IMPORTANT INFORMATION - PLEASE READ CAREFULLY
This End-User License Agreement (the "Agreement") is a legally binding contract between you and H&R Block Canada, Inc., a federally chartered corporation ("Block"). This Agreement governs your use of the H&R Block® Tax Software and all related materials, including but not limited to, accompanying documentation, help, instruction and all services provided by Block, including downloadable updates (collectively, the "Software") and sets the terms and conditions applying thereto. The Software is only designed for preparing federal (Canadian) and Quebec tax returns. Be sure that you carefully read and fully understand this Agreement.
As used in this Agreement the terms "you" and "your" refer to the licensee of the Software.
THIS AGREEMENT SETS FORTH BLOCK'S ENTIRE LIABILITY AND YOUR EXCLUSIVE REMEDY WITH RESPECT TO THE SOFTWARE AND IS A COMPLETE STATEMENT OF THE AGREEMENT BETWEEN YOU AND BLOCK.
YOU AGREE THAT THIS AGREEMENT IS ENFORCEABLE LIKE ANY WRITTEN NEGOTIATED AGREEMENT SIGNED BY YOU. BLOCK IS WILLING TO LICENSE THE SOFTWARE TO YOU ONLY ON THE CONDITION THAT YOU ACCEPT ALL OF THE TERMS OF THIS AGREEMENT. YOU PROVIDE YOUR CONSENT TO THE TERMS AND CONDITIONS OF THIS AGREEMENT BY CLICKING YOUR ACCEPTANCE OF THIS AGREEMENT OR BY INSTALLING, LOADING, DOWNLOADING, COPYING OR OTHERWISE USING THE SOFTWARE. IF YOU DO NOT AGREE TO ALL OF THE TERMS AND CONDITIONS OF THIS AGREEMENT, YOU ARE NOT PERMITTED TO INSTALL OR USE THE SOFTWARE: IF YOU PURCHASED A LICENSE FOR THE DESKTOP VERSION OF THE SOFTWARE, DO NOT INSTALL, COPY, LOAD, DOWNLOAD OR OTHERWISE USE THE SOFTWARE; YOU MUST WITHIN THIRTY (30) DAYS RETURN THE ENTIRE PACKAGE OF THE SOFTWARE (INCLUDING THE ACTIVATION KEY) TO A LOCATION TO BE PROVIDED TO YOU BY BLOCK BY CALLING 1-800-472-5625 FOR RETURN INSTRUCTIONS AND MAY BE GRANTED A REFUND PROVIDED THAT YOU HAVE NOT USED THE SOFTWARE OTHER THAN TO READ THESE TERMS AND CONDITIONS. IN ORDER TO OBTAIN ANY REFUND: FOR THE DESKTOP VERSION YOU MUST RETURN THE CD-ROM OR USB FLASH DRIVE ALONG WITH THE ACTIVATION KEY AND THE DATED RECEIPT OF PURCHASE TO BLOCK; FOR THE ELECTRONIC DOWNLOAD VERSION YOU MUST NOT INSTALL OR DOWNLOAD (OR MUST UNINSTALL) THE SOFTWARE AND MUST PROVIDE THE ACTIVATION KEY AND DATED RECEIPT OF PURCHASE TO BLOCK; AND IF THE SOFTWARE WAS PRE-INSTALLED ON YOUR COMPUTER, OR IF THE ORIGINAL CD-ROM OR USB FLASH DRIVE CAME PACKAGED WITH YOUR COMPUTER AT NO EXTRA CHARGE AND YOU DO NOT AGREE WITH THE TERMS AND CONDITIONS OF THIS AGREEMENT DO NOT INSTALL, COPY, LOAD, DOWNLOAD OR OTHERWISE USE THE SOFTWARE OTHER THAN TO READ THESE TERMS AND CONDITIONS AND YOU MUST UNINSTALL AND DESTROY THE SOFTWARE.
1. Activation and License. The Software is licensed, not sold. Installation of the Software may only be completed through product activation with a Software activation key, a unique 16-character code provided with the purchase of your copy of the Software and accompanying license. Each Software activation key is linked to a specific CD-ROM, USB Flash Drive or downloadable version of the Software and may be used for only a single installation. The activation key and character code numbers do not contain personally identifiable information about you nor can they be used to identify any personal information about you or any characteristics of your computer configuration. If the activation process is not successful after you have followed the directions in the Software, contact Block technical support at 1-800-472-5625.
Subject to the terms and conditions of this Agreement, in consideration of your agreement to comply with these terms and conditions, and any fees paid by you, Block grants to you for the specified tax year a limited, non-exclusive, personal, non-transferable license to install, use and display a single copy of the Software to prepare a limited number of federal (Canadian) and Quebec tax returns, as specified in Section 2. The Software is made available for use for the tax year specified in the Software and Block is not required to update or provide you with Software for any other tax year.
