Software is defined as the Intuit computer program with which this Software License Agreement is included and any updates or maintenance releases thereto. This Agreement applies to the: (i) trial; (ii) single-user; (iii) multi-user; and (iv) Original Equipment Manufacturer ("OEM") or Special Editions ("SE") versions of the Software. Do not use the Software until you have carefully read the following Agreement. This Agreement sets forth the terms and conditions for licensing of the Software from Intuit Limited to you, and installing the Software indicates that you have read and understand this Agreement and accept its terms and conditions. If you purchased the Software from a retail store or directly from Intuit, and do not agree with this Agreement, promptly return the Software and accompanying items to the place of purchase within ten (10) days of purchase with a dated receipt for a full refund. If the Software was pre-installed on your computer or disks came packaged with your computer at no extra charge, and if you do not agree with this Agreement, do not use the Software.
License and Certain Restrictions
Trial Versions
If this Agreement is included with the single-user or multi-user trial versions of the Software, you are granted a limited non-exclusive license to use a copy of the enclosed Software for the specified number of uses: (i) if using the single-user trial version, on a computer used by a single individual, or; (ii) if using the multi-user trial version, on up to five (5) computers used by five (5) individuals. Thereafter, you may purchase the right to use a full version of either the single-user or multi-user versions of the Software which license terms are specified below, by contacting Intuit or your retailer. You may not copy the printed materials accompanying the Software if any, or print multiple copies of any user documentation.
Single-User Version
If you purchased a full, single-user version of the Software, you are granted a limited non-exclusive license to use a copy of the enclosed Software on the computer(s) used by a single individual. You may make one (1) backup copy of the Software for your own use. You may not copy the printed materials accompanying the Software if any, or print multiple copies of any user documentation.
Multi-User Version
If you purchased the multi-user version of the Software, you are granted a limited non-exclusive license to: (i) use copies of the enclosed Software on up to five (5) computers used by up to five (5) individuals; (ii) place a copy of your company's Software data file on a network; and (iii) make up to four (4) additional copies of the printed materials accompanying the Software if any, and/ or print up to five (5) copies of any online user documentation located in the Software, PROVIDED HOWEVER, that you have purchased Software licenses for each computer or individual who will have access to the Software or the Software data file.
General
You may use the Timer program included with the Software on all computers used in your business. Making additional copies of the Software or enabling others to use your registration code(s) or serial number(s), if any, is strictly prohibited. It is also prohibited to give copies to a person who has not purchased a license for the Software from Intuit; to install the Software on computers used by individuals who have not purchased licenses for the Software from Intuit; or to duplicate the Software by any other means including electronic transmission. The Software in its entirety is protected by copyright laws. The Software also contains Intuit trade secrets, and you may not decompile, reverse engineer, disassemble, or otherwise reduce the Software to human-perceivable form (except as permitted by applicable law and on prior written notice to Intuit) or disable any functionality which limits the use of the Software. You may not modify, adapt, translate, rent, sublicense, assign, loan, resell for profit, or distribute the Software, disk(s), or related materials or create derivative works based upon the Software or any part thereof. You may not network the Software, unless you have purchased a license for the multi-user version as referenced above.
Satisfaction Guaranteed
If you are not 100% satisfied with this Software, Intuit's entire liability and your exclusive remedy shall be either: (a) if you purchased the Software through a retail store or directly from Intuit, (1) return of the Software within ninety (90) days to the store where purchased with a dated receipt for a full refund (If the store is unable to issue a refund, call Intuit at 0800 585 058; or (2) replacement by Intuit within ninety (90) days, with a dated receipt. If the disks are defective and you would like replacement disks after ninety (90) days, you may obtain a replacement by sending your defective disks to Intuit.; (b) if the Software was pre-installed on your computer when you bought it, or if disks came packaged with your computer at no extra charge, and the Software is defective or was installed improperly, you may obtain replacement disks from the company that manufactured your computer, at its option, by sending your request stating the nature of the problem, plus a copy of your dated receipt for the computer on which the Software was installed, to the manufacturer of the computer; (c) if you obtained the Software by downloading it on your computer, and the Software did not install properly, contact your service provider.
DISCLAIMER OF WARRANTIES
EXCEPT AS PROVIDED ABOVE, THIS SOFTWARE AND ANY RELATED SERVICES ARE PROVIDED "AS-IS," AND TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, INTUIT DISCLAIMS ALL OTHER REPRESENTATION,WARRANTIES, CONDITIONS OR OTHER TERMS, EXPRESS OR IMPLIED BY STATUTE, COLLATERALLY OR OTHERWISE, REGARDING THIS SOFTWARE, DISKS, RELATED MATERIALS AND ANY SERVICES, INCLUDING THEIR FITNESS FOR A PARTICULAR PURPOSE, THEIR SATIFACTORY QUALITY, THEIR MERCHANTABILITY, OR THEIR NONINFRINGEMENT. INTUIT DOES NOT WARRANT THAT THE SOFTWARE IS FREE FROM BUGS, VIRUSES, ERRORS, OR OTHER PROGRAM LIMITATIONS NOR DOES INTUIT WARRANT ACCESS TO THE INTERNET OR ANY OTHER SERVICE THROUGH THE SOFTWARE..
