Peachtree Software  / Best Software, Inc. License Agreement (the "Agreement")

PLEASE READ CAREFULLY THE TERMS AND CONDITIONS OF THIS LICENSE AGREEMENT BEFORE CLICKING THE ACCEPT BUTTON PRIOR TO INSTALLATION OF THIS COMPUTER SOFTWARE. BY CLICKING THE ACCEPT BUTTON PRIOR TO INSTALLATION YOU OR THE ENTITY THAT YOU ARE AUTHORIZED TO REPRESENT ("YOU" OR "YOUR") SIGNIFY YOUR ACCEPTANCE OF THE TERMS OF THIS LICENSE. YOU MUST AGREE TO THE LICENSE TERMS AND CONDITIONS PRIOR TO THE INSTALLATION PROCESS. IF YOU DO NOT AGREE WITH THESE TERMS, YOU SHOULD CANCEL THE INSTALLATION PROCESS. 

The following states the license agreement that governs Your use of the FAS(tm) for Peachtree product. You acknowledge and accept this Agreement by proceeding with the installation of this computer software from disks or CD-ROM.

NOTE: FAS for Peachtree contains a 200 asset limit per company. If you have more than 200 assets you can convert your data in its entirety and be able to depreciate those assets. However, you will NOT be able to add additional assets to this company. Or you may consider purchasing FAS FirstStep for Peachtree, a program that allows up to 1,000 assets. For more information about purchasing this product, please contact Best Software at 800-845-5607.

Peachtree Software, Inc. ("Peachtree"), in cooperation with Best Software, Inc. ("Best") provides the FAS(tm) for Peachtree computer software program(s) and documentation printed manuals, guides, bulletins, and/or online Help) contained in the package and any modifications, updates, revisions, or enhancements received by You from Peachtree or its dealers (the "Program") and licenses its use under the terms below.

a. You are granted a personal nontransferable, non-exclusive license to use the Program under the terms stated in this Agreement for personal use in Your business or profession. This Agreement or the receipt of payment by Peachtree for this Program does not convey any rights of title or ownership of the Program.  You hereby acknowledge that title and ownership of the Program and of the copyright in the Program remain with Best, including all associated intellectual property rights and the right to distribute the Program or portions thereof to future licensees.

b. You may not make copies, translations, or modifications of or to the Program, except You may copy the Program into a machine-readable or printed form for backup purposes in support of Your use of the Program. You may not retransmit in any form, resell or redistribute the Program without the prior written consent of Best. You must reproduce the copyright notice on any copy of the Program or portion of the Program merged into another program. All copies of the Program and any portion of the Program merged into or used in conjunction with another program are and will continue to be the property of Best and subject to the terms and conditions of this Agreement.

c. If You have acquired a trial version of the program, the program is for evaluation use only. You can use this trial version of Peachtree Accounting up to fifteen (15) times. After your 15th use, your trial software will expire. You understand that FAS for Peachtree also may not function fully and should not be used by you after this expiration date.  This trial version must not be used for the purpose of upgrading existing Peachtree Accounting databases. To purchase Peachtree Accounting software for your business, visit a local software reseller or contact Peachtree Software, Inc. For information on additional products and services that Peachtree Software provides, call 1-800-336-1420 (within the US), +1-770-724-4000 (outside the US), or visit our Web site at www.peachtree.com.

d. If You have acquired an educational version of the program, it includes a limited-use license intended for educational purposes only and does not require user registration. To purchase Peachtree Accounting software for Your business, visit a local software reseller or contact Peachtree Software, Inc. For information on additional products and services that Peachtree Software provides, call 1-800-336-1420 (within the US), +1-770-724-4000 (outside the US), or visit our Web site at www.peachtree.com.

e. You have acquired a single-user version of the Program. You are granted a single, nontransferable, non-exclusive license to use the Program under the terms stated in this Agreement in a single user arrangement. Single user arrangement is defined as a situation where one user accesses data stored on a local area network one at a time. The Program may be used by You at a single location on a single computer, which You own or use and for which the Program is designed to operate. The primary user of the computer on which the Program is installed may make a second copy for his or her exclusive use on either a home or portable computer that is used as a secondary computer.

f. You have the right to use the Program on a local area network established by You at a single location. You must acquire and dedicate a license for each separate computer on which the Program is installed within or outside of the network. A license for the Program may not be shared or used concurrently on different computers. 