2. Additional License Restrictions. This license grants access to and use of the Software only in the manner set forth in this Agreement provided and on the condition that you: print and/or file up to a total of twenty (20) (subject to any promotional or other limit specified at the point of sale) tax returns. If you wish to prepare additional returns, you must purchase an additional copy of the Software. In any event, a single individual may only prepare and submit no more than the maximum number returns stipulated by the Canada Revenue Agency, which is currently a maximum of twenty (20) returns, no matter how many licenses have been purchased and regardless of format. You may maintain one (1) copy of the Software for backup and archival purposes only, provided that the original and copy are kept in your possession or control and your agreement that your installation and use of the Software are subject to the terms and conditions of this Agreement. You may not, directly or indirectly: (1) distribute, re-distribute, sell, rent, loan, resell, offer for sale, sublicense, assign or otherwise transfer the original CD-ROM, USB Flash Drive or a copy of the Software or any rights in or to the Software to any other person or entity; (2) use the Software in any manner other than its intended manner or for the benefit of any third parties, including by making the Software available on an application service provider, outsourcing or service bureau basis, or on any peer-to-peer or file-sharing service or network, or to perform services for third parties where the Software enables, facilitates or comprises part of such service(s), or by using or accessing the Software to prepare tax returns, schedules or worksheets on a professional or commercial basis (i.e. for a preparer's or other fee or payment of any kind) and you agree to indemnify, defend and hold harmless Block against any losses, liabilities, claims, costs or expenses, including reasonable attorneys' fees and enforcement costs, arising out of or relating to any such use or access; (3) duplicate the Software by any means, including electronically, except for a backup copy described herein; (4) electronically send the Software to any other person; (5) remove any proprietary notice, labels or marks on or in Software; (6) disable or circumvent any access control or related device, process or procedure established with respect to the Software; (7) use the Software on any network unless each network computer on which the Software is installed has an individual, original copy of and license to the Software; or (8) decompile, disassemble, modify or reverse engineer the Software, or derive or attempt to derive the source code for the Software (including without limitation from any executable object code provided to you) nor authorize, allow or enable any other person to do any of the foregoing. Any person other than you who has received the Software through any of the foregoing methods, or any method other than acquiring a license for the Software from Block or its authorized distributor, is not authorized to copy or use such Software. You are responsible for all use of the Software and for compliance with this Agreement and any breach of this Agreement by you or any user of the Software provided to you shall be deemed to have been committed by you. Block reserves all rights respecting the Software not expressly granted to you in this Agreement.
3. Updates. To receive and use any update to the Software, you must first acquire a license to the Software and register the Software as instructed when you download the Software. You understand and agree that Block's obligations (including without limitation any warranties) under this Agreement shall not apply if you do not use the version of the Software available for the particular tax year and which is most current and updated with the most recent updates available for the Software. Notwithstanding the foregoing, Block is under no obligation to provide any updates to the Software and may charge an additional fee for any updates.
4. Intellectual Property Rights. The Software is protected by copyright, trade secret and other intellectual property laws. Title to the Software and all copyright and other intellectual property rights therein and thereto are owned and shall be retained exclusively by Block and its licensors. Through your use of the Software, you acquire no ownership interest in the Software or any derivative work or component of the Software. No right, title or interest in or to any trademark, service mark, logo or trade name of Block or its licensors is granted to you under this Agreement. Block and its licensors reserve all rights related to such ownership, including the exclusive right to make derivative works of the Software and to duplicate, distribute, license and sell the Software. You shall not modify, translate, or otherwise create derivative works based on the Software or any part thereof. You acknowledge that the Software, any enhancements, corrections or modifications to the Software (regardless of whether made by Block, its licensors, you or a third party) and all copyrights, patents, trade secrets, trademarks and other intellectual property rights protecting or pertaining to any aspect of the Software (or any enhancements, corrections or modifications) are and shall remain the exclusive property of Block and/or its licensors. You agree not to disclose to any person including a potential competitor of Block, any trade secrets or other confidential information that you may learn about the Software.
You acknowledge and agree that all or portions of the Software may have been designed and/or developed by third party licensors and may include software licensed by such third parties, and such third party beneficiaries shall be authorized to hold you responsible for any infringement or violation of this Agreement.
Block may provide you with a mechanism to provide feedback, ideas and/or suggestions about its Software ("Feedback"). You agree that Block, in its sole discretion, may use the Feedback that you provide to Block in any way, including in future modifications of the Software, multimedia works and/or advertising and promotional materials relating thereto without compensation to you. You hereby grant to Block a perpetual, worldwide, fully transferable, non-revocable, royalty-free license to use, modify, create derivative works from, distribute, display and otherwise exploit any information you provide to Block in the Feedback.
6. Limited Warranty.
You are responsible for using the Software correctly and are liable for any omissions or errors in the information provided by you.
The tax forms that you print and the tax file format appearing in the HRB Desktop tax software for electronic transmission to the Canada Revenue Agency (CRA) and Revenu Québec (RQ) have the prior approval of the CRA and RQ.
