Thursday 9th September

Disclaimer

Permission to use any or all of the aspects of the portmacquarie Programme is conditional upon your agreeing to the terms of this licence. By using the portmacquarie Programme, you will be deemed to have accepted the terms of the licence. If you do not wish to accept the terms of the licence, you must not use the portmacquarie Programme.

1. Licence

1.1 The portmacquarie Programme is a product developed by Tambre Holdings Pty Limited ('Licensor') and all the intellectual property including copyright, trade marks and registered designs is owned by or exclusively licensed to the Licensor.

1.2 Pursuant to this licence, you acquire a non-exclusive right to use the portmacquarie Programme upon the terms and conditions set out in this licence.

1.3 You may not reproduce, copy, modify, adapt or use the portmacquarie Programme in any way not contemplated or expressly authorised by this licence.

1.4 In this licence, 'portmacquarie Programme' means all software programmes, databases, sketches, images, photographs and text information contained on the copy of the media containing such information and on which this licence is displayed.

2. Licensee's obligation

2.1 You acknowledge and undertake the following:

a) You will not (during or any time after the expiration or termination of this licence) do or permit to be done any act which infringes the intellectual property of the Licensor;

b) You will not copy, reproduce, translate, adapt, vary or modify the portmacquarie Programme;

c) You will not use the portmacquarie Programme concurrently in more than one computer;

d) You will supervise and control the use of the portmacquarie Programme in accordance with the terms of this licence; and

e) You will not provide, sell, rent, lease, transfer or otherwise make available the portmacquarie Programme in any form to any person;

f) You will not analyse, reverse engineer, decompile, modify or disassemble the portmacquarie Programme or combine it with or incorporate it into any other application;

g) You will not print out the portmacquarie Programme.

3. Warranty

3.1 You acknowledge that:

a) The portmacquarie Programme is not guaranteed to be error free;

b) The existence of any such errors will not constitute a breach of this licence; and

c) The maximum liability of Licensor under this licence is an amount equal to the purchase price paid by you for the portmacquarie Programme.

3.2 If any statute implies terms into this licence which cannot be lawfully excluded, such terms will apply to this licence, however the liability of Licensor for breach of any such implied terms will be limited to the repayment of the purchase price paid by you for the goods.

3.3 Except as expressly provided to the contrary in this agreement, Licensor will not be liable to you for any loss or damage, including special, indirect or consequential damages arising out of:

a) The use of the portmacquarie Programme;

b) A breach of this licence; or

c) The supply of a defective portmacquarie Programme.

3.4 You acknowledge that:

a) You have exercised your own independent judgement in acquiring the portmacquarie Programme;

b) You have not relied on any:

c) representation made by Licensor which has not been stated expressly in this licence; and

d) any inscriptions or illustrations or specifications contained in any document including catalogues or publicity material produced by Licensor.

3.5 The warranties referred to in this clause 3:

a) are limited to the purchaser of the portmacquarie Programme; and

b) Will only be effective if the portmacquarie Programme is returned to the point of purchase with proof of purchase;

c) Does not apply if the failure of the portmacquarie Programme resulted from accident, abuse or misapplication.

4. Indemnity

4.1 You indemnify and hold the Licensor, its officers and employees harmless against all liabilities, costs and expenses which they may incur:

a) as a result of your breach of the provisions of this licence;

b) as a result of any claim by an unauthorised user of the Training Buddy Program who has obtained access to the portmacquarie Programme through you.

4.2 You release Licensor, its officers and employees from liability for any claim which may arise against it through your or any person's use of the portmacquarie Programme.

5. Medical Disclaimer

5.1 You acknowledge that:

a) The portmacquarie Programme does not provide medical or any health care advice, diagnosis or treatment;

b) The information provided in the portmacquarie Programme is not a substitute for professional medical advice, diagnosis, examination or treatment;

c) All users of the portmacquarie Programme should consult with their physician or qualified health professional before commencing usage of the portmacquarie Programme; and

d) The use of any information or content provided in the portmacquarie Programme will be entirely at your risk.

6. Term

6.1 This licence commences upon the payment of the license fee and is granted in perpetuity, but it may be terminated in the following circumstances:

a) If you are in breach of any term in this agreement;

b) If you, being a corporation, become the subject of insolvency proceedings;

c) If you, being a firm or partnership are dissolved; and

d) If you destroy the portmacquarie Programme and documentation for any reason.

6.2 Upon termination, you must destroy any remaining copies of the portmacquarie Programme and documentation or otherwise return and dispose of such material in the manner directed by Licensor.

6.3 Termination pursuant to this clause will not affect any right or remedies which Licensor may have otherwise under this licence or the law.

7. Assignment

The benefit of this licence will not be dealt with in any way by you (whether by assignment, sub -licensing or otherwise).

8. Waiver

Failure or neglect by Licensor to enforce at any time any of the provisions of this licence will not be construed or deemed to be a waiver of that party's right under this licence.

9. Governing Law

9.1 This licence will be governed by and construed in accordance with the law of New South Wales.

9.2 Any dispute under this agreement shall be submitted to a court of competent jurisdiction in New South Wales.