End User License Agreement for "My Transactions" Software by GoSmallBiz.com

IMPORTANT - PLEASE READ CAREFULLY THE FOLLOWING TERMS AND CONDITIONS

This License Agreement for MyTransactions by GoSmallBiz.com (the "Agreement") is a legal agreement between you or the company that you are authorized to represent ("You") and FTSBN, Inc. dba GoSmallBiz.com ("GoSmallBiz"). This Agreement governs your use of the online software programs that GoSmallBiz makes available to its Members for tracking and storage of cash basis accounting records. By clicking the "Accept" button below, you acknowledge that you have read this agreement, understand it and agree to be bound by its terms. GoSmallBiz recommends that Members print a copy of this Agreement and retain such copy for future reference.

1. AUTHORIZATION OF ACCOUNT.

GoSmallBiz.com ("GSB") authorizes each of its Members to establish a single account on its simplified use bookkeeping software presently referred to as "MyTransactions". Such account is included as a Member benefit and there is no additional charge to Members for use of this Software. The purpose of the software is to provide a method for recording, storing and reporting on cash basis transactions, including automobile usage on a per mile basis. The software is built as a web application, and as such all data is stored on the servers maintained by GoSmallBiz. The software application is intended to serve the basic bookkeeping needs of an independent contractor or self-employed sales representative. It is not intended for business that have requirements for tracking receivables, inventory, payroll, etc. Those businesses need to purchase accounting software that provides more complete functionality.

2. GRANT OF LICENSE.

Subject to your compliance with all terms of this Agreement, GoSmallBiz hereby grants to You a limited, nontransferable, non-exclusive license to use the Software under the terms stated in this Agreement for use in your business or profession. The grant of rights hereunder to the Software is not a sale of the Software or any portion thereof and does not convey any rights of ownership in the Software. GoSmallBiz reserves all rights not expressly granted by this Agreement and You hereby acknowledge that all title and ownership of the Program and all associated intellectual property rights are and shall remain with GoSmallBiz.

3. LICENSE RESTRICTIONS.

Continuation of this License is contingent on MemberÕs account with GoSmallBiz being active and in good standing. Use of the Software is covered by the GoSmallBiz Privacy Policy.

This Agreement does not include the right to make copies, translations, or modifications of or to the Software Program or any portion. You may not sell, distribute, lease, rent, sublicense, modify, change, alter, assign or transfer the Software Program or this license. You may not reverse-engineer, reverse-translate, disassemble, or decompile the Software Program, or any portion thereof, or otherwise attempt to discover the source code or structural framework of the Software. You may not create any derivative work based upon the Program by altering, modifying or translating the code of the Software. You may not obscure or remove any copyright or trademark notice from the Software.

Member must not allow any access to or use of the Software by anyone other than Member's employees or associates directly involved in the business for which transactions are being recorded, and any such use must be consistent with the terms, conditions and restrictions set forth in this Agreement.

GoSmallBiz reserves all rights not expressly granted to You in this Agreement.

4. LIMITATION OF WARRANTY.

Because software is inherently complex and may not be free from errors, you are advised to verify the work produced by the Software Program. If the reports generated by the Software are used for tax reporting purposes, they should be carefully reviewed for accuracy. Tax laws change frequently and GoSmallBiz makes no warranty that its Software is compliant with such tax laws. It is the sole responsibility of the Member to confirm that tax information is accurate before it is reported to the tax authorities.

No employee, agent or representative of GoSmallBiz, nor any reseller (including the person or company who sold You the Membership) or any other third party, is authorized to make any warranty with respect to the Software, and You may not rely on any such unauthorized warranty. GoSmallBiz does not warranty that this Software is adequate for the accounting needs of any particular business. It is intentionally designed as to have limited and simplified functionality and, therefore, will only meet the needs of businesses with relatively simple requirements for tracking accounting data.

Regardless of the failure of any remedy set forth herein, in no event will GoSmallBiz or its suppliers be liable to Member or to any third party for any lost profits, lost data, interruption of business, or other special, indirect, incidental or consequential damages of any kind arising out of the use or inability to use the Software or any data supplied therewith, even if GoSmallBiz has been advised of the possibility of such loss or damages and whether or not such loss or damages are foreseeable. Member expressly acknowledges that the use of this Software is provided without charge to Members and that Member is solely responsible for determining whether the Software is adequate to meet the needs for which it is being applied. Each party expressly acknowledges and agrees that the foregoing limitations of liability and allocation of risk reflect part of the bargained-for exchange of the parties with respect to this Agreement and the Software. All warranties stated in this Agreement apply only when the Program is used within the United States of America and its territories. GoSmallBiz does not represent or warrant that your use of the Software will be uninterrupted or error free. GoSmallBiz shall not be liable for any loss or damage in connection with or arising out of the interruption or loss of use of the Software or any failure of the Software to meet the requirements of the business of the Member.

