Software License Agreement All references herein to "Intuit Canada" shall refer to Intuit Canada, a General Partnership organized under the laws of Alberta. "Software" is defined as the Intuit Canada computer program with which this Software License Agreement ("Agreement") is included and any updates or maintenance releases thereto. The use by you of any services or content accessible through the Software, including the Online Services (defined below) may be subject to your acceptance of separate agreements with Intuit Canada or third parties. Do not use the Software until you have carefully read the following Agreement. By installing and/or using the Software, you ("you" or "Licensee") confirm that you (a) have read and understood this Agreement, (b) accept and agree to be bound by its terms and conditions, (c) acknowledge that this Agreement sets forth your exclusive remedies in respect of any claims you may have related to the Software (including, but not limited to, updates, error corrections, and new releases provided to you) which you receive in connection with the Software and the Online Services (defined below), and (d) understand that this Agreement fully sets out the obligations and limitations of liabilities of Intuit Canada, its licensors and the Representatives (as defined in this Agreement) to you, notwithstanding any other prior or contemporaneous writing (including any related packaging or advertisements), promise, understanding, or oral representations made by any party, including Intuit Canada. Rejection of Agreement If you purchased the Software (or a subscription in the case of Quicken Advantage) but you do not agree with or consent to be bound by the terms of this Agreement, you must (a) immediately discontinue all use of the Software, (b) immediately delete the Software from your computer, and (c) within ten (10) days, return the Software and all documentation and materials you may have received from Intuit Canada as part of the Software purchase or subscription, plus documentation evidencing the date and amount you paid for the Software (e.g. dated receipt, shipping invoice) to the following address: Intuit Canada, a General Partnership, P.O. Box 4182, Edmonton, Alberta, T6E 4T2. Terms and Conditions for Each Version of the Software Your Software is a version of Intuit Canada's Quicken XG 2003 or Quicken Advantage computer programs. Your license to the Software may contain access to other interactive online services offered by third parties, not Intuit Canada, available through the Internet and the Software, including, for example, online banking, online bill payment and online investment statement download ("Third Party Online Services"), as well other interactive online services offered by Intuit Canada, in its sole discretion, from time to time ("Intuit Canada Online Services"). The Third Party Online Services and the Intuit Canada Online Services are collectively referred to in this Agreement as the "Online Services." In addition to the terms and conditions applicable to all versions of the Software which are set forth in the remainder of this Agreement, your license rights regarding your specific version of the Software are set forth below: * Quicken XG 2003: If you have acquired this version of the Software, you are granted a limited, non-exclusive right to use Quicken XG 2003. Subject to any limitations set forth in the Online Services section of this Agreement (below), you will also have twelve (12) months of access to the Online Services through the Software. * Quicken XG 2003 - 12 Month Edition: If you have acquired this version of the Software, you are granted a limited, non-exclusive right to use Quicken XG 2003 - 12 Month Edition, which comes as part of the QuickTax Suite or a special promotion by Intuit Canada, for twelve (12) months. Subject to any limitations set forth in the Online Services section of this Agreement (below), you will also have twelve (12) months of access to the Online Services through the Software. * Quicken Advantage (which may also be called Quicken XG Advantage): Quicken Advantage is a service made available by Intuit Canada through a monthly or annual subscription, which includes a limited, non-exclusive right to use Quicken XG 2003 (and subsequent versions of this Software when made available by Intuit Canada as part of Quicken Advantage) for the duration of the subscription period (subject to the terms contained in this Software License Agreement). This service is continually updated by Intuit Canada, and includes access to the Online Services through the Software as part of the subscription for the duration of the subscription period. All time periods for use of the Software and the Online Services begin from the date of activation of your Software (see the Software Activation section below). Once your period of access to Online Services has expired, you will no longer be able to access the Online Services through the Software (irrespective of what you may have independently agreed with any third party online services provider), with the possible exception of any Intuit Canada Online Services, which Intuit Canada may continue to make available in its sole discretion. If you have questions about your version of the Software or other questions about the terms of your license, please call Intuit Canada at 1-888-829-8684. Other License Terms and Restrictions A. License Grant for Software Subject to the terms and conditions of this Agreement, you are granted a limited non-exclusive license to use a copy of your version of the Software to the extent set forth above on one (1) computer used by a single household located within the geographic boundaries of Canada (except that use is permitted outside of Canada during temporary travel abroad). 