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Intuit Quickbooks 2004 End User License AgreementIntuit Quickbooks 2004 End User 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. The use by you of any services or content accessible through the Software may be subject to your acceptance of separate agreements with Intuit or third parties. This Agreement applies to the: (i) trial; (ii) single-user license; (iii) multi-user license; and (iv) Original Equipment Manufacturer ("OEM") or Special Editions ("SE") versions of the Software and other branded or customized versions unless otherwise agreed. 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 and using 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 or other Intuit-authorized distribution channel, and do not agree with this Agreement, promptly return the Software and accompanying items to the place of purchase, or as provided below, within sixty (60) 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, delete or do not use the Software.
You may use the Timer program included with the Software on all computers used in your business. Making additional copies of the Software, apart from the Timer program, or enabling others to use your registration code(s), key 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 the appropriate license for the Software from Intuit; to disclose interfaces to the Software, to install the Software on computers used by individuals who have not purchased the appropriate licenses for the Software from Intuit; or to duplicate or distribute 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 or sublicense (including offering the Software to third parties on an applications service provider or time-sharing basis), assign, loan, resell, or distribute the Software, disk(s), or related materials or create derivative works based upon the Software or any part thereof. If your company is, or substantially all of its assets are, acquired by or merged into another company or sole proprietorship, please contact Intuit regarding transferring your license to the new company. You may not network the Software, except that you may network your company data file as outlined above and except to the extent you have purchased license(s) for the multi-user license version as referenced above. You may not copy or modify the Software in whole or part, or use trade secret information contained in the Software, to develop software to interface with the Software, except as permitted in license(s) you may have secured to the QuickBooks Software Development Kit.
This Agreement may be terminated by Intuit immediately and without notice if you fail to comply with any term or condition of this Agreement. Upon such termination, you must immediately destroy all complete and partial copies of the Software, including all backup copies. This Software is subject to a QuickBooks sunset or discontinuation policy ("Sunset Policy") and Intuit reserves the right to discontinue all support for the Software, and/or for any features, services or content accessible through the Software in accordance with such Sunset Policy. From time to time, Intuit may change the terms and conditions of this Agreement or the Sunset Policy. Intuit will notify you of any such change. For the latest version of this Agreement or the Sunset Policy, go to www.quickbooks.com, or such other site designated by Intuit. Your continued use of the Software will indicate your agreement to the change.
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 reseller or directly from Intuit or other Intuit-authorized distribution channel, delete the Software from your computer(s) and (1) return the Software within sixty (60) days of purchase to the reseller where purchased with a dated receipt for a full refund. (If the reseller is unable to issue a refund, then you must return the Software with a dated receipt within sixty (60) days of purchase to Intuit Returns, 6060 Nancy Ridge Drive, Suite 100, San Diego, CA 92121-3290 for such refund); or (2) return the Software within sixty (60) days of purchase, with a dated receipt to Intuit Returns at the above address for replacement in the case of a defective disk. If the disk is defective and you would like a replacement disk while this version is still commercially available after sixty (60) days from date of purchase, you may obtain a replacement by sending your defective disk and a check for the applicable amount published by Intuit (currently twenty dollars ($20) per replacement), plus applicable taxes, to Intuit at the address listed below (For all orders shipped within the U.S., please add all applicable shipping and handling charges, state and local sales tax as well as tax on shipping and handling based on your shipping address); or
(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; or
(c) if you purchased the Software by downloading it to your computer from Intuit or an Intuit-authorized site, and the Software did not install properly, contact Intuit or the Intuit- authorized site for a replacement copy.
EXCEPT AS PROVIDED ABOVE, THIS SOFTWARE AND ANY RELATED SERVICES OR CONTENT ACCESSIBLE THROUGH THE SOFTWARE ARE PROVIDED "AS-IS," AND TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, INTUIT DISCLAIMS ALL OTHER REPRESENTATIONS AND WARRANTIES, EXPRESS OR IMPLIED, REGARDING THIS SOFTWARE, DISKS, RELATED MATERIALS AND ANY SUCH SERVICES OR CONTENT, INCLUDING THEIR FITNESS FOR A PARTICULAR PURPOSE, SECURITY, THEIR MERCHANTABILITY, OR THEIR NONINFRINGEMENT. INTUIT DOES NOT WARRANT THAT THE SOFTWARE OR ANY RELATED SERVICES OR CONTENT IS FREE FROM BUGS, VIRUSES, ERRORS, OR OTHER PROGRAM LIMITATIONS NOR DOES INTUIT WARRANT ACCESS TO THE INTERNET OR TO ANY OTHER SERVICE OR CONTENT THROUGH THE SOFTWARE OR CONTINUED ACCESS TO THE TRIAL VERSION OF THE SOFTWARE OR TO THE DATA ENTERED INTO THE TRIAL VERSION OF THE SOFTWARE AFTER THE SPECIFIED NUMBER OF ALLOWED USES. 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 SIXTY (60) 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.
