Transcription
ProSeries/Fixed AssetManagerUser’s GuideforTax Year 2005
2005 Intuit Inc. All rights reserved.Printed in the United States of America.First printing December 2005. Intuit, the Intuit logo, ProSeries, Quicken,QuickBooks, QuickBooks Pro, and QuickZoom, among others, are registeredtrademarks and/or registered service marks of Intuit Inc. QuickEntry, amongothers, is a trademark and/or service mark of Intuit Inc. Other brand or productnames are trademarks, service marks, registered trademarks, or registered servicemarks of their respective owners and should be treated as such.ii
Software License AgreementTax Year 2005 ProSeriesFixed Asset Manager ProductImportant Information — Please ReadThis Software License (“Agreement”) is between you(as defined below) and Intuit Inc. (“Intuit”). Do notinstall or use the Software (as hereinafter defined)until you have carefully read this Agreement, whichprovides the terms and conditions for its use (subjectto any additional terms and conditions in anyRelease Notes, as hereinafter defined).Installing the Software indicates that you have read,understand and accept this Agreement. If you do notaccept this Agreement, contact Intuit CustomerService at 800-374-7317 to obtain a returnmerchandise authorization (RMA) and return theSoftware within thirty (30) days of the ship date toIntuit Returns, P.O. Box 190004, Greenville, SC29390-9004.Before installing the Software, you must read therelease notes that are shipped with the Software(“Release Notes”). The Release Notes may containimportant additional terms governing the use of theSoftware and its related services. Use of the Softwareand related services is also subject to the termscontained in the then current Release Notes, whichIntuit may update from time to time.The Software requires that you provide a customernumber in order to install and use the Software.Once you have accepted this Agreement, you will beprompted to supply this information during theSoftware installation process.As used in this Agreement, the terms “you,” “your,”“Licensee,” and “licensee” are synonymous, and referto the person or entity that has purchased orotherwise obtained a license for the Software fromIntuit as reflected in Intuit’s records.As used in this Agreement, “Software” shall mean the2005 version of the ProSeries Fixed Asset Managerprogram and any other programs or tools thatsubsequently may be licensed from Intuit by you andall Updates thereto (as hereinafter defined), and anyaccompanying product documentation, regardlessof: (a) the manner in which such program may bebundled; (b) the method by which you acquire theSoftware from Intuit (by downloading via theInternet, via CD-ROM or other alternative media); or(c) the time at which you acquire the Software.Permitted Uses and Restrictions on UseIntuit reserves all patent, copyright, trade secret,trade name, trademark, and other proprietary rightsrelated to the Software and you shall not infringe orviolate such rights. This license grants you apersonal, non-exclusive, non-transferable license touse only one copy of the Software at a single locationdesignated as your primary business firm location(except as provided below). You may install and usethe Software on one or more computers or on a localarea network (“LAN”) so long as such computers orLAN are located at your primary business firmlocation. You may make one archival or backup copyof the Software for your own use. Independentpractitioners or separate firms that occupy or sharethe same office space as you may not use theSoftware, even though they may be connected to theLAN on which the Software is installed.The Software may be loaded and used on thepersonal computers at the home residences of youand your employees, provided that neither you norany of your employees meets clients at your or youremployees’ homes, or otherwise use their homes in amanner customary for a commercial business office,unless your home address is your primary businessfirm address. If you or any of your employees meetclients at their home or otherwise conduct businessfrom their home, such person must obtain a separatelicense from Intuit.You agree that you shall not make additional copiesor otherwise duplicate the Software by any othermeans (including electronic transmission); to givecopies to another person; or, to modify, adapt,translate, rent, sublicense, loan, resell, distribute,create derivative works based upon the Software orany part thereof. The Software also contains Intuittrade secrets, and you may not decompile,disassemble or otherwise reverse engineer theSoftware.You may not place, install or use any portion of theSoftware on a wide area network or on any electronicmedia including, but not limited to World Wide Websites, GOPHER sites, any other server that is Internetenabled, electronic bulletin boards or forums, ortimesharing services.Updates; New ReleasesIntuit may, if practical and appropriate, revise theSoftware from time to time to include revisionsrelated to problem resolution in the Software such asbug