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, 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 Canada, which will allow the subsequent Licensee to assume your rights as a Licensee of the Software. B. Restrictions You agree not to: (1) make additional copies of the Software except for your own use, as provided above; (2) enable others to use your registration code(s), Installation Key(s), Activation Key(s), or serial numbers (if any); (3) give a copy or copies of the Software to another person who has not purchased a license for the Software from Intuit Canada; (4) install the Software on computers used by individuals who have not purchased the appropriate licenses for the Software from Intuit Canada; (5) duplicate the Software by any other means including electronic transmission; or (6) copy the printed materials or user documentation accompanying the Software, if any. The Software in its entirety is protected by copyright laws. The Software also contains the trade secrets of Intuit Canada and third parties, and you may not decompile, reverse engineer, disassemble, or otherwise reduce the Software to human-perceivable form or disclose such trade secrets. You may not attempt to modify, adapt, translate, rent, sublicense, assign, loan, resell for profit, distribute, or network, the Software, Disk(s), or related materials or create derivative works based upon the Software or any part thereof. Software Activation In order to use the Software after installation, you are required to provide Intuit Canada, via the Internet, with the unique 12-digit "Installation Key" that you receive with the purchase of your Software. If you do not have an Internet connection, you may activate your Software over the telephone by calling 1-888-829-8684. If there is no problem concerning the Installation Key you provide to Intuit Canada, you will receive an "Activation Key" from Intuit Canada, which will unlock the Software for your use. You can find more information about the Activation Key if you press "Help" on the Software activation screen. This process will enable Intuit Canada to provide you with necessary updates and other information. Should the activation process not work successfully even after you have followed the directions in the Software documentation, please contact Intuit Canada in order to resolve your problem. Service Fee for Quicken Advantage Quicken Advantage is a subscription-based service, which includes the use of Quicken XG 2003. By subscribing to Quicken Advantage, you authorize Intuit Canada, once every calendar month, once annually, or at such other intervals as Intuit Canada may offer (your "Service Period"), to charge to your credit card or deduct from your bank account (as identified by you) a fee, plus any and all applicable taxes, for access to Quicken Advantage (the "Service Fee"). Any other fees owed by you under this Agreement will be charged to your credit card or deducted from your bank account at the time such fees are due. The current Service Fee per Service Period for each available Quicken Advantage plan can be accessed online via http://www.quickensoftware.ca Intuit Canada may modify the Service Fee at any time by providing you with notice as set forth in the Notice section below. However, in the first year from the date you first subscribed to Quicken Advantage, your Service Fee will not increase provided that your account at no time falls into arrears. If you upgraded to Quicken Advantage through a special offer made available to purchasers of Quicken XG 2003 in which the purchase price paid for the Software was credited against the Service Fees for your first year of your subscription, as part of the credit, you will have access to the Online Services for twelve (12) months from the activation date of the Software from which you are upgrading to Quicken Advantage. Thereafter, access to Online Services will be contingent on you paying Service Fees for your subscription. It is your sole responsibility to ensure that Intuit Canada has valid and current information as is necessary for Intuit Canada to process the Service Fee and other applicable fees related to Quicken Advantage subscriptions. If your credit card is declined, expired or the credit card issuer otherwise denies payment, or your bank declines a permitted charge to your account, Intuit Canada may continue to try to process your payment and/or charge you an administrative fee. Further, if your account falls into arrears, you will be denied access to Quicken Advantage which will not be reinstated