You may use the software without charge up to the point you decide to print or electronically file your tax return if Downloading the software from Block's website. Printing or electronically filing your return reflects your satisfaction with software, at which time you will be required to pay or register for the Services.
Depending on how you acquired the Software you might have had to purchase it prior to using it. If you are not satisfied with the Software and the Software has not been used to prepare a tax return, or if the Software will not activate even after you have worked with Block to activate it, Block's entire liability and your exclusive remedy shall be one of the following:
(a) CD-ROM. If you purchased the Software license through a retail store or directly from Block, you may within sixty (30) days from the date of purchase request either: (1) a full refund; or (2) a replacement CD-ROM/USB Flash Drive (if the Software will not activate). Notwithstanding the foregoing, if the Software will not activate, prior to obtaining a full refund or replacement you must first contact Block at 1-800-472-5625 as Block may be able to help you remedy the problem you are having with the activation of your Software. If Block's customer service is unable to help remedy the problem you may then request a refund or replacement by calling Block at 1-800-472-5625 for further instructions provided that it is within the warranty period. You will be required to uninstall any installed portions of the Software and return your defective CD-ROM/USB Flash Drive along with the activation key and dated receipt of purchase to an address that will be provided to you by Block in order to receive any refund or replacement.
(bc) Electronic Downloadable Software. If you purchased the Software license for an electronic downloadable copy of the Software, you may within sixty (30) days from the date of purchase request either: (1) a full refund; or (2) a replacement (if the Software will not activate). Notwithstanding the foregoing, if the Software will not activate, prior to obtaining a full refund or replacement you must first contact Block at 1-800-472-5625 as Block may be able to help you remedy the problem you are having with the activation of your Software. If Block's customer service is unable to help remedy the problem you may then request a refund or replacement by calling Block at 1-800-472-5625 for further instructions provided that it is within the warranty period. You will be required to uninstall any installed portions of the Software and return your activation key and dated receipt of purchase to an address that will be provided to you by Block in order to receive any refund or replacement.
Accuracy of Calculations Warranty
Block works diligently to ensure the accuracy of the calculations on every form prepared using the Software. Block warrants the Software's accuracy of the calculations based solely on the input during your authorized use. If you are using the correct version of the Software and have updated your copy of the Software with the most recent updates available prior to your filing your return and you are required to pay a Federal or provincial government penalty and/or interest solely as a result of a calculation error on a form prepared using the Software, and not as a result of, among other things, (i) your failure to enter all required information accurately or your misuse of the Software; (ii) your negligent, willful or fraudulent omission of pertinent information or inclusion of inaccurate information on your tax return; (iii) your misclassification of information on your tax return; or (iv) your failure to file an amended tax return to avoid or reduce your penalty and/or interest after Block announced updates or corrections to the Software in time for you to file an amended tax return, then Block will pay you in the amount of the federal or provincial government penalty and/or interest paid by you to such federal or provincial government, but only the amount directly attributable to the inaccuracy of the calculations. If you believe such a calculation error occurred, and you have complied with the terms and conditions of this Agreement, you must notify Block as soon as you learn of the error but in no event later than thirty (30) days after the penalty and/or interest is assessed. Your written notice must include a copy of your Notice of Assessment (or Notice of Reassessment) from the applicable tax authority, a hardcopy of the applicable tax return, and your tax return files and any other materials and information that Block may reasonably request to evaluate and verify your claim. You authorize Block to obtain and review any data files that may be in Block's possession or control as well as any materials provided by you in order to evaluate and verify your claim. Block is not responsible nor liable for paying any additional tax liability that you may owe other than as expressly stated herein. You are solely responsible and liable for providing assistance and additional information as reasonably requested by Block.
Maximum Refund Warranty
Block will refund the applicable purchase price paid for Software if you are a registered user of the Software and you find another tax software preparation method that results in a larger refund or a smaller tax due amount than that calculated by the Software, Block will refund the fees you paid to use the Software and you may use our program to amend the return at no additional cost. Claims must be submitted within sixty (60) days of the date you filed your tax return using the Software and no later than December 15, 2015. All other fees are excluded including the Tax Protection service, In-person Tax Pro Review service and Remote Tax Pro Review Service.
To qualify for a fee refund, the larger refund or smaller tax due may not be due to variations in data supplied by you, your choice not to claim a deduction or credit, or for positions taken by you or your preparer that are contrary to the law. You must notify Block of any claim for refund within sixty (60) days of the date you filed your tax return. Your written claim must include a hardcopy of the applicable tax return prepared with the Software, a hardcopy of the applicable tax return from the other tax preparation method and any other materials and information that Block may reasonably request to evaluate and verify your claim. You authorize Block to obtain and review any data files that may be in Block's possession or control as well as any materials provided by you in order to evaluate and verify your claim. Block is not responsible nor liable for paying any additional tax liability that you may owe other than as expressly stated herein. You are solely responsible and liable for providing assistance and additional information as reasonably requested by Block.
