You agree not to use the Software to: 2.1 Transmit or communicate any data that is unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable; 2.2 Harm minors in any way; 2.3 Impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with a person or entity; 2.4 Forge headers or otherwise manipulate identifiers in order to disguise the origin of any data transmitted to other user s; 2.5 Transmit, access or communicate any data that you do not have a right to transmit under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under non-disclosure agreements); 2.6 Transmit, access or communicate any data that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party; 2.7 Transmit or communicate any data that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; 2.8 Disrupt the normal flow of dialogue, cause a screen to "scroll" faster than other users are able to type, or otherwise act in a manner that negatively affects other users' ability to engage in real time exchanges; 2.9 Interfere with or disrupt the Software; 2.10 Intentionally or unintentionally violate any applicable local, state, national or international law, including securities exchange and any regulations requirements, procedures or policies in force from time to time relating to the Software; 2.11 Monitor traffic or make search requests in order to accumulate information about individual users; 2.12 "Stalk" or otherwise harass another; 2.13 Modify, delete or damage any information contained on the personal computer of any Vagaa user; 2.14 Collect or store personal data or other information about other users; or 2.15 Intentionally make available spoofed files or files with information designed to misidentify the actual content of the file. 3. More Do's and Don'ts 3.1 This License allows you to install and use Vagaa on a single computer. This License does not permit you to install the Software on more than one computer at a time. You may make copies of the Software in machine-readable form for backup purposes only. The backup copy must include all copyright information contained on the original. 3.2 Except as expressly permitted in this Licence, you agree not to reverse engineer, de-compile, disassemble, alter, duplicate, modify, rent, lease, loan, sublicense, make copies, create derivative works from, distribute or provide others with the Software in whole or part, transmit or communicate the application over a network. 3.3 You may not sell, transfer or communicate the Software to any third party without our prior express written consent. 3.4 You may not use, test or otherwise utilize the Software in any manner for purposes of developing or implementing any method or application that is intended to monitor or interfere with the functioning of the Software. 3.5 You may not through the use of any third party software application, alter or modify the values stored by the Software in your computer's memory, on your computer's hard disk, or in your computer's registry, or, with the exception of completely uninstalling the Software, otherwise modify, alter or block the functioning of the Software. 3.6 You may not use unlicensed or unauthorized copies of the Software to obtain information about other users of the Software or for any other purpose. 4. Things You Need To Know When Using Vagaa 4.1 You are responsible for paying all applicable taxes and other costs you may incur in connection with your use of the Software including but not limited to all hardware and software costs and providing all equipment and software necessary to connect to our web site and to use the Software via the Internet and any royalties or other charges relating to the use of data owned by third parties. 4.2 Vagaa may from time to time present programming fixes, updates and upgrades to you, including version updates to the Software. You may accept or reject such programming fixes, updates and upgrades to you, including version updates at your sole discretion. 4.3 Installation. When you install the Software, the install program, e.g. kmd260_en.exe, is saved to your My Shared Folder and shared out to other users. You understand and agree that other users may download this file from your computer and by doing so your Internet connection will be used. If you do not want this to happen, you can delete the file or right click the file and select 'Do Not Share This File'. 