until you pay all past due Service Fee(s), applicable administrative fees, and, as determined by Intuit Canada in its discretion, prepay the monthly Service Fee for up to three (3) months in advance. If your account remains in arrears for three (3) months and you desire to use Quicken Advantage, Intuit Canada may require that you re-subscribe to Quicken Advantage, pay a re-activation fee, and pay all other fees and costs owed by you under this Agreement. If you fail to timely pay amounts owed on your account at any time, Intuit Canada may send your account to a collections agency. Quicken Advantage Cancellation Policy, Early Cancellation/Termination Fee and Reactivation Fee You may cancel your subscription to Quicken Advantage at any time by notifying Intuit Canada of your cancellation in accordance with the Notice section below. Intuit Canada will charge your credit card or bank account all Service Fees and any other fees then owed by you under this Agreement until your cancellation take effect. Your cancellation will be effective by the close of the Service Period in which Intuit Canada receives your cancellation notice, however, if Intuit Canada receives your notice with less than five (5) business days (which are Monday through Friday, not including holidays as recognized in Alberta, Canada) left in the then existing Service Period, your cancellation will take effect at the close of the following Service Period, which in no event shall exceed one (1) calendar month. For example, if your subscription started on January 15, and Intuit Canada received your cancellation notice on October 20, your cancellation would be effective by November 15, however if Intuit Canada received your cancellation notice on or after November 10, your cancellation would be effective by December 15 and you would be required to pay for the Service Period which started on November 15. Unless you cancel your subscription to Quicken Advantage or reject this Agreement (i) within ten (10) days of purchase, or (ii) pursuant Intuit Canada's sixty (60)-day money back guarantee, all Service Fees paid by you are non-refundable. If (i) you cancel your subscription to Quicken Advantage after the first sixty (60) days but within one (1) year of the start of your first Service Period, or (ii) Intuit Canada terminates this Agreement because of a breach by you within one (1) year of the start of your first Service Period, you will be immediately charged an "Early Cancellation/Termination Fee", plus any and all other fees and taxes owed by you under this Agreement. The Early Cancellation/Termination Fee shall be the Services Fees for twelve months minus Service Fees already paid by you. For example, if you cancel your Quicken Advantage subscription after five (5) months of subscribing, your Early Cancellation/Termination Fee will be the Service Fees for seven (7) months. You accept and agree that Intuit Canada may automatically bar your access to Quicken Advantage upon cancellation/termination of this Agreement. Different cancellation rules apply if you upgraded to Quicken Advantage through a special offer made available to purchasers of Quicken XG 2003 in which the purchase price paid for the Software was credited against the Service Fees for your first year of your subscription. In this situation, if prior to twenty-four (24) months having elapsed from your activation of Quicken XG 2003 from which you upgraded to Quicken Advantage, (i) you cancel your subscription to Quicken Advantage (ii) Intuit Canada terminates this Agreement because of a breach by you of the Agreement, you will be immediately charged an "Early Cancellation/Termination Fee", plus any and all other fees and taxes owed by you under this Agreement. The amount of this "Early Cancellation/Termination Fee" set forth can be accessed online via http://www.quickensoftware.ca In the event you cancel your Quicken Advantage subscription or Intuit Canada terminates this Agreement due to a breach by you, and you request to re-subscribe to Quicken Advantage within twelve (12) months of the effective date of your cancellation/termination, and your request is granted by Intuit Canada, you will be subject to the terms of the then current Software License and Services Agreement for Quicken Advantage, and you will be required to pay a re-activation fee as well as any outstanding fees owed by you to Intuit Canada. The amount of the re-activation fee can be accessed online via http://www.quickensoftware.ca If you upgraded to Quicken Advantage through a special offer made available to purchasers of Quicken XG 2003 in which the purchase price paid for the Software was credited against the Service Fees for your first year of your subscription, you will not be able to receive a refund of the Service Fees in the event you cancel your subscription to Quicken Advantage during your Service Period. Replacement Intuit Canada shall, at its option, repair/replace a defective Software disk(s) at no charge to you, provided that you deliver to Intuit Canada a replacement request, the defective disk(s), and your dated proof of purchase, within sixty (60) days from your Software purchase date. Any