PROFILE 2011 TAX YEAR SOFTWARE LICENSE AGREEMENT

Copyright © Intuit Canada ULC, 2011. (Intuit Canada will hereafter be referred to as "Intuit", or "our"). All rights reserved.

Thank you for selecting ProFile software. This Software License Agreement (the "License Agreement") gives you ("you" and "your" means you or the legal entity that you are authorized to represent and on whose behalf the Software is licensed) certain rights and responsibilities governing your use of OnePay, Basic, Premier, and/or Trial versions of the following software applications in the ProFile Professional Tax Suite: ProFile T1, ProFile T1/TP1, ProFile T2, ProFile T2 Basic Corporate Efile Add-on, ProFile FX, ProFile FX/Q, ProFile T3 and ProFile T3/TP-646, (the "ProFile Software" or the "Software"), and all associated documentation ("Documentation"), which are owned by Intuit. If the ProFile Software you are licensing is bundled with other third party software programs, this License Agreement covers only the ProFile Software; use of other third party software programs is governed by separate end user license agreements which may contain different terms and conditions.

In addition to the ProFile software, the term "Software" includes any other programs, tools, internet-based services, components and any "updates" (for example, Software maintenance, service information, help content, bug fixes, or maintenance releases etc.) of the Software that Intuit provides or makes available to you after the date you obtained your initial copy of the Software. You are entitled to download updates to the Software that Intuit generally makes available to other users of the Software.

READ THIS LICENSE AGREEMENT CAREFULLY AND INDICATE YOUR AGREEMENT TO COMPLY WITH ITS TERMS IF YOU WISH TO COMPLETE YOUR INSTALLATION OF THE SOFTWARE (AS DEFINED BELOW). BY CLICKING "I AGREE" BELOW AND COMPLETING INSTALLATION OF THE SOFTWARE, YOU AGREE THAT YOU HAVE READ AND UNDERSTOOD THIS LICENSE AGREEMENT AND THAT YOU ACCEPT ITS TERMS AND CONDITIONS, TO THE EXCLUSION OF THE TERMS AND CONDITIONS OF ANY OTHER WRITTEN OR VERBAL UNDERSTANDING. IF YOU DO NOT ACCEPT THE TERMS AND CONDITIONS OF THIS LICENSE AGREEMENT, CLICK "I DISAGREE" BELOW, DO NOT COMPLETE INSTALLATION OF THE SOFTWARE, AND PROMPTLY RETURN THE ENTIRE PACKAGE AND YOUR RECEIPT TO INTUIT AT THE ADDRESS INDICATED BELOW.

LICENSE CODES

You will need a valid license code to install and run the Software. A ProFile Software license code (the "License Code" or the "Code") includes an encrypted reference to a user name; therefore you must enter your user name correctly to install and to run ProFile. In addition, ProFile trial version License Codes (codes to install and run the Software for a specified evaluation purposes) include an encrypted expiry date. Your use of the Software’s trial version must fall within the trial period (identified under Trial License below) in order to install and run such versions of the Software.

When you order the Software online or when you download a trial version, you will receive an email with a License Code from Intuit.  If you do not have Internet access, you may call or fax the Intuit office (phone: 1 800 452 9970; fax: 1 800 792 4044) to purchase ProFile Software on a CD and obtain your License Code.

If you have purchased a license already and you decide to evaluate one or more other ProFile applications, you will enter the associated trial License Code by selecting Help > License from the ProFile menu.

Please contact Intuit by calling 1-800-452-9970 in order to resolve any problems you may encounter when installing the ProFile Software.

TYPES OF PROFILE SOFTWARE LICENSES

Intuit offers different types of ProFile Software licenses: OnePay, Basic, Premier, Enterprise and Trial Licenses, with terms designed to meet the needs of our customers.

