=\"\">1</span> iQmetrix will indemnify, defend and hold harmless Subscriber for Losses on account of or arising from a third party claim that the Software infringes the copyright, US patent, Canadian patent, or misappropriates the trade secrets, of such third party; provided, however, that iQmetrix is promptly notified of any and all threats, claims, and proceedings related thereto and given reasonable assistance and the opportunity to assume sole control over the defence and all negotiations for a settlement or compromise. The foregoing indemnification obligations will not apply with respect to Software or portions or components thereof:":1,"#(b) cooperate with Disclosing Party in making, if available under applicable law, a good faith effort to obtain a protective order or other appropriate determination against or limiting disclosure or use of the Confidential Information, at no cost to the Parties.":1,"#<span ljsid-0=\"\">17</span>.<span ljsid-2=\"\">6</span> Any references herein to any law, by law, rule, regulation, order or act of any government, governmental body or other regulatory body will be construed as a reference thereto as amended or re-enacted from time to time or as a reference to any successor thereto.":1,"#(q) <span ljsid-1=\"\"></span><span ljsid-3=\"\">“</span>Initial Term” has the meaning given in Section <span ljsid-5=\"\">1</span>.<span ljsid-7=\"\">3</span>;":1,"#<span ljsid-0=\"\">16</span>. TERMINATION":1,"#(b) that are made in whole or in part in accordance with Subscriber specifications;":1,"#(c) LOSS OF DATA;":1,"#<span ljsid-0=\"\">11</span>.<span ljsid-2=\"\">3</span> Subscriber acknowledges that iQmetrix has expended substantial time, effort and funds to create and deliver its Intellectual Property. iQmetrix’s Intellectual Property will remain the exclusive property of iQmetrix. The Subscriber will not obtain any rights to Intellectual Property unless such rights are explicitly granted by this Agreement or subsequent agreements entered into by the Parties pursuant to this Agreement. Intellectual Property may, however, be used as authorized by this Agreement or upon the receipt of the prior written approval of iQmetrix. The right of Subscriber to use of the Intellectual Property of iQmetrix will end upon termination or expiration of this Agreement.":1,"#<span ljsid-0=\"\">18</span>.<span ljsid-2=\"\">10</span> iQmetrix may assign this Agreement and/or the benefit of this Agreement in the event that iQmetrix merges with another company or sells or assigns its entire business to another company.":1,"#Either Party may change its address by notice given to the other in the manner set forth in this paragraph. Notices sent by registered mail will be deemed given and received <span ljsid-1=\"\">5</span> calendar days after they are mailed; email notices will be deemed given and received upon reply email confirming receipt.":1,"#<span ljsid-0=\"\">18</span>.<span ljsid-2=\"\">1</span> iQmetrix will not be liable for any failure to perform its obligations under this Agreement or any failure of the Subscription Services or Software because of circumstances beyond the control of iQmetrix, which such circumstances will include (without limitation) natural disaster, terrorism, riot, sabotage, labour disputes, war, any acts or omissions of any government or governmental authority, declarations of governments, laws, court orders, transportation delays, power or telecommunications failure not caused iQmetrix.":1,"#(pp) <span ljsid-1=\"\"></span><span ljsid-3=\"\">“</span>Subscriber’s IT Environment” has the meaning given in Section <span ljsid-5=\"\">4</span>.<span ljsid-7=\"\">2</span>(a);":1,"#(hh) <span ljsid-1=\"\"></span><span ljsid-3=\"\">“</span>Service Level Credit” has the meaning given in Part <span ljsid-5=\"\">10</span>;":1,"#(bb) <span ljsid-1=\"\"></span><span ljsid-3=\"\">“</span>Monthly Subscription Fees” means the monthly subscription and usage fees set out in any applicable Quote;":1,"#<span ljsid-0=\"\">17</span>. INTERPRETATION":1,"#(b) Accordingly, in lieu of actual damages relating to a Major Service Reduction, Subscriber agrees that liquidated damages may be assessed and recovered by iQmetrix as against Subscriber, without iQmetrix being required to present any evidence of the amount or character of actual damages sustained by reason thereof; therefore Subscriber will be liable to iQmetrix for payment of liquidated damages in an amount equal to: the number of months remaining in the Initial Term or the then current Renewal Term upon the date of Deemed Termination multiplied by the applicable Fees that would be payable if calculated using the rolling average monthly Metered Usage over the prior twelve (<span ljsid-1=\"\">12</span>) months (or the rolling average monthly Metered Usage over the prior months since the effective date of the applicable Quote if Deemed Termination occurs during the Initial Term).":1,"#<span ljsid-0=\"\">16</span>.