4.4 My Shared Folder. By saving a file in My Shared Folder, you understand that it will be available for any other user of Vagaa and compatible programs. These users may find your files and subsequently download them from you. By doing so your Internet connection is being used. The Software provides options regarding sharing: * To disable sharing go to Tools->Options->Traffic and check Disable Sharing * To disable sharing of selected files right click the file in My Vagaa and select Stop Sharing this file. The Vagaa program is a "peer-to-peer" program; this means that it communicates with other peers (other Vagaa or compatible programs). Other users may download files that you have stored in the My Shared Folder and other folders you have selected to be shared. Don't share files which are confidential, such as financial information, or which you do not have the right to distribute. While your copy of Vagaa is communicating with other peers it receives information of the status of interconnected peers, that information is stored on your computer. 4.5 SuperNode. Your copy of the Software may serve as a SuperNode. The selection process is automated. When your computer is a SuperNode other peers will upload an index of files they are sharing to your computer and they will send search queries to our computer. Your computer will reply to these requests and also forward the request to other SuperNodes. If you do not want to serve as a SuperNode go to Tools -> Options -> Advanced and check 'Do not function as a SuperNode'. When you are a SuperNode your CPU and Internet connection is being used, but not more than 10% of the resources will be used. 5. Things You Need To Do When Using Vagaa 5.1 It is your responsibility to ensure that you obtain all consents, authorisations and clearances in any data owned or controlled by third parties that you transmit, access or communicate to others using Vagaa. 5.2 Vagaa will not be liable in any way: 5.2.1 for any errors or omissions in any data, or for any loss or damage of any kind incurred as a result of any data transmitted via the Software; 5.2.2 if you are exposed to data that is offensive, indecent or objectionable; or 5.2.3 for any allegations or findings of infringement of copyright or other proprietary rights as a result of your use of the Software. 6. Copyright Infringement 6.1 Vagaa respects copyright and other laws. Vagaa requires all Vagaa users to comply with copyright and other laws. Vagaa does not by the supply of the Software authorise you to infringe the copyright or other rights of third parties. 6.2 As a condition to use the Software, you agree that you must not use the Software to infringe the intellectual property or other rights of others, in any way. The unauthorised reproduction, distribution, modification, public display, communication to the public or public performance of copyrighted works is an infringement of copyright. 6.3 Users are entirely responsible for their conduct and for ensuring that it complies with all applicable copyright and data- protection laws. In the event a user fails to comply with laws regarding copyrights, other intellectual property rights, data-protection and privacy, such a user may be exposed to civil and criminal liability, including possible fines and jail time. 7. Vagaa's Right to Run Advertising without Payment to Users 7.1 Vagaa reserves the right to run advertisements and promotions on Vagaa. 7.2 By accepting the terms of this Licence, you agree that we have the right to run such advertisements and promotions without compensation to you. 7.3 The timing, frequency, placement and extent of advertising by us within the pages comprising Vagaa.com or Vagaa is subject to change and shall be determined by us at our sole discretion. 7.4 Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through Vagaa.com or Vagaa, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertiser. 7.5 You agree that Vagaa is not responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers on Vagaa and/ or Vagaa.com. 7.6 You agree, so long as you have not entirely deleted Vagaa from your computer, not to take any action, including downloading other software, to disable or block the display of advertising by the Software. 