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Terms & Conditions
 Quicken Elite™ Software End User Licence Agreement

Warning: Permission to use the Quicken Elite™ Software (“Elite”) and documentation is conditional upon you, the Customer, agreeing to the terms set out below. Do not install Elite until you have read and accepted all the terms of this licence. Installation of Elite will be deemed to be your acceptance of the following terms.

If you do not wish to accept these terms either (a) return this package to Reckon Limited, ACN 003 348 730 trading as Quicken Elite ("Reckon") Reckon within fourteen (14) days of purchase or (b) do not install Elite and notify Reckon within fourteen (14) days of purchase that you wish a refund; and any licence fee you may have paid will be refunded to you.
  1. Licence
    The copyright in Elite and its documentation is owned by Reckon. Subject to the terms of this licence you are granted a non-exclusive right for the Licence Period to use Elite on a single machine only. The Licence period is for one year only. Upon payment of the appropriate licence fees at the end of one year the Licence Period will be extended for another year and so on.
  2. Your obligations You hereby undertake:
    • not to copy, reproduce, translate, adapt, vary, modify, decompile, disassemble, reverse engineer, create derivative works of, modify, sub-license, rent, lease, loan or distribute Elite or its documentation other than as expressly authorised by this licence;
    • not to use Elite for or in connection with a service bureau operation;
    • to supervise and control the use of Elite in accordance with the terms of this licence; to ensure that your officers, employees, sub-contractors and other agents who have authorised access to Elite are made aware of the terms of this licence;
    • not to provide or otherwise make available Elite in any form to any person; and to advise Reckon in writing within seven (7) days of you becoming aware of any person using Elite who is not licensed by Elite to do so.
    You acknowledge that copyright subsists in Elite and any documentation and belongs to Reckon.
    You shall not during or any time after the expiry or termination of this licence permit any act which infringes that copyright.
    You shall indemnify Reckon fully against all liabilities, costs (on a solicitor and own client basis) and expenses, which Reckon may incur to a third party as a result of your breach of any of the provisions of this agreement.
  3. Support
    Reckon shall provide electronic support for Elite. Should you wish to use other support services, such as telephone support, then you agree to pay the then published rates in relation to such services which are supplied pursuant to the terms and conditions set out in this agreement. Any period of support notified in the published rates shall be automatically renewed unless either party advises the other party in writing or by email that it does not intend to continue with such support prior to the expiration of the term. Reckon reserves the right to suspend the provision of services unless its accounts are promptly paid.
  4. Upgrades
    Reckon may, in its sole discretion, make upgrades available from time to time via the web site at Elitepractice.com.au/>. Other upgrades which include new functionality may be available upon request for a fee. Other than as set out in this paragraph, nothing in this agreement imposes an obligation on Reckon to rectify any software or documentation errors in Elite or to provide you with any corrections, modifications, enhancements or other form of upgrades in relation to Elite.
  5. Disclaimer and acknowledgments
    You acknowledge that: Supplied with Elite are certain operating instructions and a failure to follow these instructions carefully could result in erroneous data being produced by Elite; You should check all final results provided by Elite for any anomalies; Elite does not check for all anomalies and data incorrectly entered may be processed without question; and Elite is licensed to you on the understanding that, subject to the warranties below, Reckon is not responsible for the results of any actions taken, either by you or a third party relying on figures supplied or not supplied by Elite.
  6. Limited Warranty
    Elite is provided to you on an "as is" basis and without any representations by Reckon or any of its authorised distributors regarding the use, performance or results of the use, of Elite. While Reckon has endeavoured to make sure that Elite works substantially as per the specifications published by Reckon from time to time, Reckon does not guarantee that Elite will work on all computer hardware platforms or configurations and makes no warranty that Elite will be error free, that its use will be uninterrupted or be fit for your purpose.

    Reckon does not guarantee connections to web based services and servers as these may be dependent upon third party networks and security measures over which Reckon has no control.
  7. Limitation of liability
    7.1 The Trade Practices Act, 1974 and other laws may imply certain conditions and warranties into this Licence and give you certain rights and remedies that cannot be excluded or modified. This clause 7, and the limited warranties provided in clause 6, do not exclude or modify any of those rights if to do so would contravene that law or make any part of this Licence void.

    7.2 To the full extent permitted by law, Reckon excludes all conditions, warranties and rights that may be implied into this Licence. If conditions, warranties or other rights for your benefit are implied in this Licence or otherwise conferred by law and it is not lawful to exclude, restrict or modify them, then those conditions, warranties and other rights will (but only to the extent required by law) apply to this Licence.

    7.3 Reckon's (and its distributors') liability for breach of any implied conditions or warranties that cannot be excluded is limited, to the extent permitted by law and at the option of Reckon, to replacing or re-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.

