QuickBooks Point of Sale Desktop 12.0

INTUIT SOFTWARE END USER LICENSE AGREEMENT

 

Thank you for selecting the Software offered by Intuit Inc. and/or its subsidiaries and affiliates (referred to as "Intuit," "we," "our," or "us").  Review these license terms ("Agreement") thoroughly. This Agreement is a legal agreement between you and Intuit. By accepting electronically (for example clicking "I Agree" installing, accessing or using the Software, you agree to these terms. If you do not agree to this Agreement, then you may not use the Software.

 

A. GENERAL TERMS

 

1. AGREEMENT

 

1.1 This Agreement describes the terms governing your use of the Intuit Software including content, updates and new releases (collectively, the “Software”).  It includes by reference:

  • Intuit's Privacy Statement provided to you in the Software available on the website or provided to you otherwise;
  • Additional Terms and Conditions, which may include those from third parties; and
  • Any terms provided separately to you for the Software, including product or program terms, ordering, activation, payment terms, etc.
 

2. LICENSE GRANT AND RESTRICTIONS

 

2.1 The Software is protected by copyright, trade secret, and other intellectual property laws. You are only granted certain limited rights to install and use the Software, and Intuit reserves all other rights in the Software not granted to you in writing herein. As long as you meet any applicable payment obligations and comply with this Agreement, Intuit grants you a personal, limited, nonexclusive, nontransferable, revocable license to use the Software only for the period of use provided in the ordering and activation terms, as set forth in this Agreement, or in accordance with Intuit’s then-current product discontinuation policies, as updated from time to time, and only for the purposes described by Intuit for the Software.

2.2 You acknowledge and agree that the Software is licensed, not sold. You agree not to use, nor permit any third party to use, the Software in a manner that violates any applicable law, regulation or this Agreement. You agree you will not:

  • Provide access to or give the Software or any part of the Software to any third party;
  • Reproduce, duplicate, modify, copy, deconstruct, reverse-engineer, sell, trade or resell the Software;
  • Transfer your license to the Software to any other party;
  • Attempt unauthorized access to any other Intuit systems that are not part of the Software;
  • Permit any third party to benefit from the use or functionality of the Software via a rental, lease, timesharing, service bureau, hosting service, or other arrangement; or
  • Make the Software available on any file-sharing or application hosting service. 
 

3. PAYMENT. For Software licensed on a payment or subscription basis, the following terms apply, unless Intuit notifies you otherwise in writing. This Agreement also incorporates by reference and includes program ordering and payment terms provided to you for the Software:

 

a. Payments will be billed to you in U.S. dollars, and your account will be debited when you subscribe and provide your payment information, unless stated otherwise in the program ordering or payment terms on the website for the Software.

 

b. You must pay with one of the following:

1.     A valid credit card acceptable to Intuit;

2.     A valid debit card acceptable to Intuit;

3.     Sufficient funds in a checking or savings account to cover  an electronic debit of the payment due; or

4.     By another payment option Intuit provides to you in writing.

 

c. If your payment and registration information is not accurate, current and complete, and you do not notify us promptly when such information changes, we may suspend or terminate your account, terminate your license and refuse any further use of the Software.

 

d. If you do not notify us of updates to your payment method (e.g., credit card expiration date), to avoid interruption of your service, we may participate in programs supported by your card provider (e.g., updater services, recurring billing programs, etc.) to try to update your payment information, and you authorize us to continue billing your account with the updated information that we obtain.

 

e. Intuit will automatically renew your monthly, quarterly, or annual subscription at the then-current rates, unless the Software is cancelled or terminated under this Agreement.

 

f. Additional cancellation or renewal terms may be provided to you on the website for the Software.

 

4. YOUR PRIVACY AND PERSONAL INFORMATION. You can view Intuit’s Privacy Statement provided with the Software and on the website for the Software. You agree to the applicable Intuit Privacy Statement, and any changes published by Intuit.  You agree that Intuit may use and maintain your data according to the Intuit Privacy Statement, as part of the Software.  You give Intuit permission to combine information you enter or upload for the Software with that of other users of the Software and/or other Intuit services.  For example, this means that Intuit may use your and other users’ non-identifiable, aggregated data to improve the Software or to design promotions and provide ways for you to compare business practices with other users. Intuit is a global company and may access or store personal information in multiple countries, including countries outside of your own country to the extent permitted by applicable law.