fixes and workarounds or for other issues thatrequire revisions to the Software (“Updates”) andoffer such Updates to you. However, any suchrevision of the Software shall be at Intuit’s solediscretion and Intuit shall have no obligation,express or implied, to provide Updates. Intuit shallhave the right, in its sole discretion, to withhold theshipment of Updates if you are delinquent in thepayment of any charges owed to Intuit including,without limitation, charges for pay-per-return orelectronic filing fees. You acknowledge and agreethat Intuit may, in its sole discretion, issue Updatesin an alternative media, including compact disc andin downloadable form via the Internet.This Agreement shall not apply to, and your receiptof Updates shall not be deemed to entitle you toreceive, versions Intuit offers of the ProSeries FixedAsset Manager program that are related tosubsequent tax years, such as the 2006 or the 2007version (each such subsequent tax year version, aiii
“New Release”). The Software relates to a single 365day period which begins on the date that you installthe Software. For a subsequent 365-day period, inorder to use the ProSeries Fixed Asset Managerprogram, you will be required to purchase a licensefor the then-current New Release. Each New Releaseshall be subject to a separate software licenseagreement and require the payment of the thencurrent license or usage fees. Intuit shall have theright at any time, in its sole and absolute discretion,to modify or delete features and to change theoperating interface in any or all of the Software, or tochange the hardware and computer systemspecifications necessary or recommended to operatethe Software.Third Party Licensing TermsFrom time to time Intuit may include softwarecomponents provided by third parties in theSoftware. Licensing terms for certain third partysoftware components contained in the Software areset forth in attached Exhibit A, which by thisreference is made part of this Agreement. Additionalthird party licensing terms may also be provided inRelease Notes.Intuit Support ServicesIntuit may offer, in its sole discretion, productsupport for the Software at Intuit’s then currentcharges, if any (“Product Support”). Such ProductSupport, if offered, is subject to Intuit’s sunset policyand will be available to you for a one-year periodfrom the date the Software is first released to Intuit’sgeneral client base, but is limited to the use of theSoftware on the hardware and operating systemsspecified in the documentation for the Software.Intuit may provide you with a mechanism to providefeedback, suggestions and ideas, if you choose, aboutits software and services (“Feedback”). You agree thatIntuit may, in its sole discretion, use the Feedbackyou provide to Intuit in any way, including in futuremodifications of the Software, multimedia worksand/or advertising and promotional materialsrelating thereto. You hereby grant Intuit a perpetual,worldwide, fully transferable, non-revocable, royaltyfree license to use, modify, create derivative worksfrom, distribute and display any information youprovide to Intuit in the Feedback.Professional ResponsibilityTax laws and regulations change frequently and theirapplication can vary widely based upon the specificfacts and circumstances involved. You understandand agree that all decisions regarding the calculationof depreciation of assets for tax or accountingpurposes using the Software are made solely by youand that use of the Software does not relieve you ofresponsibility, including those to any third party, forthe accuracy and review of such calculations. Youacknowledge that you are not relying upon Intuit foradvice regarding the appropriate depreciationtreatment of items, and agree to review anycalculations made by the Software and satisfyyourself that those calculations are correct.ivYou accept full responsibility for: (1) selection ofadequate and appropriate Software to satisfy yourbusiness needs and achieve your intended results; (2)use of the Software; (3) all results obtained from theSoftware, (4) verifying the accuracy of any dataimported by the Software, and (5) selection, use of,and results obtained from any other programs,computer equipment or services used with theSoftware. You also accept full responsibility for anyand all liability arising from the calculation ofdepreciation using the Software, and agree toindemnify Intuit and hold it harmless against anyand all liability to the United States Government orother parties arising out of your use of the Software,including damages, recoveries, deficiencies, interest,penalties and reasonable attorneys’ fees.Limited WarrantyFor a period of ninety (90) days after your receipt ofthe Software, Intuit warrants that the media onwhich the Software is distributed will be free fromdefects in materials and workmanship under normaloperating conditions. If the media is defective, Intuitwill replace the defective media at no charge,provided you return the Software to Intuit Returns,P.O. Box 190004, Greenville, SC 29390-9004 withinninety (90) days of your receipt of the Software.Replacement Software will be mailed to you.DISCLAIMER OF WARRANTIESEXCEPT AS EXPRESSLY PROVIDED ABOVE, THISSOFTWARE AND ANY OF INTUIT’S SERVICES(INCLUDING, BUT NOT LIMITED TO PRODUCTSUPPORT) ARE PROVIDED “AS-IS” AND, TO THEMAXIMUM EXTENT PERMITTED BY APPLICABLELAW, INTUIT DISCLAIMS ALL WARRANTIES,EXPRESS OR IMPLIED, REGARDING THESOFTWARE, PHYSICAL MEDIA AND RELATEDMATERIALS AND SERVICES, INCLUDING ANYWARRANTY OF FITNESS FOR A PARTICULARPURPOSE, MERCHANTABILITY, TITLE ORNONINFRINGEMENT. INTUIT DOES NOTWARRANT THAT THE SOFTWARE OR RELATEDSERVICES ARE FREE FROM BUGS, ERRORS, OROTHER PROGRAM LIMITATIONS.All warranties given or made by Intuit hereunderwith respect to the Software (1) are for the benefit ofthe original licensee of the Software only and are nottransferable, and (2) shall be null and void if alicensee breaches any terms or conditions of thisAgreement.LIMITATION OF LIABILITY ANDDAMAGESEXCEPT FOR THE EXPRESS WARRANTY SET FORTHABOVE, YOUR EXCLUSIVE REMEDY AND THEENTIRE LIABILITY OF INTUIT FOR ANY REASONARISING OUT OF OR CONNECTED WITH THISAGREEMENT (INCLUDING BUT NOT LIMITED TODAMAGES DUE TO THE PERFORMANCE OR NONPERFORMANCE OF THE SOFTWARE OR RELATED INANY WAY TO PRODUCT SUPPORT OR OTHERSERVICES) SHALL BE LIMITED TO THE AMOUNTPAID BY YOU FOR THE SOFTWARE. TO THEMAXIMUM EXTENT PERMITTED BY APPLICABLE
LAW, INTUIT AND ITS LICENSORS, DISTRIBUTORS,DEALERS OR SUPPLIERS ARE NOT LIABLE FOR ANYINDIRECT, SPECIAL, INCIDENTAL, ORCONSEQUENTIAL DAMAGES (INCLUDINGDAMAGES FOR LOSS OF BUSINESS, CORRUPTIONOR THEFT OF DATA, DAMAGES RELATING TOERRORS IN PERFORMING ANY SERVICES, LOSS OFPROFITS OR INVESTMENT, OR THE LIKE),WHETHER BASED ON BREACH OF CONTRACT,BREACH OF WARRANTY, TORT (INCLUDINGNEGLIGENCE), PRODUCT LIABILITY OROTHERWISE, EVEN IF INTUIT HAS BEEN ADVISEDOF THE POSSIBILITY OF SUCH DAMAGES ANDEVEN IF A REMEDY SET FORTH HEREIN IS FOUNDTO HAVE FAILED OF ITS ESSENTIAL PURPOSE.IN NO EVENT MAY YOU BRING ANY CLAIM ORCAUSE OF ACTION AGAINST INTUIT MORE THANONE YEAR AFTER SUCH CLAIM OR CAUSE OFACTION ARISES. THIS AGREEMENT IS SOLELY FORTHE BENEFIT OF INTUIT AND LICENSEE, AND NOTFOR THIRD PARTIES. IN NO EVENT DOES INTUITASSUME ANY LIABILITY TO ANY PARTY OTHERTHAN LICENSEE ARISING OUT OF YOUR USE ORINABILITY TO USE THE SOFTWARE OR SERVICES,AND YOU AGREE TO INDEMNIFY INTUIT AGAINSTANY CLAIMS BROUGHT BY SUCH PARTIES.Intuit is not an insurer with regard to performance ofthe Software, Product Support or any other services.The terms of this Agreement, including but notlimited to, the license fee, the limited warranties andthe limitation of liability and remedy are a reflectionof the risks assumed by the parties in order to obtainthe Software at the specified license fee. Licenseeagrees to assume the risk for: (1) all liabilitiesdisclaimed by Intuit contained herein; and (2) allalleged damages in excess of the amount of thelimited remedy provided hereunder. The essentialpurpose of the limited remedy provided Licenseehereunder is to allocate the risks as provided above.The limitations of damages or liability set forth inthis Agreement are fundamental elements of thebasis of the bargain between Intuit and you. Youacknowledge and agree that Intuit would not be ableto provide this product on an economic basiswithout such limitations.GeneralAll rights granted to you under this Agreement shallterminate immediately if you breach any of theterms or conditions of the Agreement, and Intuit isentitled to enforce its rights hereunder by an actionfor damages or by specific performance, injunctive orother equitable relief. Upon such termination, youmust immediately uninstall the Software from yourcomputer and/or LAN, return the Software to Intuitand destroy all backup copies. Neither party heretoshall be held liable for the failure to perform anyobligation, or for the delay in performing anyobligation, arising out of or connected with thisAgreement if such failure or delay results from or iscontributed to by any cause beyond the reasonablecontrol of such party including, but not limited to,failures or delays caused by the act or omission ofany governmental authority, fire, flood or otherevent beyond such party’s reasonable control.This Agreement sets forth Intuit’s entire liability andyour exclusive remedy with respect to the Software.This Agreement and any additional licensing termsthat may be contained in any Release Notes is acomplete statement of the agreement between youand Intuit, contains all understandings andrepresentations, express or implied, between you andIntuit with respect to the Software, Product Supportand any other services to be furnished hereunder,embodies the final expression of that agreement andunderstanding and supersedes all priorcommunications between you and Intuit. ThisAgreement does not limit any rights that Intuit mayhave under trade secret, copyright, patent or otherlaws. Oral statements made by Intuit’s salesrepresentatives, other employees or agents about theSoftware or other matters related in any manner tothe Software do not constitute warranties, shall notbe relied on by Licensee, and are not part of thisAgreement.If any provision of this Agreement is invalid orunenforceable under applicable law, then it shall be,to that extent, deemed omitted and the remainingprovisions will continue in full force and effect. Thevalidity and performance of this Agreement shall begoverned by California law (without reference tochoice of law principles), and applicable federal law.Export RestrictionsYou acknowledge and agree that the Software issubject to restrictions and controls imposed by theExport Administration Act of 1979, as amended, andthe Export Administration Regulations thereunder(“the Acts”). You agree and certify that neither theSoftware nor any direct product thereof is being orwill be used for any purpose prohibited by the Acts.You further agree and certify that neither theSoftware nor any direct product thereof will beexported to: (1) the following countries which arecurrently subject to U.S. trade embargoes: Cuba, Iran,Libya, North Korea, Sudan and Syria or (2) persons orentities on the U.S. “Denied Persons List”, “SpeciallyDesignated Nationals List” and “Entities List”.U.S. Government Restricted RightsThe Software is a “commercial item,” as that term isdefined at 48 C.F.R. 2.101 (OCT 1995), consisting of“commercial computer software” and “commercialcomputer software documentation,” as such termsare used in 48 C.F.R. 12.212 (SEPT 1995) and theDepartment of Defense Federal AcquisitionRegulations Sections 252.227-7014 (a) (1), (5).Consistent with 48 C.F.R. 12.212 and 48 C.F.R. 2277202-1 through 227-7202-4 (JUNE 1995), all U.S.Government End Users acquire the Software withonly those rights set forth herein. Intuit Inc., 6220Greenwich Drive, San Diego, CA 92122.v
EXHIBIT Asoftware development without an appropriateseparate license.Additional Third Party Software LicensingTerms3. CopyrightA.2The following are additional terms andconditions for third party software components usedto manage the Software client file database, as well asother database functions. The definitions containedin this Section A.2 shall apply only to this SectionA.2.CodeBase Sub-License Terms and ConditionsWhereas, Intuit Inc. (“Intuit”) has licensed softwarefrom Sequiter Software Inc. (“Sequiter”) under theterms of the CodeBase Software License Agreement.Whereas, Intuit has certain distribution rights to thelicensed software provided this legal agreement isimposed upon you, the end-user of Intuit’s Software(the “CodeBase Sub-Licensee”).Whereas, Intuit has agreed not to directly orindirectly distribute software which providesprogrammatic database capabilities and which alsouses the Licensed CodeBase Software unlessotherwise agreed to by Sequiter.Whereas, this legal document is an agreementbetween Intuit and you, the CodeBase Sub-Licensee(hereinafter referred to as the “Sub-LicenseAgreement”).1. DefinitionsLicensed Software: This is the Sequiter computerprograms contained in the CodeBase softwarepackage or any computer programs containing partsof the computer programs in the package. Theseprograms could be represented in any form: in print,as electronic source code, as compiled objectmodules, as a library file, a dynamic link library, oran executable program. It includes the CodeReporterand CodeControls software, which is bundled withCodeBase.Machine Code: This is a form of software, which isdirectly understood by the computer hardware and isgenerated by a compiler from source code.Executable Software: This is a machine code form ofthe Licensed Software, which is contained in anexecutable file. Under Microsoft Windows the nameextension of executable software is “.EXE.”Loadable Software: This is a machine code form ofthe Licensed Software, which is contained in a DLL,VBX or OCX file. Under Microsoft Windows thename extensions of DLL, VBX and OCX are “.DLL”,“.VBX” and “.OCX” respectively.Distributable Loadable Software: This is all LoadableSoftware except for the Server Engine Software.2. Sub-LicenseYou may use the Distributable Loadable Softwarewith, and only with, application(s) provided byIntuit. You agree not to use the DistributableLoadable Software for any other purpose. You agreenot to use the Distributable Loadable Software for thepurposes of software development and agree to takeappropriate measures to ensure that no one uses theDistributable Loadable Software for the purposes ofviThe Distributable Loadable Software and otheraccompanying materials, including but not limitedto printed or electronic text and images, is owned bySequiter or its suppliers and is protected by copyrightlaws and international treaty provisions.Consequently, you may not make copies of thiscopyrighted material except as expressly providedherein.4. No WarrantiesTo the maximum extent per
First printing December 2005. Intuit, the Intuit logo, ProSeries, Quicken, QuickBooks, QuickBooks Pro, and QuickZoom, among others, are registered trademarks and/or registered service marks of Intuit Inc. QuickEntry, among others, is a trademark and/or service ma