OnePay. OnePay licenses allow a single user to prepare and print a single federal and related provincial tax return(s). No multiple-user site license is available for OnePay. Under a single user license, one user can load the Software onto any number of computers for use by the licensed user. Returns for additional clients may be prepared after paying another OnePay license fee for each additional tax return. Obtain a OnePay license from within ProFile, by selecting to open a new return. If you do not have a Basic, or Premier License Code for the type of file selected, you will connect to our website where you may purchase a OnePay License Code online. There is no OnePay license option for ProFile FX or ProFile FX/Q.

Basic License. A Basic License entitles a single user to prepare an unlimited number of tax returns. Most forms and basic software features are included in a Basic License. Refer to www.profile.intuit.ca/professional-tax-software/catalogue.jsp for more information.

Premier License. A Premier License entitles a single corporation / proprietorship / legal partnership with up to eight users at a single location to use the ProFile Software to prepare an unlimited number of returns. A Premier License includes the most comprehensive set of forms and features.

Trial License. When you download ProFile Software from our website (www.profile.intuit.ca/professional-tax-software/index.jsp) for evaluation purposes, you automatically receive a Trial License Code by email. Trial versions of the Software are identical to Premier versions in every respect, except that you are not authorized to electronically file a return while using a Trial Code, and any forms you print or send to PDF will include a "TRIAL" watermark in the background.

You may phone Intuit to request ProFile Software on a CD, along with a Trial License Code. Trial License Codes allow access to the Software for seven (7) days. After the seven (7) day trial period expires, the Software will display the "License" dialog box when you launch the Software, and will not allow you to proceed until you enter a valid License Code.

AGREEMENT TERMS

1. Grant of License. Intuit grants you and you accept a limited, non-exclusive and non-transferable license to use the ProFile Software, any final edition thereof, and any updates or maintenance releases thereto , together with any related Documentation, delivered with this License Agreement according to the terms set forth in this License Agreement.

 Intuit shall have the right to change or add to the terms of this License Agreement at any time and to change, delete, discontinue or impose conditions on any feature or aspect of the Software or its use or Services (including internet based services, pricing, technical support options, and other product-related policies) upon notice by any means Intuit determines in its sole discretion to be reasonable, including sending you an email notification or posting information concerning any such change, addition, deletion, discontinuance or conditions in the Software or any Intuit sponsored web site, including www.profile.intuit.ca/professional-tax-software/index.jsp.

 This License Agreement does not limit any rights that Intuit may have under trade secret, copyright, patent, trademark or other laws.

2. Term. The License Agreement is effective from the day you install the Software and continues until this License Agreement is terminated as provided below.

3.  Ownership, Copyright and Proprietary Markings. The Software is licensed, not sold and Intuit reserves all rights not expressly granted to you in this License Agreement. The Software and Documentation is protected by copyright, trade secret and other intellectual property laws. Intuit and its licensors own the title, copyright, and other worldwide intellectual property rights in the Software and Documentation and all copies of the Software and Documentation. This License Agreement does not grant you any rights to trademarks or service marks of Intuit.

You agree that you will use your best efforts and take all reasonable steps to protect the Software and Documentation from unauthorized use, reproduction, publication, disclosure or distribution.

4. Your Responsibilities. You are responsible for: (a) determining whether the Software will achieve the results you desire; (b) procuring, installing and operating the recommended computer and operating system to run the Software; (c) providing a proper environment and proper utilities for the computer on which the Software operates (including in many cases Internet access for Third Party Services and other services); (d) ensuring that you and your personnel have adequate training to operate the computer and are familiar with the accounts and records that serve as input and output for the Software; and (e) establishing adequate operational back-up provisions in the event of a defect or malfunction that renders the Software or the computer system on which it runs non-operational.

5. Restrictions on Use. You may install the Software on computers that are accessible to no more than the number of users covered by your Software License (see "Types of ProFile Software Licenses" above). You may share your Software CD or installation program with someone else, provided such other person purchases a new License Code from Intuit. You are not authorized to provide your License Code to any individual with whom you share the Software. You may make one backup copy of the Software solely for archival or replacement purposes (if anything happens to the original Software), which copy shall also be automatically subject to this License Agreement. Intuit  offers you the option of purchasing additional OnePay License Codes to produce additional tax returns.