<span ljsid-2=\"\">1</span> Subject to Section <span ljsid-4=\"\">16</span>.<span ljsid-6=\"\">4</span>, either Party will have the right to terminate any individual Subscription for any or no reason upon written notice to the other Party provided not less than ninety (<span ljsid-8=\"\">90</span>) days prior the end of the Initial Term or any Renewal Term for the applicable Subscription.":1,"#<span ljsid-0=\"\">14</span>.<span ljsid-2=\"\">3</span> IN JURISDICTIONS THAT DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, OR REQUIRE EXCLUSIONS AND/OR LIMITATIONS OF LIABILITY THAT ARE DIFFERENT THAN THOSE SET FORTH IN THIS PART <span ljsid-4=\"\">14</span>, IQMETRIX’S LIABILITY WILL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW. The limitations set forth in this Part <span ljsid-6=\"\">14</span> will survive and apply even if any limited remedy specified in this Agreement is found to have failed of its essential purpose.":1,"#(c) if neither of the options set forth in Subsection (a) or (b) is commercially reasonable, terminate the Subscription applicable to the Software in breach of the foregoing warranty and provide a full refund of any Fees or other amounts paid by Subscriber to iQmetrix during the <span ljsid-1=\"\">90</span> day period prior to the date of termination with respect to such Subscription Service or portion thereof that was inoperable.":1,"#<span ljsid-0=\"\">18</span>.<span ljsid-2=\"\">12</span> Nothing in this Agreement, express or implied, is intended to confer upon any person, other than the Parties hereto, any rights, benefits or remedies under or by reason of this Agreement.":1,"#(tt) <span ljsid-1=\"\"></span><span ljsid-3=\"\">“</span>Test Version” has the meaning given in Section <span ljsid-5=\"\">4</span>.<span ljsid-7=\"\">2</span>(a); and":1,"#(ee) <span ljsid-1=\"\"></span><span ljsid-3=\"\">“</span>Receiving Party” has the meaning given in Section <span ljsid-5=\"\">17</span>.<span ljsid-7=\"\">1</span>(f);":1,"#(u) <span ljsid-1=\"\"></span><span ljsid-3=\"\">“</span>Launch Team” means any one or more of the iQmetrix personnel providing the Launch Services;":1,"#(r) <span ljsid-1=\"\"></span><span ljsid-3=\"\">“</span>Integrated Solutions” means any product or service available to Subscriber through the Subscription Services, or Software or portions or components thereof, including Credit Card and Debit Card Services, that are supplied by third parties (whether white-labelled by iQmetrix or provided under the label of the applicable third party) and that may be governed by agreements between Subscriber and such third party providers, as well as terms and conditions in this Agreement and any applicable Product Terms;":1,"#<span ljsid-0=\"\">17</span>.<span ljsid-2=\"\">1</span> In this Agreement the following terms will have the following meanings:":1,"#<span ljsid-0=\"\">16</span>.<span ljsid-2=\"\">6</span> This Agreement will automatically expire on the date of expiration or termination of the last Subscription entered into hereunder (i.e. when no Subscriptions are currently in effect).":1,"#(a) Subscriber expressly acknowledges and agrees that (i) iQmetrix has determined the applicable pricing for each Subscription on the basis of anticipated usage as indicated by Subscriber at the commencement of the Initial Term or any Renewal Term of a Subscription; (ii) any Major Service Reduction will cause iQmetrix to incur substantial economic damages and losses in amounts which are very difficult to compute and ascertain with certainty as a basis for recovery by iQmetrix due to transactional and other variable fees that iQmetrix may forego, and (iii) liquidated damages represent a fair, reasonable and appropriate estimate thereof.":1,"#(e) its assets are taken into the possession of a receiver, trustee, custodian or similar agent.":1,"#<span ljsid-0=\"\">14</span>.