END USERS LICENSE AGREEMENT

**READ BEFORE INSTALLING OR USING THIS SOFTWARE**

BY USING THE SOFTWARE YOU ACKNOWLEDGE THAT YOU HAVE READ THIS END USER LICENCE AGREEMENT, UNDERSTAND IT AND AGREE TO BE BOUND BY ITS TERMS AND CONDITIONS. YOU ALSO AGREE THAT THE LIMITED WARRANTY IS THE COMPLETE AND EXCLUSIVE STATEMENT OF AGREEMENT BETWEEN THE PARTIES AND SUPERSEDE ALL PROPOSALS OR PRIOR AGREEMENTS, ORAL OR WRITTEN, AND ANY OTHER COMMUNICATIONS BETWEEN THE PARTIES RELATING TO THE SUBJECT MATTER OF THE LIMITED WARRANTY. IF YOU DO NOT ACCEPT THE LICENSE TERMS AND CONDITIONS SET OUT IN THIS END USERS LICENCE AGREEMENT, DO NOT INSTALL, OPERATE OR OTHERWISE USE THE SOFTWARE.

This software and accompanying written materials (if any) including instructions for use are provided "as is" without warranty of any kind. GI Business Database Solutions does not warrant, guarantee, or make any representations regarding the use, or the result of using the software or written materials (if any) in terms of functionality, correctness, accuracy, reliability or otherwise. The entire risk as to the performance of the software and the accuracy of results, reports or other information provided by the software is assumed by you. If the software or written materials are defective, you, and not GI Business Database Solutions or its owners, distributors, agents, or employees, assume the entire cost of all necessary servicing, repair or correction. Under no circumstances and under no legal theory, tort, contract or otherwise shall GI Business Database Solutions nor anyone else who has been involved in the creation, production or delivery of this software be liable to you or any other person for any direct, indirect, consequential or incidental 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 arising from the use of this software. 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 (if any) 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 is the only warranty of any kind, either express or implied, including but not limited to the implied warranties of merchantability and fitness for a particular purpose, that is made by GI Business Database Solutions on this software. No oral or written information or advice given by GI Business Database Solutions, its owners, distributors, agents or employees shall create any further warranty or in any way increase the scope of this warranty and you may not rely on any such information or advice.

You, the end-user, is responsible for the maintenance and the security of your computer systems and in particular the confidentiality and privacy law requirements relating to any information you have entered into the software. You, the end-user is responsible to make regular backups of the software and any data entered in or relating to the software.

You acknowledge that you are not entitled to any support for the software except for reasonable installation support the first time you install the software. Such support will be provided to you in a manner determined and at the absolute discretion of GI Business Database Solutions.

You acknowledge and warrant that prior to purchasing the open source version of the software that you satisfied yourself as to the fitness of the software for the purpose to which you intend to put it and that you did not rely upon any representation made by GI Business Database Solutions which is not expressly stated in this agreement or upon any description, illustration or specification contained in any document including catalogues, web pages, advertising or other publicity material produced by GI Business Database Solutions.

Title ownership rights and intellectual property rights in the Software shall remain with GI Business Database Solutions unless otherwise agreed in writing in which event no ownership rights or rights to intellectual property shall be relinquished until such time as the sum agreed to in writing has been received by GI Business Database Solutions.

You acknowledge that you must not sell, transfer or otherwise distribute the software to another person and further that you shall fully indemnify GI Business Database Solutions against all liabilities, costs and expenses which GI Business Database Solutions or its distributors, agents, or employees may incur as a result of a breach of the provisions of the agreement by you, or permitted by you. Further, to the extent permitted by law, you fully indemnify GI Business Database Solutions against all liabilities, costs and expenses resulting from any legal action taken by a third party against GI Business Database Solutions arising from your use of this software or any use permitted by you.

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. Accordingly, GI Business Database Solutions and its suppliers specifically disclaim any express or implied warranty of fitness for High-Risk Activities

This agreement represents the complete agreement concerning the use of this software. 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 the laws of Victoria Australia 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.