5. DISCLAIMER REGARDING LINKS TO EXTERNAL SITES.

The Software Program may include links to other Web sites on the Internet that are owned and operated by third parties not under the control of GoSmallBiz. GoSmallBiz provides the links for Your convenience only and does not provide a warranty of any type regarding the actions of such third parties or the security of information sent to such third parties while You are using their Web sites. Under no circumstances shall GoSmallBiz, or its subsidiaries or affiliates, be responsible or liable in any way for the availability of services or products offered, or the content located on or through, any such third party's Web site.

6. EXPORT RESTRICTIONS.

The Parties shall abide by all foreign and United States federal, state and local laws, ordinances, rules and regulations applicable to the transactions contemplated hereunder. You agree to comply to the extent applicable with the United States Export Administration regulations, the International Traffic in Arms regulations and any regulations or licenses administered by the Department of the Treasury's Office of Foreign Assets Control.

7. SUPPORT.

GoSmallBiz disclaims any responsibility to provide any customer support except as may be determined by GoSmallBiz in its sole discretion to be commercially reasonable. GoSmallBiz may be unable to deliver this Software to certain of its Members in a fully functional manner due to incompatibility of computer hardware, internet browsers or other technical specifications. Should GoSmallBiz determine that the MyTransactions Software Program cannot be delivered to a particular Member, then that Member shall have no recourse other than cancellation of its membership in GoSmallBiz.

8. TERM AND TERMINATION.

This Agreement shall commence on the date You install the Software Program and shall continue until the earlier of: (i) the date it is terminated in accordance with the terms herein; or (ii) your acceptance of a superseding license agreement. This license, and all of GoSmallBizÕs obligations hereunder, automatically terminate if You fail to comply with any provision of this Agreement or upon the discontinuation of your Membership in GoSmallBiz.

Software has a limited useful life for various reasons including changes in technology. You are free to decide and responsible for deciding when to replace the Software Program. GoSmallBiz reserves the right to terminate its support of the Software Program should it determine, in its sole discretion, that continued support of the Software Program is not economically viable. In the event of such a decision, GoSmallBiz will take such steps as it considers appropriate to provide notice of termination and opportunity to retrieve data before the service is discontinued.

9. U.S. GOVERNMENT RESTRICTED RIGHTS.

If the Program is to be provided under a U.S. Government contract, the U.S. government's right to use, modify, reproduce, release or disclose the Program is subject to restrictions set forth in subparagraph (c)(1)(ii) of The Rights in Technical Data and Computer Software clause at DFARS 252.227-7013 or subparagraphs(c)(1) and (2) of the Commercial Computer Software - Restricted Rights at 48 CFR 52-227-19, as applicable. The contractor/manufacturer is FTSBN, Inc. dba GoSmallBiz.com, 3340 Peachtree Road, Suite 2570, Atlanta, Georgia 30326.

10. MISCELLANEOUS.

a. To the fullest extent permitted by law and consistent with valid entry into a binding agreement, the controlling language of this Agreement is English and any translation you have received has been provided solely for your convenience. In the event You have entered into this Agreement by means of the display of a translated version of this Agreement in a language other than U.S. English, you may request a U.S. English language version of this Agreement by notice to GoSmallBiz. To the fullest extent permitted by law, all correspondence and communication between You and GoSmallBiz under this Agreement must be in English language. The exclusive judicial forum for any action that You bring to enforce this Agreement shall be an appropriate federal or state court located in Georgia, and each party hereby irrevocably submits and waives any objection to the exclusive jurisdiction and forum of such courts.

b. Sections 12 (Limitation of Liability), 14(b) (Term & Termination), 15(b) (Governing Law) and this Section 15(g) shall survive the expiration or termination of this Agreement.

c. This Agreement constitutes the entire agreement between You and GoSmallBiz with respect to the subject matter hereof, and supersedes all proposals, oral or written, and all other communications between the parties with respect to such subject matter. This Agreement shall not be modified, except by written agreement signed by the parties hereto.

d. GoSmallBiz shall not be liable for and shall be excused from any failure to deliver or perform or for delay in delivery or performance due to causes beyond its reasonable control, including but not limited to, work stoppages, shortages, civil disturbances, terrorist actions, transportation problems, interruptions or power or communications, failure or suppliers or subcontractors, natural disasters or other acts of God.

e. All notices given hereunder shall be in writing and sent by overnight courier or delivered in person: (i) if to FTSBN, Inc. dba GoSmallBiz.com, 3340 Peachtree Road, Suite 2570, Atlanta, Georgia 30326; and (ii) if to You, to the address You indicated in your Member Profile.