New QuickBooks Hosting, QuickBooks Software License Agreement

This post discusses an important new QuickBooks hosting issue. The issue in this post is the  current 2010 QuickBooks Software License Agreement this post. New QuickBooks hosting issues relate to this scary 12,000+ word QuickBooks Software License Agreement. Most QuickBooks users wrongly believe they buy QuickBooks. In fact, new QuickBooks hosting problems relate to this limited, temporary, and revocable QuickBooks Software License Agreement. You cannot install QuickBooks without agreeing to this QuickBooks Software License Agreement (comments in parenthesis).

Few QuickBooks users know about the QuickBooks Software License Agreement. Microsoft Word spell check statistics show the QuickBooks Software License Agreement was written for someone with 2+ years of college, excluing those who have since gone down-hill, like me. Those who do not understand the QuickBooks Software License Agreement cannot give “informed consent” to it. Few attorneys avoid complexity, which can make documents largely legally worthless. You may lose this important QuickBooks Software License Agreement defense if you keep reading, as I rewrote the QuickBooks Software License Agreement at a tenth grade reading level.

The QuickBooks software license agreement, Privacy Statement, documentation, and terms for services, are an agreement between you and Intuit. By clicking I AGREE, or using the Software, you indicate you read, understand, and agree to it. The agreement may change. (This confirms that you do not buy QuickBooks. Intuit also can change its license. As insane as it sounds, this is common in software license agreements. That is why I LINKED THE QuickBOOKS SOFTWARE LICENSE AGREEEMENT ABOVE. AN ATTACHED FILE COULD BE OBSOLETE BY THE TIME YOU READ IT.  YOU MAY EVEN BELIEVE YOU HAVE A DAMAGE CLAIM AGAINST INTUIT AND FIND A NEW LICENSE AFTER YOU FILE SUIT.)

1. LICENSE: You must not let a third party copy, transmit, license, resell or distribute software. You can not let them benefit from software via rental, lease, timesharing, service bureau, or other arrangement. You cannot transfer rights under this agreement. (Intuit directly or indirectly encouraged around 1,000 QuickBooks terminal server companies to enter their field. They may now have 400,000 users violating the QuickBooks Software License Agreement. You also cannot sell a used copy of QuickBooks, though Intuit allowed this if you got an original disk after the seller uninstalled.)

2. SERVICES.  Intuit can use your data and experience to let it provide Services, update and maintain data, address errors or interruptions, and enhance services. Intuit can combine your data, in ways that (hopefully) do not identify you, to improve services and compare practices. It may use your data to create, market, or promote new offerings. (Do you trust Intuit? It is easy for them to discover QuickBooks Software License Agreement violations.)

5. RESERVATION OF RIGHTS AND OWNERSHIP.  Software is licensed not sold. Intuit reserves rights not granted in this Agreement. The Software is protected by copyright, trade secret, and other intellectual property laws. This Agreement does not limit rights Intuit may have under these or other laws. (In case you did not understand already.)

6. REGISTRATION. Registration Data must be accurate and complete or Intuit may deny current or future use of Software. This applies if Intuit has only grounds to suspect violations. (You waive self-incrimination rights under the 5th Amendment. It is worse than the Hollywood Blacklist. Mere grounds to suspect may cost you thousands of dollars. There is no mention of even a temporary stay, so you can extract business data you own.)

9. DISCLAIMER OF WARRANTIES. THE SOFTWARE IS PROVIDED “AS-IS.” TO THE EXTENT PERMITTED BY LAW, INTUIT, AFFILIATES, DISTRIBUTORS, DEALERS AND SUPPLIERS DISCLAIM ALL GUARANTEES AND WARRANTIES, EXPRESS, IMPLIED OR STATUTORY. (This applies to THE SOFTWARE AND RELATED MATERIALS. (It also applied to) ANY WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE,  NON-INTERFERENCE OR NON-INFRINGEMENT AND SIMILAR LAWS. INTUIT AND ITS SUPPLIERS DO NOT WARRANT THAT THE SOFTWARE OR SERVICES ARE SECURE OR FREE FROM BUGS, VIRUSES, INTERRUPTION, OR ERRORS. (They also do not warrant that) THE SOFTWARE WILL MEET YOUR REQUIREMENTS. INTUIT DOES NOT WARRANT ACCESS TO DATA THROUGH THE SOFTWARE. SOME STATES DO NOT ALLOW IMPLIED WARRANTY EXCLUSIONS, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS. YOU MAY HAVE OTHER RIGHTS THAT VARY BY STATE.

INTUIT AND ITS SUPPLIERS DO NOT PROVIDE LEGAL, ACCOUNTING, OR OTHER SERVICES. INTUIT DOES NOT GUARANTY THAT SOFTWARE WILL MEET LEGAL OBLIGATIONS. YOU MUST BE SURE THE SOFTWARE, SERVICES AND CONTENT WORKS ACCORDING TO LAWS AND ACCOUNTING PRACTICES. (Have you seen Intuit say you can do bookkeeping or taxes without an accountant? Where is this warning label? Remember this when you have Internal Revenue inquiries or penalties.)

