END USER LICENSE AGREEMENT

BY INSTALLING THIS SOFTWARE YOU ACCEPT THE TERMS OF THE SOFTWARE LICENCE
AGREEMENT BELOW.
PLEASE READ THIS SOFTWARE LICENCE AGREEMENT CAREFULLY. PERMISSION TO USE THIS
SOFTWARE IS CONDITIONAL ON YOU AGREEING TO THE TERMS OF THIS LICENCE. IF YOU USE
THIS SOFTWARE YOU ARE AGREEING TO THE TERMS OF THIS LICENCE.
TO ACCEPT THESE TERMS CLICK I ACCEPT THE TERMS IN THE LICENCE AGREEMENT.
ACCEPTANCE SHALL BIND YOU AND (IF APPLICABLE) YOUR EMPLOYEES TO THE TERMS OF
THIS LICENCE.
BY CLICKING I ACCEPT YOU AGREE THAT YOU HAVE READ ALL OF THE TERMS OF THIS
AGREEMENT.
IF YOU DO NOT WISH TO ACCEPT THESE TERMS CLICK I DO NOT ACCEPT THE TERMS IN THE
LICENCE AGREEMENT. SELECTION OF THIS OPTION WILL MEAN THAT THE DOWNLOAD AND
ONLINE TRANSACTION PROCESS WILL BE TERMINATED.
BACKGROUND TO THE LICENCE:
A. A reference in this Licence to the Software means the software product identified above and a
reference to the Documentation includes any documentation provided by Auslogics to use the
software.
B. You wish to use the Software.
. Auslogics Labs !ty Ltd "Auslogics# grants you a non$transferable non$e%clusive licence to use the
Software on the terms and conditions of this Licence.
PROVISIONS OF THE LICENCE:
1. LICENCE
&.& 'n consideration of the payment by you of the applicable fee indicated on Auslogics( web site "unless
the software is free of charge which will also be indicated# in respect of the Software "the )ee#
Auslogics grants to you a non$e%clusive and non$transferable licence to*
"a# install and use the Software and Documentation for your own personal or internal business
purposes sub+ect to the terms of this Licence,
"b# ma-e one copy of the Software and Documentation for bac-up and disaster recovery purposes
only, and
"c# use the Software and Documentation strictly in accordance with the provisions of this Licence
and any documentation provided by Auslogics for that purpose.
Auslogics reserves all rights not e%pressly granted to you in this Licence.
&.. /he Software licensed to you may either be used by a single person personally on one or more
computers. 0nly you can use this copy of the software. 'n order for someone else to use a copy of
this software they must obtain their own individual and separate license.
&.1 You underta-e*
"a# to supervise and control the use of the Software in accordance with the terms of this Licence,
"b# to ensure that "if applicable# your employees2 sub$contractors and other agents who have
authorised access to the Software are made aware of the terms of2 and comply with2 this
Licence,
"c# to not provide or otherwise ma-e available the Software in any form to any person other than as
permitted in this Licence, and
"d# to ensure that any permitted copy of the Software and Documentation bears notice of Auslogics(
ownership of copyright.
2. LICENCE FEES
..& /he Licence and )ee "if any# are e%clusive of ta%es2 duties and charges imposed or levied in
Australia in connection with the supply and installation of the Software. 3ithout limiting the foregoing2
you shall be liable for any subse4uent ta%es2 duties or charges in respect of the Software.
. GOODS AND SERVICES TA!
1.& All amounts payable or other consideration provided in respect of supplies made in relation to this
Licence are e%clusive of 5S/ "if any#. 3here a supply is a ta%able supply2 all amounts payable or
other consideration provided must be increased by the amount of 5S/ payable in relation to the
supply.
1.. All 5S/ must be paid at the time any payment to which it relates is payable "provided a ta% invoice
has been issued for the supply#. 3here any 5S/ payable is not referable to an actual payment2 then
it must be paid within ten "&6# days of a ta% invoice being issued by the party ma-ing the supply.
". MODIFICATIONS
7.& You must not modify or alter the Software or merge all or any part of the Software with any other
software without Auslogics( written permission. 'f the Software is modified or altered*
"a# the costs associated with the modifications or alterations will be borne solely by you, and
"b# you will fully indemnify Auslogics against all liability2 cost and e%penses "including legal costs#
which may be incurred by Auslogics if such modifications or alterations infringe any intellectual
property rights of a third person or otherwise cause Auslogics to suffer loss2 damages or
e%pense.
7.. /he Software as modified or altered remains the property of Auslogics in all respects2 whether
modified by you2 Auslogics or a third party and whether or not authorised pursuant to this Licence.
