This UFile Tax Software End-User Licence Agreement (“Agreement”) represents a legally binding contract between you, the user, and Thomson Reuters DT Tax and Accounting Inc. ("DT Tax"), author and provider of the UFile tax preparation software ("UFile") and the UFile.ca Web site. You acknowledge that when you click "I accept" and complete the installation of UFile, you have or are deemed to have read and understood, and are willing to comply with and be bound by all the terms and provisions of this Agreement. This Agreement applies to your use of all UFile materials and services and includes all versions of UFile, whether purchased on CD-ROM or in downloadable format. Please read this Agreement carefully.
THIS AGREEMENT GOVERNS THE USE OF UFILE, A SOFTWARE APPLICATION DESIGNED FOR PREPARING CANADIAN AND QUEBEC TAX RETURNS. THIS AGREEMENT COVERS THE USE OF UFILE AND ALL RELATED MATERIALS, INCLUDING BUT NOT LIMITED TO DOCUMENTATION, HELP, INSTRUCTIONS, AND ALL PRODUCTS PROVIDED BY DT TAX, INCLUDING THE DOWNLOADING OF PROGRAM UPDATES.
BY CLICKING THE "I ACCEPT" BUTTON AND COMPLETING THE INSTALLATION OF THE UFILE SOFTWARE, YOU ARE INDICATING YOUR UNCONDITIONAL ACCEPTANCE OF THIS AGREEMENT. IF YOU DO NOT AGREE TO BE UNCONDITIONALLY BOUND BY THE TERMS AND PROVISIONS OF THIS AGREEMENT, YOU WILL NOT BE ABLE TO PROCEED WITH THE INSTALLATION. IN THIS CASE, YOU MAY OBTAIN A FULL REFUND OF THE PURCHASE PRICE BY RETURNING THE SOFTWARE IN ITS ORIGINAL PACKAGING WITH ALL ENCLOSURES, AND THE ORIGINAL DATED PROOF OF PURCHASE, WITHIN 10 DAYS FROM SAID DATE OF PURCHASE, TO UFILE, 2348 LUCERNE ROAD, BOX 545, MONTREAL, QUEBEC, H3R 2J8. YOU MUST ALSO UNINSTALL THE SOFTWARE AND PERMANENTLY DELETE ANY COPIES OF IT THAT YOU MAY HAVE INSTALLED ON A COMPUTER, CD-ROM, OR ALTERNATE MEDIA.
1. GRANT OF LICENCE
1.1 UFile is licensed to you. Installation may only be completed by activating UFile with a software activation key, a sixteen (16) digit code which is provided upon purchase of UFile, whether on CD-ROM or downloadable format. Each UFile activation key is linked to a specific CD-ROM or downloaded version, and may be used for one installation only. Upon acceptance of this Agreement, DT Tax hereby grants you a non-exclusive, non-transferable licence to install a single copy of UFile and related materials, on up to two (2) computers that are owned by you. As a licensed user, and subject to this Agreement, you have the right to use UFile to prepare a limited total number of Federal Tax returns (and their Quebec counterparts, if applicable) for the applicable tax year only as indicated on the UFile software packaging or the web site where UFile was purchased. You may purchase activation keys to allow additional tax returns. The Canada Revenue Agency (“CRA”) has imposed a limit of twenty (20) returns that may be filed using NETFILE or printed with a NETFILE-certified tax software.
1.2 The user is responsible for ensuring that the latest update of UFile is installed and using UFile correctly. The user is liable for any omissions or errors in the information provided when utilizing UFile.
1.3 You acknowledge that, unless you are a user of UFile PRO, which allows you to electronically file tax returns using EFILE, you do not have the right to use UFile to prepare tax returns, schedules or worksheets, in full or in part, on a professional or commercial basis (i.e., for a preparer's or other fee). You may use UFile solely to prepare valid Canadian personal income tax return(s).
1.4 UFile PRO activation keys purchased at the UFile website may be added to any installation of the UFile program for the same year for which the keys were purchased. You may activate the UFile program with a UFile PRO key and may add UFile PRO keys to an installed UFile program to enable the number of returns represented by the keys purchased to be printed or filed using EFILE. The number of returns represented by UFile PRO keys is not subject to the CRA limit of twenty (20).
1.5 The grant of this licence permits the creation of one (1) backup copy solely to protect against loss or for archiving purposes. Any such backup copy is subject to the same terms and conditions as the original, and does not entail duplicate rights.
1.6 UFile is licensed to you alone, and may not be rented, sold, lent, sublicensed, or otherwise given to any party without the prior written consent of UFile.
