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License Agreement

LICENCE

PLEASE READ THIS LICENCE CAREFULLY. By using the software supplied with this Licence (the "Software") you agree to be bound by the terms of this Licence. If you do not agree,  return the Software together with the User Guide and related material and proof of purchase to the place where you obtained it within 30 days for a full refund.

1 Licence

Reckon Limited (ACN 003 348 730) (the "Licensor") grants to you a non-exclusive, non-transferable Licence to use the Software in accordance with the terms of this Licence. The Licensor reserves all rights not expressly granted to you and retains ownership of the copyright and all other intellectual property rights in the Software.

2 Use

(a) The Software may be loaded on one computer only and used by one person only at any one time. If more than one person is to use the Software at the same time or the Software is to be loaded on more than one computer you must obtain an additional Licence for each additional person or computer.
(b) You must not:
(i) use or rely upon the Software for any purpose or in any manner for which the Software is not warranted;
(ii) copy, reproduce, translate, adapt, vary, merge or modify or create any derivative work based on the Software;
(iii) reverse engineer, decompile, disassemble, reconfigure or otherwise attempt to discover the source code of the Software;
(iv) sell, market, network, transfer, lease, licence, rent, lend or otherwise dispose of or distribute the Software;

3 Maintenance of Software

(a) The Licensor will maintain the Software, during the period from the date of purchase until the earlier of
(i) the second anniversary of the date of initial supply by the Licensor of release one of this version of the Software; and
(ii) the date of initial supply by the Licensor of the second successive version of the Software.
(b) The Licensor is not required to enhance or upgrade or provide technical support for the Software free of charge.

4 Warranty

(a) Subject to clauses 4(b) and 5(a), the Software is provided "as is" and without any representations by the Licensor or any of its authorised distributors regarding the use, performance or results of the use, of the Software.
(b) Until the end of the first 30 days after purchase of the Software, if you are not satisfied with the operation of the Software, you may terminate this License by deleting the Software from your computer and returning the Software, User Guide and related materials to the place where you obtained them, with proof of purchase for a full refund.
(c) The Licensor warrants that the media on which the Software is recorded is free from defects in manufacture for a period of 90 days from the date of delivery. During this period the Licensor will replace any defective media on which the Software was supplied and any Software on that media, free of charge.
(d) While the Licensor has endeavoured to make sure that the Software works, the Licensor does not guarantee that the Software will work on all computer hardware platforms or configurations and makes no warranty that the Software will be error free or that use will be uninterrupted.

5 Liability

(a) Where conditions, warranties or other rights for your benefit are implied in this Licence or otherwise conferred by the Trade Practices Act 1974 (Commonwealth of Australia) and it is not lawful to exclude them, then those conditions, warranties and other rights will (but only to the extent required by law) apply to this License. Other than as set out in this Licence, all implied conditions, warranties and rights are excluded from this Licence.
(b) The Licensor's and its authorised distributors' liability for breach of implied conditions or warranties is limited, to the extent permitted by law and at the option of the Licensor, to replacing or supplying the goods or services or their equivalent again or the payment of the cost of having the goods or services or their equivalent replaced or supplied again.
(c) Other than as set out in clauses 4(b), 5(a) and 5(b), the Licensor and its authorised distributors will not be liable to you or any other person for any indirect loss, damages, costs or expenses suffered by you or any other person relating to the performance, non-performance or any breach of this License or the supply of the Software. The Licensor's maximum liability for damages arising in connection with this Licence or the supply of the Software is limited to the amount paid by you for the Software.
(d) You agree that the Licensor and its authorised distributors will not be liable, other than as expressly set out in this Licence, and that you will indemnify the Licensor and its authorised distributors in respect of any liability, loss, damage, costs or expenses which you may suffer or incur as a result of your use of the Software (including any claims made against you by third parties).
(e) The information contained in this Software contains features designed to assist you in your preparation for the introduction of the Goods and Services Tax (the 'GST') in Australia and compliance with the requirements of the relevant legislation imposing the GST.  These features in the Software have been developed with regard to the GST laws and regulations as at 1 May  2000.
The GST laws and regulations are subject to change and the Software may not be correct at the date upon which you make use of the Software. However, the help contained in this Software is not a substitute for professional advice. The GST legislation is of a complex nature and legal and accounting advice should be obtained before taking any action in reliance on this Software. The Licensor, its employees, agents, contractors and the authors disclaim any and all liability and responsibility to any person, whether a user of this Software or not, in respect of anything (including, without limitation, any error in or omission from this Software) and of the consequences of any actions taken or omitted to be taken in reliance, whether wholly or partially, upon all or any part of the content, recommendations or help contained in this Software.
(f) The Licensor and its authorised distributors disclaim all liability for any corruption of data, inability to access data, breach of privacy, downtime as a result of or arising from the use of any link between the Software and a financial institution, if applicable. In order to use these banking services, you will have received a fulfillment kit from your financial institution which includes Conditions of Use. Your use of the services constitutes your agreement that these services are provided by your financial institution and not by the Licensor.  Please see your financial institution's Conditions of Use for a complete description of your rights.

6 Term of License

(a) The term of this Licence is perpetual, provided that this Licence may be terminated by the Licensor if you are in breach of this Licence or as otherwise set out in this License.
(b) Clauses 3, 4 and 5 will survive the termination of this Licence. Termination of this Licence will not prejudice any right which the Licensor may have, or but for the termination may have had, against you for a breach of this Licence.
(c) Upon the termination of this Licence, you or your representative must destroy the Software, user's manual and related materials and any copies of them which you possess or return or dispose of them in the manner directed by the Licensor.

7 General

(a) This Licence is governed by the laws of the State of New South Wales. 
(b) This Licence contains the entire agreement between the Licensor and you in relation to its subject matter and supersedes any prior agreements and understandings, whether written or oral.

Quicken Australia
(Reckon Ltd)
Locked Bag 15
PO Broadway NSW 2007