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2019 Software Licence Agreement

for QuickBooks Software and Intuit Payroll Services

issues, including bugs, security, and other risks, and that Intuit is not responsible for your continued use of such Software.

13.1.2.    Intuit Software Support Discontinuation or End-Date.  Subject to Intuit’s discontinuation policy and notwithstanding any Subscription terms provided separately, Intuit will provide support for QuickBooks Desktop software until the then-current support discontinuation or end date for the particular QuickBooks Desktop software version, which for QuickBooks Desktop 2018 is until May 31, 2021. More information about the discontinuation policy relating to the Software is available at https://support.quickbooks.intuit.com/support/DiscontinuationPlan.aspx.

13.1.3.    Non-Supported System Requirements, Services, or Software (i.e., no longer supported by their third party providers). System requirements and operating environments for use of the Software as designed, including currently-supported operating systems, database engines, browsers and other technical components are available on the website for the Software. Notwithstanding anything above to the contrary, Intuit will not provide (and is not in any way liable to you for) Software support for Services, software, or system requirements or operating environments, including any operating system, database server or browser version, or other technical component, that is unsupported by its originating third party provider. In the event that any currently-supported Services, software, system requirement or operating environment, or other technical component is discontinued or no longer supported by its provider, Intuit will likewise discontinue its Software support for that particular Service, software, system requirement, operating environment or system, database server or browser version, or other technical component.

14.    TERMINATION

14.1.    General.  Support for the Software will be discontinued or terminated as described above in Section B.13. Your rights to use the Software, including your access to and use of any Services or Subscription, may be terminated by Intuit immediately and without notice in accordance with the termination provisions of this Agreement, including those above in Section A.10., or in this section B.14, if at any time you fail to comply with any term or condition of this Agreement.

14.2.    Payroll for Desktop Service

14.2.1.    Your rights to any Payroll for Desktop Services Subscription may be terminated by Intuit if Intuit is unable to debit your payment method in accordance with this Agreement, Intuit will not provide refunds for any Payroll for Desktop Services outside of the 60-Day Satisfaction Guarantee period described in Section 15 below. Intuit has the right to change or add to the terms or conditions of any Payroll for Desktop Service or Subscription Plan at any time (provided that it is not Intuit's intent that such change substantially affect the licence rights granted to you and for which consideration was paid by you), and to change the method of delivering or accessing the Payroll for Desktop Service and/or the Subscription fee, and to change, delete, discontinue or impose conditions on any feature or aspect of the Payroll for Desktop Service. 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 the applicable Payroll for Desktop Service, go to www.payroll.com, or such other site designated by Intuit.

14.2.2.    In addition to termination of your rights as described above, you understand that if you subscribe and use any Payroll for Desktop Service to process payroll fraudulently, Intuit will share your name and other information we collect with similar payroll processors in an attempt to collect outstanding amounts you owe to Intuit and other payroll processors.

14.3.    Assisted Payroll for Desktop Service.  Intuit has the right to change or add to the terms or conditions of Assisted Payroll at any time (provided that it is not Intuit's intent that such change substantially affect the licence rights granted to you and for which consideration was paid by you), and to change the method of delivering or accessing Assisted Payroll and/or the Subscription fee and to change, delete, discontinue or impose conditions on any feature or aspect of the Assisted Payroll for Desktop Service.

14.4.    Direct Deposit Service.  Your access to and use of the Direct Deposit Service may be terminated by Intuit in accordance with the termination provisions of this Agreement. You may terminate your use of the Direct Deposit Service by notifying us that you no longer wish to use the Direct Deposit Service. Access to the Direct Deposit Service will remain in effect until we have a reasonable opportunity to act on the notice. If you terminate the Direct Deposit Service, no fees you have paid will be refunded, if applicable.

15.    60-DAY SATISFACTION GUARANTEE

15.1.    General.  If within 60 days of purchase, you are not satisfied with the Software and 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 licence with a dated receipt for a full refund. If the store is unable or unwilling to issue a refund or if 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. If 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. 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, follow the manufacturer's applicable return policy. If you obtained the Software by downloading it on your computer, contact the provider of the download site. Intuit will not provide refunds outside the 60-Day Satisfaction period.

15.2.    Payroll for Desktop Service.  If you are not satisfied with the Basic or Enhanced Payroll Subscription and you purchased the Subscription 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 licence with a dated receipt for a full refund of the purchase price. If the store is unable or unwilling to issue a refund or if you obtained the Subscription 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. If you obtained the Subscription 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.

15.3.    Assisted Payroll for Desktop Service.  If you are not satisfied with the Assisted Payroll Subscription and you obtained the Subscription 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 from submission of your first payroll for a full refund of your sign-up fee and transaction fees 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. If you obtained the Subscription 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.

16.    LIMITED WARRANTY

16.1.    Tax Tables.  Intuit warrants that the tax table(s), if and when made available by Intuit, will operate substantially as described in the related documentation. The tax table is designed to provide you with information only and you understand and agree that Intuit is not engaged in rendering legal, accounting or other professional advice or services. If legal advice or other expert assistance is required, you should seek the service of a competent professional. It is your responsibility to be knowledgeable of tax table changes that affect you and to ensure that you follow these changes by law.