 

5. CONTENT

5.1 You are responsible for your content. You are responsible for all materials ("Content") uploaded, posted or stored through your use of the Software.  You grant Intuit a worldwide, royalty-free, non-exclusive license to host and use any Content provided through your use of the Software.  Archive your Content frequently. You are responsible for lost or unrecoverable Content.  You must provide all required and appropriate warnings, information and disclosures. Intuit is not responsible for the Content or data you provide through your use of the Software.

You agree not to use the Software, nor permit any third party to use, the Software to upload, post, distribute, link to, publish, reproduce, engage in or transmit any of the following, including but not limited to:

 

a. Illegal, fraudulent defamatory, obscene, pornographic, profane, threatening, abusive, hateful, harassing, offensive, inappropriate or objectionable information or communications of any kind, including without limitation conduct that would encourage "flaming" others, or criminal or civil liability under any local, state, federal or foreign law;

 

b. Content that would impersonate someone else or falsely represent your identity or qualifications, or that constitutes a breach of any individual’s privacy;

 

c. Except as permitted by Intuit in writing, investment opportunities, solicitations, chain letters, pyramid schemes, other unsolicited commercial communication or engage in spamming or flooding;

 

d. Virus, trojan horse, worm or other disruptive or harmful software or data; and

 

e. Any information, software or Content which is not legally yours and without permission from the copyright owner or intellectual property rights owner.

 

5.2 Community forums. The Software may include a community forum or other social features to exchange Content and information with other users of the Software and the public. Intuit does not support and is not responsible for the content in these community forums.  Please use respect when you interact with other users. Do not reveal information that you do not want to make public. Users may post hypertext links to content of third parties for which Intuit is not responsible.

 

5.3 Intuit may freely use feedback you provide.  You agree that Intuit may use your feedback, suggestions, or ideas in any way, including in future modifications of the Software, other products or services, advertising or marketing materials. You grant Intuit a perpetual, worldwide, fully transferable, sublicensable, non-revocable, fully paid-up, royalty free license to use the feedback you provide to Intuit in any way.

 

5.4 Intuit may monitor your Content.  Intuit may, but has no obligation to, monitor content on the Software.  We may disclose any information necessary to satisfy our legal obligations, protect Intuit or its customers, or operate the Software properly. Intuit, in its sole discretion, may refuse to post, remove, or refuse to remove, any content, in whole or in part, alleged to be unacceptable, undesirable, inappropriate, or in violation of this Agreement.



6. ADDITIONAL TERMS

6.1 Intuit does not give professional advice.  Unless specifically included with the Software, Intuit is not in the business of providing legal, financial, accounting, tax, health care, real estate or other professional services or advice. Consult the services of a competent professional when you need this type of assistance.

6.2 We may tell you about other Intuit services.  You may be offered other services, products, or promotions by Intuit ("Intuit Services").Additional terms and conditions and fees may apply. With some Intuit Services you may upload or enter data such as names, addresses and phone numbers, purchases, etc., to the Internet. You grant Intuit permission to use information about your business and experience to help us to provide the Intuit Services to you and to enhance the Software. You grant Intuit permission to combine your business data, if any, with that of others in a way that does not identify you or any individual personally. You also grant Intuit permission to share or publish summary results relating to research data and to distribute or license such data to third parties.

6.3 Communications. Intuit may be required by law to send you communications about the Software or Third Party Products. You agree that Intuit may send these communications to you via email or by posting them on our websites.

6.4 You will manage your passwords and accept updates. You are responsible for securely managing your password(s) for access to the Software and to contact Intuit If you become aware of any unauthorized access to your account. The Software may periodically be updated with tools, utilities, improvements, third party applications, or general updates to improve the Software.  You agree to receive these updates.

7. DISCLAIMER OF WARRANTIES

7.1 YOUR USE OF THE SOFTWARE AND CONTENT IS ENTIRELY AT YOUR OWN RISK.  EXCEPT AS DESCRIBED IN THIS AGREEMENT, THE SOFTWARE IS PROVIDED "AS IS." TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, INTUIT, ITS AFFILIATES, AND ITS THIRD PARTY PROVIDERS, LICENSORS, DISTRIBUTORS OR SUPPLIERS (COLLECTIVELY, "SUPPLIERS") DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTY THAT THE SOFTWARE IS FIT FOR A PARTICULAR PURPOSE, TITLE, MERCHANTABILITY, DATA LOSS, NON-INTERFERENCE WITH OR NON-INFRINGEMENT OF ANY INTELLECTUAL PROPERTY RIGHTS, OR THE ACCURACY, RELIABILITY, QUALITY OR CONTENT IN OR LINKED TO THE SOFTWARE. INTUIT AND ITS AFFILIATES AND SUPPLIERS DO NOT WARRANT THAT THE SOFTWARE IS SECURE, FREE FROM BUGS, VIRUSES, INTERRUPTION, ERRORS, THEFT OR DESTRUCTION. IF THE EXCLUSIONS FOR IMPLIED WARRANTIES DO NOT APPLY TO YOU, ANY IMPLIED WARRANTIES ARE LIMITED TO 60 DAYS FROM THE DATE OF PURCHASE OR DELIVERY OF THE SERVICES, WHICHEVER IS SOONER.

