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Licence Agreement
The following is an agreement between you, the user and FredSoft Technologies Inc., the author and service provider of the fredsoft.ca web site and of AceTax software application. By clicking on "Accept Agreement", you make a commitment to comply with all the provisions of this licence agreement. --------------------------------------------------- ACETAX USER AGREEMENT --------------------------------------------------- This agreement governs the use of AceTax, a software application designed for preparing Canadian tax returns. This agreement covers the use of the application and all related materials including but not limited to documentation, help, instructions and all services provided by AceTax, including the downloading of tax returns to be viewed on screen, printed and filed electronically or on paper. You may not use AceTax until you have read this agreement and indicated your unconditional acceptance of it by clicking the "Accept Agreement" button. Otherwise, you should click the "Decline Agreement" button. By accepting the terms of this licence agreement, you become a licensed and registered user of AceTax. If, in the opinion of FredSoft Technologies Inc., you are attempting to act in breach of this agreement, FredSoft Technologies Inc. shall have the right to immediately terminate your access to and use of AceTax. This agreement sets forth FredSoft Technologies Inc.'s entire liability and your exclusive remedy with respect to the AceTax software application and it is a complete statement of the agreement between you and FredSoft Technologies Inc. This agreement does not limit any rights that FredSoft Technologies Inc. or any of its partners may have under trade secret, copyright, patent or other laws. No one, including the employees of FredSoft Technologies Inc., is authorized to modify this agreement or to make any other contingent commitments on behalf of FredSoft Technologies Inc., except in a written document signed by an authorized officer of FredSoft Technologies Inc. --------------------------------------------------- ACETAX AUTHORIZED USE --------------------------------------------------- As a licensed user and subject to this agreement, you have the right to use AceTax to prepare Canadian tax returns for yourself and members of your family. This software may be used to prepare the federal income tax return; however, the user is responsible for using the software correctly and is liable for any omissions or errors in the information provided You acknowledge that after payment of the service fee only, you have the right to download the tax returns that you have prepared for viewing on your computer, for filing electronically to the CRA (if you are eligible, per the respective rules of these taxing authorities) and for printing the tax returns and/or filing them on paper. You acknowledge that you do not have the right to use AceTax to prepare tax returns, in full or in part, on a professional basis (for a fee or payment of any kind). You acknowledge that you do not have any right to access or to try to access any AceTax services other than to prepare your and your family's tax returns and to use the documentation and help services necessary to help you perform this task. No material available on this secure Web site may be copied, reproduced, republished, downloaded, transmitted, or distributed in any way without the explicit written permission of FredSoft Technologies Inc. No material available on this secure Web site may be modified in any way without the explicit written permission of FredSoft Technologies Inc. You agree that any such action is rightly a violation of FredSoft Technologies Inc.'s copyright, trademark and other related rights. You agree not to pass on to any potential competitor of FredSoft Technologies Inc. any trade or other secrets that you may learn about the AceTax software application. --------------------------------------------------- Limited warranty --------------------------------------------------- Except as expressly stipulated in the present agreement, the service offered on the fredsoft.ca Web site is provided "as is". To the maximum extent permitted by applicable law, FredSoft Technologies Inc. and its associated parties disclaim all other warranties, express or implied, regarding the services and the related materials available on the site fredsoft.ca, including their fitness for a particular purpose, their quality or their merchantability. FredSoft Technologies Inc. warrants the accuracy of the calculations performed based on their input only. Therefore, FredSoft Technologies Inc. disclaims any responsibility for the reliability or adequacy of any choices or decisions you make with respect to the treatment and processing of your tax information by AceTax. FredSoft Technologies Inc. ensures that the tax forms that you print are certified by the CRA and that any files you download for electronic transmission to the CRA are also duly certified. You understand and agree that FredSoft Technologies Inc. is not in the business of providing tax advice, cannot and will not do so. Any support provided on the fredsoft.ca Web site is exclusively offered to help you use the AceTax software application and not to provide fiscal expertise. This includes help articles, documentation, instructions and any material published electronically or otherwise by FredSoft Technologies Inc. or any associated parties, and includes any support given by email or otherwise. Associated parties shall include, without limitation, affiliated or related companies, employees of FredSoft Technologies Inc. and of its affiliated companies, persons or corporation subcontracted by FredSoft Technologies Inc. or any affiliated companies or anyone else representing FredSoft Technologies Inc. with or without its express written permission. You agree that you and only you, are responsible for reviewing the tax results on AceTax for accuracy before proceeding to download the tax files you have created. You also agree that you and only you, are responsible for making sure that any member of your family for whom you prepare a return reviews his or her tax return for any errors before filing their return electronically or on paper. You further agree that "reviewing a return" means an acknowledgement that all information reported on the tax return is correct and that no data is erroneous or missing. You agree that only the person whose tax return is being filed is responsible for the accuracy of that tax return and not FredSoft Technologies Inc., its principals, its employees or any person, corporation or other organization that