THIS PRODUCT AND ANY RELATED SERVICES OR CONTENT ARE DESIGNED TO OPERATE AND PROVIDE INFORMATION WITH THE UNDERSTANDING THAT INTUIT AND ITS REPRESENTATIVES (AS DEFINED BELOW) ARE 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 SHOULD BE SOUGHT. INTUIT EXPRESSLY DISCLAIMS ANY REPRESENTATIONS OR WARRANTIES THAT YOUR USE OF THE SOFTWARE WILL SATISFY ANY STATUTORY OR REGULATORY OBLIGATIONS, OR WILL ASSIST WITH, GUARANTEE OR OTHERWISE ENSURE COMPLIANCE WITH ANY APPLICABLE LAWS OR REGULATIONS, INCLUDING BUT NOT LIMITED TO THE HEALTH INSURANCE PORTABILITY AND ACCOUNTABILITY ACT OF 1996 ("HIPAA"), THE GRAMM-LEACH-BLILEY ACT OF 1999, THE SARBANES-OXLEY ACT OF 2002, OR OTHER FEDERAL OR STATE STATUTES OR REGULATIONS. YOU ARE SOLELY RESPONSIBLE FOR ENSURING THAT YOUR USE OF THIS SOFTWARE, RELATED SERVICES OR CONTENT IS IN ACCORDANCE WITH APPLICABLE LAW. IT IS YOUR RESPONSIBILITY TO KEEP ABREAST OF CHANGES IN LAWS, REGULATIONS AND ACCOUNTING PRACTICES THAT AFFECT YOU AND YOUR BUSINESS.
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 UP TO THREE (3) MONTHS OF ANY INTUIT PAYROLL SERVICE UNLESS OTHERWISE SEPARATELY AGREED. 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 REPRESENTATIVES 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.
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). 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 Software with only those rights set forth herein. Intuit Inc., 6220 Greenwich Drive, San Diego, CA 92122.
You acknowledge and agree that the Software is subject to restrictions and controls imposed by the Export Administration Act of 1979, as amended, and the Export Administration Regulations thereunder ("the Acts"). You agree and certify that neither the Software nor any direct product thereof is being or will be used for any purpose prohibited by the Acts. You further agree and certify that neither the Software nor any direct product thereof will be exported to [i] the following countries which are currently subject to U.S. trade embargoes: Cuba, Iran, Libya, North Korea, Sudan and Syria or [ii] persons or entities on the U.S. "Denied Persons List," "Specially Designated Nationals List," and "Entities List."
This Agreement shall govern any services or content related to the Software, unless such services or content are subject to a separate written agreement between you and Intuit or its Representatives. However, the limitations of liability and disclaimer of warranties in this Agreement shall apply to Intuit and its Representatives with respect to such content or services except to the extent provided otherwise in a separate written agreement approved by Intuit between you and Intuit or the applicable Representative(s).
This Agreement does not limit any rights that Intuit may have under trade secret, copyright, patent, trademark or other laws. The Representatives of Intuit are not authorized 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. The validity and performance of this Agreement shall be governed by California law (without reference to choice of law principles), except as to copyright patent 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 Do-It-Yourself Payroll Service (formerly named QuickBooks Basic Payroll) Subscription
You must have registered the Software, have Internet access and subscribe to QuickBooks Do-It-Yourself Payroll Service (the "Service") before the Software can calculate your federal and state payroll taxes. You may subscribe to the Service through the Software by clicking on the appropriate Employee menu item from within the Software. The Service will begin after we receive and process all the information we request, including your credit card or bank account information. You must have a valid credit card or a valid debit card with a Visa or MasterCard logo ("Card") or sufficient funds in a U.S. checking or savings account to cover an electronic debit of the subscription fee to obtain the Service, except as described below. The information you provide must be accurate and complete. When you subscribe and provide payment information, your Card or bank account will be debited and will be automatically re-debited at the beginning of each subsequent one-year term of the Service at the then current subscription rate to maintain the Service unless you notify us to cancel the Service prior to the beginning of the new one-year term.