g. You may not assign, sell, distribute, lease, rent, sublicense, or transfer the Program or this license or disclose the Program to any other person. You may not Web-enable the Program or sell, distribute, lease, rent, sublicense, or otherwise offer access to or use of, the Program via the Internet or via any other network which available to or accessible by third parties. You may not reverse-engineer, disassemble, or decompile the Program or otherwise attempt to discover or use the source code or structural framework of the Program.

h. This license automatically terminates if You fail to comply with any provision of this Agreement. You agree upon termination to destroy the Program, together with all copies, modifications, and merged portions in any form, including any copy in Your computer memory or on a hard disk.

LIMITED WARRANTY
Best warrants that the Program substantially conforms to the specifications contained in Peachtree's packaging and promotional materials for a period of sixty (60) days from delivery as evidenced by Your receipt, provided that the Program is used on the computer operating system for which it was designed. Peachtree and Best further warrants that the media on which the Program is furnished will be free from defects in material or workmanship for a period of sixty (60) days from delivery as evidenced from Your receipt. All warranties stated in this Agreement apply only when the Program is used within the United States of America and its territories. This sixty (60) day limited warranty is void if failure of the Program has resulted from accident, abuse, misapplication, abnormal use or a virus.  As to defects discovered after the sixty (60) day period, there is no warranty or condition of any kind.  Any supplements or updates to the Program provided to You after the expiration of the sixty (60) day limited warranty period are not covered by any warranty or condition, express, implied or statutory.

Peachtree's sole obligation and liability for breach of the foregoing warranties shall be to replace or correct the Program, at Peachtree's sole option, so that the Program substantially conforms to the specifications or to replace the defective media, as the case may be.

The user of FAS(tm) for Peachtree assumes the responsibility for the selection of the Software as being appropriate for Your purposes.  You understand and agree that (i) You are solely responsible for the content and accuracy of all reports and documents prepared with the Software; (ii) using the Software does not relieve You of any professional obligation concerning the preparation and review of such reports and documents; (iii) You do not rely upon Peachtree, Best or the Software for any advice or guidance regarding the appropriate tax treatment of items reflected on such reports or documents; (iv) You will review any calculations made by using the Software and satisfy Yourself that those calculations are correct; and (v) Peachtree's support service is designed to offer technical support for issues regarding the features and functionality of this Software in the Supported Operating Environments only.

Any modification of the Program by anyone other than Peachtree or Best voids the foregoing warranties. The forgoing warranties and remedies are exclusive. NO OTHER WARRANTIES ARE EXPRESSED AND NONE SHALL BE IMPLIED, STATUTORY OR OTHERWISE, AS TO THE CONDITION, COMPATIBILITY, QUALITY, DURABILITY, PERFORMANCE, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OF THE REPORTS. PEACHTREE DOES NOT WARRANT THAT THIS SOFTWARE OR THE SUPPORT SERVICES IS FREE OF BUGS, VIRUSES, IMPERFECTIONS, ERRORS, OR OMISSIONS. PEACHTREE SPECIFICALLY DISCLAIMS AND EXCLUDES ANY IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. YOU ASSUME ANY AND ALL RISK ASSOCIATED WITH THE USE AND INCORPORATION OF THE PROGRAM. SOME STATES DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE FOREGOING MAY NOT APPLY TO YOU.

LIMITATION OF LIABILITY
IN NO EVENT SHALL PEACHTREE, BEST OR THEIR AGENTS BE LIABLE FOR ANY DAMAGES OR PENALTIES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, INCIDENTAL, INDIRECT, EXEMPLARY, PUNITIVE AND CONSEQUENTIAL DAMAGES, LOST PROFITS, OR DAMAGES RESULTING FROM LOST DATA OR BUSINESS INTERRUPTION) ARISING OUT OF OR IN CONNECTION WITH THE INSTALLATION, USE, IMPROPER USE OR INABILITY TO USE THE REPORT(S) WHETHER BASED ON WARRANTY, CONTRACT, TORT, DELICT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT PEACHTREE OR BEST IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.  IN NO EVENT SHALL PEACHTREE'S OR BEST'S LIABILITY FOR ANY DAMAGES (DIRECT OR OTHERWISE) OR PENALTIES OR LOSS, REGARDLESS OF THE FORM OF ACTION OR CLAIM, WHETHER IN CONTRACT, TORT, DELICT OR OTHERWISE EXCEED THE AMOUNT PAID BY YOU FOR USE OF THE PROGRAM.

