YOU SHOULD CAREFULLY READ THE FOLLOWING END USER LICENSE AGREEMENT BEFORE INSTALLING THIS SOFTWARE PROGRAM. BY INSTALLING, COPYING, OR OTHERWISE USING THE SOFTWARE PROGRAM, YOU AGREE TO BE BOUND BY THE TERMS OF THIS AGREEMENT.

END USER LICENSE AGREEMENT

This software program on CD-ROM or Downloaded, and any files that are delivered to you by OzBackup PTY. LTD. (via on-line transmission or otherwise) to "patch," update, or otherwise modify the software program, as well as any printed materials and any on-line or electronic documentation (the "Manual"), and any and all copies and derivative works of such software program and materials (collectively, with the "Software Client" defined below, the "Software") are the property of OzBackup PTY. LTD. All use of the Software is governed by the terms of this End User License Agreement ("License Agreement" or "Agreement"). The Software may only be used by obtaining from Licensor access to the Backup service (the "Service"), which is subject to a separate Terms of Use agreement (the "Terms of Use"). If your download of the software included a period of "free access" to the Service, the Terms of Use agreement also governs your access to the Service during the period of "free access." The software is distributed solely for use by authorized end users according to the terms of the License Agreement. Any use, reproduction or redistribution of the software not expressly authorized by the terms of the License Agreement is expressly prohibited.

1. Grant of a Limited Use License.
The download installs computer software (hereafter referred to as the "Software Client") onto your hardware to allow you to use the software through your account with the Service (your "Account"). Licensor hereby grants, and by installing the Software Client you thereby accept, a limited, non-exclusive license and right to install the Software Client for your personal use on one (1) or more computers which you own or which are under your personal control. All use of the Software Client is subject to this License Agreement and to the Terms of Use agreement, which you must accept before you can use your Account to use the software through access to the Service. Licensor reserves the right to update, modify or change the Terms of Use at any time.

2. Service and Terms of Use.
As mentioned above, you must accept the Terms of Use in order to use the Software to access the Service. The Terms of Use agreement governs all aspects of use of Service. You may view the Terms of Use by visiting the following website: http://www.ozbackup.net.au. If you do not agree with the Terms of Use, then (i) you should not register for an Account to use the Service and Software. Once you accept the Terms of Use and register an Account, the monthly, weekly or yearly price of the Service will not be refunded to you if you choose not to continue the monthly subscription to the Service.

3. Termination. This License Agreement is effective until terminated. You may terminate the License Agreement at any time by (i) destroying the Software; (ii) removing the Software Client from your hard drive; and (iii) notifying Licensor of your intention to terminate this License Agreement. Licensor may, at its discretion, terminate this License Agreement in the event that you fail to comply with the terms and conditions contained herein, or the terms and conditions contained in the Terms of Use. In such event, you must immediately destroy the Software and remove the Software Client from your hard drive. Upon termination of this Agreement for any reason, all licenses granted herein shall immediately terminate.

4. Duration of the "On-line" Component of the Software. This Software is an 'on-line' program that must be used over the Internet through the Backup Service, as provided by Licensor. You understand and agree that the Service is provided by Licensor at its discretion and may be terminated or otherwise discontinued by Licensor pursuant to the Terms of Use.

5. Limited Warranty. Licensor expressly disclaims any warranty for the Software, including the Software Client and Manual(s). THE SOFTWARE, SOFTWARE CLIENT AND MANUAL(S) ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF CONDITION, DEFECTS, USE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR USE, OR NONINFRINGEMENT. The entire risk arising out of use or performance of the Software and/or Service, Software Client and Manual(s) remains with the user.

6. Limitation of Liability. NEITHER LICENSOR NOR ITS PARENT, SUBSIDIARIES OR AFFILIATES SHALL BE LIABLE IN ANY WAY FOR LOSS OR DAMAGE OF ANY KIND RESULTING FROM THE USE OF THE SOFTWARE OR SERVICE, INCLUDING, BUT NOT LIMITED TO, LOSS OF DATA, LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR ANY AND ALL OTHER DAMAGES OR LOSSES. LICENSOR SHALL NOT BE RESPONSIBLE FOR ANY INTERRUPTIONS OF SERVICE, INCLUDING, BUT NOT LIMITED TO, ISP DISRUPTIONS, SOFTWARE OR HARDWARE FAILURES OR ANY OTHER EVENT WHICH MAY RESULT IN A LOSS OF DATA OR DISRUPTION OF SERVICE. IN NO EVENT WILL LICENSOR BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES.

