Software License Agreement for Quicken Software and Services
Thank you for selecting Quicken software. This Software License Agreement (the "Agreement") is a contract between you ("you" or "Licensee") and Intuit that describes the terms and conditions applicable to your use of the Software (defined below) and associated services identified below. Before using the Software, you must read and accept the terms and conditions contained in this Agreement. If you do not accept this Agreement, you will not be able to use the Software. If you purchased this license for the Software or if you are evaluating the Trial Software (defined below) and do not agree with the terms and conditions of 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, or do not use the Trial Software. If the Intuit Software (defined below) was pre-installed on your computer, CD-ROM disk(s) ("Disk(s)") came packaged with your computer at no extra charge, or you received the Intuit Software free of charge, and you do not agree with this Agreement, do not use the Intuit Software.
The term "Software" is defined as the Intuit computer program with which this Software License Agreement is included and any updates or maintenance releases thereto. "Trial Software" is defined as a version of the Software that is limited to an evaluation for a specified period of time as determined by Intuit. "Not for Resale Software" is defined as Software that is not for resale and is labeled "Not for Resale" or "NFR." "Intuit Software" shall mean Software, Trial Software and/or Not for Resale Software. The use by you of any services or content accessible through the Intuit Software may be subject to your acceptance of separate agreements with Intuit or third parties.
License and Restrictions
A. License Grant for Software
Intuit grants you a limited non-exclusive license to install and use a copy of the enclosed Software on one (1) computer used by a single household. You may make one (1) backup copy of the Software for your own use. You may transfer your rights in the Software to a third party, or sell the computer on which the Software is installed to a third party (collectively "Subsequent Licensee"), provided you do not keep a copy of the Software for yourself and you or the Subsequent Licensee obtain a copy of a Transfer Agreement from Intuit, which will allow the Subsequent Licensee to assume your rights as a Licensee of the Software.
B. License Grant for Trial Software
Intuit grants you a limited non-exclusive license to install and use a copy of the enclosed Trial Software for the specified number of uses or amount of time in the materials accompanying the Trial Software on one (1) computer used by a single household. Thereafter, you may purchase the right to use the full version of the Software (if available) which license terms are specified herein, by contacting Intuit or your retailer. You may not copy the printed materials or user documentation accompanying the Trial Software if any. YOU UNDERSTAND AND AGREE THAT BY USING THE TRIAL SOFTWARE, AFTER THE SPECIFIED NUMBER OF USES OR AMOUNT OF TIME IN THE MATERIALS ACCOMPANYING THE TRIAL SOFTWARE, YOU MAY NOT BE ABLE TO CONTINUE TO ACCESS AND/OR USE THE TRIAL SOFTWARE OR ANY DATA YOU HAVE ENTERED INTO SUCH TRIAL SOFTWARE UNLESS YOU PURCHASE THE RIGHT TO USE THE FULL VERSION OF THE SOFTWARE (IF AVAILABLE).
C. License Grant for Not for Resale Software
Intuit grants you a limited non-exclusive license to install and use a copy of the enclosed Not for Resale Software on one (1) computer used by a single household. You may make one (1) backup copy of the Not for Resale Software for your own use. Notwithstanding any other provision of this Agreement, you may not resell, or otherwise transfer for value, the Not for Resale Software.
You are not licensed or permitted to do any of the following : (1) make additional copies of the Intuit Software except as provided above; (2) enable others to use your registration code(s) or serial numbers (if any); (3) give copies to another person who has not purchased a license for the Intuit Software from Intuit; (4) install the Intuit Software on computers used by individuals who have not purchased the appropriate licenses for the Software from Intuit; (5) duplicate the Intuit Software by any other means including electronic transmission; or (6) copy the printed materials or user documentation accompanying the Intuit Software, if any.
The Intuit Software in its entirety is protected by copyright laws. The Intuit Software also contains the trade secrets of Intuit and third parties, and you may not decompile, reverse engineer, disassemble, or otherwise reduce the Intuit Software to human-perceivable form or disclose such trade secrets, or disable any functionality which limits the use of the Intuit Software. You may not attempt to modify, adapt, translate, rent, sublicense, assign, loan, resell for profit, distribute, or network the Intuit Software, Disk(s), or related materials or create derivative works based upon the Intuit Software or any part thereof.
Termination. 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 Intuit Software, including all backup copies. Intuit shall have the right to change or add to the terms of this Agreement at any time, and to change, delete, discontinue or impose conditions on any feature or aspect of the Intuit Software (including but not limited to internet-based services, pricing, technical support options, and other product-related policies) without notice. Online services, such as downloading financial data from your participating bank, credit union, credit card, brokerage, mutual fund accounts, online bill pay, downloading stock/fund quotes and news may expire in accordance with Intuit's then effective product retirement/discontinuation policy available at http://quicken.com/support/help/go/GEN82218. For the latest version of this Agreement go to www.quicken.com or such other site designated by Intuit.