8. Links to Third-Party Sites and Channels 8.1 Vagaa may provide links on Vagaa, Vagaa.com or through icons placed on your computer's desktop upon installing the Software ("Icons") to third-party websites, and/or may frame various third-party websites (or frame within such sites) through the Software or on Vagaa.com. Third-party websites, including channels, which Vagaa.com, Vagaa, or Icons may link to or frame, may have co- branding and other relationships with Vagaa that offer e-commerce and other services and features to users, but are not under the control of Vagaa. Vagaa does not have any responsibility or liability for any information, data, communications, products or materials available on such third-party sites. These linked and framed sites are only for your convenience and you therefore access them at your own risk. 9. Third Party Software 9.1 During the process of installing Vagaa, you must install software from third party software vendors pursuant to licences or other arrangements between such vendors and yourself ("Third Party Software"), including without limitation those software components noted in Section 9.4 below. Please note that the Third Party Software may be subject to different licences or other arrangements, which you should read carefully. By installing and using this Third Party Software you accept these Third Party Software licences or other arrangements and acknowledge that you have read them and understand them. Vagaa does not sell, resell, or license any of this Third Party Software, and Vagaa disclaims to the maximum extent permitted by applicable law, any responsibility for or liability related to the Third Party Software. Any questions, complaints or claims related to the Third Party Software should be directed to the appropriate vendor. 9.2 Vagaa MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND CONCERNING THE QUALITY, SAFETY OR SUITABILITY OF THE THIRD PARTY SOFTWARE, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES OF MERCHANTABILITY,FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL Vagaa BE LIABLE FOR ANY INDIRECT,PUNITIVE, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES HOWEVER THEY MAY ARISE AND EVEN IF Vagaa HAS BEEN PREVIOUSLY ADVISE OF THE POSSIBILITY OF SUCH DAMAGES. 9.3 There are inherent dangers in the use of any software available for downloading on the Internet, and Vagaa cautions you to make sure that you completely understand the potential risks before agreeing to install any of the Third Party Software. You are solely responsible for adequate protection and backup of the data and equipment used in connection with any of the Third Party Software, and Vagaa will not be liable for any damages that you may suffer in connection with using, modifying or distributing any of the Third Party Software. 9.4 Embedded Third Party Software In exchange for downloading the Software at no cost, you expressly agree that you accept the Embedded Third Party Software and that so long as you have not entirely deleted Vagaa from your computer you will not take any action, including downloading other software which modifies, is intended to modify or permits others to modify registry or other settings on your computer to, disable, remove, block, prevent the functioning of, or otherwise interfere with any of the Embedded Third Party Software. 10. Applicable Law 10.1 This Licence as well as all disputes arising out of or in connection with this Licence shall be governed by the laws of the New South Wales, Australia, without regard to or application of choice of law rules or principles. 10.2 Any dispute arising out of or in connection with this Licence, or in future agreements resulting therefrom, shall be exclusively resolved before the competent court in New South Wales, Australia. 11. Points To Consider For International Use 11.1 Recognising the global nature of the Internet, you agree to comply with all local rules regarding on-line conduct and acceptable data. Specifically, you agree to comply with all applicable laws regarding copyright and the transmission of technical data exported from the country in which you reside. 12. Indemnification 12.1 YOU AGREE TO INDEMNIFY, HOLD HARMLESS AND DEFEND Vagaa AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, AGENTS, CO-BRANDERS OR OTHER PARTNERS, AND EMPLOYEES, AT YOUR EXPENSE, AGAINST ANY AND ALL THIRD PARTY CLAIMS OR DEMANDS, ACTIONS, PROCEEDINGS AND SUITS AND ALL RELATED LIABILITIES, DAMAGES, SETTLEMENTS, PENALTIES, FINES COSTS AND EXPENSES (INCLUDING, WITHOUT LIMITATION, REASONABLE ATTORNEY'S FEES AND OTHER DISPUTE RESOLUTION EXPENSES) INCURRED BY Vagaa, DUE TO OR ARISING OUT OF DATA YOU SUBMIT,POST TO, TRANSMIT OR COMMUNICATE THROUGH THE SOFTWARE,YOUR USE OR MISUSE OF THE SOFTWARE, YOUR CONNECTION TOOTHER USERS, YOUR VIOLATION OF THIS LICENSE,OR YOUR VIOLATION OF ANY RIGHTS OF ANOTHER. 