7.2 INTUIT, ITS AFFILIATES AND SUPPLIERS DISCLAIM ANY REPRESENTATIONS OR WARRANTIES THAT YOUR USE OF THE SOFTWARE WILL SATISFY OR ENSURE COMPLIANCE WITH ANY LEGAL OBLIGATIONS OR LAWS OR REGULATIONS.

8. LIMITATION OF LIABILITY AND INDEMNITY.  TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE ENTIRE LIABILITY OF INTUIT, ITS AFFILIATES AND SUPPLIERS FOR ALL CLAIMS RELATING TO THIS AGREEMENT SHALL BE LIMITED TO THE AMOUNT YOU PAID FOR THE SOFTWARE DURING THE TWELVE (12) MONTHS PRIOR TO SUCH CLAIM. SUBJECT TO APPLICABLE LAW, INTUIT, ITS AFFILIATES AND SUPPLIERS ARE NOT LIABLE FOR ANY OF THE FOLLOWING: (A) INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES; (B) DAMAGES RELATING TO FAILURES OF TELECOMMUNICATIONS, THE INTERNET, ELECTRONIC COMMUNICATIONS, CORRUPTION, SECURITY, LOSS OR THEFT OF DATA, VIRUSES, SPYWARE, LOSS OF BUSINESS, REVENUE, PROFITS OR INVESTMENT, OR USE OF SOFTWARE OR HARDWARE THAT DOES NOT MEET INTUIT SYSTEMS REQUIREMENTS. THE ABOVE LIMITATIONS APPLY EVEN IF INTUIT AND ITS AFFILIATES AND SUPPLIERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS AGREEMENT SETS FORTH THE ENTIRE LIABILITY OF INTUIT, ITS AFFILIATES AND YOUR EXCLUSIVE REMEDY WITH RESPECT TO THE SOFTWARE AND ITS USE.

You agree to indemnify and hold Intuit and its Affiliates and Suppliers harmless from any and all claims, liability and expenses, including reasonable attorneys' fees and costs, arising out of your use of the Software or breach of this Agreement (collectively referred to as "Claims"). Intuit reserves the right, in its sole discretion and at its own expense, to assume the exclusive defense and control of any Claims. You agree to reasonably cooperate as requested by Intuit in the defense of any Claims.

9. CHANGES. We reserve the right to change this Agreement at any time, and the changes will be effective when posted on our website for the Software or when we notify you by other means. We may also change or discontinue the Software, in whole or in part. Your continued use of the Software indicates your agreement to the changes.

10. TERMINATION. Intuit may, in its sole discretion and without notice, restrict, deny, terminate this Agreement or suspend the Services effective immediately, in whole or in part, for suspicion of fraud, security, illegal activity or unauthorized access issues to protect the integrity of our Services or systems and comply with applicable Intuit policy, or if you fail to comply with this Agreement, or if you no longer agree to receive electronic communications. Upon termination you must immediately stop using the Services and any outstanding payments will become due. Any termination of this Agreement shall not affect Intuit’s rights to any payments due to it. Intuit may terminate a free account at any time. Sections 2.2, 3 through 15 will survive and remain in effect even if the Agreement is terminated.

11. EXPORT RESTRICTIONS. You acknowledge that the Services, including the mobile application, delivered by Intuit are subject to restrictions under applicable US export control laws, including US trade embargoes and sanctions and security requirements, and applicable country or local laws to the extent compatible with US laws.  You agree that you will comply with these laws and regulations and will not export, re-export, import or otherwise make available products and/or technical data in violation of these laws, directly or indirectly.