7. Equitable Remedies. You hereby agree that Licensor would be irreparably damaged if the terms of this License Agreement were not specifically enforced, and therefore you agree that Licensor shall be entitled, without bond, other security, or proof of damages, to appropriate equitable remedies with respect to breaches of this License Agreement, in addition to such other remedies as Licensor may otherwise have available to it under applicable laws. In the event any litigation is brought by either party in connection with this License Agreement, the prevailing party in such litigation shall be entitled to recover from the other party all the costs, attorneys' fees and other expenses incurred by such prevailing party in the litigation.

8. Changes to the Agreement. OzBackup PTY. LTD. reserves the right, at its sole discretion, to change, modify, add to, supplement or delete any of the terms and conditions of this License Agreement when OzBackup PTY. LTD. upgrades the Software Client, effective upon prior notice as follows: OzBackup PTY. LTD. will post notification of any such changes to this License Agreement on the OzBackup website and will post the revised version of this License Agreement in this location, and may provide such other notice as OzBackup PTY. LTD. may elect in its sole discretion, which may include by email, postal mail or pop-up screen. If any future changes to this License Agreement are unacceptable to you or cause you to no longer be in compliance with this License Agreement, you may terminate this License Agreement in accordance with Section 3 herein. Your installation and use of any updated or modifications to the Software or your continued use of the Service following notice of changes to this Agreement as described above will mean you accept any and all such changes. OzBackup PTY. LTD. may change, modify, suspend, or discontinue any aspect of the Software at any time. OzBackup PTY. LTD. may also impose limits on certain features or restrict your access to parts or all of the Software or Service without notice or liability. You have no interest, monetary or otherwise, in any feature or content contained in the Software.

9. Miscellaneous. This License Agreement shall be deemed to have been made and executed in the State of Victoria without regard to conflicts of law provisions, and any dispute arising hereunder shall be resolved in accordance with the law of Victoria. You agree that any claim asserted in any legal proceeding by one of the parties against the other shall be commenced and maintained in any state or federal court located in the State of Victoria, having subject matter jurisdiction with respect to the dispute between the parties. In the event that any provision of this License Agreement shall be held by a court or other tribunal of competent jurisdiction to be unenforceable, such provision will be enforced to the maximum extent permissible, and the remaining portions of this License Agreement shall remain in full force and effect. This License Agreement constitutes and contains the entire agreement between the parties with respect to the subject matter hereof and supersedes any prior oral or written agreements, provided, however, that this Agreement shall coexist with, and shall not supersede, the Terms of Use. To the extent that the provisions of this Agreement conflict with the provisions of the Terms of Use, the conflicting provisions in the Terms of Use shall govern.

I hereby acknowledge that I have read and understand the foregoing License Agreement and agree that the action of installing the Software Client is an acknowledgment of my agreement to be bound by the terms and conditions of the License Agreement contained herein.

© 2004 OzBackup PTY. LTD. All rights reserved.



TERMS OF USE:

THIS IS A LEGAL AGREEMENT BETWEEN YOU AND Ozbackup PTY. LTD., BY Downloading Software, YOU ACCEPT ALL TERMS AND CONDITIONS OF THIS AGREEMENT. IF YOU DO NOT WISH TO ACCEPT THIS AGREEMENT, YOU SHOULD NOT DOWNLOAD THE SOFTWARE. IN THE EVENT THAT YOU ESTABLISHED AN ACCOUNT MORE THAN THIRTY (30) DAYS AGO AND DO NOT WISH TO ACCEPT THIS AGREEMENT, PLEASE REFER TO SECTION 10.

1. Establishment of a OzBackup Account.

A. You may establish one (1) user account (the "Account") with which to use the Backup Service by accessing the Service pursuant to the terms, conditions and restrictions contained in this Agreement. In order to establish an Account, you must be a 'Natural Person,' who is the age of majority in the country where you are a citizen. You may not share the Account with anyone, except that if you are a parent or guardian, you may permit one (1) minor child to use the Account when not in use by you. You are liable for all uses of the Account. Notwithstanding anything to the contrary herein, you acknowledge and agree that you shall have no ownership or other property interest in the Account, and you further acknowledge and agree that all rights in and to the Account are and shall forever be owned by Ozbackup PTY. LTD.