13. Disclaimers of Warranties 13.1 THE SOFTWARE IS PROVIDED "AS IS", AND ON AN "AS AVAILABLE" BASIS AND THERE ARE NO CLAIMS, REPRESENTATIONS AND WARRANTIES MADE BY Vagaa, EITHER EXPRESS, IMPLIED OR STATUTORY (TO THE EXTENT PERMITTED BY APPLICABLE LAW), WITH RESPECT TO THE SOFTWARE, INCLUDING BUT NOT LIMITED TO, WARRANTIES OF QUALITY, PERFORMANCE, TITLE, NON- INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, NOR ARE THERE ANY WARRANTIESCREATED BY COURSE OF DEALING, COURSE OF PERFORMANCE OR TRADE USAGE. 13.2 ANY DATA DOWNLOADED THROUGH THE USE OF THE SOFTWARE IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OR USE OF ANY SUCH MATERIAL. 14. Limitation of Liability 14.1 YOU UNDERSTAND AND AGREE THAT IN NO EVENT SHALL Vagaa BE LIABLE WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE WHETHER ACTIVE, PASSIVE OR IMPUTED), PRODUCT LIABILITY OR STRICT LIABILITY, EVEN IF Vagaa HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL,OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLELOSSES, RESULTING FROM: 14.1.1 THE USE OR THE INABILITY TO USE THE SOFTWARE 14.1.2 THE COST OF PROCUREMENT OF SUBSTITUTE GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE USE OF THE SOFTWARE; 14.1.3 UNAUTHORISED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; 14.1.4 STATEMENTS OR CONDUCT OF ANY THIRD PARTY USING THE SOFTWARE; OR 14.1.5 ANY OTHER MATTER RELATING TO THE USE OF THE SOFTWARE. IN NO EVENT SHALL Vagaa'S TOTAL LIABILITY TO YOU FOR ALL DAMAGES EXCEED THE AMOUNT OF FIFTY AUSTRALIAN DOLLARS ($50). 14.2 WHERE THE TRADE PRACTICES ACT 1974 (CTH) OR SIMILAR STATE AND TERRITORY LEGISLATION IMPLIES INTO THIS LICENCE ANY CONDITION OR WARRANTY, AND THOSE LAWS AVOID OR PROHIBIT CONDITIONS IN A CONTRACT EXCLUDING OR MODIFYING THEM, THEN THE TERM, CONDITION OR WARRANTY SHALL BE DEEMED TO BE INCLUDED IN THIS LICENCE, PROVIDED THAT TO THE FULL EXTENT THAT Vagaa IS ABLE TO THE LIABILITY OF Vagaa FOR A BREACH OF ANY SUCH CONDITION OR WARRANTY, INCLUDING ANY ECONOMIC OR CONSEQUENTIAL LOSS, SHALL BE LIMITED AT THE OPTION OF Vagaa TO ONE OR MORE OF THE FOLLOWING: 14.2.1 IF THE BREACH RELATED TO GOODS: (A) THE REPLACEMENTOF THE GOODS OR THE SUPPLY OF EQUIVALENT GOODS; (B) THE REPAIR OF GOODS; (C) THE PAYMENT OF THE COST OF REPLACING THE GOODS OR OBTAINING EQUIVALENT GOODS; (D) THE PAYMENT OF HAVING THE GOODS REPAIRED; OR 14.2.2 IF THE BREACH RELATES TO SERVICES: (A) THE SUPPLY OF THE SERVICE AGAIN; OR (B) THE PAYMENT OF THE COST OF HAVING THE SERVICE SUPPLIED AGAIN. 15. Termination 15.1 It is your responsibility to comply with the terms of this Licence and to obey the laws of your jurisdiction. Your rights under this Licence will terminate immediately and without prior notice if: you violate any term of this License, including violating any applicable laws or rights of any third party including the intellectual property rights of any such third party. You may be subject to legal action if you continue to use Vagaa in violation of this Licence. 16. Trademarks and Trade Dress 16.1 The Vagaa name, the Vagaa logo, and other Vagaa related properties are trademarks of Vagaa. All other trademarks appearing on Vagaa are trademarks of their respective owners. 16.2 "Vagaa" is a trade dress of Vagaa Networks. 17. Miscellaneous 17.1 This Licence constitutes the entire understanding of you and Vagaa with respect to the Software and the subject matter hereof. There are no understandings, agreements, conditions or representations, oral or written, express or implied, with reference to the subject matter hereof that are not merged herein, expressly referenced herein, or superseded hereby. 17.2 The failure or delay of Vagaa to exercise or enforce any rights or provision of the License does not constitute a waiver of such right or provision. 17.3 All provisions which must survive in order to give effect to their meaning, shall survive any expiration or termination of this License, including without limitation all of your representations, warranties and indemnification obligations. 