12. GOVERNING LAW. California state law governs this Agreement without regard to its conflicts of laws provisions.

 

13. DISPUTES.  ANY DISPUTE OR CLAIM RELATING IN ANY WAY TO THE INTUIT SOFTWARE OR THIS AGREEMENT WILL BE RESOLVED BY BINDING ARBITRATION, RATHER THAN IN COURT, except that you may assert claims in small claims court if your claims qualify.  The Federal Arbitration Act governs the interpretation and enforcement of this provision; the arbitrator shall apply California law to all other matters.  Notwithstanding anything to the contrary, any party to the arbitration may at any time seek injunctions or other forms of equitable relief from any court of competent jurisdiction. WE EACH AGREE THAT ANY AND ALL DISPUTES MUST BE BROUGHT IN THE PARTIES' INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING.  BY ENTERING INTO THIS AGREEMENT AND AGREEING TO ARBITRATION, YOU AGREE THAT YOU AND INTUIT ARE EACH WAIVING THE RIGHT TO FILE A LAWSUIT AND THE RIGHT TO A TRIAL BY JURY.  IN ADDITION, YOU AGREE TO WAIVE THE RIGHT TO PARTICIPATE IN A CLASS ACTION OR LITIGATE ON A CLASS-WIDE BASIS.  YOU AGREE THAT YOU HAVE EXPRESSLY AND KNOWINGLY WAIVED THESE RIGHTS. 

To begin an arbitration proceeding, send a letter requesting arbitration and describing your claim to Intuit Inc., in care of our registered agent Corporation Service Company, 2711 Centerville Road, Wilmington, DE 19808.  Arbitration will be conducted by the American Arbitration Association (AAA) before a single AAA arbitrator under the AAA’s rules, which are available at www.adr.org or by calling 1-800-778-7879.  Payment of all filing, administration and arbitrator fees and costs will be governed by the AAA's rules, but if you are unable to pay any of them, Intuit will pay them for you.  In addition, Intuit will reimburse all such fees and costs for claims totaling less than $75,000 unless the arbitrator determines the claims are frivolous.  Likewise, Intuit will not seek its attorneys’ fees or costs in arbitration unless the arbitrator determines your claims or defenses are frivolous.  You may choose to have the arbitration conducted by telephone, based on written submissions, or in person in the county where you live or at another mutually agreed location.  The decision of the arbitrator shall be final and not appealable, and judgment on the arbitration award may be entered in any court having jurisdiction thereof.  This Section 13 shall survive expiration, termination or rescission of this Agreement. 

 

14. GENERAL. This Agreement, including Additional Terms below is the entire agreement between you and Intuit and replaces all prior understandings, communications and agreements, oral or written, regarding its subject matter. If any court of law, having the jurisdiction, rules that any part of this Agreement is invalid, that section will be removed without affecting the remainder of the Agreement. The remaining terms will be valid and enforceable. The United Nations Convention on Contracts for the International Sale of Goods does not apply to this Agreement. You cannot assign or transfer ownership of this Agreement to anyone without written approval of Intuit However, Intuit may assign or transfer it without your consent to (a) an affiliate, (b) a company through a sale of assets by Intuit or (c) a successor by merger. Any assignment in violation of this Section shall be void.

 

January 2016

 

______________________

 

B.  ADDITIONAL TERMS AND CONDITIONS FOR THE SOFTWARE

 

INTUIT QUICKBOOKS POINT OF SALE SOFTWARE (“Software").

 

YOUR LICENSE TO USE THE SOFTWARE, ADD-ON PRODUCTS AND RELATED SERVICES (IF ANY) IS SUBJECT TO THE GENERAL END USER LICENSE AGREEMENT TERMS ABOVE AND THE ADDITIONAL TERMS AND CONDITIONS BELOW. THESE ADDITIONAL TERMS AND CONDITIONS SHALL PREVAIL OVER ANY CONFLICT OR INCONSISTENCY WITH THE GENERAL END USER LICENSE AGREEMENT TERMS ABOVE. Capitalized terms not otherwise defined below have the meanings provided in the General End User License Agreement.

 

1. LICENSE GRANT AND RESTRICTIONS

 

Intuit Inc. ("Intuit", "us", "we", "our") grants you ("you" and "your" means you or the legal entity identified in the registration process that you are authorized to represent and on whose behalf the Software is licensed) the following rights provided that you comply with all of the terms and conditions of this Agreement.

 

1.1 Basic License Version.  You may install up to a maximum of twenty (20) copies of the QuickBooks Point of Sale Software you have licensed, at no more than one (1) of your Company’s store locations.  If you purchased more than one Basic License of the Software, you may: (a) install a copy of the QuickBooks Point of Sale Software up to the maximum number of Company locations and licenses you purchased; (b) place a copy of your software data files on a network for access by such computers and (c) make one copy of the printed materials and any user documentation accompanying the Software for each user license you purchased.  If you purchased a valid license for the Software and received an Authentic Intuit DVD, such DVD is your backup copy of the Software.