B. To register an Account to use the Backup Service, you will be required to provide Ozbackup PTY. LTD. with: (i) your name, address and phone number; (ii) Your Email address; (iii) accurate, complete, and updated billing information for payment of the Service subscription fee. Failure to comply with the foregoing or to update the foregoing if your contact information or billing information changes shall constitute a breach of this Agreement, which may result in the immediate termination and deletion of the Account. As such, it is imperative that you provide Ozbackup PTY. LTD. with accurate, up to date information. In the event that Ozbackup PTY. LTD. learns that you have provided false or misleading registration information, Ozbackup PTY. LTD. reserves the right to immediately terminate and disable or delete the Account.

C. You hereby agree to pay all charges incurred by the Account, including applicable taxes, in accordance with billing terms for access to the Service that are in effect at the time that the fee or charge becomes payable. Your right to access to the Service is subject to any limits established by Ozbackup PTY. LTD. or by your credit card issuer, billing service, or other payment methods authorized by Ozbackup PTY. LTD.. Ozbackup PTY. LTD. may, in its sole and absolute discretion, suspend or terminate your access to the Service and disable or delete the Account, if: (i) payment cannot be charged to your credit card; (ii) your charge is returned to Ozbackup PTY. LTD. for any reason; (iii) or you are paying by cash or direct debit and you fail to pay the monthly subscription fee for the upcoming month. If you have a balance due on the Account, you agree that Ozbackup PTY. LTD. can charge these unpaid fees to your credit card or debit them from your debit card, as applicable. You agree to reimburse Ozbackup PTY. LTD. for all costs and expenses incurred by Ozbackup PTY. LTD. in collecting payment due hereunder, including without limitation all bank or service charges, and any reasonable attorneys' fees.

D. During the registration process, you will be required to select a user name and a password that are specific to the Account (collectively referred to hereunder as "Password"). Your Password is to be kept confidential at all times and you are solely responsible for the security of your Password. You may not disclose your Password to anyone, or allow your Password to be used by anyone other than yourself and/or your one (1) minor child. Ozbackup PTY. LTD. is not responsible for any harm that may result to the Account (including without limitation the deletion or modification of data in the Account) as a result of a lost or shared password.

E. Ozbackup PTY. LTD. does not recognize the transfer of Accounts, and any authorized transfer of the backup software will result in the permanent deletion of the Account attached to that software. You may not offer any Account for sale or trade, and any such offer is a violation of this Agreement and may result in suspension or termination of the Account.

F. There are no refunds where the Account is terminated prior to the end of a subscription period; the Service will be available for your use until such time that the then-current subscription period expires.

2. Limitations on Your Use of the Service and/or Software.

Your license to use the Service and/or Software is limited by this Terms of Use and the OzBackup PTY.LTD. End User License Agreement which you were required to accept when you installed the Backup Software. Limitations on your right to use the Service and/or Software may include, but not necessarily be limited to, the following:

A. Ozbackup PTY. LTD. expressly reserves the exclusive right to create derivative works based on the Service and/or Software. This means that you may not create derivative works based on the Service and/or Software, without the prior express, written permission of Ozbackup PTY. LTD..

D. You may not institute, assist, or become involved in an attack upon any OzBackup server or otherwise attempt to disrupt the OzBackup servers. You may not institute any such attack which results in the disruption of any other user's Service. ANY ATTEMPT BY YOU OR ANY OTHER USER ON AN ACCOUNT TRACEABLE TO YOU TO DAMAGE OZBACKUP OR UNDERMINE THE LEGITIMATE OPERATION OF OZBACKUP IS A VIOLATION OF CRIMINAL AND CIVIL LAWS AND, SHOULD SUCH AN ATTEMPT BE MADE OR ASSISTANCE FOR SUCH AN ATTACK BE PROVIDED, Ozbackup PTY. LTD. RESERVES THE RIGHT TO SEEK DAMAGES FROM ANY SUCH USER TO THE FULLEST EXTENT PERMITTED BY LAW. You may not, whether intentionally or unintentionally, violate any applicable local, state, national or international law or regulation in connection with your use of the software or the Service.