Satisfaction Guaranteed. If you are not 100% satisfied with the Software, Intuit's entire liability and your exclusive remedy shall be as follows: (1) If you purchased the Software through a retail store or directly from Intuit, uninstall and return the Software within sixty (60) days of purchase to the retail store where purchased with a dated receipt for a full refund. If the retail store is unable or unwilling to issue a refund, then return the Software with a dated receipt within sixty (60) days of purchase to Intuit Inc., Returns Department, P.O. Box 190004, Greenville, SC 29390-9004 or via UPS to Intuit Inc., Returns Department, 110 Hidden Lake Circle, Duncan, SC 29334 for your refund; or (2) If the Intuit 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 Intuit Software is defective or was installed improperly, you may be able to 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 Intuit Software was installed, to the manufacturer of such computer; or (3) If you obtained the Intuit Software by downloading it on your computer, and the Intuit Software did not install properly, contact the provider of the download site.
DISCLAIMER OF WARRANTIES. EXCEPT AS PROVIDED ABOVE, THE INTUIT SOFTWARE, DISK(S), RELATED MATERIALS, CONTENT AND/OR RELATED SERVICES ACCESSIBLE THROUGH THE INTUIT SOFTWARE, ARE PROVIDED "AS-IS," AND 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") DISCLAIMS ALL OTHER REPRESENTATIONS AND WARRANTIES, EXPRESS OR IMPLIED, REGARDING THE INTUIT SOFTWARE, DISK(S), RELATED MATERIALS, CONTENT AND ANY SERVICES, INCLUDING THEIR FITNESS FOR A PARTICULAR PURPOSE, SECURITY, QUALITY, MERCHANTABILITY, OR THEIR NONINFRINGEMENT. INTUIT DOES NOT WARRANT THAT THE INTUIT SOFTWARE OR ANY RELATED SERVICES OR CONTENT IS SECURE, OR IS FREE FROM BUGS, VIRUSES, ERRORS, OR OTHER PROGRAM LIMITATIONS, INCLUDING BUT NOT LIMITED TO ACCURATE OR UPDATED THIRD-PARTY CONTENT, NOR DOES INTUIT WARRANT ACCESS TO THE INTERNET OR TO ANY OTHER SERVICE OR CONTENT THROUGH THE INTUIT SOFTWARE, OR CONTINUED ACCESS TO THE TRIAL SOFTWARE OR TO THE DATA ENTERED INTO THE TRIAL SOFTWARE AFTER THE SPECIFIED NUMBER OF USES OR AMOUNT OF TIME IN THE MATERIALS ACCOMPANYING THE TRIAL SOFTWARE.YOU ACKNOWLEDGE AND AGREE THAT YOU MUST: (A) PROVIDE YOUR OWN ACCESS TO THE WORLD WIDE WEB AND PAY ANY SERVICE FEES ASSOCIATED WITH SUCH ACCESS, AND (B) PROVIDE ALL EQUIPMENT NECESSARY FOR YOU TO MAKE SUCH CONNECTION TO THE WORLD WIDE WEB, INCLUDING A COMPUTER AND A MODEM. 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 LICENSE FOR 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.
THE INTUIT SOFTWARE AND RELATED SERVICES OR CONTENT ARE DESIGNED TO OPERATE AND PROVIDE INFORMATION WITH THE UNDERSTANDING THAT INTUIT AND ITS REPRESENTATIVES 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 INTUIT 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 THE INTUIT 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.
LIMITATION OF LIABILITY AND DAMAGES. YOUR EXCLUSIVE REMEDY AND THE ENTIRE LIABILITY OF INTUIT FOR ANY REASON SHALL BE LIMITED TO THE AMOUNT PAID BY YOU FOR THE INTUIT SOFTWARE TO INTUIT OR ITS AUTHORIZED RESELLER. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, INTUIT AND ITS REPRESENTATIVES ARE NOT LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO: DAMAGES FOR LOSS OF BUSINESS, TELECOMMUNICATION FAILURES, LOSS, CORRUPTION OR THEFT OF DATA, 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. THIRD PARTY CONTENT PROVIDERS ARE NOT RESPONSIBLE TO YOU FOR ANY DAMAGES OR LOSSES ARISING FROM ANY USE OF THE CONTENT. INTUIT AND ITS REPRESENTATIVES' TOTAL LIABILITY TO YOU FOR ACTUAL DAMAGES FOR ANY CAUSE WHATSOEVER WILL BE LIMITED TO THE AMOUNT PAID BY YOU FOR THE INTUIT SOFTWARE. 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 THE DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN INTUIT AND YOU. INTUIT WOULD NOT HAVE BEEN ABLE TO PROVIDE THE INTUIT SOFTWARE TO YOU WITHOUT SUCH LIMITATIONS.