 

1.2 Pro License Version  You may install a copy of the QuickBooks Point of Sale Software on one computer.  If you purchased more than one Pro license of the QuickBooks Point of Sale Software, you may: (a) install a copy of the QuickBooks Point of Sale Software on the number of computer(s) equal to the number of licenses you purchased, up to a maximum of twenty (20) computers that are owned and operated solely by and for your Company at one (1) location; (b) place a copy of your software data files on a network for access by such computers and (c) make one copy of the printed materials and any user documentation accompanying the Software for each user license you purchased.  If you purchased a valid license for the Software and received an Authentic Intuit DVD, such DVD is your backup copy of the Software.

 

1.3 Multi-Store License Version.  You may: (i) install a copy of the QuickBooks Point of Sale Software on the number of computers equal to the number of licenses you have purchased, at up to twenty (20) different store locations and only at those locations where all  the computers are owned and operated solely by and for your Company; (ii) install the QuickBooks Point of Sale Software at each location in accordance with the Single-Store License Version terms set forth above And (iii) make copies of the printed materials and any user documentation accompanying the Software equal to the number of licenses you have purchased. If you purchased a valid license for the Software and received an Authentic Intuit DVD, such DVD is your backup copy of the QuickBooks Point of Sale Software.

 

Since data from various store locations is not automatically updated to master data files in real time, if you choose to maintain master data files incorporating data from all store locations, you must synchronize the data from each such store location with the master data files in accordance with the instructions included with the multi-store user documentation.

 

1.4 License Restrictions.  You are not licensed or permitted under this Agreement to do any of the following: (a) modify, adapt, translate, rent or sublicense (including offering the QuickBooks Point of Sale Software to third parties on an applications service provider or time-sharing basis); (b) assign, loan, resell, transfer or distribute the QuickBooks Point of Sale Software, DVD(s), or related materials or create derivative works based upon the QuickBooks Point of Sale Software or any part thereof; (c) network the QuickBooks Point of Sale Software, except that you may network your company data files within same-store locations as outlined  above, provided you have purchased the same edition license(s) of the QuickBooks Point of Sale Software for all computers at such locations; and (d) copy the QuickBooks Point of Sale Software in whole or part, except as expressly stated in 1.1, 1.2 or 1.3 above, or use trade secret information contained in the QuickBooks Point of Sale Software, to develop software to interface with the QuickBooks Point of Sale Software. You agree not to (and not to permit others to): (i) decompile, disassemble, or otherwise reverse engineer the QuickBooks Point of Sale Software, except as otherwise expressly permitted by applicable law; or (ii) remove, alter or obscure any confidentiality or proprietary rights notices (including copyright notices) of Intuit or its licensors on or within the QuickBooks Point of Sale Software or any copies of the QuickBooks Point of Sale Software.  All license transfers are subject to written approval by Intuit and may be subject to a transfer fee determined by Intuit in its sole discretion.  If your company is, or substantially all of its assets are, acquired by or merged into another company or sole proprietorship, please contact Intuit at transfer_license@intuit.com regarding transferring your license to the new company.

In addition to the QuickBooks Point of Sale software, the term "Software" includes any other programs, tools, applications, internet-based services, components and any "updates" (for example,  bug fixes) or “enhancements” (for example, new functionality and/or content) of the Software that Intuit provides and makes available to you after the date you obtained your initial copy of the Software. QuickBooks Point of Sale Desktop V12.0 software purchased on a separate standalone basis is eligible for enhancements on a when-and-if available basis through May 31, 2018, , which shall be the current support period for QuickBooks Point of Sale Desktop V12.0. Software licenses obtained through a subscription are eligible for such enhancements during the active subscription period.

 

1.5 Delivery; Registration; Other Restrictions.  QuickBooks Point of Sale Software shall be delivered to you via an electronic download or an Authorized DVD and shall be deemed delivered on the date that Intuit makes it available to you by activation code, regardless of whether a replacement copy is ordered.

The QuickBooks Point of Sale Software, includes required registration, so you agree that you must register the QuickBooks Point of Sale Software with Intuit within the amount of time specified by the QuickBooks Point of Sale Software, otherwise you will not be able to continue to use the QuickBooks Point of Sale Software. You agree to keep your registration information accurate and complete and promptly update your registration data with us as necessary to keep it accurate, current and complete. We protect your registration information according to our privacy policies which can be found by clicking http://quickbooks.intuit.com/qb/common/privacy_policy/privacy.jhtml or the privacy policy link on the Intuit website relating to the QuickBooks Point of Sale Software product you purchased.  Enabling others to use your license number(s), product number(s), and validation number(s), if any, is strictly prohibited.