Media and Execution Warranty
Block further warrants that the media (if any) on which the Software is recorded will be free from defects in materials or faulty workmanship under normal use for a period of sixty (60) days from the date of purchase. If you received the Software electronically, Block's warranty is that the file containing the Software, properly downloaded, will be executable for a period of sixty (60) days from the date of purchase. Block's entire liability and your exclusive remedy shall be one of the following, depending on how you acquired the Software:
(a) CD-ROM. If the Software media fails to conform to this warranty, you may within sixty (60) days from the date of purchase request either: (i) a full refund; or (2) a replacement CD-ROM. You may request a refund or replacement by calling Block at 1-800-472-5625 for further instructions provided that it is within the warranty period. You will be required to uninstall any installed portions of the Software and return your defective CD-ROM along with the activation key and dated receipt of purchase to an address that will be provided to you by Block in order to receive any refund or replacement.
(b) Electronic Downloadable Software. If the Software fails to conform to this warranty, you may within sixty (60) days from the date of purchase request either: (1) a full refund; or (2) a replacement. Notwithstanding the foregoing, if the Software fails to conform to this warranty, prior to obtaining a full refund or replacement you must first contact Block at 1-800-472-5625 as Block may be able to help you remedy the problem you are having with your Software. If Block's customer service is unable to help remedy the problem you may then request a refund or replacement by calling Block at 1-800-472-5625 for further instructions provided that it is within the warranty period. You will be required to uninstall any installed portions of the Software and return your activation key and dated receipt of purchase to an address that will be provided to you by Block in order to receive any refund or replacement.
EXCEPT AS MAY OTHERWISE BE STATED HEREIN, BLOCK IS NOT RESPONSIBLE TO PROVIDE ANY REFUNDS OR REPLACEMENTS THAT RESULT FROM YOUR ABUSE, MISUSE OR DAMAGE TO THE SOFTWARE OR CD-ROM OR USB FLASH DRIVE OR FROM OTHER CONDUCT OR CONDITIONS NOT CAUSED BY, OR OUTSIDE OF THE CONTROL OF, BLOCK.
THE REFUND APPLIES TO THE SOFTWARE LICENSE PURCHASE ONLY. IN ADDITION, THESE GUARANTEES ARE ONLY VALID FOR ONE SOFTWARE PURCHASE PER HOUSEHOLD.
THE RIGHTS AND BENEFITS AFFORDED BY THIS SECTION 6 MAY NOT BE ASSIGNED OR OTHERWISE TRANSFERRED TO ANY OTHER PARTY. THE ABOVE WARRANTIES ARE VOID IF YOU USE THE SOFTWARE CONTRARY TO THE TERMS AND CONDITIONS OF THIS AGREEMENT OR YOU DO NOT USE THE VERSION OF THE SOFTWARE AVAILABLE FOR THE APPLICABLE TAX YEAR AND WHICH IS MOST CURRENT AND UPDATED WITH THE MOST RECENT UPDATES AVAILABLE FOR THE SOFTWARE.
7. Disclaimer of Warranties. EXCEPT AS EXPRESSLY PROVIDED IN SECTION 6, THE SOFTWARE IS PROVIDED "AS IS." TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, BLOCK, ITS AFFILIATES, LICENSORS, THIRD PARTY CONTENT OR SERVICE PROVIDERS, DISTRIBUTORS, DEALERS AND SUPPLIERS ("SUPPLIERS") DISCLAIM ALL OTHER REPRESENTATIONS, WARRANTIES AND CONDITIONS, EXPRESS, IMPLIED OR STATUTORY REGARDING THE SOFTWARE, INCLUDING ANY WARRANTY OR CONDITION OF FITNESS FOR A PARTICULAR PURPOSE, TITLE, MERCHANTABILITY AND NON-INFRINGEMENT. BLOCK DOES NOT WARRANT OR PROMISE THAT THE SOFTWARE WILL IDENTIFY THE APPROPRIATE DOCUMENTS, LETTERS OR NOTICES FOR YOUR NEEDS; THAT THE SOFTWARE IS FREE FROM BUGS, VIRUSES, INTERRUPTIONS OR ERRORS OR OTHER PROGRAM LIMITATIONS; NOR DOES BLOCK MAKE ANY OTHER PROMISES ABOUT THE PERFORMANCE, ACCURACY, OR RELIABILITY OF THE SOFTWARE, OR ITS ABILITY TO MEET YOUR REQUIREMENTS. NOTWITHSTANDING ANYTHING HEREIN TO THE CONTRARY, BLOCK FURTHER 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 USING THE SOFTWARE.