Online Services ("Services"). In connection with your use of the Software, you may have access to services provided by your financial institution, other third parties or Intuit. These Services may include Online Banking, Online Payment, Online Investment Account Download, Online Bill Pay, Online Trading, WebConnect, among others.
If you decide to use such Services, you are responsible for reviewing and understanding the terms and conditions governing any of these Services. Your participation in such Services indicates your acceptance of such terms and conditions.
Access to certain Services can be through the optional use of the PIN Vault. The PIN Vault allows you to store your designated PINs and passwords for multiple financial institutions in one place with a Vault Password created by yourself to access your account information. The PIN Vault provides cryptographic protection to your data, but factors such as a well-chosen password, physical security for your computer and proper safeguards when you use a network or the Internet are all important factors in the set of protections necessary to provide security for your data. Because most of these factors are beyond Intuit's control, you agree that Intuit is not liable for safeguarding your PIN Vault data.
Your access to the Services may be limited from time to time, depending on the service provided by your internet service provider or your financial institution or other third party. You may be billed for the Services by your financial institution or other third party, not Intuit, and such financial institution or other third party may have its own service agreement which will govern the Services it provides. You agree to be responsible for all telephone charges associated with your Internet and Service usage. You may be required to register with Intuit or a third party in order to use the Services. Your use of the Services may be subject to additional terms and conditions. All Services are subject to change.
If and when you connect to the Internet to update your data, Intuit may also include Intuit Software updates (i.e., service information, help content, etc.) in the update transmission.
U.S. Government. The Intuit 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 Intuit Software 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 Intuit 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 Intuit 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 Intuit 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".
General Provisions. This Agreement is a complete statement of the agreement between you and Intuit, and sets forth the entire liability of Intuit and its Representatives and your exclusive remedy with respect to the Intuit Software and services and their use.
This Agreement shall govern any services or content related to the Intuit 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).
The agents, employees, distributors, and dealers of Intuit are not authorized to make modifications to this Agreement, or to make any additional representations, commitments, or warranties binding on Intuit. Any waiver of the terms herein by Intuit must be in a writing signed by an authorized officer of Intuit and expressly referencing the applicable provisions of this Agreement. If any provision of this Agreement is invalid or unenforceable under applicable law, then it shall be, to that extent, deemed omitted and the remaining provisions will continue in full force and effect. This Agreement will be governed by California law as applied to agreements entered into and to be performed entirely within California, without regard to its choice of law or conflicts of law principles, and applicable federal law. The parties hereby consent to the exclusive jurisdiction and venue in the state and federal courts in Santa Clara County, California. 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. Headings are included for convenience only, and shall not be considered in interpreting this Agreement. This Agreement does not limit any rights that Intuit may have under trade secret, copyright, patent or other laws.
Consumer Information and Privacy. For details about Intuit's privacy policies, please refer to the Quicken Privacy Statement contained either in the Intuit Software or on a website designated by Intuit. You agree to be bound by the applicable Intuit privacy policies.
Health Information and Privacy. If you intend to use the Intuit Software, related services and content in conjunction with the medical or health information of particular individuals, you acknowledge and agree that the Intuit Software, related services and content are not "HIPAA-ready" or "HIPAA-compliant" and will not assist with or ensure compliance with HIPAA, and that you are solely responsible for using the Intuit Software, related services and content in a manner consistent with all applicable federal and state privacy laws relating to medical or health information.
Information About Other Investment Products or Features. Various Intuit products may contain financial information or retirement, financial planning, or investment features. Intuit has no control over your use of the Intuit Software and related services or financial information. Neither Intuit nor its Representatives warrant the performance or results that may be obtained by its use. Intuit does not represent, warrant, or guarantee the accuracy or timeliness of the data contained in the Intuit Software or printed materials and neither Intuit nor its Representatives shall have any liability of any kind whatsoever to you, or to any other party, on account of any inaccuracies in or untimeliness of the data, or for any delay in reporting such data or corrections to such data contained in the Intuit Software or printed materials. Various information in the Intuit Software constantly changes, and the information in the Intuit Software may not be current or accurate. The Intuit Software should not be used without confirming research from other sources, obtaining up-to-date information, and separate analysis by the user of his or her own particular investment situation. Intuit does not recommend, guarantee, or represent that the Intuit Software will predict the future performance of investments or securities of any kind. Neither Intuit nor its Representatives specifically guarantee or represent that analysis of past investment performance can predict future investment performance. Moreover, the Intuit Software does not recommend or endorse any specific investment or any particular mutual fund, nor does the Intuit Software offer customized tax, legal, or investment advice or strategies. Prior to any investment, you should consult professional advisors such as your accountant, attorney, or broker for this advice.
© 2005 Intuit Inc. All rights reserved. Unauthorized reproduction is a violation of applicable laws.
As of 6/17/05.