You may not: use, copy or transfer the Software, in whole or in part, except as provided herein; alter, merge, modify, adapt, rent, sublicense, assign, loan, resell, distribute, network, decompile or reverse engineer the Software; remove, obscure, or alter any Intuit patent, copyright, trademark or other proprietary rights notices.
 
6. Limited Warranties. For a period of sixty (60) days from the date that you receive the Software and Documentation, Intuit warrants that:

(a) you may return the Software if the Software does not meet your expectations pursuant to section 7 below. 

Until December 15 of the applicable tax year in which a T1 return is required to be filed, Intuit also warrants:

(b) the ProFile T1 and ProFile T1/TP1 Software will calculate your federal tax return accurately during your authorized use. If the CRA assesses a higher amount of tax payable than ProFile T1 or ProFile T1/TP1 calculated, you may be entitled to an additional remedy (see "Remedy" later in this section), provided that the discrepancy was solely the result of a calculation error on a form prepared using the Software and not a result of, among other things:
 
i) your failure to enter all required information accurately;
 
ii) your negligent, willful or fraudulent omission of pertinent information, or your inclusion of inaccurate information on the affected tax return;

iii) your misclassification of information on the tax return;

iv) your failure to install ProFile updates on a timely basis;

v) your failure to enter information according to workaround solutions that address known issues in the Software which Intuit  communicates to you by email or through the process of checking for software updates; or,

vi)  your failure to file an amended tax return to avoid or reduce your interest charges after Intuit announced updates or corrections to the Software that would have allowed you to file an amended tax return before the filing deadline.

7. Intuit Services and Third Party Services (together "Services").

A. Intuit Services.
 
Import Services. The Software may include a feature that allows you to import certain tax-related information from participating accounting software, payroll processors, financial or other institutions (the "Import Services"). If the Import Services are available and you choose to use them, you are responsible for verifying the accuracy of the information that is imported; Intuit bears no responsibility for its accuracy. Should you take advantage of the Import Services, your relationship concerning the Import Services will be with the applicable information providers, and Intuit disclaims all liability that might arise from your use of the Import Services.

Feedback. Intuit  may provide you with a mechanism to provide feedback, suggestions and ideas, if you choose, about its software and services ("Feedback"). You agree that Intuit may, in its sole discretion, use the Feedback you provide to Intuit in any way, including in future modifications of the Software, multimedia works and/or advertising and promotional materials relating thereto. You hereby grant Intuit a perpetual, worldwide, fully transferable, non-revocable, royalty free license to use, modify, create derivative works from, distribute and display any information you provide to Intuit  in the Feedback. 

Online Communities.

 (i)  The Software may include a feature that allows you to exchange useful and helpful information with other users of ProFile ("Live Community").  Internet access is required to use Live Community. Please respect and interact with other users as you would in any public arena when using the Live Community feature. Exercise your judgment in evaluating and acting on (or ignoring) other users' Live Community sessions. Remember, due to the anonymous nature of the Internet, other Live Community users may not be who they say they are, know what they say they know or be affiliated with whom they say they are affiliated. You agree that Intuit does not endorse and is not responsible for the accuracy of the content in Live Community, and will not be liable for any damages incurred as a result of the submission or use of any such content. Live Community users may post hypertext links to content hosted and maintained by third parties. Intuit has no obligation to monitor these linked sites, and is not responsible for them. Your access to any linked sites is at your own risk, so use good judgment before you click on any link or access any linked site. Do not reveal information that you do not want to make public, such as by posting your contact information or email address while using Live Community. Intuit reserves the right to monitor the Live Community content and designate Intuit employees to act as monitors. Additionally, Intuit reserves the right to edit, remove or refuse to remove Live Community content in its sole discretion. 