<span ljsid-2=\"\">2</span> Without limiting the generality of the foregoing, iQmetrix’s liability for Losses with respect to the Services or any portion of the Services, including but not limited to liability for any fundamental breach of this Agreement with respect to the Services or any portion thereof and regardless of the form of action, will not exceed: (a) for Subscription Services, the total Monthly Subscription Fees paid by Subscriber for the then current Initial Term or Renewal Term with respect to the Subscription giving rise to liability hereunder; and (b) for each Service other than Subscription Services giving rise to liability hereunder, the total Fees paid by Subscriber for the then current Initial Term or Renewal Term of such Service.":1,"#<span ljsid-0=\"\">13</span>.<span ljsid-2=\"\">4</span> Some jurisdictions do not allow the exclusion of implied warranties, which means that some of the above exclusions may not apply to Subscriber. IN THESE JURISDICTIONS, IQMETRIX’S IMPLIED WARRANTIES WILL BE EXCLUDED TO THE GREATEST EXTENT PERMITTED BY LAW AND IQMETRIX WILL ADHERE SOLELY TO THE MINIMUM AMOUNT OF IMPLIED WARRANTIES NECESSARY TO COMPLY WITH APPLICABLE LAW.":1,"#(b) service of process being effected upon Subscriber by registered mail;":1,"#<span ljsid-0=\"\">18</span>.<span ljsid-2=\"\">7</span> The provisions of this Agreement will be deemed severable. In the event that any provision of this Agreement is determined by a court having jurisdiction to be unenforceable or invalid, such provision will nonetheless be enforced to the fullest extent permitted by applicable law, and such determination will not affect the validity and enforceability of any other remaining provisions of this Agreement.":1,"#<span ljsid-0=\"\">18</span>.<span ljsid-2=\"\">6</span> Subject to Sections <span ljsid-4=\"\">1</span>.<span ljsid-6=\"\">10</span> and <span ljsid-8=\"\">5</span>.<span ljsid-10=\"\">5</span>, alterations, modifications or amendments of provisions of this Agreement will not be binding unless such alterations, modifications or amendments are in writing and signed by authorized representatives of iQmetrix and Subscriber.":1,"#(kk) <span ljsid-1=\"\"></span><span ljsid-3=\"\">“</span>Software” means iQmetrix software products developed from time to time, as well as all parts thereof and updates thereto, as identified in each applicable Quote;":1,"#(v) <span ljsid-1=\"\"></span><span ljsid-3=\"\">“</span>Location” means a physical location at which an instance of the Software is provided in conjunction with the Subscription Services for access and use by Agents;":1,"#(m) <span ljsid-1=\"\"></span><span ljsid-3=\"\">“</span>Effective Date” means the date of execution of the earliest applicable Quote between Subscriber and iQmetrix;":1,"#(a) procure, at iQmetrix’s expense, the right for Subscriber to use the Software and all parts thereof;":1,"#<span ljsid-0=\"\">12</span>.<span ljsid-2=\"\">5</span> NO REPRESENTATION OR WARRANTY, EXPRESS OR IMPLIED, IS MADE OR GIVEN UNDER THIS AGREEMENT AS TO THE ACCURACY, COMPLETENESS OR CURRENT NATURE OF ANY OF THE CONFIDENTIAL INFORMATION DISCLOSED UNDER THIS AGREEMENT, OR ITS USEFULNESS OR FITNESS FOR PURPOSES OF THE SUBSCRIPTION SERVICES, OR USE WITH, OR IN RELATION TO THE SUBSCRIPTION SERVICES.":1,"#<span ljsid-0=\"\">11</span>.<span ljsid-2=\"\">5</span> Subscriber hereby grants iQmetrix a royalty-free, worldwide, transferable, sub-licensable (through multiple tiers of distribution), irrevocable and perpetual license to incorporate into the Subscription Services or the Software or otherwise use any suggestions, enhancement requests, recommendations or other feedback iQmetrix receives from Subscriber without any further permissions of or notifications to Subscriber.":1,"#<span ljsid-0=\"\">6</span>.<span ljsid-2=\"\">2</span> iQmetrix will comply with privacy and data protection laws applicable to the storing and transmitting of personally identifiable information received from or in relation to Subscriber subject to the Subscriber’s compliance with its obligations in this Section <span ljsid-4=\"\">6</span>.<span ljsid-6=\"\">2</span>. If requested by Subscriber and at Subscriber’s cost, iQmetrix will assist Subscriber to comply with Subscriber’s privacy and data compliance requirements with respect to Subscriber data and information that has been entered into or stored in the Software or Subscription Services. Subscriber is solely responsible to ensure that information is collected from End-Users, entered in the Software or Subscription Services as such were designed and intended, and accessed and used by all Agents and End-Users in accordance with this Agreement, any Dealer Agreement, and all applicable law. For the avoidance of doubt, iQmetrix prohibits the entering of personally identifying information or financial information of