END-USER LICENCE AGREEMENT/LIMITED WARRANTY - IMPORTANT, PLEASE READ:

This Webation END-USER LICENCE AGREEMENT is a legal agreement between you (either an individual or a single entity) and Webation for the Webation software product you have just purchased, which includes computer software and may include associated media, printed materials, and "online' or electronic documentation ("SOFTWARE PRODUCT"). By installing, copying, or otherwise using the SOFTWARE PRODUCT, you agree to be bound by the terms of the Webation END USER LICENCE AGREEMENT. If you do not agree to the terms of the Webation END USER LICENCE AGREEMENT, do not install or use the SOFTWARE PRODUCT; you may, however, return it to your place of purchase for a full refund.

Webation CD-ROM indefinite LICENCE AGREEMENT

Licence and Ancillary Matters

1.1 Customer is non-exclusively and non-transferably licensed to use the Product in accordance with the Licence Agreement on a standalone computer or network controlled by Customer. During the continuance of the Licence only one user may use the Product at any time. (Multi-user licences are available, subject to separate written arrangements with Webation.)

1.2 Unless authorised in writing by Webation, the Product may be used (and reproduced) by Customer pursuant to the Licence only in connection with the internal management and administration of Customer's business activities and in the course of providing services to Customer's clients. In particular, the following activities are expressly prohibited: the use of a training Product by Customer to train Customer’s clients without acknowledging Webation’ ownership of the Product; and the reproduction of any part of the Product for sale or incorporation in any product or service intended for sale or supply to third parties.

1.3 Customer is not entitled to access to source code for any software included in the Product. All Webation’ copyright in and other proprietary rights to the Product are retained by Webation. All copyright in and other proprietary rights to the Product owned by Webation’ licensors of software or material, or both, included in the Product is retained by those respective licensors.

1.4 Except as contemplated by clause 1.2, Customer is not entitled to copy, modify, adapt, translate, reverse engineer, decompile, disassemble or create derivative works based on the Product (except to load in Customer's computer for use pursuant to the Licence). Nor may Customer merge the Product with any other databases or use server or browser software provided with the Product separately from the Product.

TERM AND TERMINATION

2.1 The Licence for the Product will commence on the date of acquisition by Customer of the Product.

2.2 The Licence will continue for an indefinite period, terminable only in accordance with clause 2.3.

2.3 Webation is entitled to terminate the Licence by written notice, without prejudice to any other rights it may have against Customer, if Customer defaults in the performance of any obligation under this Licence Agreement and, where the default is capable of being remedied, it continues unremedied for 7 days after written notice specifying the breach and requiring remedy is given by Webation to Customer.

2.4 Immediately following termination of this Licence, Customer agrees that Customer will delete and remove completely from Customer’s computer system all files created by the Product or by any accompanying installation and setup software.

Limitations

3.1 Webation makes no representations or warranties express or implied in respect of the Product. In particular, but without limiting the generality of the previous statement, Webation does not warrant that it is fit for any purpose, irrespective of whether or not any purpose is communicated to Webation. The CD-ROMs on which the Product is provided are warranted for a period of 30 days following delivery, except if it is subjected to abnormal conditions or use. Unless replaced under this warranty, damaged CD-ROMs will be replaced against payment of Webation’ standard replacement charge (subject to return of the damaged CD-ROM). Customer must apply whatever virus protection measures it considers appropriate as Webation will not be responsible for any damages or loss caused by any viruses in the Product.

3.2 The Product made available by Webation pursuant to the Licence Agreement is subject to the following disclaimer:

No person should rely on the contents of the Product without first obtaining advice from a qualified professional person. The Product is licensed on the understanding that: (1) the authors, consultants, editors and programmers are not responsible for the results of any actions taken on the basis of information contained in the Product, nor for any error in or omission from the Product; and (2) Webation is not engaged in rendering legal, accounting or other professional services. Webation and the authors, consultants, editors and programmers expressly disclaim all and any liability to any person, whether or not a purchaser, reader or user of the Product, in respect of anything, and of the consequences of anything, done or omitted to be done by any person in reliance, whether wholly or partially, on the whole or any part of the contents of the Product.

