JAZZIT FUNDAMENTALS HELP GUIDE
×
Menu
Quick Guides

Jazzit Fundamentals End User Licence Agreement (EULA)

 
PLEASE READ THIS DOCUMENT CAREFULLY.  THIS IS A LEGAL AGREEMENT BETWEEN YOU (THE “LICENSEE”) AND ACCOUNTANTS TEMPLATES INC.
(THE “LICENSOR”) REGARDING LICENSEE’S USE OF THE JAZZIT TEMPLATES, RELATED DOCUMENTATION AND ALL FUTURE UPDATES TO THE FOREGOING (THE "PRODUCT") PROVIDED TO THE LICENSEE BY LICENSOR.
BY INSTALLING THE PRODUCT, LICENSEE AGREES TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS AGREEMENT, INCLUDING THE LIMITATIONS ON THE GRANT OF LICENSE, THE DISCLAIMER OF
WARRANTIES AND THE LIMITATION OF LIABILITY CONTAINED HEREIN. IF LICENSEE IS NOT WILLING TO BE BOUND BY ALL OF THE TERMS AND CONDITIONS OF THIS AGREEMENT, LICENSEE MUST NOT INSTALL AND/OR USE THE PRODUCT AND MUST PROMPTLY RETURN THE PRODUCT TO LICENSOR FOR A REFUND. 
Licensor is willing to license the enclosed Product to Licensee on the condition that Licensee accepts all of the terms of this License Agreement.
 
1. PERMITTED USES
 
1.1 Licensor hereby grants to Licensee a non-exclusive, non-transferable (subject to Section 4.1) license to use the Product subject to the terms and conditions of this License Agreement.
 
1.2 Licensee’s use of the Product shall be limited to those number of Users for which Licensee has paid the applicable licensee fee. For the purpose of this Section 1.2, a “User” means an individual employee or contractor of Licensee who is using the Product in the conduct of Licensee’s business. If additional User licenses are required, Licensee may obtain such licenses from Licensor, or its authorized dealers and resellers, upon payment of applicable license fees.
 
1.3 Activities not expressly permitted herein are prohibited.
 
1.4 Licensee may make one copy of the Product for back-up or archival purposes only.
 
2. PROHIBITED USES
 
2.1 Licensee shall not do anything with this Product that is not expressly permitted, including, but not limited to:
 
2.1.1 Use the Product in any manner that infringes the intellectual property rights or other rights of the Licensor or any third party;
 
2.1.2 Use any back-up or archival copy for any purpose other than to replace an original copy if it is destroyed or becomes defective;
 
2.1.3 Use or permit the use of the Product, or any part thereof, for business service bureau purposes;
 
2.1.4 Rent, lease, sell, license, sublicense, distribute, make available, or otherwise grant rights or make available for use by others, all or a portion of the Product;
 
2.1.5 Make some or all of the Product available on any web site as a separate or downloadable reusable file, or disassemble, decompile, reverse engineer, translate or otherwise decode the Product for any reason; and
 
2.1.6 Reproduce the Product, or any portion thereof, other than for the preparation of client files within its office.
 
3. INTELLECTUAL PROPERTY
 
3.1 Licensor and its suppliers are the owners of all right, title and interest, including intellectual property rights, in the Product, including the logic, design and structure of the Product, the object and source code of the Product, related written materials, logos, names and other support materials furnished by Licensor. No right, title or interest, including the intellectual property rights, in the Product, the documentation, storage media or any other material provided therewith is transferred to you by this License Agreement.
 