You must assign to Auslogics all intellectual property rights arising out of any modifications to the
Software.
7.1 /his Licence applies to the Software as modified or altered.
7.7 0ther than as re4uired by law. you may not reverse engineer2 reverse assemble or reverse compile
or directly or indirectly allow or cause a third party to reverse engineer2 reverse assemble or reverse
compile the whole or any party of the Software.
#. SECURITY
8.& You are responsible for the use2 supervision2 management and control of the Software and
Documentation.
8.. You must use reasonable endeavours to ensure that the Software is protected at all times from
misuse2 damage2 destruction or any form of unauthorised use.
8.1 You must -eep accurate records of use2 copying2 modification and disclosure of the Software.
$. UPDATES AND NEW RELEASES
9.& Auslogics may in its sole discretion notify you from time to time of any update or new release of the
Software which provides functions e4ual to or better than the Software.

9.. 3here an update or new release is provided by Auslogics*
"a# you must immediately install the update or new release and Auslogics is not liable for2 and will
"notwithstanding any other provision of this Licence# not accept any liability for any previous
version or release, and
"b# you may be re4uired to enter into a new licence for the new update or release and this Licence
"and any previous licence for the Software# will be terminated immediately upon your
acceptance of those terms. 'n the event that no new licence is supplied2 this Licence will
continue to apply in all respects to the update or new release which shall be deemed to be the
Software for the purpose of this Licence.
%. WARRANTIES
:.& Auslogics warrants that*
"a# it has authority to grant the rights granted in this Licence, and
"b# the Software will operate in conformity with the Documentation in all material respects.
:.. A;SL05'S 3'LL <0/ B= L'ABL= ;<D=> /?'S LA;S= /0 /?= =@/=</ /?A/ A D=)=/ 'S
A;S=D BY Y0;> ;S= 0) /?= S0)/3A>= 0/?=> /?A< '< A0>DA<= 3'/? /?'S
L'=<=2 '<L;D'<5 /?= )A'L;>= BY Y0; 0> A /?'>D !A>/Y /0 AA'</A'< /?=
0!=>A/'<5 =<B'>0<A=</ D=S'5<A/=D '< /?= D0;A=</A/'0< 0> /0 0/?=>3'S= ;S=
/?= S0)/3A>= '< A0>DA<= 3'/? A<Y S!=')'A/'0<S 'SS;=D BY A;SL05'S.
:.1 Y0; AC<03L=D5= /?A/ /?= S0)/3A>= 'S D'S/>'B;/=D AS 'S A<D A;SL05'S '< <0
3AY 5;A>A</==S /?A/ '/ 3'LL 0!=>A/= ;<'</=>>;!/=D 0> B= =>>0> )>==. Y0;
AC<03L=D5= /?A/ /?= =@'S/=<= 0) A<Y =>>0>S D0=S <0/ 0<S/'/;/= A B>=A?
0) /?'S L'=<=.
:.7 Y0; );>/?=> AC<03L=D5= /?A/ 500D DA/A !>0=SS'<5 !>0=D;>=S D'/A/=
/?A/ A<Y S0)/3A>= B= /?0>0;5?LY /=S/=D 3'/? <0<$>'/'AL DA/A B=)0>=
>=LY'<5 0< '/. Y0; ASS;A= /?= =</'>= >'SC 0) ;S'<5 /?= S0)/3A>= A<D
D0;A=</A/'0<. /?'S D'SLA'A=> 0) 3A>>A</Y 0<S/'/;/=S A< =SS=</'AL !A>/ 0)
/?'S L'=<S=.
:.8 Y0; AC<03L=D5= /?A/ Y0; ?AB= =@=>'S=D Y0;> '<D=!=<D=</ D;D5=A=</ '<
L'=<S'<5 /?= S0)/3A>= A<D ?AB= <0/ >=L'=D 0< A<Y >=!>=S=</A/'0< AAD= BY
A;SL05'S 3?'? ?AS <0/ B==< S/A/=D =@!>=SSLY '< /?'S L'=<= 0> ;!0< A<Y
D=S>'!/'0<S 0> 'LL;S/>A/'0<S 0> S!=')'A/'0<S 0</A'<=D '< A<Y D0;A=</
'<L;D'<5 !;BL''/Y AA/=>'AL !>0D;=D BY A;SL05'S.
:.9 0/?=> /?A< 'A!L'=D BY LA3 "'<L;D'<5 B;/ <0/ L'A'/=D /0 /?= A;S/>AL'A<
0<S;A=> LA3#2 /?= 3A>>A</'=S '< /?'S LA;S= >=!>=S=</ ALL 0) /?=
3A>>A</'=S 5'B=< BY A;SL05'S A<D <0 /=>A 0> 3A>>A</Y 3'LL B= 'A!L'=D.
