Drake reserves the right to audit and approve any third-party hosting service for compliance with this Agreement. Installing, uploading or otherwise using the Software to a server with remote access, including the Internet, will require a separate license for each Site accessing the Software. Hosting: Using a hosting service does not relieve Licensee of any of its obligations under this Agreement, unless specifically agreed to in writing by Drake.This Agreement specifically prohibits access of the Software remotely from non-licensed Sites, with all remote usage requiring an additional license and Authorized User for each remote location outside the Site. Site, and the number of copies of the Software in use at that Site. Upon request, Licensee agrees to provide to Drake complete records of the location of any The license must be registered to a particular Site and may only be used by Authorized Users primarily working out of such Site. Licensee shall limit the use of the Software to one Site per license. Installation Limitations: A separate licensed copy of the Software must be purchased for each EFIN that is used to log in and transmit returns.Unless expressly authorized by Drake in writing, reselling, charging separate fees for the Software, or representing the authorization to sell or license the Software on behalf of Drake is strictly prohibited. This license grants Licensee no right to sub-license or in any way provide the Software to a third party. In consideration of and upon receipt of payment of the License Fee by Licensee, Drake grants to Licensee a non-exclusive, non-transferable, limited license to use the Software and any associated manuals and/or documentation subject to the terms and conditions of this Agreement.Ärake reserves the right to limit the license to the United States of America. It is licensed, not sold, and is licensed only on the condition that Licensee agrees to the terms and conditions of this Agreement. The Software is a proprietary product of Drake. Term - The license is valid through Maunless such period is extended pursuant to Section S(b). Tax Returns - The federal and state tax return forms offered through the Software for calculating and reporting tax information to the IRS, state(s) and other tax agencies.Taxpayer Data - any information that is obtained by Licensee or used by Licensee in the preparation of a Tax Return.EFIN - Electronic Filing Identification Number assigned by the Internal Revenue Service ("IRS").Evaluation Software - A version of the Software that is not for commercial purposes, but for the sole purpose of evaluating the prospect of licensing the Software.Online Account - The account of Licensee accessed via the web and hosted by Drake.Authorized User - Any person at a Site whom Licensee has authorized to use the Software and has assumed responsibility for compliance with this Agreement.Site - One (1) contiguous interconnected physical office space.Such designation is made in writing to Drake either as part of the execution of this Agreement or by other methods which are prescribed and approved by Drake. Contact - The designated individual representative of Licensee, authorized to act on behalf of Licensee in all matters relating to this Agreement.Licensee - The individual or entity that has or is responsible for remittance of payment of the License Fee to Drake and is responsible for compliance with this Agreement.License Fee - The fee paid by Licensee for the use of the Software.Software, as used in this Agreement, refers to the 2023 version of the Software only and does not apply to other versions of the software, which shall be governed by the applicable software year license. Software - The applications offered by Drake defined as the Drake Accounting software, which provide bookkeeping, accounting, payroll processing and electronic filing software for use by professional bookkeepers and payroll providers in providing services to their clients (see definition of "Reporting" in Section 4(a) below).Should this Agreement be terminated for any reason, including Drake's termination for Licensee's failure to comply with these terms and conditions, Licensee shall destroy or return to Drake the original and any copies of the Software, including partial copies, in any and all forms, with a written statement that such destruction or return of the Software has been accomplished. This Agreement is effective immediately upon opening, installing or using the Software, whichever occurs first, and shall remain in force until terminated. This 2023 DRAKE SOFTWARE ACCOUNTING LICENSE AND NON-DISCLOSURE AGREEMENT ("Agreement") is betweenÄrake Software, LLC ("Drake") and "Licensee" (as defined below). 2023 Drake Software Accounting License and Non-Disclosure Agreement
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