3. Account/Password Security.

You are responsible for maintaining the confidentiality of your Password, and you will be responsible for all uses of your Password, whether or not authorized by you. Also, note that the security of the Account is your responsibility. Ozbackup PTY. LTD. is not responsible in the event that the Account is "hacked," or if the Account or your computer is damaged by a virus, or for any other issues with your computer or the Account. If you think that the Account has been compromised, please contact Ozbackup PTY. LTD. Technical Support, by calling Ozbackup PTY. LTD.'s Technical Support phone number, and Ozbackup PTY. LTD. will help you reset your Password, assist with billing issues, and offer basic suggestions for improving the Account security. If you report the Account stolen, hacked, or in any other way compromised, Ozbackup PTY. LTD. will suspend the Account while the matter is investigated. Following this investigation, Ozbackup PTY. LTD. will determine the appropriate course of action in its sole and absolute discretion.

4. Consequences of Violating the Ozbackup PTY. LTD. Code of Conduct.

Ozbackup PTY. LTD. may, in its sole and absolute discretion, take whatever action it deems necessary to preserve the integrity of OzBackup PTY. LTD.. Violation of any of the terms and conditions set forth above may result in actions being taken by Ozbackup PTY. LTD., effective immediately or at a time determined by Ozbackup PTY. LTD., which may include without limitation: (i) temporarily suspending your access to the Backup Service, or (ii) permanently terminating your access to the Backup Service. Without limiting the foregoing, Ozbackup PTY. LTD. retains the right to decline service to any user who violates the Backup Service Terms of Use or the End User License Agreement.

5. Online Duration.

Ozbackup PTY. LTD. agrees to provide the servers and software necessary to access the Service until such time as the Backup Service is "Out of Publication." OzBackup PTY. LTD. shall be considered "Out of Publication" following the date that the backup Softwareis no longer distributed by Ozbackup PTY. LTD., or its affiliates. Thereafter, Ozbackup PTY. LTD. may, in its sole and absolute discretion, continue to provide the Service or license to third parties the right to provide the Service. However, nothing contained herein shall be construed so as to place an obligation upon Ozbackup PTY. LTD. to provide the Service beyond the time that the Backup Service is Out of Publication. Neither the Service nor Ozbackup PTY. LTD.'s agreement to provide access to the Service shall be considered a rental or lease of time on or capacity of Ozbackup PTY. LTD.'s servers or other technology.

6. Our Administration of the Backup Service; Changes to the Terms of This Terms of Use Agreement.

Ozbackup PTY. LTD. reserves the right, at its sole and absolute discretion, to change, modify, add to, supplement or delete any of the terms and conditions of this Agreement at any time, including, without limitation, access policies, the availability of any Service feature, hours of availability, content, data, software or equipment needed to access the Backup Service, the amount of, or basis for determining, any fees or charges for the Backup Service, and institution of new fees or charges for the Backup Service, effective upon prior notice as follows: Ozbackup PTY. LTD. will post notification of any such changes to the OzBackup Website and will post any revised Terms of Use in this location, and may provide such other notice as Ozbackup PTY. LTD. may elect in its sole and absolute discretion, which may include by email, postal mail, pop-up screen. If any future changes to this Agreement are unacceptable to you or cause you to no longer be in compliance with this Agreement, you may cease to use your account and terminate the Account. The continued use of the Backup Service by you following notice of changes to this Agreement will mean you accept any and all such changes. Ozbackup PTY. LTD. may change, modify, suspend, or discontinue any aspect of the Backup Service at any time. Ozbackup PTY. LTD. may also impose limits on certain features or restrict your access to parts or all of the Backup Service without notice or liability. You have no interest, monetary or otherwise, in any feature, content or availability of the Backup Service, any computer Data or in any terms or conditions of access to or use of the Backup Service.

7. Termination.

This Agreement is effective until terminated. Either party may terminate this Agreement immediately by delivering to the other party written notice of such termination or by terminating the Account. In the event that you terminate or breach this Agreement, you will forfeit your right to any and all payments you may have made for pre-purchased access to the Backup Service. You agree and acknowledge that you are not entitled to any refund for any amounts which were pre-paid on behalf of the Account prior to any termination of this Agreement. Ozbackup PTY. LTD. reserves the right to terminate this Agreement without notice, if, in Ozbackup PTY. LTD.'s sole and absolute discretion, you fail to comply with any terms contained in these Terms of Use or the OzBackup EULA.