You must purchase a separate subscription for the Service for each registered copy of the Software. For the purposes of Service subscriptions, a QuickBooks Pro or QuickBooks Premier 5-pack is considered a single registered copy of the Software. If you are using a QuickBooks Pro or QuickBooks Premier 5-pack, you will need only one subscription to the Service.
You will need a separate Service subscription for each company with Direct Deposit. We strongly recommend you connect to the Service to validate your subscription and receive the most current payroll tax updates at least once every forty-five (45) days. Failure to update within 45 days may result in inaccurate withholding from payroll and you hereby assume any and all liability resulting from any inaccurate withholding resulting from a failure to update. Also, as a safety measure, and due to the annual changes in payroll tax rates, if you are not a subscriber to the Service on February 15 of each year you will be unable to continue to process payroll using tax tables from the prior year. In the event this occurs, connect with the Service, bring your subscription account current if necessary, get the latest payroll updates, and you will again be able to process payroll. After you have successfully downloaded or received your first tax table update from the Service, no fees that you have agreed to pay will be refunded for any reason.
You will receive a one-time free update of the tax tables used to calculate payroll taxes. If you do not begin a subscription to the Service after receiving this update, you can continue to use the last payroll update you downloaded to the Software, but you bear all risk for any inaccuracies or penalties resulting from the use of outdated tax information. Also, as a safety measure, and due to the annual changes in payroll tax rates, if you are not a subscriber to the Service as of February 15th of the following year, you will be unable to continue to process payroll. In the event this occurs, connect with the Service, subscribe to the Service, get the latest payroll updates, and you will again be able to process payroll.
If and when you: (i) download the one-time free update of the tax tables; or (ii) subscribe to the Service and pay the appropriate subscription fee annually, Intuit grants you a limited non-exclusive license to use the tax tables, selected payroll tax forms, when available, and documentation ("Payroll Updates") within the United States. You may not use the Payroll Updates except with the Software. You may only use or install updates to the Service on the computer(s) used by individual(s) for whom you have purchased a license to the Software. This subscription to the Service may be terminated by Intuit immediately and without notice if you fail to comply with any term or condition of this Agreement or if Intuit is unable to debit your Card in accordance with this Agreement. From time to time Intuit may change the terms or conditions of this Service, method of delivering or accessing the Service and/or the subscription fee. In this event you will receive notice of such change, typically via email or on www.quickbooks.com. For the latest version of the terms or conditions of this Service, go to www.payroll.com <http://www.payroll.com>;, or such other site designated by Intuit. The Service does not include access to the Internet for connecting to the Service, nor does it include furnishing advice of deductions. The Service does not include information regarding selected local and state taxes. The Service operates only with a compatible version of the Software; so from time to time you may need to install updates or upgrades (or allow Intuit to install them electronically) or purchase an upgrade version of the Software to continue using the Service. All users in a multi-user environment must be using licensed copies of the same version year of the Software.
The use by You of the Service, including but not limited to, the E-file & Pay for Federal and State feature for the Service (when available) may be subject to your acceptance of separate agreements in addition to the terms of this Agreement.
YOU ASSUME FULL RESPONSIBILITY FOR THE USE OF THE SERVICE TO ACHIEVE YOUR INTENDED PURPOSES, FOR THE PROPER INSTALLATION AND USE OF THE SERVICE AND FOR VERIFYING THE RESULTS OBTAINED FROM USE OF THE SERVICE. INTUIT AND ITS SUPPLIERS DISCLAIM ANY WARRANTY THAT THE FUNCTIONS CONTAINED IN THE SERVICE WILL MEET YOUR REQUIREMENTS OR THAT THE OPERATION OF THE SERVICE WILL BE UNINTERRUPTED OR ERROR FREE.
Your use of the Service indicates that you have read this Agreement and agree to its terms.