BLOCK AND ITS SUPPLIERS DISCLAIM RESPONSIBILITY FOR CHANGES IN TAX LAWS AND REGULATIONS THAT MAY AFFECT YOU, AS TAX LAWS AND REGULATIONS CHANGE FREQUENTLY AND APPLICATION OF LAWS CAN VARY BASED ON FACTS AND CIRCUMSTANCES. THE SOFTWARE MAY CONTAIN DATED INFORMATION AND USE OF THE SOFTWARE IS BASED ON YOUR UNDERSTANDING THAT THE SOFTWARE MAY NOT INCLUDE ALL THE INFORMATION OR THE MOST CURRENT INFORMATION RELEVANT TO YOUR PARTICULAR NEEDS OR SITUATIONS.
YOU AGREE THAT YOU ARE RESPONSIBLE FOR REVIEWING THE TAX RESULTS CREATED BY USING THE SOFTWARE FOR ACCURACY BEFORE PROCEEDING TO DOWNLOAD THE TAX FILES YOU CREATED. YOU ALSO AGREE THAT YOU ARE RESPONSIBLE FOR MAKING SURE THAT ANYONE 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.
THE SOFTWARE IS A TAX TOOL AND DOES NOT OFFER COMPLETE TAX STRUCTURING OR ADVICE. THE SOFTWARE CANNOT AND SHOULD NOT BE RELIED UPON AS A SUBSTITUTE FOR THE SERVICES OF A COMPETENT TAX PLANNING ADVISOR. ANY SUPPORT PROVIDED, WHETHER BY PHONE, EMAIL OR ON THE BLOCK WEBSITE OR OTHERWISE IS EXCLUSIVELY OFFERED TO HELP YOU USE THE SOFTWARE AND IS NOT PROVIDED AS FISCAL OR TAX EXPERTISE. IT IS YOUR RESPONSIBILITY TO RECOGNIZE THE LIMITS OF YOUR OWN TAX KNOWLEDGE AND TO SEEK OUTSIDE ADVICE AND PROFESSIONAL SERVICES AS NECESSARY. YOU FURTHER ACKNOWLEDGE THAT BLOCK AND ITS SUPPLIERS DO NOT PRACTICE LAW NOR ARE THEY PROVIDING OR RENDERING ANY SUCH LEGAL OR OTHER PROFESSIONAL SERVICES TO YOU WITH REGARD TO THE SOFTWARE. BLOCK DOES NOT WARRANT THAT YOU WILL ENTER ALL ITEMS REQUIRED FOR A COMPLETE AND ACCURATE TAX RETURN, NOR THAT YOU WILL OBTAIN THE MAXIMUM TAX REDUCTION. BLOCK DISCLAIMS ANY AND ALL RESPONSIBILITY FOR ACCURACY OR ADEQUACY OF ANY POSITION TAKEN BY YOU IN YOUR TAX RETURNS AND WILL NOT BE RESPONSIBLE FOR ANY DAMAGES RESULTING FROM THE USE OR MISUSE OF THE SOFTWARE, INCLUDING ANY INCOME TAXES, PENALTIES OR INTEREST CHARGES THAT MAY BE ASSESSED BY CRA OR MRQ OR ANY OTHER APPLICABLE TAXING AUTHORITIES UNLESS OTHERWISE INDICATED IN THIS AGREEMENT.
NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY BLOCK AND/OR ITS SUPPLIERS OR THEIR EMPLOYEES OR AGENTS SHALL INCREASE THE SCOPE OF THESE REPRESENTATIONS, WARRANTIES OR CONDITIONS OR CREATE ANY NEW REPRESENTATIONS, WARRANTIES OR CONDITIONS IN CONNECTION WITH THE SOFTWARE.
YOU ACKNOWLEDGE THAT THERE ARE SCENARIOS IN WHICH DOCUMENTS, FORMS AND LETTERS GENERATED IN CONNECTION WITH YOUR USE OF THE SOFTWARE MAY BE INVALID OR UNENFORCEABLE IN A PARTICULAR JURISDICTION AND IF YOU ARE UNSURE WHETHER A PARTICULAR DOCUMENT, FORM OR LETTER IS VALID OR ENFORCEABLE, YOU SHOULD CONSULT AN ATTORNEY IN ADVANCE OF USING OR RELYING UPON ANY SUCH DOCUMENT, FORM OR LETTER.