17.4 Should any part of this License be held invalid by any court or tribunal, such invalidity shall not affect the validity of any remaining part, which will remain in full force and effect as if this License had been executed without that part having been held to be invalid. Instructions for viewing End User License Agreement for Vagaa s; 2.5 Transmit, access or communicate any data that you do not have a right to transmit under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under non-disclosure agreements); 2.6 Transmit, access or communicate any data that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party; 2.7 Transmit or communicate any data that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; 2.8 Disrupt the normal flow of dialogue, cause a screen to "scroll" faster than other users are able to type, or otherwise act in a manner that negatively affects other users' ability to engage in real time exchanges; 2.9 Interfere with or disrupt the Software; 2.10 Intentionally or unintentionally violate any applicable local, state, national or international law, including securities exchange and any regulations requirements, procedures or policies in force from time to time relating to the Software; 2.11 Monitor traffic or make search requests in order to accumulate information about individual users; 2.12 "Stalk" or otherwise harass another; 2.13 Modify, delete or damage any information contained on the personal computer of any Vagaa user; 2.14 Collect or store personal data or other information about other users; or 2.15 Intentionally make available spoofed files or files with information designed to misidentify the actual content of the file. 3. More Do's and Don'ts 3.1 This License allows you to install and use Vagaa on a single computer. This License does not permit you to install the Software on more than one computer at a time. You may make copies of the Software in machine-readable form for backup purposes only. The backup copy must include all copyright information contained on the original. 3.2 Except as expressly permitted in this Licence, you agree not to reverse engineer, de-compile, disassemble, alter, duplicate, modify, rent, lease, loan, sublicense, make copies, create derivative works from, distribute or provide others with the Software in whole or part, transmit or communicate the application over a network. 3.3 You may not sell, transfer or communicate the Software to any third party without our prior express written consent. 3.4 You may not use, test or otherwise utilize the Software in any manner for purposes of developing or implementing any method or application that is intended to monitor or interfere with the functioning of the Software. 3.5 You may not through the use of any third party software application, alter or modify the values stored by the Software in your computer's memory, on your computer's hard disk, or in your computer's registry, or, with the exception of completely uninstalling the Software, otherwise modify, alter or block the functioning of the Software. 3.6 You may not use unlicensed or unauthorized copies of the Software to obtain information about other users of the Software or for any other purpose. 4. Things You Need To Know When Using Vagaa 4.1 You are responsible for paying all applicable taxes and other costs you may incur in connection with your use of the Software including but not limited to all hardware and software costs and providing all equipment and software necessary to connect to our web site and to use the Software via the Internet and any royalties or other charges relating to the use of data owned by third parties. 4.2 Vagaa may from time to time present programming fixes, updates and upgrades to you, including version updates to the Software. You may accept or reject such programming fixes, updates and upgrades to you, including version updates at your sole discretion. 4.3 Installation. When you install the Software, the install program, e.g. kmd260_en.exe, is saved to your My Shared Folder and shared out to other users. You understand and agree that other users may download this file from your computer and by doing so your Internet connection will be used. If you do not want this to happen, you can delete the file or right click the file and select 'Do Not Share This File'. 