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1. Ownership. It is hereby understood and agreed that IRS Advisors, Inc., DBA IRS SolutionsTM, a California Corporation, with its principal place of business at 25115 Avenue Stanford, Suite A203, Valencia, CA 91355 (“IRS Solutions Software”), is the owner of all right, title and interest to the IRS Solutions Software (“the Application”), including the accompanying software, text, graphics and documentation, and all subsequent copies thereof, regardless of the media or form in which the Application is presented. As used herein, Application also includes any portion of the Application, software, text, graphics, and documentation. As the Licensee, You (“You” or “Your”) through your purchase of this product do not acquire any ownership rights to the Application.
2. License. In consideration of the payment of a periodic license fee, IRS Solutions Software grants you a non-exclusive right and license to use the Application and the related documentation (the “Documentation”) as set forth in this Agreement. You may use the Application on any computer at any location where you can access the Internet. It is also understood and agreed that while the Application is not “copy protected,” You shall not copy the Application onto any machine-readable or printed form except for archival or for backup purposes (provided that any copy must contain all proprietary notices included in the original), nor shall You modify the Application and/or merge it into another computer Application. You shall not, without IRS Solutions Software’s express written consent: (i) copy or reproduce the Application; (ii) electronically transfer the Application through a LAN or other network system or through any computer subscriber system or bulletin-board system; or (iii) modify, adapt, or create derivative works based on the Application.
This license permits you to use the Application to provide planning services to your own Clients. For purposes of this Agreement, clients are defined as the ultimate consumer of financial advice, tax advice and/or problem resolution services relating thereto. Clients do not include other parties that provide such advice and/or resolution services to the ultimate consumer. Thus, this Agreement expressly prohibits your use of this Application in connection with services you provide to other professionals and/or organizations (Third Parties), whether you are serving in the capacity as a consultant, service bureau or other back-office supporting arrangement to such Third Parties.
3. Restrictions on Transfer. This license is nontransferable. You shall not sublicense, assign, or transfer the License or the Application except as expressly provided in this Agreement. Any attempt otherwise to sublicense, assign, or transfer any of the rights, duties, or obligations hereunder is void.
4. Term. This license is effective until terminated. If you have paid a fee to subscribe to the Application, this Agreement and license are effective from the time of your payment for 30 days from the date your last payment is credited to IRS Solutions. You may terminate this Agreement at any time by discontinuing payments to IRS Solutions. This Agreement will terminate immediately and without further notice if you fail to comply with any provision of this Agreement. All obligations of confidentiality and restrictions on use, and all other provisions that may reasonably be interpreted to survive termination of this Agreement, will survive termination of this Agreement for any reason.
If you cancel your subscription to IRS Solutions, at the expiration of the fully paid term you will no longer have license to use, adapt, publish, or reproduce, either electronically, in hardcopy, or in person, any documents included in the IRS Solutions system, or provided to you by IRS Solutions, or its members. These documents include but are not limited to forms, letter modules, or summary text. Violations of this license may subject you to civil action by IRS Solutions, for copyright infringement. If you cancel your subscription, IRS Solutions, will delete all of your practitioner and client data in the IRS Solutions system for security, and you will be responsible for re-entering it if and when you re-subscribe to IRS Solutions in the future. Cancellation of your subscription before the next renewal date does not entitle you to any refund of the unused portion of the paid subscription fee.
5. Copying, Transferring or Modifying Software. The Application contains copyrighted material and other proprietary intellectual property. You may not permit concurrent use of the Application unless each user has an applicable license. You may not permit other individuals to use the Application except under the terms listed above. You may not modify, translate, decompile, disassemble, reverse-engineer or otherwise display the Application in human-readable form. You may not rent, lease, distribute or lend the Application and you may not sell to others the right to use the Application. You may not remove any proprietary notices or labels generated by the Application. You may not copy, transfer, transmit sublicense or assign this license or the Application except as expressly permitted in this Agreement. You agree that the terms of this paragraph apply to the Application or any portion thereof, whether owned by IRS Solutions Software or IRS Solutions Software’s licensors.