8. Limitations on Liability and Damages. UNLESS EXPRESSLY STATED TO THE CONTRARY HEREIN, YOUR EXCLUSIVE REMEDY AND THE ENTIRE CUMULATIVE LIABILITY OF BLOCK AND ITS SUPPLIERS ARISING FROM OR RELATING TO THIS AGREEMENT (INCLUDING WITHOUT LIMITATION WITH RESPECT TO YOUR USE OF THE SOFTWARE) SHALL BE LIMITED TO THE AMOUNT PAID BY YOU FOR THE LICENSE TO THE SOFTWARE. TO THE MAXIMUM AMOUNT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL BLOCK AND/OR ITS SUPPLIERS, SERVICE PROVIDERS, LICENSORS, OFFICERS, DIRECTORS, REPRESENTATIVES, AFFILIATES, EMPLOYEES, AGENTS, SUCCESSORS, ASSIGNS OR SUBSIDIARIES BE LIABLE, REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT OR IN TORT INCLUDING NEGLIGENCE, STRICT LIABILITY, PRODUCT LIABILITY OR OTHERWISE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES INCLUDING, BUT NOT LIMITED TO, ECONOMIC LOSS, LOST DATA, LOST PROFITS OR BUSINESS, TELECOMMUNICATION FAILURES, CORRUPTION OR THEFT OF DATA, LOSS OF USE, LOSS OF PRIVACY, OR FOR ANY CLAIM OR DEMAND AGAINST YOU BY ANY OTHER PARTY, EVEN IF BLOCK AND/OR ITS SUPPLIERS HAVE 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.
YOU AGREE THAT BLOCK AND/OR ITS SUPPLIERS WILL NOT AT ANY TIME HAVE ANY ADDITIONAL LIABILITY FOR ANY CLAIM, CAUSE OF ACTION OR INJURY THAT YOU OR ANY OTHER PERSON MAY HAVE AS A RESULT OF: (1) YOUR USE OF, OR INABILITY TO USE, THE SOFTWARE; (2) YOUR USE OF ANY DOCUMENTS, LETTERS OR NOTICES GENERATED BY THE SOFTWARE; (3) YOUR RETENTION OF, OR YOUR FAILURE TO CONSULT OR RETAIN, AN ATTORNEY WITH RESPECT TO ANY CONTRACT, DOCUMENT, LETTER, NOTICE, LITIGATION, NEGOTIATION OR OTHER LEGAL MATTER; (4) CONNECTION OR TOLL CHARGES FOR USING THE SOFTWARE OR OBTAINING UPDATES FOR THE SOFTWARE; OR (5) ANY FEES, COSTS OR EXPENSES ARISING OUT OF TROUBLESHOOTING OR TECHNICAL SUPPORT FOR THE SOFTWARE.
NOTWITHSTANDING ANYTHING IN THIS AGREEMENT, BLOCK HAS NO RESPONSIBILITY OR LIABILITY FOR DAMAGES OR CLAIMS RELATING TO ANY USE OF THE SOFTWARE ON A PROFESSIONAL BASIS (WHICH IS A PROHIBITED USE UNDER THIS AGREEMENT).
YOU AGREE THAT THE ESSENTIAL PURPOSES OF THIS AGREEMENT CAN BE FULFILLED EVEN WITH THESE LIMITATIONS ON LIABILITIES. YOU ACKNOWLEDGE THAT BLOCK WOULD NOT BE ABLE TO OFFER THE SOFTWARE ON AN ECONOMICAL BASIS WITHOUT THESE LIMITATIONS.
9. Electronic Filing. Block at no time will file your tax return on your behalf and you are responsible for ensuring that your tax return is submitted to the proper taxing authority and on time. You will not be able to file electronically if the government services are unavailable. Therefore, you agree that if filing tax returns electronically to the CRA and/or the RQ, you are responsible for doing so at such times that their respective services are open and you acknowledge that Block assumes no responsibility for either service being in or out of operation, either during or after the tax season. Block cannot guarantee that your electronic or paper tax return will be accepted as filed, or that the taxing authorities will not require further information. You agree and acknowledge that the relevant documentation available in the Software clearly indicates that the CRA and/or the RQ may require additional information. You are entirely responsible for verifying the status of your returns with the CRA and the RQ to confirm that they have been received and accepted and for filing them on paper (manually) if required.
10. Carry forward Of Previous Year Tax Data. The Software may include a feature (the "Import of Previous Year Tax Data") that allows you to import certain tax-related information from previous year tax return files prepared with selected tax software. If the Import of Previous Year Tax Data is available to you, and you choose to use it, you are responsible for verifying the accuracy of the information that is imported. Block bears no responsibility for this information and the impact it might have on your tax return.
11. Support. Block may provide technical support and customer service in connection with the Software through telephone and/or email. The terms and conditions governing any offering of this support, some of which may require the payment of an additional fee, are found at www.hrblock.ca and are subject to change as announced by Block from time to time. Except as may otherwise be set forth herein, this Agreement does not obligate Block to provide any technical support or customer services or to support any Software as part of those services.
12. Pro Review. You may be offered the In-Person Pro Review or Remote Pro Review services where we will review your tax return with you to ensure that you have accurately accounted for the items in your tax situation in HRB Desktop Tax Software. Internet access may be required to use this service. You are responsible for making any changes resulting from Pro Review in your tax return. You are also responsible for filing your return. If you choose to use it, you understand and agree that Block will not sign your tax return. Service levels and availability will vary based on demand and capacity and are subject to change without notice. The full terms and conditions governing the Pro Review services will be available on the Pro Review web page, and by accessing and using the Pro Review service, you agree to be bound by those terms and conditions, which supplement, and supersede where inconsistent, this Agreement. Fees may apply.