 

1.6 Pictures.  By uploading photographs, images, pictures or anything that is graphical in whole or in part (“Images”) you warrant and represent that (a) you are the copyright owner of such Images, or that the copyright owner of such Images has granted you permission to use such Images or any content and/or images contained in such Images consistent with the manner and purpose of your use and as otherwise permitted by this Agreement, (b) you have the rights necessary to grant the licenses and sublicenses described in this Agreement, and (c) that any person depicted in such Images, if any, has provided consent to the use of the Images as set forth in this Agreement, including, by way of example, and not as a limitation, the distribution, public display and reproduction of such Images. By uploading Images, you grant Intuit and its respective subsidiaries, affiliates, successors, assigns, licensees, resellers and other such parties as Intuit may designate from time to time, a non-exclusive, world-wide, perpetual, royalty-free license to copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your Images in any manner and in any media.

 

 

2. ADDITIONAL TERMS

 

 

A. Software Updates and Programs. If and when you connect to the Internet and use the Software, Intuit may also include updates in the transmission or install programs you may have requested. Intuit may also gather certain kinds of information, in aggregate and non-aggregate form. Information in non-aggregate form will be specific to you and your business, which Intuit will use to improve the Software in future releases and/ or other Intuit products, better customize your experience with the Software in future releases, and present you with improved Intuit marketing offers. All data collected will be used in accordance with Intuit’s Privacy Policy, available at http://security.intuit.com/privacy.

 

B. Help and Support. Intuit may use a variety of methods (e.g., in-product, Internet, chat, e-mail and phone) to provide technical support and customer service in connection with the Software and Intuit Services. The terms and conditions governing the offering of this support, some of which require the payment of an additional fee, are subject to change as announced by Intuit from time to time. Consult the QuickBooks Support Web site (currently, http://support.quickbooks.intuit.com/support/default.aspx?lid=site_header) for the most up-to-date information relating to this support and any associated charges, as well as updates to the Software. By using QuickBooks support, you authorize Intuit to collect certain company data files in order to provide you with a better customer support experience.

 

C. Intuit Payment Products. If you choose from within the Software to apply for and use Intuit Payment Products, you understand and agree to the most current versions of the Intuit Payment Products Terms of Service. The Terms of Service for the respective Intuit Payment Products are currently available here: [DC1] Intuit QuickBooks Merchant Service: http://intuitpayments.com/legal.  From time to time Intuit may update these Terms of Service. Check on the product website for the latest version(s) of these Terms of Service for Intuit Payment Products.

 

3.  DATA TRANSFER

(Not applicable for Software and Trial versions that do not include access to the Data Transfer feature).    

 

You may have the option to acquire products or services that use or access your data from the Software (“Applications”).  Applications may be developed by Intuit or third parties. Those developed by third party developers or Third Party Products may be made available to you, including via the Software, subject to the third party’s terms and conditions, including their privacy policy.  Those developed by Intuit are provided to you subject to the terms and conditions that accompany that Application. Additional fees may apply. Some Applications require the use of or access to your data from the Software. Intuit may provide third parties with a service to transfer your data, upon your authorization, from the Software to the Application (the “Data Transfer”) in order to, among other things, facilitate certain interoperability, data integration, and data access between the Software and the Applications. By signing up or using a third party Application, you agree that the (i) third party provider of that Application may have access your data from the Software to use to provide you the Application or related services per the terms of the third party’s terms and conditions; and (ii) third party provider may transfer your data from the Application to Intuit for Intuit’s use per the terms of this Agreement.  You grant Intuit all rights to use your data from the Software as reasonably necessary to facilitate the Data Transfer to third party providers. You acknowledge that third party providers may be located in a country that does not have adequate security controls to protect your data. Please carefully review the third party’s terms and conditions. If you do not agree with their terms and conditions, you should not use or access their Application and you should not permit the third party to have access to your data from the Software.  Please contact the third party Application provider for technical issues with the third party Application or Data Transfer to and from the Software and Application. If you want to revoke your authorization to provide data to a third party Application, Intuit may provide a feature within the QuickBooks Point of Sale software or on a website for the Services to allow you to disable third party access.  You acknowledge that turning off access may affect an Application’s functionality or features, and that, you remain liable to the Application provider for any fees charged to you.

 

You agree and acknowledge that (i) Intuit has no control over any Third Party Products; and (b) Intuit does not endorse or recommend Third Party Products even if such products are marketed or distributed via our products, website or otherwise associated with Intuit. You agree that the third parties, and not Intuit, are solely responsible for the Data Transfer, Third Party Product’s performance (including technical support), the content on their websites and their use or disclosure of your data. Intuit will not be liable for any damages, claims or liabilities arising from the third parties or Third Party Products.