&. CONFIDENTIALITY
E.& A party may not2 without the prior written approval of the other party2 disclose the other party(s
onfidential 'nformation "as defined below#. A party will not be in breach of this Licence in
circumstances where it is legally compelled to disclose the other party(s onfidential 'nformation.
E.. =ach party must ta-e all reasonable steps to ensure that its employees and agents2 and any sub$
contractors engaged for the purposes of this Licence2 do not disclose the other party(s onfidential
'nformation.
E.1 A party may disclose the other party(s onfidential 'nformation*
"a# to its related companies2 solicitors2 auditors2 insurers and accountants who re4uire information
for the purpose of this Licence, or
"b# if re4uired to disclose the information by law or the rules of any Stoc- =%change.
E.7 /his clause will survive the termination of this Licence.
E.8 Software uses Des-Aetrics Analytics to collect information to improve the products and features
users use most often and to help solve problems. Des-Aetrics collects software usage data. /his
information is collected 0<LY during software e%ecution.
'. INTELLECTUAL PROPERTY RIGHTS
You ac-nowledge that the Software and Documentation are the sub+ect of intellectual property rights
including copyright "the >ights#. You shall not during or any time after the termination of this Licence
permit any act "including without limitation copying the Software e%cept as permitted in this Licence#
which infringes those >ights. )or the avoidance of doubt this Licence does not give you any right to
use any trademar-s of Auslogics associated with the Software or Documentation. You will fully
indemnify Auslogics against all liability2 cost and e%penses "including legal costs# which may be
incurred by Auslogics as a result of your breach of the provisions of this clause &6.
1(. LIABILITY
&6.& S;BD=/ /0 LA;S= &6..2 A;SL05'S( /0/AL L'AB'L'/Y /0 Y0; '< >=S!=/ 0) ALL
LA'AS A>'S'<5 0;/ 0) 0> '< A<Y 3AY >=LA/'<5 /0 /?'S L'=<= 0> /?= S0)/3A>=
'<L;D'<5 LA'AS ;<D=> A<Y '<D=A<'/Y 0> )0> <=5L'5=<= S?ALL B= S/>'/LY
L'A'/=D /0 /?= )== !A'D ;<D=> /?'S L'=<=.
&6.. A<Y DAAA5=S >=S;L/'<5 )>0A A B>=A? 0) /?'S L'=<= BY ='/?=> !A>/Y 'S
L'A'/=D /0 A/;AL DAAA5=S '<;>>=D BY /?= !A>/Y LA'A'<5 DAAA5=S. <='/?=>
!A>/Y 3'LL B= L'ABL= /0 /?= 0/?=> )0> A<Y S!='AL2 '<D'>=/2 0<S=F;=</'AL 0>
'<'D=</AL L0SS 0> DAAA5= '<L;D'<5 B;/ <0/ L'A'/=D /0 L0SS 0) B;S'<=SS
0!!0>/;<'/Y2 B;S'<=SS '</=>>;!/'0<2 L0S/ !>0)'/S 0> )0> !;<'/'B= 0>
=@=A!LA>Y DAAA5=S =B=< ') A;SL05'S ?AS B==< ADB'S=D 0) /?= !0SS'B'L'/Y 0)
S;? DAAA5=S.
&6.1 ') A<Y 0<D'/'0< 0> 3A>>A</Y 'S 'A!L'=D '</0 /?'S A5>==A=</ BY LA3 A<D A<<0/
B= =@L;D=D2 /?= L'AB'L'/Y 0) A;SL05'S )0> B>=A? 0) /?= 0<D'/'0< 0>
3A>>A</Y 'S L'A'/=D /0 0<= 0> A0>= 0) /?= )0LL03'<5 A/ A;SL05'S( 0!/'0<*
"'# '< /?= AS= 0) 500DS,
"&# /?= >=!LA=A=</ 0) /?= 500DS 0> /?= S;!!LY 0) =F;'BAL=</ 500DS,
".# /?= >=!A'> 0) /?= 500DS,
"1# /?= !AYA=</ 0) /?= 0S/ 0) >=!LA'<5 /?= 500DS 0> 0) AF;'>'<5
=F;'BAL=</ 500DS, 0>
"7# /?= !AYA=</ 0) /?= 0S/ 0) ?AB'<5 /?= 500DS >=!A'>=D, 0>
"''# '< /?= AS= 0) S=>B'=S,
"&# /?= S;!!LY'<5 0) /?= S=>B'=S A5A'<, 0>
".# /?= !AYA=</ 0) /?= 0S/ 0) ?AB'<5 /?= S=>B'=S S;!!L'=D A5A'<.