 (ii)  Conduct. You agree not to upload, post or otherwise transmit any content (including but not limited to text, links, communications, software, images, sounds, data or other information) that contains:

Inappropriate content such as: profanity, objectionable material of any kind, links to websites that contains information about illegal activity, information or software that contains a virus, Trojan horse, or other harmful or disruptive component.

Spam such as: commercial solicitations, chain letters, securities offerings, repetitive, pointless or irrelevant postings.

 Attacks such as: "flaming" other participants in a manner that might incite or perpetuate a conflict or argument, creating usernames to attack other participants' identities, impersonating other individuals or falsely representing your identity or qualifications, postings that breach any users' privacy.

B. Third Party Services. Services, products, offers and promotions provided by third parties, and not by Intuit, are made available in connection with the marketing, distribution and use of the Software ("Third Party Services"). Third Party Services may be made available to you in or from the Software, often co-branded with Intuit and third party brands, in which a third party is primarily responsible for making added functionality available to you, or providing certain information to you. You are responsible for reviewing and understanding the terms and conditions governing your use of any Third Party Services and your use of such Third Party Services indicate your acceptance of such terms and conditions. Intuit is not responsible for performance in connection with the Third Party Services, or the accuracy of information provided to you by Third Party Service providers, even if you accessed such Third Party Service from the Software. Intuit generally does not control the Third Party Service providers, and thus such Third Party 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 Software packaging. In addition, all Third Party Services are subject to change without notice from Intuit.

C. Third Party Websites. The Software and Services may contain or reference links to websites operated by third parties ("Third Party Websites"). These links are provided as a convenience only. Such Third Party Websites are not under the control of Intuit. Intuit is not responsible for the content of any Third Party Website or any link contained in a Third Party Website. Intuit does not review, approve, monitor endorse, warrant, or make any representations with respect to Third Party Websites, and the inclusion of any link in the Software or Services is not and does not imply an affiliation, sponsorship, endorsement, approval, investigation, verification or monitoring by Intuit or its Suppliers (defined below) of any information contained in any Third Party Website. In no event will Intuit or its Suppliers be responsible for the information contained in such Third Party Website or for your use of or inability to use such website. Access to any Third Party Website is at your own risk, and you acknowledge and understand that linked Third Party Websites may contain terms and privacy policies that are different from those of Intuit and its Suppliers. Neither Intuit nor its Suppliers are responsible for such provisions, and expressly disclaim any liability for them.
 
 The telecommunications delivery systems, such as the Internet, used for the Services can perform unpredictably, may not be continuous, and may, for example, affect access to or the performance of the Services. You agree that Intuit is not in any way responsible for any such interference with, or interruption to, your use of or access to the Services. In this regard, you are responsible for providing, at your expense, any access to the Internet and any required equipment. Further, Intuit may at any time change or discontinue any aspect, availability or feature of the Services.

8. Liability of Intuit. YOU ACKNOWLEDGE THAT THIS LICENSE AGREEMENT CONTAINS A COMPLETE STATEMENT OF THE UNDERSTANDING BETWEEN YOU AND INTUIT  REGARDING THE SUBJECT MATTER HEREOF, AND THAT THERE ARE NO OTHER PRIOR OR CONTEMPORANEOUS UNDERSTANDINGS, PROMISES, REPRESENTATIONS, OR DESCRIPTIONS REGARDING THE SOFTWARE, DOCUMENTATION, OTHER MATERIALS, OR RELATED SERVICES (IF ANY).