4. TRANSFER
 
4.1 Licensee may not transfer, assign, or encumber any of its license rights and obligations under this License Agreement or in the Product, or any copies thereof, without obtaining Licensor’s prior written consent and meeting the following conditions:
 
4.1.1 Licensee shall provide, in writing, the name and address of the transferee;
 
4.1.2 Licensee shall pay Licensor’s standard license transfer fee, if applicable;
 
4.1.3 Transferee must agree in writing to be bound by this License Agreement;
 
4.1.4 Licensee must transfer all components of the Product, including all copies, updates and prior versions, to such person or entity; and
 
4.1.5 Licensee may retain no copies of the Product in any client file, including copies stored in any form or media.
 
5. LIMITED WARRANTY
 
5.1 Licensor warrants to Licensee that the Product will perform substantially in Accordance with any enclosed documentation for the 30 day period following receipt of the Product. If the Product does not perform substantially in accordance with the documentation, the entire and exclusive liability and remedy shall be limited,at Licensor’s option, to either the replacement of the Product or the refund of the license fees that Licensee paid for the Product.
 
5.2 Licensor does not warrant the performance or results Licensee may obtain by using the Product. The Product is licensed to Licensee on an "AS IS" basis without warranty of any nature, unless expressly provided. TO THE EXTENT PERMITTED BY LAW, LICENSOR EXPRESSLY DISCLAIMS ALL EXPRESS WARRANTIES NOT STATED HEREIN AND ALL IMPLIED WARRANTIES AND CONDITIONS,INCLUDING ANY IMPLIED WARRANTY OR CONDITION OF MERCHANTABLE QUALITY AND FITNESS FOR ANY PARTICULAR PURPOSE.
 
5.3 WITHOUT LIMITING THE DISCLAIMER OF WARRANTY SET OUT IN SECTION 5.2, LICENSOR SHALL NOT BE RESPONSIBLE FOR THE WORK PRODUCT RESULTING FROM THE USE OF THE PRODUCT AND LICENSEE SHALL BE SOLELY RESPONSIBLE FOR COMPLIANCE WITH GENERALLY ACCEPTED ACCOUNTING PRINCIPALS (GAAP) AND ANY OTHER APPLICABLE  LEGISLATIVE OR REGULATORY REQUIREMENTS CONCERNING SUCH  WORK PRODUCT.
 
5.4 Some jurisdictions do not allow the exclusion of implied warranties, conditions or limitations on the length of an implied warranty, so the above limitations may not apply to Licensee. To the extent permitted by law, where implied warranties or conditions may not be excluded, such implied warranties and conditions are limited to 30 days from Licensee’s receipt of the Product and thereafter any implied warranties and conditions are expressly disclaimed. This warranty gives Licensee specific legal rights. Licensee may have other rights which vary from province to province or jurisdiction to jurisdiction. For further warranty information, please contact Licensor.
 
6. LIMITATION OF LIABILITY
 
6.1 TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL LICENSOR BE LIABLE TO LICENSEE OR THIRD PARTIES FOR ANY INDIRECT, CONSEQUENTIAL, INCIDENTAL OR SPECIAL DAMAGES, INCLUDING ANY LOST PROFITS, BUSINESS INTERRUPTION LOSSES, LOST SAVINGS,DATA LOSS OR CORRUPTION, EVEN IF LICENSOR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, REGARDLESS OF WHETHER SUCH LIABILITY IS BASED IN TORT, (INCLUDING NEGLIGENCE) CONTRACT OR OTHERWISE.
 
6.2 Licensor’s maximum aggregate liability to Licensee, and that of any dealers or suppliers, shall not exceed the amount Licensee has paid for a license to use the Product.
 
6.3 The limitations imposed by this paragraph all apply whether or not the alleged breach or default is a breach of a fundamental condition or term.
 
6.4 Some provinces or jurisdictions do not allow the exclusion or limitation of indirect, incidental, consequential or special damages, so the above limitations may not apply to Licensee.
 
7. GOVERNING LAW AND GENERAL PROVISIONS
 
7.1 This License is governed by the laws in force in the province of Alberta, Canada, excluding the application of its conflicts of law rules.
 
7.2 This License is not governed by the United Nations Convention on Contracts for the International Sale of Goods, the application of which is expressly excluded.
 
7.3 If any part of this License is found to be void or unenforceable it shall not affect the validity of the balance of the License, which shall remain valid and enforceable according to its terms.
 