10. LIMITATION OF LIABILITY AND DAMAGES. INTUIT IS NOT LIABLE FOR ANY LOSS, COST, LIABILITY OR DAMAGE DUE TO THIRD PARTY SERVICES. THE LIABILITY OF INTUIT, AFFILIATES AND SUPPLIERS, RELATING TO THE AGREEMENT. SHALL BE LIMITED. IT SHALL BE NO MORE THAN THE AMOUNT YOU PAID FOR THE SOFTWARE, IN THE YEAR BEFORE THE EVENT GIVING RISE TO A CLAIM. INTUIT, ITS AFFILIATES AND SUPPLIERS, ARE NOT LIABLE FOR LOSS OF BUSINESS. THEY ARE NOT LIABLE FOR LOSS , CORRUPTION OR THEFT OF DATA, VIRUSES OR SPYWARE. THEY ARE NOT LIABLE FOR LOSS OF PROFITS OR INVESTMENT. THEY ARE NOT LIABLE FOR USE OF THE SOFTWARE WITH HARDWARE OR SOFTWARE NOT MEETING INTUIT REQUIREMENTS. THIS APPLIES TO CONTRACT, TORT (INCLUDES NEGLIGENCE), PRODUCT LIABILITY, AND OTHER CLAIMS. IT APPLIES EVEN IF YOU ADVISE OF POSSIBLE DAMAGE. OR A REMEDY FAILS. THIS DAMAGE WAIVER IS FUNDAMENTAL TO THE BARGAIN BETWEEN INTUIT AND YOU. INTUIT WOULD NOT PROVIDE THE SOFTWARE WITHOUT IT. (When Intuit bold faces, you really should listen, even though I restated this so Word says it is easier to read. If in doubt, read the original.)

11. CONSENT TO CONDUCT BUSINESS ELECTRONICALLY.
Intuit may be required to send Communications to you. Certain Services may require Communications with third parties. You agree that Intuit, and others administering services, may send Communications by email and posting them at websites. You consent to receive Communications electronically. By selecting the “I AGREE” button, you confirm that you have the means to access and print or download Communications. (This means you need not see changes to make them binding.)

13. TERMINATION  The right to use Software may end immediately, without notice, if a user does not comply with a term of this Agreement. You must then immediately stop using the Software.

14. THIRD PARTY SERVICES.  Access to a Third Party Website is at your own risk. Intuit disclaims liability for use of Third Party Services and Websites. (So why limit terminal server providers?)

18. MISCELLANEOUS This is the complete agreement between you and Intuit. It sets forth the entire Intuit liability, its affiliates and its Suppliers. It provides your exclusive remedy with respect to the Software and its use. Modifications must be written. They must be signed by an Intuit representative. They must expressly reference parts of this Agreement. If part of the Agreement is invalid, it shall be interpreted to accomplish its objectives to the greatest extent. Remaining parts will continue in full force. This Agreement may not be assigned without prior written Intuit approval. It is governed by California law, without regard to federal law. The United Nations Convention on Contracts does not apply. The parties will litigate in Santa Clara County court or the Northern District of California federal court.

(This says it the above part of the QuickBooks Software License Agreement is the complete agreement between you and Intuit. However, there are 8,000+ more words after the real QuickBooks Software License Agreement says that. So far I covered only a third of the scary QuickBooks Software License Agreement in this post, but it is almost enough to affect the New QuickBooks Hosting. One additional key part of the QuickBooks Software License Agreement follows.)

B. ADDITIONAL TERMS AND CONDITIONS FOR THE SOFTWARE, ADD-ON PRODUCTS AND RELATED SERVICES 

Your use of the Software is subject to the General Terms above and these Additional Terms. The Additional Terms shall prevail in any conflict with the General Terms. (Is this deliberate concealment?)

1. LICENSE GRANT AND RESTRICTIONS. Intuit grants you rights provided that you comply with all terms of this Agreement. (i) Single User License and Single User Add On Pack Purchasers. You may: (a) install the Software on one computer for use by one specific person; and (b) install the Software on one portable computer you own and use in your business, so long as only the same person uses the Software.

(ii) Multi User License and Multi User Add On Pack Purchasers. You may: (a) install the Software on the number of computers equal to the number of user licenses you purchased; (b) use the Software solely by the number of persons corresponding to the number of user licenses purchased, with no substitution of users (for example, if you purchased a 3 user license pack and you have 10 employees, the original 3 specific persons initially provided with use of the Software, are the only persons licensed to use the it unless you purchase additional licenses; (c) place a copy of your data files on a network for access by licensed users; (d) install the Software on 1 additional computer above the number of the license(s) purchased, to accompany your data file, not for use by another user. Notwithstanding (b) above, you may replace a specific user if such user leaves and must be replaced with a new employee.



You are not permitted to: (a) modify, adapt, translate, rent or sublicense (including offering the Software to third parties on an applications service provider or time-sharing basis); (b) assign, loan, resell, transfer or distribute the Software; (c) network the Software, except you may network your data file as outlined in Section B.1.(ii) above if you purchased the multi-user license version; 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.

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Fastest, easiest, accurate, low-cost QuickBooks! Intuit - QuickBooks CEO, "You're fantastic Mike! Absolutely fantastic!" Tax fighting CPA.

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