 

You agree that you will (i) comply with all applicable laws, regulation and ordinances; (ii) not use the Third Party Products in any manner that would infringe or violate the rights of Intuit or any other party; and (iii) not use the Third Party Products in any way in furtherance of criminal, fraudulent or other unlawful activity. 

 

4.  USE WITH YOUR MOBILE DEVICE

Some use of the QuickBooks Point of Sale Software may be available through a compatible mobile device and an Intuit GoPayment account, which will require Internet access, additional software and shall also be subject to the GoPayment Terms of Service, and fees as applicable. You agree that you are solely responsible for these requirements, including any applicable changes, updates and fees as well as the terms of your agreement with your mobile device and telecommunications provider.  

 

INTUIT MAKES NO WARRANTIES OR REPRESENTATIONS OF ANY KIND, EXPRESS, STATUTORY OR IMPLIED AS TO: 

 

(i)  THE AVAILABILITY OF TELECOMMUNICATION SERVICES FROM YOUR PROVIDER AND ACCESS TO THE SERVICES  AT ANY TIME OR FROM ANY LOCATION;

 

(ii)  ANY LOSS, DAMAGE, OR OTHER SECURITY INTRUSION OF THE TELECOMMUNICATION SERVICES; AND

 

(iii)  ANY DISCLOSURE OF INFORMATION TO THIRD PARTIES OR FAILURE TO TRANSMIT ANY DATA, COMMUNICATIONS OR SETTINGS CONNECTED WITH THE SERVICES. 

 

 

5. SATISFACTION GUARANTEED/LIMITED WARRANTY

 

(i) Satisfaction Guarantee.  If you are not satisfied with the Software and (a) You purchased the Software from a retail store, you may uninstall and delete all copies of the Software from your computer(s) and return it within 60 days of purchase to the store where you purchased your license with a dated receipt for a full refund. If the store is unable or unwilling to issue a refund or you obtained the Software directly from Intuit, you may uninstall and delete all copies of the Software and return the Software with a dated receipt or packing slip within 60 days of purchase via U.S. mail to Intuit Inc., Returns Department, PO Box 19004, Greenville, SC 29602-9004 or via UPS to Intuit Inc., Returns Department, 110 Hidden Lake Circle, Duncan, SC 29334. (b) You obtained the Software directly from Intuit via an Internet download, you may submit a written request to Intuit including your name, contact and product order information to Intuit Inc., Returns Department, PO Box 19004, Greenville, SC 29602-9004. (c) The Software was pre-installed on your computer when you bought it, or if DVDs came packaged with your computer at no extra charge, follow the manufacturer's applicable return policy; or (d) You obtained the Software by downloading it on your computer, contact the provider of the download site.

 

(ii) Limited Warranty.  (a) If the DVD on which the Software is stored is defective, then return the DVD to Intuit Inc., Returns Department, PO Box 19004, Greenville, SC 29602-9004 within 60 days of shipment (or in the case of a retail purchase, within 60 days of purchase) with a dated receipt or packing slip, and a replacement DVD will be mailed to you; (b) If more than 60 days has elapsed from the purchase date and the DVD is defective and you would like a replacement while that version is still commercially available, you may obtain a replacement by sending your defective DVD and a check for the applicable amount published by Intuit (additional fees may apply per replacement), plus applicable taxes, to Intuit at the address listed above. (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); (c) If the Software was pre-installed on your computer when you bought it, or if DVDs came packaged with your computer at no extra charge, and the Software is defective or was installed improperly, you may obtain replacement DVDs 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 (d) If you obtained the Software by downloading it on your computer and the Software installed improperly, contact the provider of the download site.

 

6. TERMINATION

 

The Intuit Software is subject to Intuit's discontinuation policy and Intuit reserves the right to discontinue all support for the Intuit Software, and/or for any features, online or other services or content accessible through the Intuit Software in accordance with its current discontinuation policy. If the Intuit Software offers services that require a connection to an Intuit server (including Internet-based services), such as downloading software updates, when and if available, downloading financial data from a participating bank, credit union, credit card, brokerage, mutual fund accounts, online bill paying, and downloading stock/fund quotes and news, such services may expire in accordance with Intuit's current discontinuation policy.