    7.4 Other than as set out in clause 7.2 and to the full extent permitted by law:

    Reckon (and its authorised distributors) will not be liable to you or any other person for any direct or indirect loss, damages, liability, costs or expenses suffered by you or any other person relating to the performance or non-performance of Elite or any breach of this Licence or the supply of Elite or in connection with, but not limited to, any online services, use of tax tables or provision of technical support (whether by telephone or remote access or other means); and

    Reckon's maximum liability for damages arising in connection with this Licence or the supply of Elite is limited to the amount paid by you for Elite.

    7.5 You agree that Reckon (and its authorised distributors) will not be liable, other than as expressly set out in this Licence, and that you will indemnify Reckon (and its authorised distributors) from any liability, loss, damage, costs or expenses which you may suffer or incur as a result of your use of Elite (including any claims made against you by third parties).

    7.6 Use of Elite is not provision of professional advice. The information contained in Elite may contain features designed to assist you in complying with the requirements of the relevant legislation, eg: BAS and imposing the Goods and Services Tax (the “GST”) or the equivalent in the user’s home country. These features in Elite have been developed with regard to the GST laws and regulations and guidelines provided by the Australian Taxation Office (the “GST Laws”) as at the date of development of Elite (or the user’s home country tax office). The GST Laws are subject to change and Elite may not be correct at the date upon which you make use of Elite. While the features will assist in GST calculations, Reckon does not warrant that the Australian Taxation Office or the user’s home country tax office will agree with such calculations. The help contained in Elite is not a substitute for professional advice. All applicable laws are extremely complex in nature and if you are not a professional user, then legal and accounting advice should be obtained before taking any action in reliance on this software. Elite is also not financial product advice. If Elite contains features to assist with superannuation guarantee requirements, then while Reckon will use reasonable efforts to make sure that it is up to date, Reckon does not warrant that the relevant reports will be compliant with legal requirements, as these change from time to time. In addition any tax tables or other tax updates that might be supplied with Elite are also changed from time to time and if you are not a professional, you should consult with your professional adviser before relying on the tax tables or other tax updates. Reckon does not warrant that the tax tables are up to date at your date of purchase. In providing you with the tax tables, Reckon is not engaged in rendering legal, accounting or other professional services. If legal advice or other expert assistance is required, and you are not yourself a professional, you should seek the service of a competent professional.

    7.7 Reckon has no responsibility for recommendations. Reckon, its employees, agents, contractors and the authors disclaim any and all liability and responsibility to any person, whether a user of Elite 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 Elite.

    7.8 To the full extent permitted by law, Reckon and its authorised distributors disclaim all liability for any corruption of data, inability to access data, loss of data, breach of privacy, or downtime as a result of or arising from the use of any online link available between Elite and another server including without limitation in connection with any online services.

    7.9 Reckon makes no warranty or representation in connection with the Online Services, the responsibility for which rests with the relevant provider of such Online Services.
  8. Duration
    If this Agreement is extended then the terms and conditions of this Agreement shall apply with the necessary modifications. This Agreement may be terminated without notice in the following circumstances: if you breach any term of this agreement; if you become the subject of insolvency proceedings; if you, being a firm or partnership, are dissolved; or if you destroy Elite and documentation for any reason. Upon termination, you or your representative shall destroy any remaining copies of Elite and documentation or otherwise return or dispose of such material in the manner directed by Reckon. Termination pursuant to this clause shall not affect any rights or remedies, which Reckon may have otherwise under this licence or at law.
  9. Licence Fees
    To the extent permitted by law, the licence fee does not include any taxes, charges, levies or duty which may be payable on the supply of such goods and services including without limitation any GST, stamp duty or otherwise. To the extent permitted by law, you are responsible for such taxes, charges, levies and duties and shall pay same to Reckon upon request.
  10. Assignment
    You may only transfer all your rights and obligations under this licence to another party if you have first obtained our prior written approval. Your licence will then terminated. If Elite is licensed in multiples of two or more (for example a pack) it may only be transferred in its entirety. Individual licences to such components cannot be transferred.
  11. Waiver
    Failure or neglect by Reckon to enforce at any time any of the provisions of this agreement shall not be construed or deemed to be a waiver of Reckon’s rights under this licence.
  12. Severability
    If any provision of this agreement is held invalid, unenforceable or illegal for any reason, this agreement shall remain otherwise in full force apart from such provision or part provision, which shall be deemed, deleted.
  13. Entire Agreement
    This agreement constitutes the entire agreement between the parties for the subject matter referred to in this agreement. Any prior arrangements, agreements, representations or undertakings are superseded. No modification or alteration of any clause of this agreement will be valid except in writing signed by each party.
  14. Governing law
    This agreement will be governed by and construed according to the law of the State of New South Wales, Australia. The parties irrevocably submit to the exclusive jurisdiction of the Courts of New South Wales, Australia.
© 2006 - 2007 Reckon Ltd ACN 003 348 730