disk(s) replacement requests received by Intuit Canada more than sixty (60) days from the purchase date, shall be fulfilled by Intuit Canada(subject to availability) provided that your replacement request includes the defective disk(s), your dated proof of purchase, and your applicable cheque for the cost of a replacement disk(s) plus, for all orders shipped within Canada, applicable provincial and local sales tax, as well as tax on shipping and handling fees. (The current fees for replacement a disk(s) are available via http://www.quickensoftware.ca) For a Software disk(s) that was pre-installed on your computer when you bought it or came packaged with your computer at no extra charge, and the Software is defective or was installed improperly, you may be able to obtain replacement disk(s) 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 computer manufacturer. If you obtained the Software by downloading it onto your computer, and the Software did not install properly, try installing it again and then contact the provider of the download site before contacting Intuit Canada Customer Service. All requests for replacement disk(s) sent to Intuit Canada must be sent via registered mail to: Intuit Canada Partnership, P.O. Box 4182, Edmonton, Alberta, T6E 4T2. 60-Day Money Back Guarantee If you determine that you are not satisfied with the Software you may cancel your order and this Agreement for a full refund (minus applicable shipping and handling fees) if, within sixty (60) days of subscribing, you: (a) return all items provided to you as part of your Software purchase, your notice of cancellation, and documentation evidencing the date and purchase price (or, in the case of Quicken Advantage, the Service Fee). If your purchase was through a retail store, return these items to the store at which you made the purchase (if the store is unable to issue a refund, call Intuit Canada Customer Service at 1-780-440-5952). If you made your purchase directly from Intuit Canada, send the items to: Intuit Canada, a General Partnership, P.O. Box 4182, Edmonton, Alberta, T6E 4T2; (b) delete any Software and documentation downloaded or loaded onto your computer; and (c) destroy any and all copies made by you (or with your permission) of any portion of the Software. Services and Support Your license for the Software includes access to any updates, error corrections and new releases of the Software that Intuit Canada may provide to Software customers to the extent made available during the license period for the applicable version of the Software. Intuit Canada's obligations hereunder are contingent upon you installing all updates and error corrections within thirty (30) days of the same being provided to you by Intuit Canada or its subsidiaries, affiliates, licensors, third-party content or service providers, distributors, dealers or suppliers. At the discretion of Intuit Canada, your license for Quicken Advantage may permit you to receive a specified number of consultations for technical support ("Support"), which shall be valid for a period of one (1) year commencing on the date you first subscribed to Quicken Advantage. Your number of Support consultations (if any) shall be specified in your Quicken Advantage subscription plan on the date your subscription began. Thereafter, if you continue your subscription to Quicken Advantage, your permitted number of Support consultations (if any) for the subsequent one (1) year period(s) will be based on the amount of Support consultations included in your subscription plan on the anniversary date of your subscription. Unused Support consultations automatically expire at the end of each year of your subscription, and are not carried over into subsequent subscription periods. Available subscription plans can be accessed online at http://www.quickensoftware.ca Subject to the above conditions and limitations, Intuit Canada, in its sole discretion, may make available to you support for the current release/version of the Quicken Advantage Software and the immediately preceding release/version for a period of six (6) months following the date that the subsequent release/version is made generally available to Quicken Advantage subscribers. Any Support consultations provided to you in excess of the number of instances included in your Quicken Advantage subscription plan (if any) will be subject to Intuit Canada's then-current applicable fee. A list of current support fees can be found online at http://www.quickensoftware.ca As determined by Intuit Canada in its sole discretion, Quicken Advantage is provided (a) electronically via the world-wide-web and/or (b) via media (e.g. CD-ROM). You may be charged an additional fee if Intuit Canada makes any portion of Quicken Advantage available (i) both electronically and via media and you choose media, or (ii) in different media forms and you chose a form which is identified as having an additional fee. It is your sole responsibility to establish and maintain adequate access to the world-wide-web in order to receive Quicken Advantage and to maintain in good working order the computer on which you will access Quicken Advantage. Notice