EXCEPT AS MAY BE EXPRESSLY PROVIDED IN SECTION 6 ABOVE, THE SOFTWARE, SERVICES AND ANY DOCUMENTATION ARE PROVIDED "AS-IS" AND TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW INTUIT, A PARTNER OF AND ON BEHALF OF, INTUIT CANADA, A PARTNERSHIP, AND ITS SUBSIDIARIES, AFFILIATES, PARTNERS, LICENSORS, PARTICIPATING FINANCIAL INSTITUTIONS, THIRD PARTY CONTENT OR SERVICE PROVIDERS, DISTRIBUTORS, DEALERS OR SUPPLIERS (COLLECTIVELY, "REPRESENTATIVES") DISCLAIM ALL OTHER REPRESENTATIONS, GUARANTEES, WARRANTIES AND CONDITIONS, WHETHER EXPRESS, IMPLIED, OR STATUTORY REGARDING THIS SOFTWARE, CD, RELATED DOCUMENTATION, AND OTHER MATERIALS AND ANY SERVICES, INCLUDING ANY WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUALITY, MERCHANTABILITY, AND NON-INFRINGEMENT.INTUIT DOES NOT WARRANT THAT THE SOFTWARE OR SERVICES ARE SECURE, FREE FROM BUGS, VIRUSES, INTERRUPTION, ERRORS, OR THAT THE SOFTWARE OR SERVICES WILL MEET YOUR REQUIREMENTS. FURTHER, INTUIT DOES NOT WARRANT ACCESS TO THE INTERNET OR TO ANY OTHER SERVICE OR CONTENT OR DATA THROUGH THE SOFTWARE OR CONTINUED ACCESS TO THE TRIAL VERSION OF THE SOFTWARE OR TO THE DATA ENTERED INTO THE TRIAL VERSION OF THE SOFTWARE AFTER THE TRIAL PERIOD OF TIME IS OVER.

THE SOFTWARE AND ANY RELATED SERVICES OR CONTENT ARE DESIGNED TO OPERATE AND PROVIDE INFORMATION WITH THE UNDERSTANDING THAT INTUIT AND ITS REPRESENTATIVES ARE NOT ENGAGED IN RENDERING LEGAL, ACCOUNTING OR OTHER PROFESSIONAL SERVICE. INTUIT EXPRESSLY DISCLAIMS ANY REPRESENTATIONS OR WARRANTIES THAT YOUR USE OF THE SOFTWARE WILL SATISFY ANY STATUTORY OR REGULATORY OBLIGATIONS, OR WILL ASSIST WITH, GUARANTEE OR OTHERWISE ENSURE COMPLIANCE WITH ANY APPLICABLE LAWS OR REGULATIONS. YOU ARE SOLELY RESPONSIBLE FOR ENSURING THAT YOUR USE OF THIS SOFTWARE, RELATED SERVICES OR CONTENT IS IN ACCORDANCE WITH APPLICABLE LAW.  IT IS YOUR RESPONSIBILITY TO KEEP ABREAST OF CHANGES IN LAWS, REGULATIONS AND ACCOUNTING PRACTICES THAT AFFECT YOU AND YOUR BUSINESS. 

INTUIT DOES NOT WARRANT THAT THE USER WILL ENTER ALL ITEMS REQUIRED FOR A COMPLETE TAX RETURN, OR THAT THE USER WILL OBTAIN THE MAXIMUM TAX REDUCTION IN EVERY CASE. INTUIT DISCLAIMS ANY RESPONSIBILITY FOR ACCURACY OR ADEQUACY OF ANY POSITIONS TAKEN BY USERS IN THEIR TAX RETURNS. INTUIT WILL NOT BE RESPONSIBLE FOR ANY DAMAGES RESULTING FROM THE USE OR MISUSE OF THE DOCUMENTATION AND/OR THE SOFTWARE, INCLUDING ANY INCOME TAXES, PENALTIES, OR INTEREST CHARGES THAT MAY BE ASSESSED BY THE TAXING AUTHORITIES (UNLESS OTHERWISE INDICATED HEREIN).