16.2.    If the DVD is Defective within 60 Days of Shipment.  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.

16.3.    If the DVD is Defective More than 60 Days after Purchase.  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 in Section 16.2 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.

16.4.    If the DVD or Software Included or Pre-Installed with Your Purchased Computer is Defective or Functioning Improperly.  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.

16.5.    If You Obtained the Software By Download.  If you obtained the Software by downloading it on your computer and the Software installed improperly, contact the provider of the download site.

17.    INTUIT’S ENTIRE LIABILITY AND YOUR EXCLUSIVE REMEDIES.  SECTION A.8., AND SECTION B.15. AND B.16. OF THIS AGREEMENT SET FORTH INTUIT'S SOLE AND ENTIRE LIABILITY AND YOUR EXCLUSIVE REMEDIES IN THE EVENT OF YOUR DISSATISFACTION WITH THE SUBSCRIPTION, THE SOFTWARE, DEFECTIVE DVDS OR APPLICABLE SETUP SERVICE, UPDATE SERVICE, TECHNICAL SUPPORT/SUPPORT SERVICE PROVIDED AS PART OF OR IN CONNECTION WITH THE SUBSCRIPTION OR THE SOFTWARE.

18.    NO ADVICE.  As stated in Section A.6.1., Intuit does not give professional advice. Neither the Software, nor any Services or Subscriptions (including but not limited to any Payroll for Desktop Services, Assisted Payroll for Desktop Services, Direct Deposit Services, tax tables, or other Services, features, or offerings) provided or made available to you by Intuit or otherwise accessible for your use in, through, or in connection with the Software, include or facilitate access to the internet for connecting to any Service or otherwise, and neither furnishes or constitutes legal or professional services or advice, advice of deductions or direct deposit to Payees, or advice or information regarding any selected tax table or local, governmental, or other taxes.

19.    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.

20.    THIRD PARTY NOTICES

20.1.    QlikTech Terms.  If you are a QuickBooks Desktop Enterprise solutions customer, and subscribe to the Advanced Reports Service (additional fees may apply), the following terms apply:

20.1.1.    User acknowledges that the Software contains or incorporates proprietary software owned by QlikTech and its affiliates ("QlikView Products"). User is expressly prohibited from using the QlikView Products in any way other than integrated with the data structures of the OEM Product. User has no licence or any other right to the QlikView Products, and may under no circumstances whatsoever use the QlikView Products independently or separated from the OEM Product. QlikTech and its affiliates are third party beneficiaries of this Agreement and may enforce the applicable terms and conditions of this Agreement.

20.1.2.    User may only use the QlikView Products for its own internal purposes in accordance with the terms of this Agreement. User shall not, directly or indirectly: (i) sell, rent, sublicence, publish, display, loan, distribute or lease the QlikView Products; (ii) transfer to any other person or entity any of its rights to use the QlikView Products except as expressly permitted hereunder; (iii) reverse engineer, decompile, disassemble, modify, translate, make any attempt to discover the source code of the QlikView Products or underlying ideas or algorithms of the QlikView Products or any software contained therein, or create derivative works from the QlikView Products unless explicitly permitted by applicable and mandatory law; (iii) remove, delete or modify any copyright notices or any other proprietary notices or legends on, in or from the QlikView Products; or (iv) use the QlikView Products in any manner not authorized by this Agreement.

20.1.3.    QlikTech and its affiliates, or their respective suppliers or licensors where applicable, own and retain all right, title and interest in and to the QlikView Products, and their respective patents, trademarks (registered or unregistered), trade names, service marks, logos, designs, copyrights, trade secrets and confidential information. User does not acquire any right, title or interest in or to the QlikView Products or any intellectual proprietary rights contained therein.

20.1.4.    User agrees to (i) comply with all applicable local, state, national and foreign laws and regulations in connection with User's use of the QlikView Products, including those related to data privacy, copyright, export control and the transmission of technical or personal data; and (ii) use reasonable security precautions for providing access to the QlikView Products by its employees or other individuals to whom User provides access and to prevent unauthorized access to use of the QlikView Products. User is fully responsible for all data it introduces into the QlikView Products, including but not limited to adequate protection and backup, and none of Intuit, QlikTech or their respective affiliates shall have any obligation or liability with respect thereto.

20.1.5.    Individual software components, each of which has its own copyright and its own applicable licence conditions ("QlikView Third Party Software") may be distributed, embedded, or bundled with the QlikView Products. Such QlikView Third Party Software is separately licenced by its copyright holder. Use of the QlikView Third Party Software must be in accordance with its licence terms available at http://www.qlik.com/us/info/software-ula?ga-link=footer. No representations, warranties or other commitments of any kind are made regarding such Third Party Software.

20.1.6.    Your rights to access/use the QlikView Products shall be immediately terminated upon your breach of any of the terms of this Section 20.1.


© 2018 Intuit Inc. All rights reserved.
Intuit Inc.
P. O. Box 7850
Mountain View, CA 94039-7850

Rev May 2018