4.4 My Shared Folder. By saving a file in My Shared Folder, you understand that it will be available for any other user of Vagaa and compatible programs. These users may find your files and subsequently download them from you. By doing so your Internet connection is being used. The Software provides options regarding sharing: * To disable sharing go to Tools->Options->Traffic and check Disable Sharing * To disable sharing of selected files right click the file in My Vagaa and select Stop Sharing this file. The Vagaa program is a "peer-to-peer" program; this means that it communicates with other peers (other Vagaa or compatible programs). Other users may download files that you have stored in the My Shared Folder and other folders you have selected to be shared. Don't share files which are confidential, such as financial information, or which you do not have the right to distribute. While your copy of Vagaa is communicating with other peers it receives information of the status of interconnected peers, that information is stored on your computer. 4.5 SuperNode. Your copy of the Software may serve as a SuperNode. The selection process is automated. When your computer is a SuperNode other peers will upload an index of files they are sharing to your computer and they will send search queries to our computer. Your computer will reply to these requests and also forward the request to other SuperNodes. If you do not want to serve as a SuperNode go to Tools -> Options -> Advanced and check 'Do not function as a SuperNode'. When you are a SuperNode your CPU and Internet connection is being used, but not more than 10% of the resources will be used. 5. Things You Need To Do When Using Vagaa 5.1 It is your responsibility to ensure that you obtain all consents, authorisations and clearances in any data owned or controlled by third parties that you transmit, access or communicate to others using Vagaa. 5.2 Vagaa will not be liable in any way: 5.2.1 for any errors or omissions in any data, or for any loss or damage of any kind incurred as a result of any data transmitted via the Software; 5.2.2 if you are exposed to data that is offensive, indecent or objectionable; or 5.2.3 for any allegations or findings of infringement of copyright or other proprietary rights as a result of your use of the Software. 6. Copyright Infringement 6.1 Vagaa respects copyright and other laws. Vagaa requires all Vagaa users to comply with copyright and other laws. Vagaa does not by the supply of the Software authorise you to infringe the copyright or other rights of third parties. 6.2 As a condition to use the Software, you agree that you must not use the Software to infringe the intellectual property or other rights of others, in any way. The unauthorised reproduction, distribution, modification, public display, communication to the public or public performance of copyrighted works is an infringement of copyright. 6.3 Users are entirely responsible for their conduct and for ensuring that it complies with all applicable copyright and data- protection laws. In the event a user fails to comply with laws regarding copyrights, other intellectual property rights, data-protection and privacy, such a user may be exposed to civil and criminal liability, including possible fines and jail time. 7. Vagaa's Right to Run Advertising without Payment to Users 7.1 Vagaa reserves the right to run advertisements and promotions on Vagaa. 7.2 By accepting the terms of this Licence, you agree that we have the right to run such advertisements and promotions without compensation to you. 7.3 The timing, frequency, placement and extent of advertising by us within the pages comprising Vagaa.com or Vagaa is subject to change and shall be determined by us at our sole discretion. 7.4 Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through Vagaa.com or Vagaa, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertiser. 7.5 You agree that Vagaa is not responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers on Vagaa and/ or Vagaa.com. 7.6 You agree, so long as you have not entirely deleted Vagaa from your computer, not to take any action, including downloading other software, to disable or block the display of advertising by the Software. 