13. Security and Confidentiality. The files you create using the Software contain personal and confidential tax data that must be protected, and it is your sole responsibility to protect these files from violation, theft or corruption. You understand and agree that you are solely responsible for all computer password, data, file and network security, including but not limited to, an active firewall on your computer and/or network connection, anti-virus software and anti-spyware software, necessary to secure and protect any proprietary or confidential information that you provide, store, submit, transmit or disclose directly or indirectly with your use of the Software. If you require Block's assistance in using the Software, you understand and agree that Block may contact you to request a copy of your Software tax file in order to provide such assistance. Release of that file is entirely at your discretion. If Block needs to submit any information to you, it will do so either by posting such information on the Block website at www.hrblock.ca or by email to registered users. Block will not be liable if the information it provides by email is lost, intercepted, altered or misused by someone else. You agree that Block is not required to contact you in any other manner whatsoever.
14. Arbitration. Subject to the below, all claims, disputes, controversies, differences or questions that arise between you and Block concerning the interpretation or application of any of the terms of this Agreement (including, without limitation, the existence of a breach or the validity of the termination of this Agreement) shall be submitted, settled and determined by final and binding arbitration exclusively (to the extent permitted by law) in accordance with the following terms and conditions: (i) the arbitration must commence within limitation periods prescribed by the Limitations Act (Alberta), as amended or replaced from time to time for the bringing of a suit on such dispute; (ii) this Section 14 shall not limit Block's right to obtain any provisional or equitable remedy, including without limitation, injunctive relief from any court of competent jurisdiction, as may be necessary in Block's sole judgment to protect its rights; (iii) the arbitration shall be conducted by a single arbitrator in accordance with the Arbitration Act (Alberta), as amended or replaced from time to time. If the parties cannot agree on the arbitrator within 15 days of the notice of arbitration, either party may apply to the Alberta Court of Queen's Bench for an order appointing the arbitrator; (iv) the arbitration shall be conducted in the English language; (v) the arbitration shall be held in Calgary, Alberta; (vi) all disputes, differences or questions shall be settled in accordance with the laws of the Province of Alberta; (vii) the award rendered by the arbitrator shall be final and binding upon each of the parties, and judgment thereon may be entered by either party in any court of competent jurisdiction; (viii) the expense of the arbitration shall be borne equally by the parties and in no event shall a party be required to pay the legal fees of the other party incurred in connection with the arbitration; (ix) nothing in this Agreement shall be deemed to give the arbitrator any authority, power or right to alter, change, amend or modify the provisions of this Agreement; (x) all confidential information of a party shall be disclosed during arbitration only upon the issuance of appropriate protective orders limiting the disclosure or discoverability of such confidential information outside of the arbitration proceedings; (xi) neither party nor the arbitrators may disclose the existence, content or results of any arbitration hereunder without the prior written consent of both parties, except as required by law. Notwithstanding the foregoing, Block has the right to institute legal or equitable proceedings in a court of law for claims or disputes regarding amounts owed by you to Block in connection with the purchase of the Software and/or your violation or threatened violation of Sections 1, 2, 3, 4 or 15 of this Agreement and/or any matter involving a third party not privy to this Agreement. For any such proceedings, you consent to the jurisdiction of the federal and provincial courts sitting in the Province of Alberta.
15. Indemnification. You agree to hold Block and its, licensors, successors, assigns, officers, directors, representatives, employees and agents harmless from and against any claim, suit, loss, liability, penalty or damages (including incidental and consequential damages), costs and expenses (including reasonable attorneys' fees and expenses), arising out of your breach of this Agreement.
16. Export Restrictions. The Software is provided solely for lawful purposes and use. You shall be solely responsible for, and agree to comply with, all applicable laws, statutes, ordinances and other governmental authority, however designated. Without limiting the foregoing, you acknowledge and agree that the Software is subject to restrictions and controls imposed by the Export and Import Permits Act (Canada) and Regulations under the Export and Import Permits Act, as well as by the United States export laws. You agree that you shall comply with the foregoing and not export any Software or other materials provided by Block without first obtaining all required authorizations or licenses. You further agree that neither the Software nor any direct product created therefrom is being used for any purpose prohibited by the foregoing. You expressly agree that you will not download, transfer export or re-export any materials provided by Block, directly or indirectly, to: (1) any countries (or citizens, nationals or residents of any countries) that are subject to export restrictions (including, but not limited to, Cuba, Iran, Iraq, Sudan, Libya, North Korea and Syria; (2) any end-user who has been prohibited from participating in Canada or United States export transactions by any federal agency of the Canadian or United States government; or (3) any end-user who you know or have reason to know will utilize the Software in the design, development or production of nuclear, chemical or biological weapons.