1.7 You may not use UFile on a network without the expressed permission of UFile unless each computer on which UFile is installed has its own original copy of, and licence for UFile.
1.8 This Agreement to use UFile is effective until termination of your licence, if applicable. Upon termination of your licence, you must return UFile in its original packaging, with all enclosures, to UFile, 2348 Lucerne Road, Box 545, Montreal, Quebec, H3R 2J8. You must also uninstall the software and permanently delete any copies of it that you may have installed on a computer, CD-ROM, or alternate media. Violation of any part of this Agreement can result in such termination of your licence to use UFile, and will be handled as per the above- mentioned terms.
1.9 The number of tax returns you may prepare with the UFile software is limited by UFile. However, keys enabling you to prepare additional returns may be purchased online on the UFile Web site.
2. INTELLECTUAL PROPERTY RIGHTS
2.1 DT Tax retains all rights, title and interest, including all intellectual property rights, in and to UFile. This Agreement does not limit any rights that DT Tax may have under trade secret, copyright, patent, or other laws protecting intellectual property rights. UFile and all related materials are protected by the copyright laws of Canada and other countries and international treaty provisions, and you agree not to remove any copyright or other proprietary or product identification notices contained thereon.
2.2 UFile, or any part thereof, may not be used in any manner, except as expressly permitted under this Agreement. You may not copy, modify, adapt, translate, reverse engineer, decompile, disassemble, create competitor products, or create derivative works based on UFile, or the written materials provided with or derived from UFile, without prior written consent of DT Tax and you shall not delete any proprietary designations, legal notices or other identifiers belonging to DT Tax or third parties from any information obtained or sent using UFile. UFile’s component parts may not be separated for use on more than one computer. You shall not sell, assign, disclose, furnish, or redistribute UFile to any other person, firm, corporation, or entity.
2.3 You agree not to disclose to any third party any trade or other secrets that you may learn about UFile.
2.4 All or portions of UFile or related materials may have been designed and/or developed by third party or affiliate licensors, and may include software licensed by such third parties or affiliates. DT Tax has the rights and/or licenses to allow you the use of the software as authorized by this Agreement.
2.5 “UFile”, “UFile.ca”, and MAXBACK among others, are trademarks of UFile. The display of these marks in UFile 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 the marks without prior written authorization of DT Tax is strictly prohibited.
3. SATISFACTION AND ACCURACY GUARANTEES
3.1 Satisfaction Guarantee.
3.1.1 If you are not fully satisfied with UFile for Windows, you may obtain a full refund by sending DT Tax written notice along with your name and complete address (including postal code) and your original cash register receipt for UFile by mail: UFile, UFile Satisfaction Guarantee, 2348 Lucerne Road, Box 545 Montreal, Quebec H3R 2J8. Your request must be post-marked no later than sixty (60) days after the UFile purchase date. One (1) refund per customer only. DT Tax will provide a full refund of your UFile purchase price, along with the applicable sales tax for your purchase of UFile. Please allow four (4) to six (6) weeks for processing.
3.1.2 Please note: DT Tax cannot be held responsible for tax returns that are rejected for NETFILE tax filing. Only the CRA and Revenu Québec (“RQ”) have authority to determine whether a tax return should be accepted for NETFILE. If your tax return cannot be filed using NETFILE, it should be printed (using UFile) and filed by mail.
3.2 Accuracy Guarantee
3.2.1DT Tax has full confidence in its UFile tax calculations and backs its UFile tax calculations with its Accuracy Guarantee. If the UFile product purchaser or a member of the purchaser’s immediate family is required to pay a penalty or interest due to a miscalculation of the tax return produced using UFile, DT Tax will reimburse the interest and the penalty levied by the CRA and/or RQ. The taxpayer is responsible for any tax liability assessed. This guarantee does not include errors due to entry of incorrect amounts, incorrect information, or failure to file an amended return to avoid or reduce an applicable penalty/interest after DT Tax announced updates or corrections to UFile in time for you to file an amended return. The Accuracy Guarantee does not include willful, fraudulent, negligent or incorrect use of UFile, or errors in tables or forms provided by the CRA or RQ. This Accuracy Guarantee does not apply to re-assessments issued more than twelve (12) months after the initial assessment. This Accuracy Guarantee does not apply to information carried forward from prior years from UFile nor other tax software programs. Failure to install regular UFile software updates and to file an amended return in time to avoid interest or penalties when possible, voids this warranty and Accuracy Guarantee. The taxpayer is solely responsible for any tax liability assessed.
