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This Pre-Release Software Agreement (”Agreement”) is between Intuit Inc. (”Intuit”) and you (hereinafter referred to as “Tester”). By using the Pre-Release Software, you accept these terms. This Agreement is effective immediately upon one of the following occurring: (i) if the Tester downloads the Pre-Release Software, Tester’s acceptance of this Agreement by pressing the “accept” button and Tester’s first use of the Pre-Release Software; (ii) if the Tester receives online access to the Pre-Release Software from Intuit, Tester’s acceptance of this Agreement by pressing the “accept” button and Tester’s first use of the Pre-Release Software; or (iii) if the Tester receives the Pre-Release Software from Intuit by mail, either (a) upon Tester’s acceptance by signing and returning this Agreement to Intuit or (b) upon Tester’s acceptance of this Agreement by pressing the “accept” button, and Tester’s first use of any Pre-Release Software.Tester agrees that use of any Intuit or third party features, services or content either in or accessible through the Pre-Release Software shall be subject to any applicable Intuit and/or third party terms and conditions, disclaimers and disclosures. Tester agrees to use the Pre-Release Software solely for the purposes of evaluation in accordance with the following terms and conditions:

1.0 Scope of License.

General.

(i) The Pre-Release Software is licensed, not sold. This Agreement only gives you some rights to use the Pre-Release Software. Intuit reserves all other rights. Unless applicable law gives you more rights despite this limitation, you may use the Pre-Release Software only as expressly permitted in this Agreement. In doing so, you must comply with any technical limitations in the Pre-Release Software that only allow you to use it in certain ways.

(ii) Tester agrees that Tester will be the only one authorized to use the Pre-Release Software and any related documentation for evaluation and/or testing and discussions with authorized representatives of Intuit.

(iii) Tester agrees not to make any copies of, or provide access to, the Pre-Release Software, in whole or in part, except as expressly allowed by an authorized representative of Intuit. This Agreement does not authorize Tester to make any modifications to or adaptations of any part or whole of the Pre-Release Software or to merge the Pre-Release Software into other programs or other materials, and any such modification, adaptation or merging is expressly prohibited. Tester agrees not to decompile, disassemble, or otherwise reverse engineer the Pre-Release Software. Tester agrees not to rent, lease, distribute, lend or use the Pre-Release Software for commercial purposes. Tester may not publish the Pre-Release Software for others to copy or transfer the Pre-Release Software or this Agreement to any third party.

(iv) To the extent that Tester provides any information, including but not limited to Personal Information (as defined below), to Intuit or its Representatives (as defined below) and/or to the extent any Personal Information is obtained from any health plan by Tester or on Tester’s behalf through the use of the Pre-Release Software, Tester warrants that (i) Tester is providing or obtaining only Tester’s own information or the information of others which Tester is authorized to provide to third parties and/or obtain from third parties on their behalf ; and (ii) the use of such information by Intuit and its Representatives will not infringe or misappropriate the intellectual property rights or otherwise violate the rights of any third parties.

(v) As a condition of use of the Pre-Release Software, Tester agrees that in the event of an error of the Pre-Release Software, a designated Pre-Release Software program technician shall be permitted to access Tester Personal Information as reasonably necessary to correct such error.

2.0 Warranty Disclaimer. Tester understands that the Pre-Release Software is a pre-release version and does not represent a final product from Intuit. Tester also understands that the Pre-Release Software may contain, errors, “bugs” and other problems which may result in system failure or failure in the use of the Pre-Release Software or loss of data or access by third parties to Personal Information provided to Intuit or obtained by Tester or on Tester’s behalf through use of the Pre-Release Software. Tester understands that the Pre-Release Software may “summarize” or “translate” certain Personal Information that Tester obtains, or that is obtained on Tester’s behalf, from a health plan through use of the Pre-Release Software, and that Intuit does not represent or warrant that any such summary or translation will be complete or accurate. The Pre-Release Software is provided to Tester “AS IS”, and Intuit disclaims any warranty or liability obligations to Tester of any kind. Tester understands and agrees that NEITHER INTUIT NOR ANY PARTICIPATING FINANCIAL INSTITUTION, ANY INTUIT AFFILIATE, OR ANY THIRD PARTY SERVICE OR DATA PROVIDER, LICENSORS OR DISTRIBUTORS (”REPRESENTATIVES”) MAKE ANY EXPRESS, IMPLIED, OR STATUTORY WARRANTY OR CONDITION OF ANY KIND FOR THE PRE-RELEASE SOFTWARE INCLUDING, BUT NOT LIMITED TO, ANY WARRANTY OR CONDITION WITH REGARD TO PRE-RELEASE PERFORMANCE, MERCHANTABILITY, FITNESS FOR ANY PARTICULAR PURPOSE, SECURITY OR NON-INFRINGEMENT, OR DATA OR SYSTEM INTEGRITY. IN NO EVENT WILL INTUIT OR ANY OF ITS REPRESENTATIVES BE LIABLE TO TESTER OR ANY OTHER PARTY FOR (i) PUNITIVE, EXEMPLARY OR AGGRAVATED DAMAGES; (ii) ANY DIRECT OR INDIRECT DAMAGES, INCLUDING ANY LOSS OF PROFITS OR INVESTMENT, LOSS OF BUSINESS. LOSS OF SAVINGS, LOSS, CORRUPTION OR THEFT OF DATA, VIRUSES, SPYWARE, TAX POSITIONS TAKEN BY YOU, OTHER ECONOMIC OR COMMERCIAL LOSS OR ANY OTHER INCIDENTAL OR CONSEQUENTIAL DAMAGES EVEN IF INTUIT OR ANY OF ITS REPRESENTATIVES HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES; OR (iii) FOR ANY CLAIM BY ANY OTHER PARTY. TESTER ACKNOWLEDGES AND AGREES THAT IT BEARS THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE PRE-RELEASE SOFTWARE. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, AND SO PARTS OF THE ABOVE LIMITATION MAY NOT APPLY TO TESTER.

