S-TaxGeorgia/GA-TaxPro Software License Agreement Renewed by Agreement of Subscriber with Each Update (“EULA”)

In exchange for an annual subscription payment or a temporary trial arrangement for use of the S-Tax Georgia and GA-TaxPro program or programs, updates, and associated documentation (hereinafter PRODUCT), the User (hereinafter SUBSCRIBER), receives a license from S-Tax Georgia and GA-TaxPro / Davison Professionals, Inc. (hereinafter COMPANY) to use PRODUCT subject to the following terms and conditions:

    1. SUBSCRIBER understands that, in exchange for the prescribed fee payment or trial offer, SUBSCRIBER receives this license to use PRODUCT, along with one copy of PRODUCT, but that true ownership of PRODUCT is retained by COMPANY and that SUBSCRIBER may not copy PRODUCT except as prescribed by this agreement.
    2. COMPANY retains full copyright protection of PRODUCT. In no event may SUBSCRIBER sell, donate, or otherwise distribute copies of PRODUCT or permit the same. SUBSCRIBER also agrees to not transfer PRODUCT to any party in any form without prior written consent of COMPANY.
    3. SUBSCRIBER may use PRODUCT at a single geographic location (hereinafter SITE) per annual subscription fee paid. A SITE installation may consist of one copy of PRODUCT installed on a single network computer and accessed by multiple users throughout SITE, or one copy of PRODUCT installed on several individual workstations or stand-alone computers on SITE premises.
    4. Under no circumstances may PRODUCT be installed at or accessed from more than one SITE, regardless of the number of copies furnished, without payment of an annual subscription fee for each such SITE. SUBSCRIBER may (and is encouraged to) make one copy of PRODUCT installation disk and subsequent update disks for backup purposes, and may transfer the program and data files from the machine on which they are installed to storage media for backup purposes.
    5. Under no circumstances may PRODUCT be used beyond its scheduled expiration date on any SITE unless the annual subscription renewal fee has been paid as prescribed annually by COMPANY, its successors or assigns.
    6. Except as provided in this agreement, SUBSCRIBER may not transfer, sub-license, lease or rent, time-share or lend PRODUCT, SUBSCRIBER’s copy or copies of PRODUCT, or any of SUBSCRIBER’s rights under this agreement without prior written consent of COMPANY.
    7. SUBSCRIBER may not alter, de-compile, reverse engineer, disassemble, reverse translate, or in any other way, derive any source code from PRODUCT, or cause or aid any party or parties to do the same.
    8. SUBSCRIBER may not remove or obscure COMPANY’s trademark or copyright notices within PRODUCT on PRODUCT documentation, or on any hardcopy output produced by PRODUCT.
    9. COMPANY warrants the physical media (CD or diskette) portion of PRODUCT to be free from defects in material and workmanship and shall replace such media free of charge if found by SUBSCRIBER to be defective at the time of installation.
    10. COMPANY PROVIDES PRODUCT ‘AS IS’ AND SHALL NOT BE LIABLE FOR ANY TORT, INDIRECT, SPECIAL, OR CONSEQUENTIAL DAMAGES SUCH AS LOSS OF REVENUE OR PROFITS, OR LOSS OF GOOD WILL RESULTING FROM OR PERCEIVED TO RESULT FROM THE USE OF PRODUCT OR INABILITY TO USE PRODUCT.
    11. With regard to paragraph 7 of this agreement and the PRODUCT WARRANTY, SUBSCRIBER understands and agrees that, in order to provide SUBSCRIBER flexibility in using PRODUCT, certain items within PRODUCT are configurable by SUBSCRIBER, among them being county local tax rates, estimated tax requirements, and tax factors for sales tax purposes and county depreciation factors for property tax returns. While COMPANY does provide PRODUCT updates to maintain the current status of local county tax rates within PRODUCT, COMPANY is in no way responsible for the production by SUBSCRIBER or SUBSCRIBER’s associates or employees, of returns in which the incorrect sales tax rates, sales tax factors, or depreciation factors are used.
    12. With regards to paragraphs 7 and 8 of this agreement and the PRODUCT WARRANTY, SUBSCRIBER understands and agrees that both the sales and use tax and property tax returns contain affirmations that the preparer has examined the return and determined it to be true and correct based on the source data from which it was prepared. COMPANY cautions SUBSCRIBER against failing to examine for content and accuracy each and every return prepared with PRODUCT.
    13. With reference to paragraphs 7, 8, and 9 of this agreement and the PRODUCT WARRANTY, SUBSCRIBER understands and agrees that COMPANY is not liable in any way for returns submitted having incorrect data or calculations.
    14. The only warranties provided SUBSCRIBER with regard to PRODUCT or performance by COMPANY are expressed within this agreement and the PRODUCT WARRANTY. NO OTHER WARRANTIES EXIST EITHER EXPRESSED OR IMPLIED.
    15. SOME STATES DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES. THEREFORE THIS LANGUAGE MAY NOT APPLY TO YOU. IN SUCH CASE, COMPANY’s LIABILITY SHALL BE LIMITED TO A REFUND OF THE ANNUAL SUBSCRIPTION FEE.
    16. Federal Copyright Laws, if necessary, and shall inure to the benefit of COMPANY, its successors and assigns.
    17. The invalidity or unenforceability of any provision or provisions or this agreement shall not affect the remaining provisions hereof.
    18. This is the only agreement between SUBSCRIBER and COMPANY. It cannot and shall not be modified unless prescribed in writing and signed by both SUBSCRIBER and an authorized officer of COMPANY.