DISCLAIMER REGARDING INTERACTIVE SERVICES
Certain interactive services available through the Software allow You to connect with other parties. Peachtree and Best cannot control the actions of those parties or the security of information sent to those parties using the Software. Peachtree and Best must rely on information received from third parties in performing certain services, and are not responsible for errors in the information Peachtree and Best receive. 

Export Restrictions
You acknowledge and agree that the Software is subject to U.S. Export restrictions. You agree and certify that neither the Software nor any direct product thereof is being or will be acquired, shipped, transferred or exported, directly or indirectly outside the United States or Canada or will be used for any purpose prohibited by U.S. Export restrictions; provided, however, U.S. citizens and U.S. permanent resident aliens may travel to countries not prohibited by these restrictions with the Software when it is installed on their personal computer and not otherwise used or transferred in violation of the U.S. Export restrictions.

Support
Peachtree will support the current version of this software and any previous versions that Peachtree elects to support. However, due to the constantly changing environment of personal computer technology, and Internet technology previous versions may become inoperable or incompatible with current operating systems, hardware, Peachtree Services, third party interactive services or other technologies. For You to continue to operate successfully, it may be necessary to purchase an upgrade. Any upgrades purchased by You are considered part of the Program and subject to the terms and conditions of the Agreement.  Support requires purchase of a support option, as outlined in the package or on our Web site.

Peachtree Software, Inc. does not provide technical support for evaluation or educational versions of the Program. To receive technical support from Peachtree Software, You must purchase a single-workstation or multiple-workstation license of the Program.

Tax Updates
Likewise, changes in state, federal, or local tax laws may render this software, or previous versions, obsolete. To continue to operate FAS for Peachtree successfully, it may be necessary for You to purchase the FAS Tax Service from Best Software, Inc.  In addition to these fees, Peachtree or Best may require You to purchase an upgrade to a current version of the Program as tax laws change. Peachtree and Best do not update versions of the Program that are not shipping at the time of a change in tax laws.

Links to External Sites 
Peachtree provides links in Peachtree Today to other Web sites on the Internet that are owned and operated by third-party vendors and other third parties not under the control of Peachtree. These links are provided for Your convenience only and are not intended as a warranty of any type regarding the other Web sites or the information or services offered on such Web sites. Under no circumstances shall Peachtree, or its subsidiaries or affiliates, be responsible or liable in any way for the availability of, services or products offered, or the content located on or through, any such external Web site.

RECOMMENDED ENVIRONMENT
This Program has been designed to work optimally in the environment documented within the system requirements. Any defects, inconsistencies, or issues arising out of operating outside the parameters set forth therein may require the licensee to pay additional maintenance/upgrade costs to Peachtree to support and/or rectify.

U.S. Government Restricted Rights
The Program is provided to the Government with RESTRICTED RIGHTS. Use, duplication, or disclosure by the Government is subject to restrictions set forth in subdivision (c) (1) of The Rights in Technical Data and Computer Software clause at 252.227-7013 or subparagraphs( c ) (1) and (2) of the Commercial Computer Software - Restricted Rights at 48 CFR 52.227-19, as applicable. Contractor/Manufacturer is Peachtree Software, Inc., 1505 Pavilion Place, Norcross, GA 30093.
 
This Agreement is governed by the laws of the state of Georgia. In the event that any provision of this Agreement is found invalid or unenforceable pursuant to judicial decree, the remainder of this Agreement shall be valid and enforceable according to its terms. PEACHTREE and PEACHTREE SOFTWARE are registered trademarks of Peachtree Software, Inc. and FAS is a trademark of Best Software, Inc. For an up-do-date list of copyright and trademark statements, refer either to the copyright page of the Peachtree User's Guide or the Help About Peachtree window within the Program. Other product names mentioned may be service marks, trademarks, or registered trademarks of their respective companies and are hereby acknowledged.

This Agreement (including any addendum or amendment to this Agreement which is included with the Program) is the entire agreement between You and Peachtree relating to the Program and the support services (if any) and they supercede all prior or contemporaneous oral or written communications, proposals and representations with respect to the Program or any other subject matter covered by this Agreement.