From time to time Intuit Canada may modify any term or condition of this Agreement. Intuit Canada will notify you of such modifications by making through making notice(s) of such modifications and the most current version of this Agreement available online by accessing the appropriate web page(s) from http://www.quickensoftware.ca In its sole discretion, Intuit Canada may also provide notification by other means such as to the e-mail and/or postal address provided by you to Intuit Canada. Unless stated otherwise in this Agreement, the effective date of a modification to this Agreement shall be as specified in the applicable notice but, in no event, shall it be less than sixty (60) days from the date the notice was first made accessible at the above Internet address. You agree that it is your sole responsibility to routinely visit this web page for such notices and to ascertain how any modifications to this Agreement may impact your use of the Software. Your continued use of the Software will indicate your agreement to any such modification(s). Any notification to be provided by you to Intuit Canada under this Agreement must be made by one of the following means: (a) a letter sent via facsimile to (780) 468-1984; (b) a telephone call to (780) 440-5952; 0r (c) a letter mailed to Intuit Canada, a General Partnership, P.O. Box 4165, Edmonton, Alberta, T6E 4T2 If you have any questions concerning this Agreement, you may contact Intuit Canada by writing to Intuit Canada, a General Partnership, P.O. Box 4182, Edmonton, Alberta T6E 4T2, Attn: Legal Department. Termination This Agreement may be terminated by Intuit Canada 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. Intuit Canada may also terminate your rights to Quicken Advantage at any time by providing you with no less that ninety (90) days notice. Upon any such termination by Intuit Canada, you must immediately return to Intuit Canada the Software and all other materials provided to you under this Agreement, as well as destroy any complete and partial copies of the Software, including all backup copies and all other materials provided as part of the Software. Disclaimer of Warranties EXCEPT AS PROVIDED ABOVE, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SOFTWARE, DISK(S), RELATED DOCUMENTATION AND OTHER MATERIALS, CONTENT, AND/OR RELATED SERVICES (INCLUDING THE ONLINE SERVICES) ARE PROVIDED "AS-IS," AND TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, INTUIT CANADA AND ITS SUBSIDIARIES, AFFILIATES, LICENSORS, PARTICIPATING FINANCIAL INSTITUTIONS, THIRD-PARTY CONTENT OR SERVICE PROVIDERS, DISTRIBUTORS, DEALERS OR SUPPLIERS ("REPRESENTATIVES") DISCLAIM ALL OTHER REPRESENTATIONS AND WARRANTIES, EXPRESS OR IMPLIED, REGARDING THE SOFTWARE, DISK(S), RELATED DOCUMENTATION AND OTHER MATERIALS, CONTENT AND ANY SERVICES, INCLUDING THEIR FITNESS FOR A PARTICULAR PURPOSE, THEIR QUALITY, THEIR MERCHANTABILITY, OR THEIR NONINFRINGEMENT. INTUIT CANADA DOES NOT WARRANT THAT THE SOFTWARE 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 CANADA WARRANT ACCESS TO THE INTERNET OR TO ANY OTHER SERVICE THROUGH THE SOFTWARE. YOU ACKNOWLEDGE AND AGREE THAT YOU MUST: (A) PROVIDE YOUR OWN ACCESS TO THE INTERNET AND 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 INTERNET AND THE WORLD WIDE WEB, INCLUDING A COMPUTER AND A MODEM. SOME JURISDICTIONS MAY NOT ALLOW THE EXCLUSION OF IMPLIED REPRESENTATIONS, WARRANTIES AND CONDITIONS, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. IN THAT EVENT, TO THE EXTENT YOUR JURISDICTION PERMITS LIMITS ON THE DURATION OF IMPLIED WARRANTIES, ANY IMPLIED WARRANTIES ARE LIMITED IN DURATION TO SIXTY (60) DAYS FROM THE DATE OF PURCHASE OF THE LICENSE FOR THE SOFTWARE OR TO THE SHORTEST PERIOD PERMITTED BY APPLICABLE LAW, IF LONGER. THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY HAVE OTHER RIGHTS AS WELL, WHICH VARY ACCORDING TO JURISDICTION. Limitation of Liability and Damages THE ENTIRE LIABILITY OF INTUIT CANADA OR ITS REPRESENTATIVES FOR ANY REASON SHALL BE LIMITED TO THE AMOUNT PAID BY YOU FOR THE SOFTWARE LICENSED FROM INTUIT CANADA OR ITS AUTHORIZED RESELLER. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, INTUIT CANADA AND ITS 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 CANADA 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. INTUIT CANADA 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 SOFTWARE. SOME JURISDICTIONS MAY NOT ALLOW THE LIMITATION AND/OR EXCLUSION OF LIABILITY FOR CERTAIN CATEGORIES OF DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. THE LIMITATIONS OF DAMAGES SET FORTH IN THIS AGREEMENT ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN INTUIT CANADA AND YOU. INTUIT CANADA WOULD NOT BE ABLE TO HAVE PROVIDED THIS PRODUCT OR SERVICES WITHOUT SUCH LIMITATIONS. Online Services Access to Third Party Online Services is provided by your financial institution or other third parties, and not Intuit Canada. Third Party Online Services shall also include services available to you in or from the Software, often co-branded with Intuit Canada and third party brands, in which a third party is primarily responsible for making added functionality available