8. Links to Third-Party Sites and Channels 8.1 Vagaa may provide links on Vagaa, Vagaa.com or through icons placed on your computer's desktop upon installing the Software ("Icons") to third-party websites, and/or may frame various third-party websites (or frame within such sites) through the Software or on Vagaa.com. Third-party websites, including channels, which Vagaa.com, Vagaa, or Icons may link to or frame, may have co- branding and other relationships with Vagaa that offer e-commerce and other services and features to users, but are not under the control of Vagaa. Vagaa does not have any responsibility or liability for any information, data, communications, products or materials available on such third-party sites. These linked and framed sites are only for your convenience and you therefore access them at your own risk. 9. Third Party Software 9.1 During the process of installing Vagaa, you must install software from third party software vendors pursuant to licences or other arrangements between such vendors and yourself ("Third Party Software"), including without limitation those software components noted in Section 9.4 below. Please note that the Third Party Software may be subject to different licences or other arrangements, which you should read carefully. By installing and using this Third Party Software you accept these Third Party Software licences or other arrangements and acknowledge that you have read them and understand them. Vagaa does not sell, resell, or license any of this Third Party Software, and Vagaa disclaims to the maximum extent permitted by applicable law, any responsibility for or liability related to the Third Party Software. Any questions, complaints or claims related to the Third Party Software should be directed to the appropriate vendor. 9.2 Vagaa MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND CONCERNING THE QUALITY, SAFETY OR SUITABILITY OF THE THIRD PARTY SOFTWARE, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES OF MERCHANTABILITY,FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL Vagaa BE LIABLE FOR ANY INDIRECT,PUNITIVE, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES HOWEVER THEY MAY ARISE AND EVEN IF Vagaa HAS BEEN PREVIOUSLY ADVISE OF THE POSSIBILITY OF SUCH DAMAGES. 9.3 There are inherent dangers in the use of any software available for downloading on the Internet, and Vagaa cautions you to make sure that you completely understand the potential risks before agreeing to install any of the Third Party Software. You are solely responsible for adequate protection and backup of the data and equipment used in connection with any of the Third Party Software, and Vagaa will not be liable for any damages that you may suffer in connection with using, modifying or distributing any of the Third Party Software. 9.4 Embedded Third Party Software In exchange for downloading the Software at no cost, you expressly agree that you accept the Embedded Third Party Software and that so long as you have not entirely deleted Vagaa from your computer you will not take any action, including downloading other software which modifies, is intended to modify or permits others to modify registry or other settings on your computer to, disable, remove, block, prevent the functioning of, or otherwise interfere with any of the Embedded Third Party Software. 10. Applicable Law 10.1 This Licence as well as all disputes arising out of or in connection with this Licence shall be governed by the laws of the New South Wales, Australia, without regard to or application of choice of law rules or principles. 10.2 Any dispute arising out of or in connection with this Licence, or in future agreements resulting therefrom, shall be exclusively resolved before the competent court in New South Wales, Australia. 11. Points To Consider For International Use 11.1 Recognising the global nature of the Internet, you agree to comply with all local rules regarding on-line conduct and acceptable data. Specifically, you agree to comply with all applicable laws regarding copyright and the transmission of technical data exported from the country in which you reside. 12. Indemnification 12.1 YOU AGREE TO INDEMNIFY, HOLD HARMLESS AND DEFEND Vagaa AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, AGENTS, CO-BRANDERS OR OTHER PARTNERS, AND EMPLOYEES, AT YOUR EXPENSE, AGAINST ANY AND ALL THIRD PARTY CLAIMS OR DEMANDS, ACTIONS, PROCEEDINGS AND SUITS AND ALL RELATED LIABILITIES, DAMAGES, SETTLEMENTS, PENALTIES, FINES COSTS AND EXPENSES (INCLUDING, WITHOUT LIMITATION, REASONABLE ATTORNEY'S FEES AND OTHER DISPUTE RESOLUTION EXPENSES) INCURRED BY Vagaa, DUE TO OR ARISING OUT OF DATA YOU SUBMIT,POST TO, TRANSMIT OR COMMUNICATE THROUGH THE SOFTWARE,YOUR USE OR MISUSE OF THE SOFTWARE, YOUR CONNECTION TOOTHER USERS, YOUR VIOLATION OF THIS LICENSE,OR YOUR VIOLATION OF ANY RIGHTS OF ANOTHER. 