6. Warranty Disclaimers. THE APPLICATION IS PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND, EXPRESS, STATUTORY OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND ANY WARRANTIES OF NON-INFRINGEMENT. IRS SOLUTIONS SOFTWARE DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE APPLICATION WILL MEET YOUR REQUIREMENTS OR THAT THE OPERATION OF THE APPLICATION WILL BE UNINTERRUPTED OR ERROR FREE. The entire risk as to the quality and performance of the Application is with you. Should the Application prove defective, you (and not IRS Solutions Software or its distributors, licensors or dealers) assume the entire cost of all necessary servicing, repair or correction.
IRS Solutions Software does not warrant that the functions contained in the Application will meet your requirements or operate in the combination that you may select for use, that the operation of the Application will be uninterrupted or error free, or that defects in the Application will be corrected. No oral or written statement by IRS Solutions Software or by a representative of IRS Solutions Software shall create a warranty or increase the scope of this warranty.
Some states do not allow the exclusion of implied warranties, so the above exclusion may not apply to you. This warranty gives you specific legal rights, and you may also have other rights that vary from state to state. Any warranties that by law survive the foregoing disclaimers shall terminate sixty (60) days from the date you first pay for access to the Application as shown by your receipt.
7. Limitation of Liability. YOUR SOLE REMEDIES AND IRS SOLUTIONS SOFTWARE’S ENTIRE LIABILITY ARE SET FORTH ABOVE. IN NO EVENT WILL IRS SOLUTIONS SOFTWARE OR ITS DISTRIBUTORS OR DEALERS BE LIABLE FOR DIRECT, INDIRECT INCIDENTAL OR CONSEQUENTIAL DAMAGES RESULTING FROM THE USE OF THE SOFTWARE, THE INABILITY TO USE THE SOFTWARE, OR ANY DEFECT IN THE SOFTWARE, INCLUDING ANY LOST PROFITS, EVEN IF THEY HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.
You agree that IRS Solutions Software and its distributors and dealers will not be liable for defense or indemnity with respect to any claim against you by any third party arising from Your possession or use of the Application. SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, AND SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS AND YOU MAY ALSO HAVE OTHER RIGHTS WHICH VARY FROM STATE TO STATE.
IRS Solutions Software’s entire liability and your exclusive remedy shall be a full refund of the subscription price.
8. Governing Law, Interpretation, Jurisdiction and Disputes. This Agreement shall be interpreted under and governed by the laws of the State of California, without regard to its rules governing the conflict of laws. If any provision of this Agreement is held illegal or unenforceable by a court or tribunal of competent jurisdiction, the remaining provisions of this Agreement shall remain in effect and the invalid provision deemed modified to the least degree necessary to remedy such invalidity. All disputes hereunder shall be resolved in the applicable state or federal courts of California. The parties consent to the jurisdiction of such courts, agree to accept service of process by mail, and waive any jurisdictional or venue defenses otherwise available.
9. Questions. If you have any questions concerning this Agreement, you may write to IRS Solutions, 25115 Avenue Stanford, Suite A203, Valencia, CA 91355.
10. Integration. This Agreement constitutes the entire understanding of the parties, and revokes and supersedes all prior agreements, whether oral or written, between the parties, and is intended as a final expression of their Agreement. It shall not be modified or amended except in writing signed by the parties hereto and specifically referring to this Agreement. This Agreement shall take precedence over any other documents that may be in conflict therewith. If, for any reason, any provision of this Agreement is found to be unenforceable, such provision shall be deemed to prohibit such activity to the extent it is found to be enforceable and other provisions of this Agreement shall be unaffected to the extent permitted by law. YOU HEREBY ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT, UNDERSTAND IT, AND AGREE TO BE BOUND BY ITS TERMS AND CONDITIONS.
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