17. Termination. Without prejudice to any other of Block's rights, Block may immediately terminate this Agreement if, in the opinion of Block, you are attempting to act in breach of this agreement or you do not abide by the terms and conditions of this Agreement, in which case you must cease using the Software immediately and destroy all copies of the Software and certify in writing to Block of your compliance with this Section 17. Any termination shall not affect Block's rights under this Agreement.
(A) Governing Law; Forum. This Agreement shall be governed by the law of Alberta and Federal laws of Canada. This Agreement does not limit any rights that Block may have under trade secret, copyright, patent or other laws. To the extent that Section 14 may not apply due to law, in respect of any dispute which may arise hereunder, you consent to the jurisdiction of the federal and provincial courts sitting in Calgary, Alberta.
(B) Entire Agreement. This Agreement is the entire and exclusive agreement between you and Block with respect to the Software, and it supersedes all previous communications, representations or agreements, either oral or written, between you and Block. No representations or statements of any kind made by any representative of Block, its suppliers, service providers, licensees, officers, Directors, representatives, affiliates, employees, agents, successors, assigns, distributors, dealers or subsidiaries, which are not included in this Agreement, shall be binding on Block.
(C) Amendments. Block shall have the right to change or add to the terms of this Agreement at any time (provided that it is not Block's intent that such change substantially affect the license rights granted to you), and to change, delete, discontinue, or impose conditions on any feature or aspect of the Software upon notice by any means Block determines in its discretion to be reasonable, including sending you an email notification or posting information concerning any such change, addition, deletion, discontinuance or conditions in the Software or on any Block sponsored web site, including but not limited to www.hrblock.ca. Block's suppliers, agents, employees, distributors, dealers or other third parties are not authorized to make modifications to this Agreement or to make any additional representations, warranties, conditions or commitments binding on Block.
(D) Waiver. No waiver of any provision or condition herein shall be valid unless in writing and signed by an authorized representative of Block. Block's failure to insist upon or enforce strict performance of any provision of this Agreement or any right shall not be construed as a waiver of any such provision or right.
(E) Severability. If any provision of this Agreement is determined to be illegal or unenforceable, such provision shall be automatically reformed and construed so as to be valid, operative and enforceable to the maximum extent permitted by law or equity while preserving its original intent. The invalidity of any part of this Agreement shall not render invalid the remainder of this Agreement.
(F) Notices. Except as otherwise indicated, any notices under this Agreement to Block must be personally delivered or sent by certified or registered mail, return receipt requested, to H&R Block Canada Inc., c/o Customer Support, Suite 200, 340 Midpark Way SE, Calgary, AB T2X 1P1 or to such other address as Block may specifically identify for such purpose in writing on its website www.hrblock.ca. Such notices will be effective upon Block's receipt, which may be shown by confirmation of delivery. All notices to Block shall be sent to the attention of H&R Block Canada, Inc., Customer Support (unless otherwise specified by Block).
(G) Force Majeure. Block shall not be liable for any default or delay in the performance of any obligations under this Agreement to the extent its performance is delayed or prevented due to causes beyond its reasonable control, such as acts of God, natural disasters, terrorist acts, war other hostilities, labour disputes, civil disturbances, the actions or omissions of third parties, electrical or communication system failures or governmental actions.
(H) Miscellaneous. This Agreement shall inure to the benefit of Block and its affiliates, subsidiaries and successors and assigns. Any and all references in this Agreement to Block, its affiliates and subsidiaries shall, where the context so permits, include Block's parent company and its respective subsidiaries, affiliates, directors, officers, employees, contractors and agents. Any provision which by its terms is intended to survive termination of this Agreement, including, but not limited to, the provisions of Sections 2, 4, 5, 6, 7, 8, 9, 11, 12, 13, 14, 15, 16, 17 and 18 shall survive termination or expiration of this Agreement. The headings contained herein are for the convenience of the parties only and shall not be used to interpret or construe any of the terms of this Agreement.
(I) Trademarks/Copyrights. "H&R Block and Design", "H&R Block", "H&R Block Logo", among others, are trade-marks of HRB Royalty, Inc. and are used under license by H&R Block Canada, Inc. Any other product names, trademarks or registered marks, symbols, trade names, company names and/or logos which may appear within the Software are the property of their respective owners. The display in the Software does not convey or create any license or other rights in these trade-marks, trade names, trade dress and associated products and services. Any use of them without prior written authorization of Block is strictly prohibited.
(J) English Language. It is the express wish of the parties that this Agreement and all related documents are drawn up in English. C'est la volonté expresse des parties que la présente convention ainsi que les documents qui s'y rattachent soient rédigés en anglais.
THIS AGREEMENT CONTAINS A BINDING ARBITRATION PROVISION THAT MAY BE ENFORCED BY EITHER PARTY TO THE EXTENT PERMISSIBLE BY LAW.
YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT, UNDERSTAND IT AND AGREE TO BE BOUND BY ITS TERMS AND CONDITIONS.