LIMITATION OF LIABILITY AND DAMAGES
THE ENTIRE LIABILITY OF INTUIT AND ITS REPRESENTATIVES (AS DEFINED BELOW) FOR ANY REASON SHALL BE LIMITED TO THE AMOUNT PAID BY THE CUSTOMER FOR THE SOFTWARE AND RELATED SERVICES PURCHASED FROM INTUIT OR ITS AUTHORIZED RESELLER. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, INTUIT AND ITS SUBSIDIARIES, AFFILIATES, LICENSORS, PARTICIPATING FINANCIAL INSTITUTIONS, THIRD-PARTY CONTENT OR SERVICE PROVIDERS, DISTRIBUTORS, DEALERS OR SUPPLIERS ("REPRESENTATIVES") ARE NOT LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO: DAMAGES FOR LOSS OF BUSINESS, BUSINESS INTERUPTION, LOSS OF PROFITS OR INVESTMENT, OR THE LIKE), WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE, EVEN IF INTUIT OR ITS REPRESENTATIVES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGESTHE LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN INTUIT AND YOU. INTUIT WOULD NOT BE ABLE TO HAVE PROVIDED THIS SOFTWARE OR SERVICES WITHOUT SUCH LIMITATIONS.
THE ABOVE DOES NOT AFFECT THE STATUTORY RIGHTS OF A CUSTOMER ACQUIRING THE SOFTWARE OTHERWISE IN THE COURSE OF A BUSINESS
U.S. Government
The Software is a "commercial item," as that term is defined at 48 C.F.R. 2.101 (OCT 1995), consisting of "commercial computer software" and "commercial computer software documentation," as such terms are used in 48 C.F.R. 12.212 (SEPT 1995) and the Department of Defense Federal Acquisition Regulations Sections 252.227-7014 (a) (1), (5). Consistent with 48 C.F.R. 12.212 and 48 C.F.R. 227-7202-1 through 227-7202-4 (JUNE 1995), all U.S. Government End Users acquire the Quicken software (or Licensed Product) with only those rights set forth herein. Intuit Inc., P.O. Box 7850, Mountain View, CA 94039-7850.
Export Restrictions
You acknowledge and agree that the Software is subject to restrictions and controls imposed by the laws applicable in the United Kingdom and by the United States Export Administration Act and the Export Administration Regulations ("the Acts"). You agree and certify that neither the Software nor any direct product thereof will be used for any purpose prohibited by the Acts.
General Provisions
This Agreement sets forth Intuit's and its Representatives' entire liability and your exclusive remedy with respect to the Software. You acknowledge that this Agreement is a complete statement of the agreement between you and Intuit, and that there are no other prior or contemporaneous understandings, promises, representations, or descriptions regarding the Software or any related services. This Agreement does not limit any rights that Intuit may have under trade secret, copyright, patent, or other laws. The Representatives of Intuit are not authorised to make modifications to this Agreement, or to make any additional representations, commitments, or warranties binding on Intuit, other than in writing signed by an officer of Intuit. Accordingly, such additional statements are not binding on Intuit and you should not rely upon such statements. If any provision of this Agreement is invalid or unenforceable under applicable law, then it is, to that extent, deemed omitted and the remaining provisions will continue in full force and effect. This Agreement is governed by English Law and is subject to the jurisdiction of the English Courts
Additional terms for QuickBooks Payroll
If you use QuickBooks Payroll, ("Payroll"), the following terms and conditions apply in addition to those above:
When you: (i) use, receive or purchase Payroll and/or the registration key code; or (ii) subscribe to Payroll and pay the appropriate subscription fee, Intuit grants you a non-exclusive licence to use Payroll and Documentation ("Licence"). You may not use Payroll or the Documentation except with the QuickBooks product. You may only use or install updates of Payroll on the computer(s) used by individual(s) for whom you have purchased Software Agreement(s) and Subscriptions. The Subscription will be automatically renewed annually unless you give two months written notice to Intuit in advance of your renewal date. This License may be terminated by Intuit immediately and without notice if you fail to comply with any term or condition of this Agreement. From time to time Intuit may change the subscription fee. In this event you will receive notice of such change. Payroll may not be compatible with all future versions of the Software. Payroll is valid for the current year. Payroll will meet Intuit`s Year 2000 compliance standard. Each year under payroll subscription you will receive tax table updates which will come with Year 2000 updates if needed.
YOU ASSUME FULL RESPONSIBILITY FOR THE INFORMATION PROVIDED OR CALCULATED BY PAYROLL AND SOFTWARE TO ACHIEVE YOUR INTENDED PURPOSES, FOR THE PROPER INSTALLATION AND USE OF PAYROLL AND FOR VERIFYING THE RESULTS OBTAINED FROM USE OF PAYROLL, INTUIT DISCLAIMS ANY WARRANTY, CONDITION OR OTHER TERM, EXPRESS OR IMPLIED, BY STATUTE, COLATERALLY OR OTHERWISE THAT THE FUNCTIONS CONTAINED IN THE SOFTWARE AND PAYROLL WILL MEET YOUR REQUIREMENTS OR THAT THE OPERATION OF THE SOFTWARE AND PAYROLL WILL BE INTERRUPTION OR ERROR FREE.
Your use of Payroll acknowledges that you have read this Agreement and agree to its terms. You further agree that this Agreement and any additional written terms of your subscription for Payroll (which are incorporated by this reference) are the complete and exclusive statement between you and Intuit relating to the subject matter of this Agreement.
Payroll is designed to provide information with the understanding that Intuit is not engaged in rendering legal, accounting or other professional service. If legal advice or other expert assistance is required, the service of a competent professional person should be sought. It is your responsibility to keep abreast of tax table changes that affect you and to ensure that you follow these changes by law.
Copyright (c) 1998 Intuit Inc. All rights reserved.
