This Agreement contains the terms and conditions upon which you will be entitled to use the Software and written materials sold by Software Mechanics under the trade name "SVGmaker Content Server". If you do not wish to be bound by the terms and conditions contained in this Agreement, please destroy all copies of the Software and provide written notice to Software Mechanics.

1. DEFINITIONS "Licensor" means Software Mechanics Pty Ltd;
"Purchaser" means the person who purchased, hired or in any other way gained possession of this package;
"Software" means the SVGmaker Content Server software which is contained in this package;
"written materials" means any written materials, including but not limited to the User's Guide, which accompanies the Software.

2. PURCHASER BOUND BY SOFTWARE LICENCE AGREEMENT
By opening and/or installing the Software the Purchaser acknowledges that the Purchaser agrees to be bound by the terms and conditions contained in this Agreement.

3. NON-EXCLUSIVE LICENCE TO USE SOFTWARE AND MATERIALS
The Licensor hereby grants to the Purchaser a non-exclusive licence to use the Software and written materials in accordance with the terms and conditions contained in this Agreement. The Purchaser may only use the Software on the number of computers stated on the invoice or the contract for purchase at a single location at any one time.

4. COPYRIGHT AND REVERSE ENGINEERING

4.1 The Licensor is the owner of the copyright in the Software and written materials. Other than for purposes permitted under the Copyright Legislation and except as otherwise provided in this Agreement, no part of the Software or written materials may be copied or reproduced in any form or manner whatsoever without the prior consent in writing of the Licensor.

4.2 The Purchaser must not, and must not allow or procure any third party, to reverse assemble, reverse compile or reverse engineer the Software or any part of the Software.

5. COPYING OR REPRODUCING SOFTWARE OR WRITTEN MATERIAL The Purchaser may make copies of the Software for the Purchaser's back-up or security purposes only. The Purchaser must not copy or reproduce, or allow or procure the copying or reproduction by any third party, of the Software for any other purpose whatsoever. The Purchaser must not copy or reproduce, or allow or procure the copying or reproduction of, the written materials in any manner or form of any nature whatsoever.

6. LICENCE NON-TRANSFERABLE This Licence is personal only, and may not be assigned or in any other way transferred, in whole or in part, to any third person. The Purchaser must not provide the original or any copy of the Software or written materials to any third person, and the Purchaser must take reasonable steps to prevent the unauthorised copying, reproduction or distribution of the copies of the Software and written materials in the possession or under the control of the Purchaser.

7. WARRANTY

7.1 Subject to Clause 8, this clause contains the only warranties which form part of this Agreement, and no representation or warranty, written or oral, express or implied, forms part of this Agreement unless it is expressly set out in this Agreement.

7.2 The Licensor warrants that the diskette(s) on which the Software is supplied will be free from defects in materials and workmanship under normal use and service for a period of ninety (90) days from the date of payment by the Purchaser for the package, as evidenced by the sales receipt. If a diskette proves to be defective within the ninety (90) day warranty period, the Licensor will, at the purchaser's election:

(a) refund the full purchase price for the package; or
(b) provide a replacement diskette or diskettes,

provided that the Purchaser provides to the Licensor the faulty diskette or diskettes together with a copy of the sales receipt. In the case of a full refund, this Licence automatically terminates and the Purchaser must return to the Licensor all copies of the Software and written materials.

7.3 The Licensor does not warrant that:

(a) the results obtained by the Purchaser from the use of the Software and/or written materials will be in accordance with the Purchaser's expectations;

(b) the functions contained in the Software will meet the Purchaser's requirements; or

(c) the operation of the Software will be uninterrupted or error free.

8. IMPLIED WARRANTIES AND EXCLUSION OF LIABILITY

8.1 To the full extent permitted by law, any rights, remedies, liabilities, conditions or warranties which may be implied into this Agreement by virtue of the common law or any applicable State or Federal legislation are hereby expressly excluded, including, without limiting the generality of the foregoing, the implied warranties of merchantability and fitness for purpose.

8.2 The liability of the Licensor in relation to a breach of any condition or warranty, whether express or implied, is limited, at the Licensor's option, to the replacement of the Software or written materials or the supply of equivalent goods, the repair of the Software or written materials or the payment of the cost of replacing or having repaired the Software or written materials.

8.3 The Licensor will not be liable for any direct, indirect, consequential or incidental loss, damage or injury which arises out of the use of or inability to use the Software and/or written materials even if the Licensor has been advised of or is aware of the possibility of such loss, damage or injury.

9. TERMINATION OF LICENCE

9.1 This Licence will automatically terminate without prior notice from the Licensor if the Purchaser fails to comply with any of the terms or conditions of this Agreement or if the Purchaser uses, copies, modifies or transfers the Software or written materials except as is expressly provided for in this Agreement. Upon termination of the Licence, the Purchaser must destroy all copies of the Software and written material.

9.2 Notwithstanding the termination of this Agreement for any reason whatsoever, all of the provisions of this Agreement which operate to protect the rights and interests of the Licensor shall continue to be of force and effect.

10. SEVERABILITY

If any clause, or any part of any clause, is held to be invalid or unenforceable, the remaining provisions of this Agreement, and the remaining part of any provision where part only of the provision is invalid or unenforceable, shall remain in full force and effect and will not be effected by such invalidity.

11. APPLICABLE LAW