individuals into custom or free-form fields in the Software or Subscription Services and may delete any such information so entered without any notice to Subscriber. Such information may only be entered into specified data fields. Subscriber is solely responsible for any such information improperly entered and stored in the Software or Subscription Services by Subscriber, any Subscriber Affiliate, any Authorized Representative, or any Agent or End-User.":1,"#(w) <span ljsid-1=\"\"></span><span ljsid-3=\"\">“</span>Losses” means losses, expenses, claims, damages, actions, lawsuits, judgments, costs and expenses, including without limitation, reasonable lawyer’s fees, costs of investigation and defence;":1,"#(s) <span ljsid-1=\"\"></span><span ljsid-3=\"\">“</span>Internal Use” means the use of the Software in connection with Subscription Services for the internal business purposes of Subscriber, which includes interacting with End-Users, but expressly excludes the use of any Software or Services as a service bureau (i.e. receiving fees with respect to services provided to third parties);":1,"#(i) <span ljsid-1=\"\"></span><span ljsid-3=\"\">“</span>Customer Support Contact” has the meaning given in Section <span ljsid-5=\"\">8</span>.<span ljsid-7=\"\">4</span>;":1,"#(g) <span ljsid-1=\"\"></span><span ljsid-3=\"\">“</span>Credit Card and Debit Card Services” has the meaning given in Section <span ljsid-5=\"\">7</span>.<span ljsid-7=\"\">1</span>;":1,"#(d) <span ljsid-1=\"\"></span><span ljsid-3=\"\">“</span>Authorized Representatives” means third party business entities, such as resellers, authorized by Subscriber to access and use the Services;":1,"#(c) <span ljsid-1=\"\"></span><span ljsid-3=\"\">“</span>Agent” means any individual authorized by Subscriber to use the Services as an agent and/or administrator including, for clarification, agents and administrators of Subscriber Affiliates and Authorized Representatives;":1,"#(c) Such liquidated damages are intended to represent estimated actual damages and are not intended as a penalty, and Subscriber will pay them to iQmetrix without limiting iQmetrix’s right to terminate this Agreement for default as provided elsewhere herein.":1,"#(b) Subject to receiving Fees in accordance with Section <span ljsid-1=\"\">16</span>.<span ljsid-3=\"\">4</span>(a), iQmetrix will continue providing the Subscription Services for the applicable Subscription through the last day of the Initial Term or the then current Renewal Term.":1,"#(c) that are modified after shipment other than by any party other than iQmetrix or its contractors or agents, if the alleged infringement relates to such modification; or":1,"#(d) LOST PROFITS;":1,"#<span ljsid-0=\"\">13</span>.<span ljsid-2=\"\">5</span> Subscriber represents and warrants that it has all requisite corporate power, authority, and capacity to enter into, execute, deliver and perform its obligations under this Agreement, and in doing so, Subscriber will not violate any obligations Subscriber has to any third party.":1,"#<span ljsid-0=\"\">12</span>. CONFIDENTIALITY AND NON-DISCLOSURE":1,"#(c) iQmetrix will provide the Subscriber with access to any help files and any library of step-by-step training videos that cover how-to scenarios for different modules and processes included in the Software. In addition, Subscriber will have access to any online iQmetrix support materials; and":1,"#<span ljsid-0=\"\">3</span>.<span ljsid-2=\"\">8</span> All Fees set forth in the Quotes are based on the types of products and services selected by Subscriber as of the effective date of the Quotes, or as iQmetrix may otherwise agree to provide to Subscriber from time to time. Certain Fees are based on the applicable Pricing Tiers which may vary the Fees. Fees based on Pricing Tiers will be metered at the end of each calendar month of the Initial Term or any Renewal Term by iQmetrix (“Metered Usage”) and Subscriber’s subsequent invoice will include any required adjustments to Fees previously invoiced in advance.":1,"#<span ljsid-0=\"\">3</span>.<span ljsid-2=\"\">1</span> Unless otherwise specified in a Quote or Product Terms, iQmetrix will invoice Subscriber monthly in advance for amounts owed under this Agreement, and Subscriber will pay all invoices within <span ljsid-4=\"\">30</span> days of receipt.":1,"#vi. Non-EMV Support Agreement":1,"#iv. Gateway":1,"#<span ljsid-0=\"\">18</span>.