End User Licensing Agreement for QuickBooks
This QuickBooks Addendum (the “Addendum”) by and between ARRYVED, INC., a Delaware corporation with an office at 2525 Fronteir Ave, Suite B, Boulder 80301 (“Arryved”) and you (“Company” or “Licensee”) is an Addendum to, and hereby incorporated into the Services Agreement (“Master Agreement”) by and between the parties. This Addendum applies if you have licensed QuickBooks (the “Application”) for use in connection with Arryved Service. If there are any conflicts between the Master Agreement and this Addendum, the terms of this Addendum shall apply, but only as related to the Application.
Restrictions. Licensee and its employees shall not and shall not permit any third party to, directly or indirectly: (a) reverse engineer, decrypt, decompile, decode, disassemble, or otherwise attempt to obtain the source code to the Application; (b) rent or time-share the Application or host the Application in a multi-tenant environment; (c) remove or destroy any copyright notices, proprietary markings or confidential legends placed upon or contained within the Application or any copies thereof; (d) engage in any activity with the Application that interferes with, disrupts, damages, or accesses in an unauthorized manner the servers, networks, or other properties or services of any third party; and (e) use the Application or data provided via the Application in any way in furtherance of criminal, fraudulent, or other unlawful activity. Licensee must comply with applicable laws and regulations in using, accessing or distributing the Application, including any data provided via the Application.
Data Use. Anonymous, aggregate information, comprising financial account balances, other financial account data, or other available data that is collected from or provided to Licensee, may be used by Arryved and its third party vendors to conduct certain analytical research, performance tracking and benchmarking. Arryved and/or such third party vendors may publish summary or aggregate results relating to metrics comprised of research data, from time to time, and distribute or license such anonymous, aggregated research data for any purpose, including helping to improve products and services and assisting in troubleshooting and technical support. Licensee’s personally identifiable information will not be shared with or sold to third parties.
Data Transfer. Licensee consents to Licensee’s data, including financial or personal information, being transferred to Arryved and/or a third party located in a country that does not have adequate security controls to protect Licensee’s data.
Third Party Services. Licensee understands that the Application may require access to certain third party services (“Third Party Services”) in order to use the Application that uses or collects data from the Third Party Services, Licensee hereby authorizes third party service providers, including Intuit, to obtain Licensee’s data from third parties and share it with Arryved for the Application. Such data may include Licensee’s financial or personal information with third parties. In addition, Licensee agrees that Arryved may provide Licensee’s data to the third party service provider. Licensee represents and warrants that Licensee has the rights and authority to provide such authorizations to the third party service providers and Arryved. Licensee’s use and/or access to Third Party Services shall be limited to those uses and access rights permitted by the third party service provider. If Licensee accesses or uses the Third Party Services, Licensee is responsible for reviewing and understanding any such terms and conditions governing such Third Party Services. Licensee understands that Arryved has no control over the Third Party Services and that Licensee’s ability to access and use the Third Party Services may be suspended or terminated at any time, for any reason, at the third party service provider’s discretion.
Security. Licensees are fully responsible for the security of data on Licensee’s website or otherwise in Licensee’s possession or control. Licensees agree to comply with all applicable state and federal laws and rules in connection with your collection, security and dissemination of any personal, financial, credit card, or transaction information (defined as “Data”) on its website. Licensee agrees, where applicable, it shall be compliant with the Payment Card Industry Data Security Standards (PCI-DSS) and the Payment Application Data Security Standards (PA-DSS), as applicable. It is Licensee’s responsibility to comply with these standards.
Third Party Beneficiary. Licensee acknowledges that Intuit is a third party beneficiary under this Agreement with rights to enforce the terms of this Agreement.
Disclaimer. LICENSEE ACKNOWLEDGES AND AGREES THAT THE APPLICATION, ANY THIRD PARTY SERVICES AND ANY DATA PROVIDED VIA THE THIRD PARTY SERVICES OR APPLICATION ARE PROVIDED “AS IS” AND “AS AVAILABLE.” ARRYVED, ITS LICENSORS AND THIRD PARTY SERVICE PROVIDERS MAKE NO WARRANTY, EXPRESS, IMPLIED, OR STATUTORY AND DISCLAIM ANY AND ALL WARRANTIES WITH RESPECT TO THE APPLICATION, ANY THIRD PARTY SERVICES OR ANY DATA PROVIDED VIA THE THIRD PARTY SERVICES OR APPLICATION, IN WHOLE OR IN PART, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY, OR NON-INFRINGEMENT. LICENSEE UNDERSTANDS AND AGREES THAT ANY USE OF THE APPLICATION, THIRD PARTY SERVICES OR DATA PROVIDED VIA THE THIRD PARTY SERVICES OR APPLICATION WILL BE AT LICENSEE’S SOLE RISK, AND THAT, IF THERE IS ANY LIABILITY IN CONNECTION WITH THE APPLICATION, INCLUDING LIABILITY ARISING FROM A SECURITY BREACH OR ARRYVED’S LACK OF COMPLIANCE WITH APPLICABLE LAWS, REGULATIONS OR RULES RELATING TO DATA PRIVACY PROTECTION, SUCH LIABILITY IS, AS BETWEEN THE PARTIES, SOLELY WITH THE ARRYVED AND NOT ITS LICENSORS OR THIRD PARTY SERVICE PROVIDERS.
LAST UPDATED: August 28th 2018