 

Subject to Intuit’s discontinuation policy, Intuit will provide support for QuickBooks Point of Sale Desktop V12.0 Software until May 31, 2018. After May 31, 2018, Intuit will no longer support the QuickBooks Point of Sale Desktop V12.0 Software, provide updates and enhancements, including security related updates, or online or other services. However, after May 31, 2018, only Intuit payment services will continue to be supported and available for use (subject to separate fees) with V12.0 through the date as determined by Intuit, which shall be posted on the website or otherwise provided to you. More information about the discontinuation policy relating to the Intuit Software is available at http://support.quickbooks.intuit.com/support/DiscontinuationPlan.aspx.

 

7. HEALTH INFORMATION AND PRIVACY

 

If you intend to use the Software, related services and content in conjunction with the medical or health information of particular individuals, you acknowledge and agree that the 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 Software, related services and content in a manner consistent with all applicable federal and state privacy laws relating to medical or health information.

 

8.  TRIAL PERIOD

 

From time to time, Intuit or certain third parties may offer certain features and functionality, Intuit add-on and/ or third-party services (“Services”) on a trial basis. If you registered for a trial use of such Services ("Trial Period"), you must decide to purchase the Services within the Trial Period in order to retain any Content (defined in Section 5) that you have posted or uploaded to the Services during the Trial Period. If you do not purchase the Services by the end of the Trial Period, your Content will no longer be available to you. To be very clear, after using the Services during the Trial Period, if you decide not to purchase the full version of the Services, you will not be able to access or retrieve any of the Content and/or data you added/created during the Trial Period.

 

9. BETA

Beta Features.  From time to time, we may include new or updated beta features in the Services (“Beta Features”).  Beta Features may have associated fees, which will be disclosed to you at the time you choose to use the Beta Features.  We understand that your use of any Beta Feature is voluntary. You understand that once you use a Beta Feature, you may be unable to revert back to a prior non-beta version of the same or similar feature. Additionally, if such reversion is possible, you may not be able to return or restore data created within the Beta Feature back to the prior non-beta version. The Beta Features are provided on an “as-is” basis and may contain errors or inaccuracies that could cause failures, corruption or loss of data and information from any connected device. You acknowledge and agree that all use of any Beta Feature is at your sole risk.

 

10. THIRD PARTY NOTICES

 

(i) Adobe. The Software contains Adobe® Flash® Player software by Adobe Systems Incorporated, Copyright © 1995-2009 Adobe Macromedia Software LLC. All rights reserved. Adobe and Flash are trademarks of Adobe Systems Incorporated. Adobe software products are subject to the Adobe End User License Agreement found here: http://www.adobe.com/products/eulas/pdfs/Reader_Player_AIR_WWEULA-Combined-20080204_1313.pdf

 

(ii) PCI. Intuit is part of the PCI Security Standards Council, LLC (PCI SSC) Payment Application Data Security Standard Program.  Acceptance of a given payment application by the (PCI SSC) only applies to the specific version of that payment application that was reviewed by a PA-QSA and subsequently accepted by PCI SSC (the “Accepted Version”). If any aspect of a payment application or version thereof is different from that which was reviewed by the PA-QSA and accepted by PCI SSC – even if the different payment application or version (the “Alternate Version”) conforms to the basic product description of the Accepted Version – then the Alternate Version should not be considered accepted by PCI SSC, nor promoted as accepted by PCI SSC.

 

No vendor or other third party may refer to a payment application as “PCI Approved” or “PCI SSC Approved,” and no vendor or other third party may otherwise state or imply that PCI SSC has, in whole or part, accepted or approved any aspect of a vendor or its services or payment applications, except to the extent and subject to the terms and restrictions expressly set forth in a written agreement with PCI SSC, or in a PA-DSS letter of acceptance provided by PCI SSC. All other references to PCI SSC’s approval or acceptance of a payment application or version thereof are strictly and actively prohibited by PCI SSC.

 

When granted, PCI SSC acceptance is provided to ensure certain security and operational characteristics important to the achievement of PCI SSC’s goals, but such acceptance does not under any circumstances include or imply any endorsement or warranty regarding the payment application vendor or the functionality, quality, or performance of the payment application or any other product or service. PCI SSC does not warrant any products or services provided by third parties. PCI SSC acceptance does not, under any circumstances, include or imply any product warranties from PCI SSC, including, without limitation, any implied warranties of merchantability, fitness for purpose or non-infringement, all of which are expressly disclaimed by PCI SSC. All rights and remedies regarding products and services that have received acceptance from PCI SSC, shall be provided by the party providing such products or services, and not by PCI SSC or any payment brands.

 

 

© 2016 Intuit Inc. All rights reserved.

Intuit Inc.

P. O. Box 7850

Mountain View, CA 94039-7850

Date: June 2016