3.2.2 Should you believe a calculation error occurred subject to the terms of this Accuracy Guarantee, you must contact DT Tax by mail immediately after the error is discovered and no later than thirty (30) days after receiving your Notice of Assessment at the following address: UFile, Accuracy Guarantee, 2348 Lucerne Road, Box 545, Montreal, Quebec H3R 2J8. You must include a copy of your original cash register receipt for UFile, any Notice of Assessment received for the tax year in which the calculation error is said to have occurred from the applicable tax authority, evidence of payment of the specified penalty and/or interest, a paper copy of your tax return as filed and an electronic copy of your UFile tax file (as it was when you filed your tax return). This file ends in .u0X where 0X is the tax year. (For example: Eric Martin and family.u08) You are required under the terms of this Accuracy Guarantee to provide DT Tax with any other information reasonably requested to substantiate the error. DT Tax will then contact you promptly to resolve the issue.
3.2.3 DT Tax will pay penalty and/or interest paid by you to the applicable tax authority. In this regard, you are responsible for keeping DT Tax apprised promptly of any change in your email address, mailing address and/or phone number so that you can be notified of such updates or corrections. You are responsible for paying any additional tax liability you may owe and providing any other information DT Tax reasonably requests to validate your claim. A "registered user" is a user from whom DT Tax has received the information necessary to permit such person to print or electronically file a tax return prepared using UFile and who complies with the terms and conditions of this Agreement. This Accuracy Guarantee does not apply to tax returns prepared on behalf of others (including but not limited to returns prepared using UFile PRO), returns filed after the tax filing deadline, or returns prepared using UFile obtained free of charge.
3.3 Best Tax Results Guarantee.
UFile is designed to employ the tax information provided for the family to minimize the overall tax payable. If you find that any other tax software has been able to produce a better tax result for you and your family collectively based on the identical tax information, please provide DT Tax with your original cash register receipt for, and all tax information used by, both UFile and the other competitive tax software product as well as the name and version numbers of both UFile and the competitive tax software product used. Upon review of the information provided and determination that the calculation by the competitive software is both correct and more beneficial to you and your family, collectively, UFileDT Tax will provide a full refund of your purchase price for UFile along with the applicable sales tax for your purchase of UFile. Please send this information to: UFile, UFile Best Refund Guarantee, 2348 Lucerne Road, Box 545 Montreal, Quebec H3R 2J8. Your request must be post-marked no later than 60 days after the purchase date.
4.1 You will not be able to file electronically if the government services are not available. 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 DT Tax assumes no responsibility for either service being in or out of operation, either during or after the tax season.
4.2 DT Tax cannot guarantee that your electronic or paper tax return will be accepted as filed, or that the taxing authorities will not require further information. Therefore, you acknowledge that the relevant documentation available in UFile clearly indicates that the CRA and RQ may require additional information. Only the CRA and RQ can determine if a tax return will be accepted for electronic filing.
4.3 You are responsible for verifying the status of your returns with the CRA and the RQ to confirm and to retain proof that they have been received and accepted, and for filing them on paper, if required.
5. TECHNICAL SUPPORT
DT Tax regards you as the sole licensee and authorized custodian of UFile for purposes of receiving technical support. Contact: email@example.com with questions or problems with the UFile Web site.
6. PRIVACY OF PERSONAL AND TAX RETURN INFORMATION.
6.1 If you use the online version of UFile, yYou acknowledge that the tax information you provide is stored on DT Tax’s secure servers and/or data bank, and you agree to allow DT Tax to keep secure copies of the tax information that you have entered. DT Tax will not sell this information or use it in any way except insofar as you require or request, and insofar as is needed to securely backup and store it. At times, DT Tax may use Thomson Reuters’ affiliates and/or third parties outside of Canada to perform services for DT Tax involving some or all of your personal information. This may require transfer of information to those Thomson Reuters affiliates and/or third parties. This information is subject to the laws of the Thomson Reuters affiliates and/or third parties' jurisdiction, including laws with respect to disclosure of such information.
6.2 You acknowledge and agree that certain information will be kept by DT Tax for its customer records, including your user ID, your email address, your gender, your date of birth, your mailing address and your telephone number. DT Tax. does not, however, have any obligation to keep such information in its customer records.
6.4 You grant DT Tax permission to use information about your business and experience to help DT Tax provide and enhance its products. You grant DT Tax permission to combine your business data, if any, with that of others in a way that does not identify you or any individual personally. You also grant DT Tax permission to share or publish summary results relating to research data and to distribute or license such data to third parties.
7.1 DT Tax warrants the accuracy of the calculations performed based on their input only. Therefore, DT Tax further disclaims any responsibility for the reliability or adequacy of any choices or decisions made by users with respect to the treatment and processing of their tax information by UFile.
