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Computer Buyer 1999 July
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DISK1
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_USER1.CAB
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USERSETUP_0009OSIND
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LICENSE.TXT
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1999-01-22
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Software License Agreement
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 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)
computer(s) 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 the 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 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 1-800-4-INTUIT); 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 and a check for fifteen dollars ($15.00), plus applicable tax, to Intuit.
For all orders shipped within the U.S., please add all applicable state and local sales
tax as well as tax on shipping and handling based on your shipping address; (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 and warranties, express or implied, regarding this Software, disks,
related materials and any services, including their fitness for a particular purpose,
their 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.
Some states do not allow the exclusion of implied warranties, so the above exclusions may
not apply to you. In that event, any implied warranties are limited in duration to ninety
(90) days from the date of purchase of the Software. However, some states do not allow
limitations on how long an implied warranty lasts, so the above limitation may not apply
to you. This warranty gives you specific legal rights, and you may have other rights as
well, which vary from state to state.
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, 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 Represen-
tatives have been advised of the possibility of such damages, and even if a remedy set
forth herein is found to have failed of its essential purpose. Some states do not allow
the limitation and/or exclusion of liability for incidental or consequential damages, so
the above limitation or exclusion may not apply to you.
The 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.
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 Export Administration Act and the Export Administration Regulations ("the Acts").
You agree and certify that neither the Software nor any direct product thereof is being or
will be acquired, shipped, transferred or exported, directly or indirectly outside the United
States or Canada or will be used for any purpose prohibited by the Acts; provided, however,
U.S. citizens and U.S. permanent resident aliens may travel to countries not prohibited by
the Acts with the Software when it is installed on their personal computer and not otherwise
used or transferred in violation of 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 authorized to make modifications to this Agreement, or to make any additional represen-
tations, 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. The validity and performance
of this Agreement shall be governed by California law (without reference to choice of law
principles), except as to copyright and trademark matters, which are covered by federal
laws. This Agreement is deemed entered into at Mountain View, California, and shall be
construed as to its fair meaning and not strictly for or against either party.
Additional terms for QuickBooks Tax Table Update Service
If you use the QuickBooks Tax Table feature or Service included with the Software, (the
"Service"), the following terms and conditions apply in addition to those above:
When you: (i) use the Service; or (ii) receive or purchase a one-time Service update; or
(iii) subscribe to the Service annually and pay the appropriate subscription fee, Intuit
grants you a non-exclusive license to use the Tax Tables and Documentation for the juris-
dictions for which you have subscribed within the United States ("License"). You may not
use the Tax Tables or the Documentation except with the QuickBooks product. You may only use
or install updates to the Service on the computer(s) used by individual(s) for whom you have
purchased Software Agreement(s) and Service License(s) and/or Service Update(s) or
Subscriptions. 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.
YOU ASSUME FULL RESPONSIBILITY FOR THE SELECTION OF THE TAX TABLES TO ACHIEVE YOUR INTENDED
PURPOSES, FOR THE PROPER INSTALLATION AND USE OF THE TAX TABLES AND FOR VERIFYING THE RESULTS
OBTAINED FROM USE OF THE TAX TABLES, INTUIT DISCLAIMS ANY WARRANTY THAT THE FUNCTIONS CONTAINED
IN THE TAX TABLES WILL MEET YOUR REQUIREMENTS OR THAT THE OPERATION OF THE TAX TABLES WILL BE
INTERRUPTION OR ERROR FREE.
Your use of the Service acknowledges that you have read this Agreement and agree to its terms.
You further agree that this Agreement is the complete and exclusive statement between you and
Intuit relating to the subject matter of this Agreement.
This Service 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 ⌐ 1998 Intuit Inc. All rights reserved.
Intuit Inc.
P. O. Box 7850
Mountain View, CA 94039-7850