YOU AGREE THAT IN NO EVENT WILL INTUIT BE LIABLE FOR ANY LOSS, COST, LIABILITY OR DAMAGE INCURRED AS A RESULT OF YOUR RECEIPT OF OR PARTICIPATION IN THIRD PARTY SERVICES. THE ENTIRE CUMULATIVE LIABILITY OF INTUIT AND ITS REPRESENTATIVES FOR ANY REASON ARISING FROM OR RELATING TO THIS LICENSE AGREEMENT SHALL BE LIMITED TO THE REMEDIES SET FORTH IN THE "REMEDY" SECTION OF THIS LICENSE AGREEMENT (SECTION 7). TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, INTUIT AND ITS REPRESENTATIVES SHALL NOT LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES OR FOR ANY DMANAGES RELATING TO ,LOSS OF BUSINESS, TELECOMMUNICATION FAILURES, LOSS, CORRUPTION OR THEFT OF DATA OR INFORMATION, LOSS OF PROFITS OR INVESTMENT, VIRUSES, SPYWARE, TAX POSITIONS TAKEN BY YOU USE OF THE SOFTWARE WITH HARDWARE OR OTHER SOFTWARE THAT DOES NOT MEET INTUIT’S SYSTEM REQUIREMENTS, OR THE LIKE, WHETHER BASED IN  CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, PRODUCT LIABILITY OR OTHERWISE, EVEN IF INTUIT OR ITS REPRESENTATIVES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. IN NO EVENT DOES INTUIT ASSUME ANY LIABILITY TO ANY PARTY OTHER THAN YOU ARISING OUT OF YOUR USE OR INABILITY TO USE THE SOFTWARE OR SERVICES.

SOME JURISDICTION DO NOT ALLOW THE LIMITATION AND/OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN THAT EVENT, TO THE EXTENT YOUR JURISDICTION PERMITS LIMITATIONS ON DURATION OF IMPLIED WARRANTIES, ANY IMPLIED WARRANTIES OR CONDITIONS ARE LIMITED TO THE APPLICABLE PERIOD DESCRIBED UNDER THE "LIMITED WARRANTIES" SECTION, TO THE EXTENT PERMITTED BY APPLICABLE LAW. THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY HAVE OTHER RIGHTS AS WELL, WHICH VARY ACCORDING TO JURISDICTION. THE LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN INTUIT AND YOU. INTUIT WOULD NOT BE ABLE TO HAVE PROVIDED THIS SOFTWARE, DOCUMENTATION OR SERVICES WITHOUT SUCH LIMITATIONS.

No oral or written information or advice given by Intuit and its respective employees or agents shall increase the scope of the above representations, warranties or conditions in this License Agreement or create any new representations, warranties or conditions in connection with the Software, Documentation, Services or this License Agreement.
 
9. Updates. Periodically, Intuit may introduce new versions, or updates to the Software. All updates provided to you shall become part of the Software and be governed by the terms of this License Agreement.

10. Termination.

 (a) Your rights under this License Agreement may be terminated by Intuit immediately and without notice if you fail to comply with any term or condition of this License Agreement. Upon such termination, you must immediately cease using the Software and any Service, and delete or destroy all complete and partial copies of the Software, including all backup copies. Any termination of this License Agreement shall not affect Intuit’s rights hereunder. Any such termination by Intuit shall be in addition to and without prejudice to such rights and remedies as may be available to Intuit, including injunction and other equitable remedies. The provisions of Sections 3, 5, 9, 11, and 12, shall survive the termination of this License Agreement.

 The license granted to you by this License Agreement is effective until terminated. You may terminate the license at any time by destroying all copies of the Software and Documentation, or alternatively, by returning them to Intuit.

(b) Amendment. Intuit shall have the right to change or add to the terms of its License Agreement at any time, and to change, delete, discontinue, or impose conditions on any feature or aspect of Software and Services (including internet based services, pricing, technical support options, and other product-related policies) upon notice by any means Intuit determines in its discretion to be reasonable, including posting information concerning any such change, addition, deletion, discontinuance or conditions in Software or on any Intuit sponsored web site, including www.profile.intuit.ca/professional-tax-software/index.jsp. Any use of the Software by you after Intuit's publication of any such changes shall constitute your acceptance of this License Agreement as modified.