7.2 DT Tax ensures that the tax forms that you print are approved by the CRA and the RQ. However, it is your responsibility to ensure that you have acquired and installed the NETFILE-certified version of UFile, which is made available at no cost to registered users at www.ufile.ca/windows/downloads after the CRA and RQ certification processes are completed.
7.3 UFile is a tax tool and cannot replace the services of a competent tax professional. It is the user's responsibility to recognize the limits of their own tax knowledge, and to seek outside professional advice as needed.
7.4 DT Tax is not in the business of providing tax expertise, and DT Tax cannot and will not do so. Any support provided in UFile is exclusively offered to help you, the user, use UFile, and is not, nor is it to be considered, professional fiscal consultation services. This disclaimer includes UFile’s and/or its Associated Parties’ help articles, documentation, instructions, and any material published electronically or otherwise by DT Tax or any Associated Parties; it also includes any support given by email or otherwise. “Associated Parties” shall include, without limitation, UFile third party licensors, affiliated or related companies, employees of DT Tax and of its affiliated companies, persons or corporations subcontracted by DT Tax or any affiliated companies, or anyone else representing DT Tax with or without its express written permission.
7.5 You are solely responsible for reviewing the accuracy of your tax results in UFile before proceeding to file the tax return you have prepared. You also agree that you alone are responsible for making sure that any person for whom you prepare a tax return reviews it for errors and omissions before filing it electronically or on paper. You agree that only the person whose tax return is being filed is responsible for the accuracy of the information used to prepare that tax return and not DT Tax, its principals, its employees or any person, corporation or other organization that has helped DT Tax in any manner whatsoever.
7.6 Communications systems used for accessing and interacting with UFile and/or the governments (e.g. telephones, computer networks, the Internet) are liable to fail on occasion and may interfere with or prevent your access to UFile (for upgrades), or to the CRA and/or RQ sites. DT Tax is in no way responsible for any such interference with, or prevention of, your use of such communications systems. You also acknowledge that DT Tax is not responsible for any interference on the communications networks that may corrupt a file.
7.7 Subject to the Accuracy Guarantee, you agree that you, and not UFile or DT Tax, will assume the entire cost, if any, of the consequences of filing an inaccurate, incomplete, or late tax return.
7.8 Because tax laws and regulations change frequently, and their application varies widely based upon specific facts and circumstances, interpretation rules, and taxing policies involved, you are solely responsible for the contents of your tax return and for ensuring that you are using the most up-to-date version of UFile.
7.9 DT Tax does not warrant that UFile is free from bugs, interruptions, errors, or other program limitations, nor that the UFile.ca site, or the server that makes it available, is free of viruses or other harmful components.
8. LIMITATION OF LIABILITY AND DAMAGES
8.1 SUBJECT TO THE ACCURACY GUARANTEE, THE ENTIRE LIABILITY OF DT TAX AND ANY ASSOCIATED PARTIES SHALL BE AT ALL TIMES LIMITED TO THE AMOUNT THAT YOU PAID FOR THE PURCHASE OF UFILE FOR THE THEN-CURRENT YEAR.
8.2 EXCEPT AS EXPRESSLY STIPULATED IN THIS AGREEMENT, UFILE IS PROVIDED "AS IS". TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, DT TAX AND ITS ASSOCIATED PARTIES DISCLAIM ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, REGARDING THE SERVICES AND THE RELATED MATERIALS AVAILABLE IN UFILE AND ON THE UFILE WEB SITE, INCLUDING THEIR FITNESS FOR A PARTICULAR PURPOSE, THEIR QUALITY, OR THEIR MERCHANTABILITY. THE SOFTWARE IS WARRANTED ONLY TO PERFORM IN ACCORDANCE WITH THE EXPRESS TERMS OF THIS LICENCE AGREEMENT. EXCEPT AS EXPRESSLY SET FORTH HEREIN, DT TAX AND/OR ITS ASSOCIATED PARTIES MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE UFILE SITE. THE UFILE SITE, UFILE, AND ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND. DT TAX AND/OR ITS RESPECTIVE SUPPLIERS HEREBY DISCLAIM ALL OTHER WARRANTIES, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
8.3 DT TAX WILL NOT IN ANY WAY BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES (INCLUDING DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS OR INVESTMENT, OR THE LIKE) WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE, EVEN IF DT TAX HAS 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. DT TAX WILL ALSO NOT BE LIABLE FOR INABILITY TO FILE YOUR RETURN, DELAY IN PREPARING YOUR TAX RETURN, INCORRECT OR INCOMPLETE INFORMATION PROVIDED TO UFILE, ANY ACCESS TO, OR USE OF, YOUR PASSWORD AND USER ID BY AN UNAUTHORIZED PERSON. YOU AGREE THAT DT TAX IS NOT ACTING AS YOUR AGENT OR FIDUCIARY IN CONNECTION WITH YOUR USE OF UFILE OR ANY PRODUCTS.