3.0 Feedback; Idea Submission.

3.1 Tester acknowledges and agrees that Tester may be providing and submitting feedback, statements, suggestions and ideas (“Ideas”) in connection with Testers’ use of the Pre-Release Software to Intuit which Intuit may use in future modifications and/or final versions of the Pre-Release Software, multimedia works and/or advertising and promotional materials relating thereto. Tester hereby assigns to Intuit any and all rights and interest in any Ideas, including but not limited to any copyright, patent right, moral right, or any other intellectual property right.

3.2 Tester acknowledges and agrees that submission of Ideas to Intuit, either orally or in writing, will not in any way establish a confidential relationship with Intuit, nor will it place Intuit in the position of receiving a disclosure in trust. Intuit will not be obligated and makes no commitment to treat or maintain Ideas which Tester submits as confidential. In addition, Tester does not expect any type of payment or remuneration from Intuit for Ideas. Tester agrees that all documents and materials submitted to Intuit will become the property of Intuit, unless Intuit agrees otherwise in writing. No obligation is assumed or may be implied on the part of Intuit by receipt or examination of the idea submission to use the Ideas, compensate Tester or otherwise enter into another agreement with Tester.

4.0 Term and Termination.

4.1 Tester obligations with respect to the Pre-Release Software as set forth in Section 1.0 shall terminate when Tester either (i) receives written notice from Intuit or (ii) twelve (12) months following the date of the public release of the Pre-Release Software as a final product.

4.2 (a) Tester may terminate the license but not the confidentiality obligations at any time by notifying Intuit and by either returning to Intuit or destroying the Pre-Release Software and related information.

(b) Intuit may terminate Tester’s license immediately if Tester fails to comply with any term or condition of this Agreement.

(c) Intuit further reserves the right to terminate this Agreement on fifteen (15) days prior notice.

(d) Tester agrees that upon any termination, Tester will promptly return or destroy the Pre-Release Software and related information if requested by Intuit and provide Intuit with an officer’s certificate verifying such destruction. The provisions of Paragraphs 1, 2, 3, 4, 5, 6 and 7 shall survive any termination of this Agreement.

5.0 Proprietary Rights. The Pre-Release Software, and any materials furnished to Tester by Intuit and any information or materials which are designated in writing to be the property of Intuit shall remain the sole property of Intuit.

6.0 Export Restrictions. Tester acknowledges that the Pre-Release Software is subject to the U.S. Export Administration Regulations (15 CFR, Chapter VII) and that you will comply with these regulations. You will not export or re-export this product, directly or indirectly, to: (1) any countries that are subject to US export restrictions; (2) any end user who has been prohibited from participating in US export transactions by any federal agency of the US government; or (3) any end user who you know or have reason to know will utilize them in the design, development or production of nuclear, chemical or biological weapons. You further acknowledge that this product may include technical data subject to export and re-export restrictions imposed by US law.

7.0 General Provisions.

7.1 This Agreement shall be governed in all respects by the internal laws of the State of California excluding its conflicts or choice of law provisions and Tester agrees to submit to personal jurisdiction in the State of California.

7.2 Notices between the parties shall be by personal delivery, facsimile transmission, or certified or registered mail, return receipt requested, and shall be deemed given upon receipt at the address of the recipient party or ten days after deposit in the mail. Addresses used shall be the ones set forth below or such other address as a party hereto shall notify the other in writing. If the notice is to Intuit, it shall be sent to the attention of the Legal department.

7.3 In the event of any invalidity of any provision of this Agreement, the parties agree that such invalidity shall not affect the validity of the remaining portions of this Agreement, and further agree to substitute for the invalid provision a valid provision which most closely approximates the intent and economic effect of the invalid provision.

7.4 This Agreement constitutes the entire understanding and agreement between the parties with respect to the subject matter addressed herein and supersedes any and all prior or contemporaneous oral or written communications with respect to the subject matter hereof, all of which are merged herein. Tester may not assign Tester’s rights and obligations under this agreement without the prior written consent of an authorized representative of Intuit.