13. Disclaimers of Warranties 13.1 THE SOFTWARE IS PROVIDED "AS IS", AND ON AN "AS AVAILABLE" BASIS AND THERE ARE NO CLAIMS, REPRESENTATIONS AND WARRANTIES MADE BY Vagaa, EITHER EXPRESS, IMPLIED OR STATUTORY (TO THE EXTENT PERMITTED BY APPLICABLE LAW), WITH RESPECT TO THE SOFTWARE, INCLUDING BUT NOT LIMITED TO, WARRANTIES OF QUALITY, PERFORMANCE, TITLE, NON- INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, NOR ARE THERE ANY WARRANTIESCREATED BY COURSE OF DEALING, COURSE OF PERFORMANCE OR TRADE USAGE. 13.2 ANY DATA DOWNLOADED THROUGH THE USE OF THE SOFTWARE IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OR USE OF ANY SUCH MATERIAL. 14. Limitation of Liability 14.1 YOU UNDERSTAND AND AGREE THAT IN NO EVENT SHALL Vagaa BE LIABLE WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE WHETHER ACTIVE, PASSIVE OR IMPUTED), PRODUCT LIABILITY OR STRICT LIABILITY, EVEN IF Vagaa HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL,OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLELOSSES, RESULTING FROM: 14.1.1 THE USE OR THE INABILITY TO USE THE SOFTWARE 14.1.2 THE COST OF PROCUREMENT OF SUBSTITUTE GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE USE OF THE SOFTWARE; 14.1.3 UNAUTHORISED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; 14.1.4 STATEMENTS OR CONDUCT OF ANY THIRD PARTY USING THE SOFTWARE; OR 14.1.5 ANY OTHER MATTER RELATING TO THE USE OF THE SOFTWARE. IN NO EVENT SHALL Vagaa'S TOTAL LIABILITY TO YOU FOR ALL DAMAGES EXCEED THE AMOUNT OF FIFTY AUSTRALIAN DOLLARS ($50). 14.2 WHERE THE TRADE PRACTICES ACT 1974 (CTH) OR SIMILAR STATE AND TERRITORY LEGISLATION IMPLIES INTO THIS LICENCE ANY CONDITION OR WARRANTY, AND THOSE LAWS AVOID OR PROHIBIT CONDITIONS IN A CONTRACT EXCLUDING OR MODIFYING THEM, THEN THE TERM, CONDITION OR WARRANTY SHALL BE DEEMED TO BE INCLUDED IN THIS LICENCE, PROVIDED THAT TO THE FULL EXTENT THAT Vagaa IS ABLE TO THE LIABILITY OF Vagaa FOR A BREACH OF ANY SUCH CONDITION OR WARRANTY, INCLUDING ANY ECONOMIC OR CONSEQUENTIAL LOSS, SHALL BE LIMITED AT THE OPTION OF Vagaa TO ONE OR MORE OF THE FOLLOWING: 14.2.1 IF THE BREACH RELATED TO GOODS: (A) THE REPLACEMENTOF THE GOODS OR THE SUPPLY OF EQUIVALENT GOODS; (B) THE REPAIR OF GOODS; (C) THE PAYMENT OF THE COST OF REPLACING THE GOODS OR OBTAINING EQUIVALENT GOODS; (D) THE PAYMENT OF HAVING THE GOODS REPAIRED; OR 14.2.2 IF THE BREACH RELATES TO SERVICES: (A) THE SUPPLY OF THE SERVICE AGAIN; OR (B) THE PAYMENT OF THE COST OF HAVING THE SERVICE SUPPLIED AGAIN. 15. Termination 15.1 It is your responsibility to comply with the terms of this Licence and to obey the laws of your jurisdiction. Your rights under this Licence will terminate immediately and without prior notice if: you violate any term of this License, including violating any applicable laws or rights of any third party including the intellectual property rights of any such third party. You may be subject to legal action if you continue to use Vagaa in violation of this Licence. 16. Trademarks and Trade Dress 16.1 The Vagaa name, the Vagaa logo, and other Vagaa related properties are trademarks of Vagaa. All other trademarks appearing on Vagaa are trademarks of their respective owners. 16.2 "Vagaa" is a trade dress of Vagaa Networks. 17. Miscellaneous 17.1 This Licence constitutes the entire understanding of you and Vagaa with respect to the Software and the subject matter hereof. There are no understandings, agreements, conditions or representations, oral or written, express or implied, with reference to the subject matter hereof that are not merged herein, expressly referenced herein, or superseded hereby. 17.2 The failure or delay of Vagaa to exercise or enforce any rights or provision of the License does not constitute a waiver of such right or provision. 17.3 All provisions which must survive in order to give effect to their meaning, shall survive any expiration or termination of this License, including without limitation all of your representations, warranties and indemnification obligations. 17.4 Should any part of this License be held invalid by any court or tribunal, such invalidity shall not affect the validity of any remaining part, which will remain in full force and effect as if this License had been executed without that part having been held to be invalid. Instructions for viewing End User License Agreement for Vagaa