8.4 YOU UNDERSTAND THAT DT TAX WILL NOT AUDIT OR OTHERWISE VERIFY ANY INFORMATION YOU PROVIDE, AND IS NOT RESPONSIBLE FOR DISALLOWED DEDUCTIONS, OR THE INCLUSION OF ADDITIONAL UNREPORTED INCOME OR RESULTING TAXES, PENALTIES OR INTEREST.
8.5 DT TAX SHALL NOT BE LIABLE FOR ANY DEFAULT OR DELAY IN THE PERFORMANCE OF ITS 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 OR OTHER HOSTILITIES, LABOR DISPUTES, CIVIL DISTURBANCES, THE ACTIONS OR OMISSIONS OF THIRD PARTIES, ELECTRICAL OR COMMUNICATION SYSTEM FAILURES, OR GOVERNMENTAL ACTION.
9. SECURITY AND CONFIDENTIALITY
9.1 The files you create using UFile 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. More information on data security is available on the UFile.ca Web site.
9.2 DT Tax may contact you to offer you subsequent annual versions of the UFile tax software.
9.3 DT Tax may contact you to request a copy of your UFile tax file in order to give you assistance in using the UFile software, if need be. Release of that file is entirely at the discretion of the user.
9.4 If DT Tax needs to submit any information to you, it will do so either by posting such information on the DT Tax Web site or by email to registered users. You agree that DT Tax is not required to contact you in any other manner whatsoever.
9.5 UFile DT Tax is not responsible for emails lost or blocked by your email security software or Internet provider.
10.1 You are responsible for using UFile only on computers, networks, and telephone or other lines that you own and/or have permission to use, and you are responsible for all related charges, if applicable, such as cable, Internet service provider, telephone charges, etc.
10.2 UFile DT Tax shall have the right at any time to make amendments that it deems reasonable to this Agreement. Notice of any such changes will be given on the UFile.ca Web site and/or by email to registered users.
10.3 This Agreement is deemed entered into in Montreal, Province of Quebec.
10.4 This Agreement is also available in French. It is deemed to have been read and accepted in the user's choice of English or French.
10.5 The validity and performance of this Agreement shall be governed by the laws of the Province of Quebec. This Agreement shall be construed as to its fair meaning and not strictly for or against either party.
10.6 If any provision of this Agreement is invalid or unenforceable under applicable law, then it shall be deemed omitted and the remaining provisions shall continue in full force and effect.
10.7 This Agreement constitutes the entire understanding between DT Tax and you concerning DT Tax’s provision of and your access to UFile for Windows®, and supersedes all other agreements between the parties with respect to the subject matter herein, including without limitation any terms and conditions appearing on a purchase order, order form or other form(s). To the extent that any terms and conditions set forth in a purchase order, order form or other form(s) conflict with the terms of this Agreement, such terms shall prevail only to the extent that they specifically reference by section a term of this Agreement to be amended.
10.8 The waiver or failure of DT Tax to exercise any right provided for herein shall not be deemed a waiver of any further right hereunder. No action, regardless of form arising out of this Agreement may be brought by either party more than one (1) year after the cause of action has arisen, with the exception of violation of DT Tax's proprietary rights in UFile.
10.9 Neither party may assign its rights, duties or obligations under this Agreement, in whole or in part, without the prior written consent of the other party, which consent shall not be unreasonably withheld; however, either party may assign, upon written notice to the other party, this Agreement to any present or future parent, subsidiary, or affiliate, or as part of the sale of its business using UFile provided hereunder or pursuant to any merger, consolidation, or other reorganization, without the other party's consent. An assignee of either party, as authorized hereunder, shall assume all of the rights and obligations of the assigning party set forth in this Agreement.
10.10 All provisions of this Agreement relating to confidentiality or nondisclosure shall survive the termination of this Agreement.
10.11 You agree that no joint venture, partnership, employment, or agency relationship exists between you and DT Tax, as a result of this Agreement or use of the UFile website. UFile's performance is subject to compliance with existing laws, and nothing contained in this Agreement is in derogation of UFileDT Tax’s right or obligation to comply with governmental, court and law enforcement requests or requirements relating to your use of the UFile website or information provided to or gathered by UFile with respect to such use.