1. &6.7 BY =</=>'<5 '</0 /?'S A5>==A=</2 Y0; =@!>=SSLY 3A'B= /?= >'5?/ /0
!A>/''!A/= '< A LASS A/'0< A5A'<S/ A;SL05'S A<D A<Y 0) A;SL05'S(
S;BS'D'A>'=S2 >=LA/=D 0A!A<'=S2 A))'L'A/=S2 A5=</S2 =A!L0Y==S2 !>=D==SS0>S
'< '</=>=S/2 S;=SS0>S A<D ASS'5<S ;<D=> /?'S A5>==A=</ 0> A<Y !>'0>
A5>==A=</S B=/3==< ;S. /?'S !>0B'S'0< S?ALL S;>B'B= /=>A'<A/'0< 0) /?= =<D
;S=> L'=<= A5>==A=</.
11. TERMINATION
&&.& A party may terminate this Licence immediately by written notice if*
"a# the other party is in material breach of any term of this Licence and such breach is not remedied
within thirty "16# days of notification, or
"b# the other party becomes2 threatens or resolves to become or is in +eopardy of becoming sub+ect
to any form of insolvency administration.
&&.. ;pon termination of this Licence you must immediately cease using the Software and destroy all
copies of the Software and the Documentation.
12. GENERAL
&..& You may not assign this Licence without the written consent of the other party "such consent not to
be unreasonably withheld or delayed#.
&... Any e%press statement of a right of Auslogics under this Licence is without pre+udice to any other
rights of Auslogics e%pressly stated in this Licence or e%isting at law.
&..1 /he obligations of the parties under this Licence are suspended during the continuance of any )orce
Aa+eure =vent to the e%tent that those obligations are affected by the )orce Aa+eure =vent.
&..7 /his Licence is governed by the laws of <ew South 3ales2 Australia and the parties submit to the
non$e%clusive +urisdiction of the courts e%ercising +urisdiction there.
&..8 All notices must be in writing and addressed in the case of notices to Auslogics to its registered
office.
&..9 =ach party must ta-e all steps as may be reasonably re4uired by the other party to give effect to the
terms of this Licence and transactions contemplated by this Licence.
&..: /his Licence contains the entire agreement between the parties with respect to its sub+ect matter.
&..E =ach party ac-nowledges that in entering into this Licence it has not relied on any representation or
warranties about its sub+ect matter e%cept as provided in this Licence.
&..G <o delay2 neglect or forbearance on the part of any party in enforcing against any other party any
obligation under this Licence will operate as a waiver or in any way pre+udice any right under this
Licence.
&..&6 'f any provision of this Licence is held to be invalid2 illegal or unenforceable2 this Licence will continue
otherwise in full force and effect apart from such provision which will be ta-en to be deleted.
&..&& Any variation of this Licence must be in writing signed by each party.
1. DEFINITIONS AND INTERPRETATION
&1.& D)*+,+-+.,/
'n this Licence2 unless the conte%t otherwise re4uires*
C.,*+0),-+12 I,*.341-+., means the confidential information of a party which relates to the sub+ect
matter of this agreement and includes information relating to*
"a# the design2 specification and content of the Software,
"b# the personnel2 polices or business strategies of Auslogics, and
"c# the terms upon which the Software is being supplied and installed pursuant to this Licence.
F.35) M16)73) E8),- means any event not within the control of a party whose obligations are
affected,
GST means goods and services ta% or any similar ta%,
&1.. 'n this Licence2 unless the conte%t otherwise re4uires*
"a# headings are for convenience only and do not affect interpretation,
"b# the singular includes the plural and conversely,
"c# the gender includes all genders,
"d# where a word or phrase is defined2 its other grammatical forms have a corresponding meaning,
"e# a reference to a person includes any body corporate2 unincorporated body or other entity and
conversely,
"f# a reference to a clause is to a clause of this Licence,
"g# a reference to any party to this Licence or any other agreement or document includes the
party(s successors and permitted assigns,
"h# a reference to any agreement or document is to that agreement or document as amended2
notated2 supplemented2 varied or replaced from time to time2 where applicable2 in accordance
with this Licence or that other agreement or document,
"i# a reference to any legislation or to any provision of any legislation includes any modification or
re$enactment of it2 any legislative provision substituted for it and all regulations and statutory
instruments issued under it,
"+# a reference to conduct includes2 without limitation2 any omissions2 statement or underta-ing2
whether or not in writing,
"-# all references to H are to Australian dollars, and
"l# where two or more persons have rights or obligations they are bound +ointly and severally.