3.3 Nothing in this Licence Agreement excludes, restricts or modifies any condition, warranty or liability which may at any time be implied by the Trade Practices Act (the "Act") or any other applicable law where to do so is illegal or would render any provision of the Licence Agreement void. Subject to this qualification, all express or implied conditions or warranties, statutory or otherwise, in respect of the Licence and the Product are expressly negatived and excluded. Customer agrees that Webation will not be liable for any damages or loss of any kind whatever (including, without limitation, any liability for consequential damages or loss) arising out of the grant of the Licence or the use by Customer of the Product whether arising from any act, omission or failure (and whether negligent or not) of Webation, its officers, servants, agents or independent contractors, or otherwise. If Webation should be liable for breach of a condition or warranty implied by Division 2 of Part V of the Act (other than a condition or warranty implied by Section 69 of the Act) in relation to the supply of goods or services (or both) which are not of a kind ordinarily acquired for personal, domestic or household use or consumption, its liability is limited to any one or more as Webation in its sole discretion considers appropriate of the limitations specified in sub-sections (a) and (b) of Section 68A(1) of the Act.

3.4 If, despite clauses 3.1, 3.2 and 3.3, Webation incurs any liability to Customer in addition to that contemplated by clause 3.3 then Webation’ maximum aggregate liability to Customer will be limited to an amount equal to the purchase price paid by Customer for the Product.

3.5 No other contractual terms whatever, whether communicated to Webation before, at the time of, or after acquisition of the Product by Customer will form part of the contract between Webation and Customer unless agreed by Webation in writing. If for any reason other contractual terms do form part of the contract then, to the extent of any inconsistency, by using the Product Customer agrees that the terms of the Licence Agreement will prevail.

GENERAL

4.1 In this Licence Agreement unless the context otherwise requires references to clauses are to clauses of this Licence Agreement, the singular includes the plural and vice versa, where any word or phrase is defined, any other part of speech or other grammatical form of that word or phrase has a cognate meaning, and a reference to any statute, includes any amendment, consolidation, modification, re-enactment or reprint of it or any statute replacing it.

4.2 The validity, interpretation and performance of this Agreement will be governed by the law of the State of New South Wales and of the Commonwealth of Australia. The parties submit to the non-exclusive jurisdiction of the Courts of the State of New South Wales and of the Commonwealth of Australia in respect of any dispute that arises in connection with this Agreement.

4.3 A notice or other communication required or permitted to be given by a party to another must be in writing and delivered personally, sent by post, postage prepaid, sent by facsimile transmission or sent by e-mail (but only with a request by the sender for a receipt to be returned on opening) to that party from time to time. A notice or other communication will be taken, for the purposes of this Licence Agreement, to have been given if: personally delivered, upon delivery; mailed on the expiration of 3 business days after posting; sent by facsimile transmission, on the day it is sent (or, if that is not a business day, on the next business day); or sent by e-mail when the recipient sends an acknowledgement of receipt of the e-mail.

4.4 Customer may not assign, sub-license or otherwise transfer the benefit of the Licence without the prior written consent of Webation.

4.5 If Customer is in breach of its obligations under any other contract entered into with Webation, then Webation is entitled to withhold performance of any of its obligations under this Licence Agreement and any other contract which Webation has with Customer until the breach has been remedied. Webation will not be liable for any damages or loss (consequential or otherwise) sustained by Customer as a consequence of the exercise of Webation’ rights pursuant to this clause.

4.6 Webation may in its discretion provide telephone support for installation and use of the Product during Webation’ usual business hours. No representation or warranty that telephone support will be available at all or at any particular time is given by Webation to Customer.

4.7 Customer authorises Webation, its officers, employees, agents and independent contractors to enter any premises which Customer occupies at any time and from time to time during the continuance of the Licence without notice during business hours to verify that use by Customer of the Product is consistent with the Licence Agreement. Customer agrees to co-operate with Webation in order to facilitate the verification process by affording access to its computer systems for this purpose. Customer indemnifies Webation from all liability arising out of anything lawfully done by or on behalf of Webation in pursuance of Webation’ rights under this clause.

Definitions

“Licence” means the licence granted pursuant to clause 1.1.
“Licence Agreement” means the contract between Webation and Customer resulting from Customer acquiring the Product.
“Webation” means Webation Pty Limited ACN 089 614 415, trading as Webation;.
“Product” means the Webation product, the subject of the Licence (including all information and associated software) Licensed by Webation to Customer (and ancillary databases), software provided by Webation to Customer for search and retrieval of information and instruction manuals and software provided by Webation to Customer to facilitate use by Customer of the product.