to you. You agree not to hold Intuit Canada liable for any loss or damage of any sort incurred as a result of any such dealings with any services provided by your financial institution or other third party. Intuit Canada generally does not control the independent contractors providing Online Services, and thus such Online Services may not be available to you at all times or for extended periods of time, even if such services are indicated as being available in the Software or documentation or on the Intuit Canada packaging. Online Services will only be available to you through your specific version of the Software for the applicable period of time specified in the section at the beginning of this Agreement under the heading "Terms and Conditions for Each Version of the Software", and Intuit Canada shall not be liable to you due to your inability to access such Online Services after the expiration of the applicable time period irrespective of what you may have independently agreed with third party service providers. All Online Services are subject to change without notice. Your access 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 service provider. You may be billed for Third Party Online Services by your financial institution or other third party, not Intuit Canada, and such financial institution or other third party may have its own service agreement which will govern the Third Party Online Services it provides. You agree to be responsible for all telephone charges associated with your Internet and Online Services usage. In the Windows version of the Software, access to Online 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 is designed for high security, 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. Because most of these factors are beyond Intuit Canada's control, you agree that Intuit Canada is not liable for safeguarding your PIN data. Export Restrictions You acknowledge and agree that the Software is subject to restrictions and controls imposed by the Export and Import Permits Act (Canada) and Regulations under the Export and Import Permits Act (the "Acts") as well as by the United States Export Administration Act and Export Administration Regulations. You agree and certify that neither the Software nor any part or direct product thereof is being or will be acquired, shipped, transferred or exported, directly or indirectly, outside Canada (other than to the United States) or is being or will be used for any purpose prohibited by the Acts; provided, however, that any person may travel to countries not prohibited by the Acts with the Software when it is installed on their personal computer and not otherwise used or transferred in violation of the Acts. General Provisions This Agreement does not limit any rights that Intuit Canada may have under trade secret, copyright, patent, trademark or other laws. The Representatives of Intuit Canada are not authorized to make modifications to this Agreement, or to make any additional representations, commitments, or warranties binding on Intuit Canada, other than in writing signed by an officer of Intuit Canada. Accordingly, such additional statements are not binding on Intuit Canada and you should not rely upon such statements. If any provision of this Agreement is invalid or unenforceable under applicable law, then that provision will, to the extent necessary, be deemed amended or omitted, and the remaining provisions will continue in full force and effect. The validity and performance of this Agreement shall be governed by Alberta law (without reference to conflicts or choice of law principles), except as to copyright and trademark matters, which are covered by Canadian federal laws and international treaties. This Agreement is deemed entered into at Edmonton, Alberta, and shall be construed as to its fair meaning and not strictly for or against either party. The Software may contain dated information. Use of the Software is based on your understanding that the Software may not include all the information or the most current information relevant to your particular needs or situation. Consumer Information and Privacy Intuit Canada's privacy policy (which can be found at Intuit Canada's home page, www.intuit.com/canada) sets forth the means by which Intuit Canada collects, uses and shares personal information of its customers of the Software. Subject to changes in applicable law and Intuit Canada's privacy policy, Intuit Canada collects and uses that personal information of its customers to fulfill a customer's request for products or services, including without limitation for Intuit Canada to enable the customer to use the Software and Online Services and receive updates and upgrades. Intuit Canada also combines personal information to use in the aggregate (and in a manner that does not identify any particular customer) in order to improve existing products and services and develop new ones. All other Intuit Canada uses of customer personal information are done with the customer's consent. Intuit Canada does not share or sell customer personal information with any third parties (excluding those which are providing Third Party