IMPORTANT: CAREFULLY READ THE FOLLOWING TERMS AND CONDITIONS BEFORE INSTALLING ANY SOFTWARE PROGRAMS AVAILABLE ON THE TECHNISOFT SERVICE MANAGER CD. THE ACTION OF INSTALLING ANY SOFTWARE PROGRAM WILL INDICATE YOUR ACCEPTANCE OF THIS AGREEMENT.

Subject to the terms of this agreement, we grant to you a personal, non-transferable, non-exclusive license ("License") to use the Technisoft Service Manager software and any related documentation (collectively "Software"). You are responsible for selecting the Software to achieve your intended results and for the installation, use and results obtained from the Software.

LICENSE

License Grant

This License becomes effective from the time that you commenced installing the Software from CD.

You may:

a. Use the Software licensed to you solely for your use on a single computer or on a single computer network system for your own individual use. Even though copies of the Software may be provided on disks of different sizes, you may not use both sizes simultaneously on different computers. The Software may be transferred to and used on another computer, so long as the Software is de-installed on the original computer, and shall under no circumstances be used on more than one computer at a time. If designated for use on a network system, the Software may only be used in conjunction with the User Licensing for the Software.

b. You may either:

(i) make one copy of the Software solely for backup or archival purposes in support of your permitted use of the Software,

or

(ii) transfer the Software to a single hard disk provided you keep the original solely for backup or archival purposes.

c. You may transfer the Program together with this license to another person, but only if the other person agrees to accept the terms and conditions of this Agreement. If you transfer the Program and the License, you must at the same time transfer all copies of the Program and its documentation to the same person or destroy those not transferred. Any such transfer terminates your license, but you agree that you shall continue to keep all Service Manager materials confidential. If you do transfer the license the new Licensee will have to seek a new activation code.

Restrictions

YOU MAY NOT:

(A) TRANSFER OR RENT THE SOFTWARE OR USE, COPY OR MODIFY THE SOFTWARE, IN WHOLE OR IN PART, EXCEPT AS EXPRESSLY PERMITTED BY THIS AGREEMENT;

(B) DECOMPILE, REVERSE ASSEMBLE OR OTHERWISE REVERSE ENGINEER OR ATTEMPT TO REVERSE ENGINEER THE SOFTWARE;

(C) REPRODUCE, DISTRIBUTE OR REVISE THE SOFTWARE;

(D) REMOVE OR DESTROY ANY OF OUR PROPRIETARY MARKINGS ON THE SOFTWARE; OR

(E) USE THE SOFTWARE FOR ILLEGAL PURPOSES.

(F) USE THE SOFTWARE TO PROVIDE FACILITY MANAGEMENT, SERVICE BUREAU OR OTHER ACCESS AND USE OF THE PROGRAM TO THIRD PARTIES.

Indemnity

You agree to indemnify Technisoft for all loss or damage that we may suffer arising out of your use or misuse of the Software.

Limited Warranty

We warrant that the Software will substantially perform the functions or generally conform to the specifications published by Technisoft in relation to the Software.

We do not warrant that the Software will meet your requirements or that the operation of the Software will be entirely error free or appear precisely as described in the documentation accompanying the Software.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE MAKE NO OTHER EXPRESS OR IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. IN NO EVENT WILL WE BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY LOSS, INCLUDING TIME, MONEY, GOOD WILL, LOST PROFITS OR CONSEQUENTIAL DAMAGES, WHETHER DIRECT OR INDIRECT, WHICH MAY ARISE FROM THE USE, OPERATION, MAINTENANCE, MODIFICATION OR FAILED USE OF THE SOFTWARE.

TECHNISOFT SHALL NOT BE BOUND BY OR LIABLE FOR ANY OTHER REPRESENTATIONS OR WARRANTIES, WHETHER WRITTEN OR ORAL, WITH RESPECT TO THE SOFTWARE MADE BY ANY THIRD PARTY, INCLUDING AN AUTHORIZED DISTRIBUTOR, RESELLER OR ITS AGENTS, EMPLOYEES OR REPRESENTATIVES, NOR SHALL YOU BE DEEMED A THIRD PARTY BENEFICIARY OF ANY OBLIGATIONS OF TECHNISOFT TO AN AUTHORIZED RESELLER.

Where any condition or warranty is implied by statute into this agreement, and that legislation avoids or prohibits provisions in a contract excluding or modifying the application or exercise of or liability under such condition or warranty, that condition or warranty is included in this agreement. However, our liability for breach of that condition or warranty is limited to one or more of the following, selected by Technisoft:

(a) resupply of the Software;

(b) supply of similar software;

(c) fixing the Software; or

(d) paying someone else to fix the Software.

Default and Termination

We may terminate this agreement immediately in the event of default by you. On termination of this agreement, you must immediately discontinue use of the Software, and destroy or deliver up to Technisoft all copies of the Software in your possession or control and delete from your computers, libraries and storage devices within 10 days of the date of termination.

Updates

This License does not grant you any right to enhancements or updates to the Software.

No Indemnity

We do not and will not indemnify you for any loss or damage arising from or relating to any claim relating to your use of the Software.

Severability

If any provision of this agreement is held to be invalid, unenforceable or illegal for any reason, this agreement will remain otherwise in full force and effect apart from those provisions, which will be deleted.

Jurisdiction

If any dispute arises about this agreement or how this agreement applies, Queensland law will apply.