WARRANTY AND END USERS LICENCE AGREEMENT

IMPORTANT — READ CAREFULLY - BY CLICKING 'ACCEPT' OR BY INSTALLING OR USING THIS SOFTWARE YOU SIGNIFY ASSENT TO AND ACCEPTANCE OF THE TERMS OF THIS AGREEMENT.


WARRANTY
GI Business Database Solutions warrants that for a period of twelve 12 months from the date of acquisition that the software, if operated as directed and in accordance with the software environment for which the software was developed, will substantially achieve the functionality described in the documentation. GI Business Database Solutions does not warrant however that your use of the software will be uninterrupted or that the operation of the software will be error-free or secure. In addition the software may have inherent limitations and you must determine that the software sufficiently meets your requirements. GI Business Database Solutions also warrants that the media containing the software, if provided by GI Business Database Solutions, is free from defects in material and workmanship and will so remain for ninety (90) days from the date you acquired the software. GI Business Database Solutions sole liability for any breach of this warranty shall be in GI Business Database Solutions’ sole discretion:

(i) to replace your defective media or software; or
(ii) to advise you how to achieve substantially the same functionality with the software as described in the documentation through a procedure different from that set forth in the documentation; or
(iii) if the above remedies are impracticable to refund the amount you paid for the software.
Repaired, corrected or replaced software and any documentation shall be covered by this limited warranty for the period remaining under the warranty that covered the original software or if longer for thirty (30) days after the date ;
(a) of delivery to you of the repaired or replaced software or
(b) GI Business Database Solutions has advised you how to operate the software so as to achieve substantially the same functionality described in the documentation.

Only if you inform GI Business Database Solutions of a problem with the software during the applicable warranty period will GI Business Database Solutions be obligated to honour this warranty. GI Business Database Solutions will use reasonable commercial efforts to repair, replace, advise or refund pursuant to the foregoing warranty within thirty (30) days of being so notified.
If any modifications are made to the software by you during the warranty period; or if the media is subjected to accident abuse or improper use; or if you violate the terms of this agreement then this warranty shall immediately terminate and be void.
Moreover
This warranty shall not apply if the software is used on or in conjunction with hardware or software other than the unmodified version of hardware and software for which the software was designed to be used.

THIS IS THE LIMITED WARRANTY
And it is the only warranty made by GI Business Database Solutions or its suppliers. GI Business Database Solutions makes no other warranties express or implied, including but not limited to warranties of merchantability fitness for a particular purpose and non-infringement of third parties' rights. You may have other statutory rights. However to the full extent permitted by law the duration of any statutory required warranties if any shall be limited to the above limited warranty period. Moreover, in no event will warranties provided by law, if any, apply unless they are required to apply by statute notwithstanding their exclusion by this contract. No director, dealer, agent or employee of GI Business Database Solutions is authorised to make any modifications, extensions, or additions to this limited warranty.

LIMITATION OF LIABILITIES
Under no circumstances and under no legal theory, tort, contract or otherwise shall GI Business Database Solutions or its suppliers or resellers be liable to you or any other third party for any indirect special, Incidental or consequential damages of any character including without limitation damages for loss of goodwill, work stoppage, computer failure or malfunction, or any and all other commercial damages or losses. In no event will GI Business Database Solutions be liable for any damages in excess of the amount GI Business Database Solutions received from you for the software even if GI Business Database Solutions shall have been informed of the possibility of such damages or for any claim by any third party. This limitation of liability shall not apply to liability for death or personal injury resulting from GI Business Database Solutions' negligence only to the extent applicable law prohibits such limitation. Some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages so this exclusion and limitation may not apply to you.

TITLE
Title ownership rights and intellectual property rights in the Software are held by and at all times remain the property of GI Business Database Solutions. You do not purchase the title or rights to the software. You purchase only a licence (see Grant of Licence) to use and operate the software in accordance with the conditions outlined in this licence agreement.

GRANT OF LICENCE. Upon payment of the license fee you are granted the right to use the Software for its intended purpose. You or your agent may not sell, resell, licence, rent, lease, lend, or otherwise transfer for value or otherwise the use of or installation of the Software. You or your agent may not redistribute the Software in any form or broadcast it in any media. You or your agent may not reverse engineer, decompile, or disassemble the Software. You or your agent may not extract software component parts.

By clicking 'Accept' or by installing or using the Software, you the licensee signify your full acceptance of the terms of this Agreement. If you do not accept the terms of this Agreement, then you must not use the Software and must immediately uninstall the software from your computer system(s).

RESPONSIBILITES OF THE END USER
It is the sole responsibility of the licensee to maintain security of their computer and network systems and for the security and protection of any personal, private or financial information entered into the software. The software is not intended to protect the privacy of such information and must not be installed or operated in computer systems which may or could become subject to unauthorised access. The end user is responsible to ensure regular backups of the Software and any data they may store in the software.

HIGH RISK ACTIVITIES
The Software is not fault-tolerant and is not designed manufactured or intended for use or resale as on-line control equipment in hazardous environments requiring fail-safe performance in which the failure of the software could lead directly to death personal injury or severe physical or environmental damage. Accordingly, GI Business Database Solutions and its suppliers specifically disclaim any express or implied warranty of fitness for High Risk Activities.

MISCELLANEOUS
This Agreement represents the complete agreement concerning the license granted hereunder and may be amended only by a writing executed by GI Business Database Solutions. The acceptance of any purchase order placed by you is expressly made conditional on your agreement to the terms set forth herein and not those in your purchase order. If any provision of this Agreement is held to be unenforceable such provision shall be reformed only to the extent necessary to make it enforceable. This Agreement shall be governed by Victorian law excluding conflict of law provisions (except to the extent applicable law if any provides otherwise). The application of the United Nations Convention of Contracts for the International Sale of Goods is expressly excluded.