Online Services or other services on Intuit Canada's behalf) without the customer's express consent. Intuit Canada provides its customers with the means to verify and correct (if necessary) the accuracy of their personal information as maintained by Intuit Canada, as well as the ability to change or withdraw their consent to secondary uses of their personal information. Information About Other Investment Products or Features Various Intuit Canada products, including the Software, may contain financial information or retirement, financial planning, or investment features. Such information or features are often licensed by Intuit Canada from third party licensors. Neither Intuit Canada (including its subsidiaries or affiliates) nor such third-party licensors have any control over your use of the Software and related services or financial information. Neither Intuit Canada(including its subsidiaries or affiliates) nor such third-party licensors warrant the performance or results that may be obtained by its use. Neither Intuit Canada (including its subsidiaries or affiliates) nor such third party licensors represent, warrant, or guarantee the accuracy or timeliness of the data contained in the Software or printed materials and neither 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 Software or printed materials. Various information in the Software constantly changes, and the information in the Software may not be current or accurate. The Software should not be used without confirming research from other sources, obtaining up-to-date information, and separate analysis by the user of your own particular investment situation. Intuit Canada(including its subsidiaries or affiliates) does not recommend, guarantee, or represent that the Software will predict the future performance of investments or securities of any kind. Neither Intuit Canada (including its subsidiaries or affiliates) nor its third party licensors specifically guarantee or represent that analysis of past investment performance can predict future investment performance. Moreover, the Software does not recommend or endorse any specific investment or any particular mutual fund, nor does the Software offer customized tax, legal, or investment advice or strategies. Prior to any investment, you should consult professional advisers such as your accountant, attorney, or broker for this advice. Trademarks Easy Step, Intuit, the Intuit Logo, MacInTax, Quicken, QuickBooks, Qcard, and TurboTax are registered trademarks or service marks of Intuit Inc. or one of its subsidiaries. Billminder, Bizminder, Business Cash Finder, Deduction Finder, Easy Quote, End Financial Hassles, Financial Calendar, Impot Rapide, Impot Rapide Edition Pro, IntelliCharge, Open Financial Exchange, Pocket Quicken, QuickBooks Payroll Service, QuickBooks Pro, QuickBooks Pro Payroll Service, QuickBooks logiciel comptable, QuickBooks Pro logiciel comptable, QuickFill, QuickInvoice, QuickMath, Quick Pay, Quick Report, Quick Scroll, QuickTax, QuickTax Deluxe, QuickTax for Macintosh, QuickTax ProSeries, QuickTax Web, QuickTaxWeb.ca, Quick Tour, QuickWealth Planner, Quick Zoom, Quicken Advantage, Quicken.ca, Quicken Deluxe, Quicken French, Quicken Home & Business, SmartAudit, TaxAdvisor, Tax Partner, TurboForms, and "Revolutionizing How People Manage Their Financial Lives" among others, are trademarks or service marks of Intuit Canada, Intuit Inc. or one of its subsidiaries. RSA Digital Signature and the RSA Logo are trademarks or registered trademarks of RSA Data Security, Inc. in the United States and other countries. America Online and AOL are registered trademarks and service marks of America Online, Inc. in the United States and other countries. Microsoft and Microsoft Internet Explorer registered trademarks of Microsoft Corporation in the United States and other countries. Quicken contains Macromedia Shockwave(TM) Player and Macromedia Flash(TM) Player software by Macromedia, Inc., Copyright © 1995-2002 Macromedia, Inc. All rights reserved. Macromedia, Shockwave, and Flash are trademarks or registered trademarks of Macromedia, Inc., in the United States and other countries. Castanet(TM) technology by Marimba, Inc. Copyright © 1996-2002 Marimba, Inc. Castanet and Marimba are trademarks or registered trademarks of Marimba, Inc. in the United States and other countries. Portions copyright © eHelp Corporation 2001. All rights reserved. All other product names, company names, trademarks and service marks are the property of their respective owners and should be treated as such. Some names, company names, and data used in examples and help content are fictitious and are used for illustration purposes only. Any resemblance of fictitious data to a real person or company is purely coincidental. Language It is the express wish of the parties that this agreement and all related documents be drawn up in English. C'est la volonté expresse des parties que la présente convention ainsi que les documents qui s'y rattachent soient rédigés en anglais. Copyright Copyright © 1998, 1999, 2000, 2001 Intuit Canada Limited. Copyright © 2002 Intuit Canada, a General Partnership. All rights reserved.