has helped FredSoft Technologies Inc. in any manner whatsoever. FredSoft Technologies Inc. does not warrant that the AceTax software application is free from bugs, interruptions, errors, or other program limitations, nor that the fredsoft.ca site, or the server that makes it available, is free of viruses or other harmful components. You acknowledge and agree that communications systems used for accessing and interacting with AceTax and/or the governments (e.g. telephones, computer networks and the Internet) are liable to fail on occasion and may interfere with or prevent your access to fredsoft.ca, the CRA. FredSoft Technologies Inc. is in no way responsible for any such interference with or prevention of your use of such communications systems. You also agree that FredSoft Technologies Inc. is not responsible for any interference on the communications networks which may corrupt a file. You will not be able to file electronically if the government services are not available. Therefore, you agree that, if filing your tax returns electronically to the CRA, you are responsible for doing so at times that their respective services are open and you acknowledge that FredSoft Technologies Inc. assumes no responsibility for either service being in or out of operation either during or after the tax season. FredSoft Technologies Inc. cannot guarantee that your electronic or paper tax return will be accepted as filed and that the taxing authorities will not require further information. Therefore, you acknowledge that the AceTax documentation available on the fredsoft.ca Web site clearly indicates that the CRA may require additional information. You are responsible for verifying the status of your returns with the CRA to confirm that they have been received and accepted and, if necessary, for filing them manually on paper if you had not originally done so. You agree that you and not FredSoft Technologies Inc., will assume the entire cost, if any, of the consequences of filing an inaccurate or incomplete tax return. Because tax laws and regulations change frequently and their application varies widely based upon the specific facts and circumstances, interpretation rules and taxing policies involved, you alone are responsible for the contents of your tax return. --------------------------------------------------- Limitation of liability and damages --------------------------------------------------- You acknowledge and agree that the entire liability of FredSoft Technologies Inc. and any associated parties shall be at all times limited to the amount that you paid for the licence to use AceTax. FredSoft Technologies Inc. will not in any way be liable for any indirect, special, incidental, or consequential damages (including damages for loss of business, loss of profits or investment, or the like) whether based on breach of contract, breach of warranty, tort (including negligence), product liability or otherwise, even if FredSoft Technologies Inc. has 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. --------------------------------------------------- Security and confidentiality --------------------------------------------------- You are the only person authorized to use your user identification and password and you bear full responsibility for preserving their confidentiality and for the risk involved in divulging such information. You acknowledge that the tax information you provide is stored on AceTax's secure servers and/or data bank and you agree to allow FredSoft Technologies Inc. to keep secure copies of the tax information that you have entered. FredSoft Technologies Inc. will not sell this information or use it in any way except insofar as you require or request and insofar as is needed to securely backup and store it. You acknowledge and agree that certain information will be kept by FredSoft Technologies Inc. for its customer records, including your user ID, your email address, your social insurance number, your gender, your date of birth, your mailing address and your telephone number. FredSoft Technologies Inc. does not, however, have any obligation to keep such information in its customer records. You acknowledge and accept that FredSoft Technologies Inc. may contact you to offer the AceTax tax preparation service next year. You also acknowledge and accept that FredSoft Technologies Inc. may contact you to get your permission to electronically access your tax information in order to give you assistance in using the AceTax service, if need be. FredSoft Technologies Inc. will not access your tax information without your prior approval. You acknowledge and agree that if FredSoft Technologies Inc. needs to transmit any information to you, it will do so either by posting such information on the Web site www.fredsoft.ca or by email. You agree that FredSoft Technologies Inc. is not required to contact you in any other manner whatsoever. --------------------------------------------------- Copyrights --------------------------------------------------- FredSoft Technologies Inc. shall retain all rights, title and interest, including all intellectual property rights, in and to the AceTax software application. You acknowledge that the AceTax software application and all related materials are protected by the copyright laws of Canada and international treaty provisions and you agree not to remove any copyright or other proprietary or product identification notices contained thereon. You acknowledge and agree that all or portions of the AceTax software application or related materials may have been designed and/or developed by third party licensors and may include software licensed by such third parties, who shall be authorized to hold you responsible for any copyright infringement or violation of this agreement. --------------------------------------------------- Miscellaneous --------------------------------------------------- You agree to pay FredSoft Technologies Inc. the fees for using AceTax by means of your valid credit card and, except as otherwise provided herein, all fees and charges are nonrefundable. You acknowledge and agree that over and above the fee for preparing your return using the AceTax service, you are also responsible to pay the HST or GST plus applicable PST based upon the fee charged. FredSoft Technologies Inc. assumes no responsibility for paying any other taxes in relation to your and your family's tax returns. You are responsible for using AceTax only on computers and telephone or other lines that you have permission to use and you are responsible for all related charges, if applicable, such as cable, ISP, telephone charges, etc.
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