QuickBooks Assisted Payroll Service (formerly named QuickBooks Deluxe Payroll Service and/or Direct Deposit Option
You must have registered the Software, have Internet access and subscribe to QuickBooks Assisted Payroll service before the Software can calculate your federal and state payroll taxes. Application forms and information to subscribe to either QuickBooks Assisted Payroll service (which makes your federal and state payroll tax deposits, files your federal and state payroll tax forms, prepares and prints W-2 forms and includes tax table updates) or the Direct Deposit option are provided through the Software. You may sign up to use the Direct Deposit option only if you are an active subscriber to the Service or QuickBooks Assisted Payroll service.
QuickBooks Employee Organizer
You must have registered the Software, have Internet access and separately completed purchase of the QuickBooks Employee Organizer ("Employee Organizer") before the Software is enabled for your use of the Employee Organizer. You may subscribe to the Employee Organizer through the Software by clicking on the appropriate Employee menu item from within the Software. The Employee Organizer will be enabled after we receive and process all the information we request, including your credit card or bank account information (if Intuit accepts this form of payment for the Employee Organizer). You must have a valid Card or sufficient funds in a U.S. checking or savings account (if Intuit accepts this form of payment for the Employee Organizer) to cover an electronic debit of the fee to purchase the Employee Organizer, except as described below. The information you provide must be accurate and complete. Your initial purchase of the Employee Organizer includes a one-year subscription to the Employee Organizer Employment Regulations Update Service including the "Ask An Employment Question" e-mail inquiry service provided through CCH Incorporated ("Regulations Guide"). When you purchase the Employee Organizer and provide payment information, your Card or bank account (if Intuit accepts this form of payment for the Employee Organizer and/or the Regulations Guide) will be debited and will be automatically re-debited at the beginning of each subsequent one-year term subscription to the Regulations Guide at the then current subscription rate to maintain the Regulations Guide unless you notify us to cancel the Regulations Guide prior to the beginning of the new one-year term. If you cancel your subscription to the Regulations Guide you bear all risk for any inaccuracies, liability or penalties resulting from your use of any outdated information. If and when you purchase the Employee Organizer and pay the appropriate subscription fee annually, Intuit grants you a limited non-exclusive license to use Regulations Guide within the United States. You may not use the Regulations Guide except with the Software. You may only use or install updates to the Regulations Guide on the computer(s) used by individual(s) for whom you have purchased a license to the Software. Your subscription to the Regulations Guide may be terminated by Intuit immediately and without notice if you fail to comply with any term or condition of this Agreement or if Intuit is unable to debit your Card or your bank account (if Intuit accepts this form of payment for the Employee Organizer and/or the Regulations Guide) in accordance with this Agreement. If you do not renew your subscription to Employee Organizer, and/or Regulations Guide, or cancel your subscription or are terminated from service, you will still be able to use Employee Organizer to access the data you have entered with respect to your employees on your currently installed version of the Software. However, if you install any subsequent updates to the Software, Employee Organizer shall be disabled and the data you have entered with respect to your employees will be rendered inaccessible. From time to time Intuit may change the terms or conditions of this Agreement relating to the Employee Organizer, the Regulations Guide, the method of delivering or accessing the Regulations Guide, and the fees for the Employee Organizer and/or the Regulations Guide. In this event you will receive notice of such change, typically via email or on www.quickbooks.com <http://www.quickbooks.com>; or such other site designated by Intuit. The Regulations Guide does not include access to the Internet, nor does it include furnishing of legal advice. The Employee Organizer and the Regulations Guide operate only with a compatible version of the Software; so from time to time you may need to install updates or upgrades (or allow Intuit to install them electronically) or purchase an upgrade version of the Software to continue using the service. All users in a multi-user environment must be using licensed copies of the same version of the
Software. Your use of the Employee Organizer and/or the Regulations Guide indicates that you have read this Agreement and agree to its terms.
Intuit, the Intuit logo, QuickBooks , QuickBooks Pro, Quicken, TurboTax?Create, ProSeries?Create and Lacerte, among others, are registered trademarks and/or registered service marks of Intuit Inc. in the United States and other countries. Other parties' trademarks or service marks are the property of their respective owners and should be treated as such.
Copyright © 2003 Intuit Inc. All rights reserved.
Intuit Inc. P. O. Box 7850 Mountain View, CA 94039-7850
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