11. Governing Law. This License Agreement is to be governed by and interpreted in accordance with the laws of the Province of Alberta, without regard to its conflicts of law principles. You hereby submit to the exclusive jurisdiction and venue of the courts sitting in Calgary, Alberta in the event of any dispute concerning this License Agreement or the Software and Documentation. If any provision of this License Agreement in any way contravenes the laws of Alberta or any jurisdiction in which this License Agreement is to be performed, such provision shall be deemed to be deleted from this License Agreement and, if any provision of this License Agreement shall be declared by final adjudication to be void, prohibited or unenforceable, it shall not affect the validity or enforceability of any other provision of this License Agreement, and such provision shall be replaced with a valid, enforceable provision that accomplishes, as much as possible, the intent of the unenforceable provision. Any waiver of the terms herein by Intuit must be in a writing signed by an authorized officer of Intuit and expressly referencing the applicable provisions of this License Agreement. Intuit shall not be liable for any default or delay in the performance of its obligations under this License Agreement to the extent its performance is delayed or prevented due to causes beyond its reasonable control, such as acts of God, natural disasters, terrorist acts, war or other hostilities, labor disputes, civil disturbances, the actions or omissions of third parties, electrical or communication system failures, or governmental action.

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 (collectively, the "Act"). 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, or is being or will be used for any purpose prohibited by the Act; provided, however, that any person may travel to countries not prohibited by the Act for a period of three months with the Software when it is installed on their personal computer and not otherwise used or transferred in violation of the Act.

12.Consumer Information/Privacy. The full terms of the restrictions on Intuit for collection, use and disclosure of information that can be used to identify and/or contact you as an individual ("Personal Information") are set forth in the Privacy Statement at www.intuit.ca/about-intuit-canada/info/privacy-policy.jsp (which is subject to change without notice). The Privacy Statement also identifies how you may update your Personal Information, give/withdraw consent, and how to notify Intuit of your concerns regarding your Personal Information.

Intuit may collect certain data relating to your use of the Software to improve the Software’s usability and to enhance the types of data and services we can provide in the Software in the future. The data we collect may include, but not necessarily be limited to, the forms, features, and help topics that you use within the Software. You agree that your affirmative indication of clicking on a "yes, I would like to make the Software better" or other such button in the Software shall constitute your consent for Intuit to collect data relating to your use of the Software. You may opt-out of Intuit collecting such data at any time from within the Software.

13. Trademarks. Intuit, the Intuit logo, among others, are registered trademarks and/or service marks of Intuit Inc. in the United States and/or Intuit Canada ULC, or its affiliates in Canada and other countries. TurboTax, Quicken and ProFile among others, are trademarks and/or service marks of Intuit Inc., or Intuit Canada ULC and may also be marks of Intuit Inc. in the United States and other countries.

 Microsoft and Microsoft Internet Explorer are registered trademarks of Microsoft Corporation.

Any other product names, trademarks, service marks or registered marks, symbols, trade names, company names and/or logos which appear within this product are the property of their respective owners and appear through the courtesy of such owners. Such marks are protected by Canadian law on trademark and unfair competition and may also be registered in the Canadian Intellectual Property Office and/or in the U.S. Patent and Trademark Office.

14. Language. It is the express wish of the parties that this License 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.

15. Legal Fees. If any legal action is brought by either party to this License Agreement against the other party regarding this License Agreement or the Software and Documentation, the prevailing party shall be entitled to recover, in addition to any other relief, reasonable legal fees and expenses.

16. Entire Agreement. This License Agreement constitutes the entire agreement between you and Intuit relating to the Software and Documentation and supersedes all prior or collateral oral or written representations or agreements relating thereto.

If you have any questions concerning this License Agreement, or your rights or obligations hereunder, you may write to Intuit at: