License Agreement for
Tax Year 2006 TurboTax® Software and Services
Thank
you for selecting TurboTax tax preparation software (the “Software”) to prepare your taxes.
This License Agreement (“End User License”) sets forth the terms and
conditions that apply to your use of the Software and the associated Services
described in Section 4, below (“Services”). It also includes provisions relating to Santa
Barbara Bank & Trust, a division of Pacific
Capital Bank, N.A. (“SBBT”)
and certain other third parties. If you do not accept this End User License,
you will not be able to use the Software, but may return it with your dated
receipt to the place of purchase within 60 days of your purchase for a full
refund. If the store is unwilling to
issue a refund or you obtained the Software directly from Intuit, you may return
it for a refund to the address indicated in Section 7, below. You may print this document by clicking on
the print button or by going to the TurboTax web site at www.turbotax.com to access and print a copy
of it.
In
addition to the TurboTax federal and/or state tax preparation software
(“TurboTax”), the term “Software” as used in this End User License includes (i)
the ItsDeductible donation valuation software that you will be
presented with an opportunity to license and use if you purchase certain
versions of the Software, (ii) the Software’s related internet–based components, and (iii) any updates
or maintenance releases that we may provide or make available for the Software. Some Software may be accompanied by, and will
be subject to, additional terms. Additionally,
the IRS and state tax authorities may release certain
final approved tax forms after the Software is available for purchase. To
ensure that you have the most up-to-date information and final approved forms,
you must update your copy of the Software using its “one click update” feature
before printing or electronically filing your return.
1. License Grant.
Intuit Inc. (“Intuit”, “we”, “our”, or “us”) grants to the person
(an individual or single entity) who purchases an authorized license to use the
Software and to members of that person’s immediate family household (i.e.,
spouse or domestic partner, children, parents, grandparents, and brothers or
sisters who regularly live at the same residence) (together “you”, “your” or
“user”) a personal limited, non-exclusive, non-transferable license, provided
that you comply with all of the terms and conditions of this End User License.
You may: (a) install
and use a copy of the Software on one or more computers owned by you (at home
or at work); (b) use the Software only to prepare, print and/or electronically
file up to five federal 2006 tax year returns and related state tax returns;
and (c) make one backup copy of the Software for personal use as permitted
under this license grant.
You are not licensed or permitted under this End User
License to do any of the following: (a) make any copies of the Software, or
allow any other person to use the Software; (b) rent, loan, resell or
distribute the original CD or a copy of the Software to any other person; (c)
make the Software available on any file-sharing service; (d) electronically
send the Software to any other person; (e) copy the printed materials or user
documentation accompanying the Software other than as necessary to support the uses
permitted above; (f) decompile, disassemble, or otherwise
reverse engineer the Software; or (g) use the Software to
electronically file more than five federal returns. Any person who received the Software through
any of the forgoing prohibited methods, or through any method other than
purchasing a license for this Software from Intuit or an Intuit authorized
reseller, is not authorized to use such Software.
You are not licensed or
permitted to use the Software, or allow the Software to be used, to prepare tax
returns, schedules or worksheets on a professional or commercial basis (i.e.,
for a preparer's or other fee).
Additionally, you must indemnify and defend Intuit against any claims or
lawsuits, including (without limitation) attorneys’ fees, that arise from or
result from the use of the Software on a professional or commercial basis.
You agree to register
the Software (unless you obtained the Software directly from Intuit) so that
Intuit can notify you of updates or corrections to the Software and in order to
obtain the benefit of any warranties or guarantees given or made by Intuit with
respect to the Software or Intuit Services.
In this regard, you agree to keep Intuit apprised promptly of any change
in your email address, mailing address and/or phone number so that you can be
notified of such updates or corrections.
TurboTax Business
Software. An authorized licensee of
the TurboTax for Business version of the Software (for forms 1120, 1120S and
1065) may use it to
prepare, print and/or electronically file copies of such business return forms
for itself and for its affiliates, i.e., its parent company, subsidiaries and
related entities under common ownership and control. However, the End User License does not permit
you to transfer or give the Software to another individual or entity for their
use.
2. TurboTax Accurate
Calculation Guarantee. Intuit
works diligently to ensure the accuracy of the calculations on every form
prepared using TurboTax. If you
are a registered user that has updated your copy of TurboTax with the most
recent update available prior to filing your return and you pay an IRS or state
penalty and/or interest solely because of a calculation error on a form
prepared using TurboTax, and not as a result of, among other things, your
failure to enter all required information accurately, willful or fraudulent
omission or inclusion of information on your tax return, misclassification of
information on the tax return, or failure to file an amended return to avoid or
reduce an applicable penalty/interest after Intuit announced updates or
corrections to TurboTax in time for you to file an amended return, then
Intuit will pay you in the amount of the IRS or state penalty and/or interest
paid by you to the IRS or state. (A "registered user" is a user who either registers
his/her purchase with Intuit, or has purchased a license to use TurboTax
directly from Intuit). You are responsible for paying any
additional tax liability you may owe and providing any other information Intuit
reasonably requests.
If you
believe such a calculation error occurred, you must notify Intuit as soon as
you learn of the mistake (and in no event later than 30 days after the penalty
or interest is assessed) at http://support.turbotax.com/go/accuracy,
or by mail at Intuit Inc. CTG Tax Analysts,
3. Reservation of Rights and Ownership. The Software is licensed, not sold and Intuit
reserves all rights not expressly granted to you in this End User License. The
Software 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 all copies of the Software. This End User License does not grant you any
rights to the trademarks or service marks of Intuit.
4. Intuit Services & Third Party
Services (together, “Services”)
A. Intuit Services.
Electronic Filing
Services. If you choose to file
your return electronically, your tax return will be forwarded to Intuit's
The Internal Revenue
Service (“IRS”) requires Intuit to notify it, in connection with the electronic
filing of your tax return, of the Internet Protocol (“IP”) address of the
computer from which the return originated and whether the email address of the
person electronically filing the return has been collected. By using this electronic
filing service to prepare and submit your tax return, you consent to the
disclosure to the IRS and any other tax or revenue authority of all information
relating to your use of the Electronic Filing Services.
Online
Communities. The Home and Business
version of the Software may include a feature that allows you to exchange
useful and helpful information with other users of TurboTax Home and Business
(“Chat”). Internet access is required to
use Chat. Please respect and interact with other users as you would in any
public arena when using the Chat feature. Exercise your judgment in evaluating
and acting on (or ignoring) other users' Chat sessions. Remember, due to the
anonymous nature of the Internet, other Chat 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 Chat, and will not be liable for any damages
incurred as a result of the submission or use of any such content. Chat 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 Chat. Intuit
reserves the right to monitor the Chat content and designate Intuit employees
to act as monitors. Additionally, Intuit reserves the right to edit, remove or
refuse to remove Chat content in its sole discretion.
Import Services.
The Software includes a feature that allows you to import certain tax-related
information from participating payroll processors and financial institutions,
personal financial software such as Quicken®, and charitable deduction
information from ItsDeductible software.
You are responsible for verifying the accuracy of the information that
is imported.
Tax Advice. Certain
versions of the Software include a feature that enables you to connect with an
Intuit Tax Advice service to obtain answers to questions on your federal taxes. Internet access is required to use this
service. The full terms and conditions
governing the Tax Advice service will be available on the Tax Advice service
web site and, by accessing and using the Tax Advice service, you agree to be
bound by those terms and conditions, which supplement, and supersede where inconsistent, this
End User License.
Help and Support.
Intuit may use a variety of methods (e.g., in-product, Internet, fax and phone)
to provide technical support and customer service in connection with the
Software and Intuit Services. The terms
and conditions governing the offering of this support, some of which require
the payment of an additional fee, are subject to change as announced by Intuit
from time to time. Consult the TurboTax Help and Support Web site (currently, www.turbotax.com/support and for
ItsDeductible Software www.itsdeductible.com/support) for the most
up-to-date information relating to this support and any associated charges, as
well as updates to the Software. TurboTax tax preparation and ItsDeductible donation
valuation software for tax
year 2006 are subject to discontinuation
and shall not be supported beyond October 15, 2009.
Intuit may provide you with a
mechanism to provide feedback, suggestions and ideas, if you choose, about its
software and services (“Feedback”) including Chat. 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, irrevocable, royalty free license to use, reproduce,
modify, create derivative works from, distribute and display the Feedback in
any manner and for any purpose.
B. Third Party Services. In
connection with the promotion or your use of the Software, you may be made
aware of services, products, offers and promotions provided by third parties,
and not by Intuit (“Third Party Services”).
These Third Party Services may include refund processing, professional
tax review, audit defense, and gift card purchases, among others. Third Party
Services may be subject to the terms and conditions specified by the third
party providing such Third Party Services.
If you decide to use Third Party Services, you are responsible for
reviewing and understanding the terms and conditions governing such Third Party
Services. You authorize Intuit to use and disclose your contact information,
including name and address, for the purpose of making the Services you choose
available to you. Your participation in such Third Party
Services indicates your acceptance of the terms and conditions for such Third
Party Services. You agree that the third
party, and not Intuit, is solely responsible for the performance of the Third
Party Services.
The Software and Services may contain or reference links to
third party websites. Some of those links are provided as a convenience only.
The inclusion of any link is not and does not necessarily 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 other website is at your own risk,
and you should be aware that linked 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.
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.
5. Privacy and Use of Personal and Tax
Return Information. For details of Intuit’s Privacy Promise
relating to the Software and Services, you may access the Help content in the
Software. Questions
about the TurboTax Software Privacy Promise, our information practices or other
aspects of privacy should be directed to https://privacy.intuit.com/cpi/do/comments or Intuit Inc., Customer Communications,
From
time to time in the Software, you may be presented with information about
Services or other opportunities that may interest you. You agree that each affirmative indication of
further interest by you (including, but not limited to, clicking on a
“continue,” ”yes,” “show me more,” or other such button in the Software),
supplemented by the provisions of this End User License, shall constitute your separate
written consent for Intuit to use and display your tax return information in
the Software to help you better understand that Service or opportunity. Each such consent shall be limited to
its stated purpose.
You are responsible for protecting the
information on your computer such as by installing anti-virus software,
updating your software, password protecting your files, and not permitting
third party access to your computer.
6. Satisfaction Guaranteed. If
you are not satisfied with TurboTax, you may uninstall and delete all copies of
TurboTax from your computer(s) and return it within 60 days of purchase to the
store where you purchased your license with a dated receipt for a full refund
for TurboTax. If the store is unable or
unwilling to issue a refund or you obtained TurboTax directly from Intuit, you
may uninstall and delete all copies of TurboTax and return TurboTax with a
dated receipt or packing slip within 60 days of shipment via U.S. mail to Intuit Inc., Returns Department, PO
Box 19004, Greenville, SC 29602-9004 or via UPS to Intuit Inc., Returns
Department, 120 Hidden Lake Circle, Duncan, SC 29334. In the case where you obtained TurboTax
directly from Intuit via an Internet download, you may submit a written request
to Intuit including your name, contact and product order information to Intuit Inc., Returns Department,
7. Limited Warranty. If
the CD on which the Software is stored is defective, then return the CD to Intuit Inc., Returns Department, PO
Box 19004, Greenville, SC 29390-9004 within 60 days of
shipment (or in the case of a retail purchase, within 60 days of purchase) with
a dated receipt or packing slip, and a replacement CD will be mailed to you.
8. Disclaimer Of Warranties. EXCEPT
AS EXPRESSLY PROVIDED IN SECTIONS 2, 6 and 7 ABOVE, THE SOFTWARE AND SERVICES
ARE PROVIDED "AS-IS" AND, TO THE MAXIMUM EXTENT PERMITTED BY
APPLICABLE LAW, INTUIT, ITS AFFILIATES, LICENSORS, PARTICIPATING FINANCIAL
INSTITUTIONS, THIRD-PARTY CONTENT OR SERVICE PROVIDERS, RETAILERS, DISTRIBUTORS,
DEALERS AND SUPPLIERS (COLLECTIVELY, "SUPPLIERS") DISCLAIM ALL
GUARANTEES AND WARRANTIES, WHETHER EXPRESS,
IMPLIED, OR STATUTORY REGARDING THE SOFTWARE, SERVICES, CD AND RELATED
MATERIALS, INCLUDING ANY WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE, TITLE,
MERCHANTABILITY, AND NON-INFRINGEMENT. INTUIT DOES NOT WARRANT THAT THE
SOFTWARE OR SERVICES ARE SECURE, FREE FROM BUGS, VIRUSES, INTERRUPTION, ERRORS,
OR OTHER PROGRAM LIMITATIONS. SOME
STATES DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE
EXCLUSIONS MAY NOT APPLY TO YOU. IN THAT
EVENT, ANY IMPLIED WARRANTIES ARE LIMITED IN DURATION TO 60 DAYS FROM THE DATE
OF PURCHASE OR DELIVERY OF THE SOFTWARE, AS APPLICABLE. HOWEVER, SOME STATES DO NOT ALLOW LIMITATIONS
ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATION MAY NOT APPLY TO
YOU. THIS WARRANTY GIVES YOU SPECIFIC
LEGAL RIGHTS, AND YOU MAY HAVE OTHER RIGHTS THAT VARY FROM STATE TO STATE.
All warranties or
guarantees given or made by Intuit with respect to the Software or Intuit
Services (1) are solely for the benefit of you as the registered user of the
Software and are not transferable, and (2) shall be null and void if you breach
any term or condition of this End User License.
9. Limitation of Liability and
Damages. YOU AGREE THAT IN NO EVENT WILL INTUIT BE LIABLE FOR ANY LOSS,
COST, LIABLITY OR DAMAGE INCURRED AS A RESULT OF YOUR RECEIPT OF OR PARTICIPATION
IN THIRD PARTY SERVICES AND FOR YOUR FAILURE TO UPDATE THE SOFTWARE. ADDITIONALLY, EXCEPT FOR THE REIMBURSEMENT
FOR CALCULATION ERRORS DESCRIBED ABOVE, THE ENTIRE CUMULATIVE LIABILITY OF
INTUIT AND ITS SUPPLIERS FOR ANY REASON ARISING FROM OR RELATING TO THIS END
USER LICENSE SHALL BE LIMITED TO THE AMOUNT PAID BY YOU FOR THE SOFTWARE OR
SERVICES, AS APPLICABLE, TO INTUIT OR ITS AUTHORIZED RESELLER.
TO THE MAXIMUM EXTENT
PERMITTED BY APPLICABLE LAW, INTUIT AND ITS SUPPLIERS SHALL NOT BE LIABLE FOR
ANY INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES OR FOR
ANY DAMAGES RELATING TO LOSS OF BUSINESS, TELECOMMUNICATION FAILURES, LOSS,
CORRUPTION OR THEFT OF DATA, VIRUSES, SPYWARE, LOSS OF PROFITS OR INVESTMENT,
TAX POSITIONS TAKEN BY YOU (INCLUDING THE CONDITION OF YOUR CHARITABLE
CONTRIBUTIONS), USE OF THE SOFTWARE WITH HARDWARE OR OTHER SOFTWARE THAT DOES
NOT MEET INTUIT’S SYSTEMS REQUREMENTS, OR THE LIKE, WHETHER BASED IN BREACH OF
CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, PRODUCT LIABILITY OR
OTHERWISE, EVEN IF INTUIT OR ITS SUPPLIERS 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. THE
LIMITATIONS OF DAMAGES SET
10. Consent to Conduct Business Electronically (“Consent”).
(a) Consent to Electronic Communications.
Intuit may be required by law to send “Communications”
(as defined below) to you that may pertain to the Software, the use of
information you may submit to Intuit, and the Services you choose. Additionally, certain of the Third Party
Services you choose, for example refund processing or the purchase of gift
cards through the TurboTax Refund Bonus Program, may require Communications
with the third parties who administer these programs. You agree that Intuit, on behalf of itself
and/or SBBT and others who administer such Services (as applicable), and SBBT
for itself, may send Communications to you by email and/or may make
Communications available to you by posting them at one or more of our sponsored
websites, such as www.turbotax.com. You consent
to receive these Communications electronically.
The
term “Communications” means any
notice, record, agreement, or other type of information that is made available
to you or received from you in connection with the Software, the Services, or
your tax refund.
(b) Consenting to Do Business Electronically. The decision whether to do business
electronically is yours, and you should consider whether you have the required
hardware and software capabilities described below. Your consent to do business
electronically, and our agreement to do so, applies to this End User License,
the Software and any applicable Services.
(c) Communication Requirements. In order
to access and retain an electronic record of Communications, you will need: a
computer, a monitor, a connection to an Internet service provider, an
Internet browser software that supports 128-bit encryption, and an e-mail
address. By selecting the "I accept"
button and accepting this End User License, you are confirming to us that you
have each of these and the means to access, and to print or download,
Communications. We do not provide ISP
services. You must have your own
Internet service provider.
(d) Withdrawal of Consent. If
you later decide that you do not want to receive future Communications electronically, write to us at TurboTax Customer
Service,
(e) Changes to Your Email Address. In order to provide you with the
Communications, you agree to notify us promptly of any change in your email
address. You can do so by logging on to https://privacy.intuit.com/cpi/do/comments
and following the instructions to submit a comment to Intuit (please include
both your old and new email addresses). If you participate in the gift card
program, you authorize us to provide your updated information to SBBT and
applicable retailers as necessary in connection with your participation in the
program.
11. Limitation on Time to Sue. Unless otherwise required by law, an
action or proceeding by you to enforce an obligation, duty, or right arising
under this End User License or by law with respect to the Software or Services
must be commenced within one year after the cause of action accrues.
12. Miscellaneous.
This End User License (and any additional terms and conditions
with which Intuit supplements this agreement) is a complete statement of the
agreement between you and Intuit., and sets forth the entire liability of
Intuit and its Suppliers and your exclusive remedy with respect to the Software
and Services and their use. It governs
your use of any ItsDeductible software accessible through certain versions of
the Software, and supersedes any in-product end user licenses in such software. The Suppliers, agents, employees,
distributors, and dealers of Intuit are not authorized to make modifications to
this End User License, or to make any additional representations, commitments,
or warranties binding on Intuit. 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 End User License. Intuit
shall be not be liable for any default or delay in the performance of its
obligations under this End User License 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. If any provision of
this End User License is invalid or unenforceable under applicable law, then it
shall be, to that extent, deemed omitted and the remaining provisions will
continue in full force and effect. This End
User License will be governed by
13. Termination and Amendment. Your rights under this End User License may be
terminated by Intuit immediately and without notice if you fail to comply with
any term or condition of this End User License or no longer consent to receipt
of electronic Communications. Upon such
termination, you must immediately cease using the Software, and delete or
destroy all complete and partial copies of the Software, including all backup
copies. Any termination of this End User License shall not affect Intuit’s
rights hereunder. Intuit shall have the
right to change or add to the terms of its End User Licenses at any time provided that it is not Intuit’s intent that such change
substantially affect the license rights granted to you in Section 1 and for
which consideration was paid by you), and to change, delete, discontinue, or impose conditions
on any feature or aspect of the Software or 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 sending you an
email notification or posting information concerning any such change, addition,
deletion, discontinuance or conditions in the Software or on any Intuit
sponsored web site, including but not limited to the web site listed above.
15.
16.
Questions.
You can contact Intuit, Inc. by mail at Consumer Tax Group, Intuit,
Inc.,
Intuit Inc.,
TY 2006 Turbotax
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