<span ljsid-2=\"\">17</span> The International Sale of Goods Act of British Columbia, any similar legislation applicable to iQmetrix in any jurisdiction, and the United Nations Convention on Contracts for the International Sale of Goods will not apply in any way to this Agreement or to the transactions contemplated by this Agreement or otherwise to create any rights or to impose any duties or obligations on either Party to this Agreement. Any rights which have arisen or which might in the future arise under the International Sale of Goods Act, similar applicable legislation or under the United Nations Convention on Contracts for the International Sale of Goods are waived and released by the Parties.":1,"#<span ljsid-0=\"\">18</span>.<span ljsid-2=\"\">14</span> If the Quote has been entered into by iQmetrix Software Development Corp., then this Agreement will be governed by and construed in accordance with the laws of the Province of British Columbia and the laws of Canada applicable therein, without reference to conflicts of laws provisions, and will in all respects be treated as a British Columbia contract. If this Section <span ljsid-4=\"\">18</span>.<span ljsid-6=\"\">14</span> applies, the Parties hereby irrevocably submit to the jurisdiction of the federal and provincial courts located in Vancouver, British Columbia, to the extent that a court of competent jurisdiction determines in a binding, final court order that default Section <span ljsid-8=\"\">18</span>.<span ljsid-10=\"\">15</span> does not apply.":1,"#<span ljsid-0=\"\">17</span>.<span ljsid-2=\"\">4</span> All words and personal pronouns relating thereto will be read and construed as the number and gender of the party or parties referred to in each case required and the verb will be construed as agreeing with the required word and pronoun. A general statement, term or matter when followed by the word <span ljsid-4=\"\"></span><span ljsid-6=\"\">“</span>including”, will not be construed as limited to the specific items or matters set forth immediately following such word or to similar items or matters, whether or not language such as <span ljsid-8=\"\"></span><span ljsid-10=\"\">“</span>without limitation” or <span ljsid-12=\"\"></span><span ljsid-14=\"\">“</span>but not limited to” is used with reference thereto.":1,"#(uu) <span ljsid-1=\"\"></span><span ljsid-3=\"\">“</span>Third Party Terms and Conditions” means any specific third-party terms and conditions, either with respect to an Integrated Solution or other portion of the Software or aspect of the Services, that iQmetrix is bound to flow through to Subscriber;":1,"#(ss) <span ljsid-1=\"\"></span><span ljsid-3=\"\">“</span>Support Services” has the meaning given in Section <span ljsid-5=\"\">8</span>.<span ljsid-7=\"\">1</span>;":1,"#(qq) <span ljsid-1=\"\"></span><span ljsid-3=\"\">“</span>Subscription(s)” has the meaning given in Section <span ljsid-5=\"\">1</span>.<span ljsid-7=\"\">1</span>;":1,"#(nn) <span ljsid-1=\"\"></span><span ljsid-3=\"\">“</span>Subscriber Applications” means web or other software services or applications developed or licensed by Subscriber that utilize or interact with the Software;":1,"#(a) <span ljsid-1=\"\"></span><span ljsid-3=\"\">“</span>Account Data” means data or information stored, transmitted or processed through the Services by or on behalf of a Subscriber, Subscriber Affiliate, Authorized Representative, Agent or End-User;":1,"#<span ljsid-0=\"\">16</span>.<span ljsid-2=\"\">4</span> In the event of termination in accordance with Section <span ljsid-4=\"\">16</span>.<span ljsid-6=\"\">1</span>, Section <span ljsid-8=\"\">16</span>.<span ljsid-10=\"\">3</span>:":1,"#<span ljsid-0=\"\">16</span>.<span ljsid-2=\"\">2</span> If either Party violates its material obligations under this Agreement, the other Party may send a notice of non-compliance (a <span ljsid-4=\"\"></span><span ljsid-6=\"\">“</span>Notice of Non-Compliance”) to the non-complying Party. Upon receiving a Notice of Non-Compliance, the non-complying Party will have sixty (<span ljsid-8=\"\">60</span>) days from the date of receipt of the Notice of Non-Compliance to cure any such non-compliance. If such non-compliance is not cured within the required sixty (<span ljsid-10=\"\">60</span>) day period, the Party providing the Notice of Non-Compliance will have the right to terminate this Agreement as of the <span ljsid-12=\"\">61</span><sup ljsid-13=\"\">st</sup> day after the date of receipt of the Notice of Non-Compliance. This Section <span ljsid-15=\"\">16</span>.<span ljsid-17=\"\">2</span> in its entirety is subject to Section <span ljsid-19=\"\">3</span>.<span ljsid-21=\"\">5</span>.":1},"version":4012}]