TERMS OF ACCESS TO SOFTWARE - pdfServMachine, 5 Aug 2004 1. LICENCE CONDITIONS This Software is owned by Us. We grant to You a nonexclusive, non-transferable, perpetual licence to use this Software for evaluation purposes only. If you decide to use pdfServMachine for other than evaluation purposes, you must purchase a licence. a) pdfServMachine is licenced per server. b) The pdfServMachine software must not be altered or re-engineered in any way. 2. INTELLECTUAL PROPERTY You acknowledge that despite Your use of the Software, We own all intellectual property rights in and in relation to the Software including any modifications made to the Software. You acknowledge that the Software is Our copyright property and to the extent that the law permits, You will not adapt, copy, alter, modify, reproduce, distribute, transmit, download, reverse engineer or create derivative works from the Software, nor will You allow a third party to do so. 3. WARRANTY To the extent permitted by law: (a) We do not warrant that the functions contained in the Software will meet Your requirements, or that the operation of the Software will be uninterrupted or error- free, or that defects in the Software will be corrected; (b) We do not warrant or make any representations regarding the use or the results of the use of the Software or any documentation provided to You in terms of their correctness, accuracy, reliability, or otherwise; (c) this Software is provided to You ''as is.'' To the extent permitted by law, We make no warranties, either express or implied, with respect to this Software and/or associated materials provided to You, including but not limited to any warranty of merchantability, fitness for a particular purpose or against infringement; and (d) no oral or written information or advice given by Us or Our authorised representatives shall create a warranty or in any way increase the scope of this warranty. 4. LIMITATION OF LIABILITY To the extent permitted by law, We and Our authorised representatives and distributors are not liable to You for any claims or damages whatsoever in relation to Your use of the Software, including property damage, personal injury, intellectual property infringement, loss of profits, or interruption of business, or for any special, consequential or incidental damages, however caused, whether arising out of breach of warranty, contract, tort (including negligence), strict liability, or otherwise. 5. CHARGES The current charges are listed on the broadgun.com website. 6. CONFIDENTIALITY Each Party will not disclose the Confidential Information of the other Party without the prior written consent of the other Party. Each Party will take all reasonable steps to ensure that its employees and agents, and any sub- contractors it engages do not make public or disclose the other Party's Confidential Information. A Party will not be in breach of this clause 6 in circumstances where it is legally compelled to disclose the Confidential Information. This clause shall survive termination of these Terms of Access to Software. 7. Termination (a) We may terminate these Terms of Access to Software immediately: (i) upon 28 days written notice to You; (ii) if You are in breach of any term of these Terms of Access to Software and such breach (if capable of remedy) is not remedied within 28 days of written notice from Us; and (iii) if You become, threaten or resolve to become or are in jeopardy of becoming subject to any form of insolvency administration. (b) Upon termination of these Terms of Access to Software: (i) Your licence to use and access the Software will terminate immediately and You acknowledge and agree that: (A) all rights in relation to the Software granted to You pursuant to these Terms of Access to Software immediately cease; (B) You must immediately cease using the Software; and (C) all copies of the Software in Your possession (if any) must be returned to Us within 3 days of the date of termination of these Terms of Access to Software. 8. Adobe i) We are not affiliated or associated with Adobe; ii) The Software is compatible with Adobe Acrobat Reader, however We make no representation that the Software is affiliated or associated with the Adobe Acrobat Reader program; iii) We strongly recmmend that You obtain a licencsed copy of a PDF reader software program. 9. GENERAL (a) These Terms of Access to Software constitute the entire agreement between the Parties in relation to the Software and supersede all prior representations, agreements, statements and understandings, whether verbal or in writing. (b) No right under these Terms of Access to Software will be deemed to be waived except in writing signed by the Party granting the waiver. (c) These Terms of Access to Software will not be varied except by agreement in writing signed by both Parties. (d) These Terms of Access to Software will be governed by and construed according to the law of the State of Victoria, Australia. You and We agree to take legal proceedings over these Terms of Access to Software only in its courts. (e) Where You comprise of two or more persons, an agreement or obligation to be performed or observed by You binds those persons jointly and each of them severally, and a reference to You will be deemed to include a reference to any one or more of those persons. (f) With the exception of clause 5, these Terms of Access to Software apply to any use by You of the Software including use of the evaluation version of the Software. 10. Definitions "Charges" means the charges payable for Your use of the Software, inclusive of GST. "Confidential Information" means any confidential information belonging to a Party which relates to the terms and subject matter of these Terms of Access to Software and includes, without limitation, information relating to Your data, Our data, the Software and a Party's personnel, policies, clientele or business strategies. "GST" means the tax imposed or to be imposed by A New Tax System (Goods and Services Tax) Act 1999 (Cth). "Party" means either You or Us as the context dictates. "Software" means the pdfServMachine Software to be used by You under these Terms of Access to Software. "Terms of Access to Software" means these terms and conditions for access to and use of the Software. "We" or "Our" or "Us" means BroadGun Software Pty Ltd. "You or "Your" means You the party seeking to access and use the Software pursuant to these Terms of Access to Software.