7.4 This License shall automatically terminate upon failure by Licensee to comply with its terms. Any such termination shall be in addition to and without prejudice to such rights and remedies as may be available, including injunction and other equitable remedies.  Upon receipt of a written notice of termination from the Licensor, Licensee shall immediately (a) cease use of the Product; (b) return to the Licensor the Product and all storage media containing the Product provided to you (and destroy all copies thereof in your possession or control); and (c) within five (5) days after receiving such written notice provide the Licensor with a written confirmation that you have complied with the foregoing. Sections 3, 5, 6 and 7.4 shall survive the termination of this License Agreement.
 
7.5 This License constitutes the entire agreement between the parties with respect to Licensee’s use of the Product and supercedes all prior or collateral oral or written representations or agreements related thereto.
 
7.6 This License may only be modified in writing and signed by an authorized officer of Licensor.
 
7.7 If Licensee acquired this Product in Canada, Licensee agrees to the following:
 
7.7.1 The parties hereto have expressly required that the present agreement be drawn up in the English language.
 
7.7.2 Les parties aux présentes ont expressement éxige que la présent convention soient rédigées en langue anglaise.
 
8.  ATI CPA CANADA Forms Templates Addendum
 
8.1 If this product includes content from the Chartered Professional Accountants of Canada Public Practice Manual the following disclaimer applies to such forms:
 
8.1.1 The Chartered Professional Accountants of Canada (CPA Canada) has acted solely as the publisher of the Public Practice Manual Forms (PPM Forms). Neither CPA Canada nor any Provincial Institute or Order of Chartered Accountants/Chartered Professional Accountants, or any committee thereof, are responsible for the contents of the PPM Templates, nor the use thereof.
 
8.1.2 CPA Canada has developed the PPM Forms to assist public accountants and their staff to conduct professional engagements. Although we believe that the PPM Forms will be useful in the conduct of a professional engagement, CPA Canada does not warrant that the use of the PPM Forms, in whole or in part, are necessarily adequate to discharge the legal or professional obligations or liability of the user in the conduct of such engagements on their practice.
 
8.1.3 CPA Canada has authorized license to create and sell the Licensee CPA Canada PPM Forms Templates. CPA Canada has provided Licensee with the most current copy of the PPM Forms as published in the Public Practice Manual, however, CPA Canada has not reviewed the Licensee CPA Canada PPM Forms Templates and cannot warrant that the Licensee CPA Canada PPM Forms Templates are identical to the most current version of the PPM Forms in the Public Practice Manual.
 
8.2 If this product includes content from the Chartered Professional Accountants of Canada Canadian Professional Engagement Manual (C-PEM) the following disclaimer applies to such forms:
 
8.2.1 The Chartered Professional Accountants of Canada (CPA Canada) has acted solely as the publisher of the Canadian Professional Engagement Forms (C-PEM Forms). Neither CPA Canada nor any Provincial Institute or Order of Chartered Accountants/Chartered Professional Accountants, or any committee thereof, are responsible for the contents of the C-PEM Templates, nor the use thereof.
 
8.2.2 CPA Canada has developed the C-PEM Forms to assist public accountants and their staff to conduct professional engagements. Although we believe that the C-PEM Forms will be useful in the conduct of a professional engagement, CPA Canada does not warrant that the use of the C-PEM Forms, in whole or in part, are necessarily adequate to discharge the legal or professional obligations or liability of the user in the conduct of such engagements on their practice.
 
8.2.3 CPA Canada has authorized license to create and sell the Licensee CPA Canada C-PEM Forms Templates. CPA Canada has provided Licensee with the most current copy of the C-PEM Forms as published in the Canadian Profession Engagement Manual, however, CPA Canada has not reviewed the Licensee CPA Canada C-PEM Forms Templates and cannot warrant that the Licensee CPA Canada C-PEM Forms Templates are identical to the most current version of the C-PEM Forms in C-PEM.