8. Acknowledgments.
You hereby acknowledge that:

A. You assume the cost of all telephone and Internet access charges along with all necessary equipment, servicing, repair or correction incurred in maintaining connectivity to OzBackup's servers.

B. Ozbackup PTY. LTD. has the right to obtain certain identification information about your computer and its operating system, including the identification numbers of your hard drives, central processing unit, IP addresses and operating systems, for identification purposes without any further notice to you.

C. Ozbackup PTY. LTD. has the right to obtain "non-personal" data from your connection to Ozbackup in order to make certain demographic assumptions regarding the users of the Backup Service without any further notice to you.

D. In order to assist Ozbackup PTY. LTD. to police users who may use "hacks," or "cheats" to gain an advantage over other users, you acknowledge that Ozbackup PTY. LTD. shall have the right to obtain certain information from your computer and its component parts, including your computer's random access memory, video card, central processing unit, and storage devices. This information will only be used for the purpose of identifying "cheaters," and for no other reason.

E. the Backup Service IS PROVIDED "AS IS" AND Ozbackup PTY. LTD. DOES NOT WARRANT THAT the Backup Service WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SOFTWARE OR THE SERVICE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, AND Ozbackup PTY. LTD. EXPRESSLY DISCLAIMS ALL EXPRESS OR IMPLIED WARRANTIES WITH RESPECT TO the Backup Service, INCLUDING WITHOUT LIMITATION ANY WARRANTIES OF ITS CONDITION, DEFECTS, USE, MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE OR USE, AND NON-INFRINGEMENT.

G. NEITHER Ozbackup PTY. LTD. NOR ITS PARENT, SUBSIDIARIES, LICENSORS OR AFFILIATES SHALL BE LIABLE IN ANY WAY FOR LOSS OR DAMAGE OF ANY KIND RESULTING FROM THE USE OF OR INABILITY TO USE the Backup Service INCLUDING WITHOUT LIMITATION LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR ANY AND ALL OTHER DAMAGES OR LOSSES. IN NO EVENT WILL Ozbackup PTY. LTD. BE LIABLE TO YOU OR ANYONE ELSE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES.

H. You may not be able to access the Backup Service whenever you want, and there may be extended periods of time where you cannot access the Backup Service.

I. Ozbackup PTY. LTD. shall not be held liable for any delay or failure to perform under any circumstances, including without limitation those resulting from causes outside the reasonable control of Ozbackup PTY. LTD.; including without limitation any failure to perform hereunder due to unforeseen circumstances or cause beyond Ozbackup PTY. LTD.'s control such as acts of God, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, strikes, or shortages of transportation facilities, fuel, energy, labor or materials.

J. While keeping User Data safe is a priority of Ozbackup PTY. LTD., note that Ozbackup PTY. LTD. shall not have any liability for the loss of any User Data for any reason whatsoever.

K. Ozbackup PTY. LTD. reserves the right, in its sole and absolute discretion, to modify or delete any information, including without limitation User Data and any other information accumulated, stored or uploaded to Ozbackup;

L. You are entirely liable for all activities conducted through the Account, and are responsible for ensuring that any other person who uses your the Backup Service account is aware of the terms of and complies with this Agreement. In the event that you become aware of or reasonably suspect any breach of security, including without limitation any loss, theft, or unauthorized disclosure of your Password, you will immediately notify Ozbackup PTY. LTD. by calling Ozbackup PTY. LTD.'s Technical Support number or by e-mailing to report the actual or suspected breach of security.

9. Equitable Remedies.

In the event that you breach this Agreement, you hereby agree that Ozbackup PTY. LTD. would be irreparably damaged if this Agreement were not specifically enforced, and therefore you agree that Ozbackup PTY. LTD. shall be entitled, without bond, other security, or proof of damages, to appropriate equitable remedies with respect to breaches of this Agreement, in addition to such other remedies as Ozbackup PTY. LTD. may otherwise have available to it under applicable laws. In the event any litigation is brought by either party in connection with this Agreement, the prevailing party in such litigation shall be entitled to recover from the other party all the costs, attorneys' fees and other expenses incurred by such prevailing party in the litigation.

10. Choice of Laws.

This Agreement shall be governed by and construed in accordance with the laws of the State of Victoria, without giving effect to any principles of conflicts of law. Other laws may apply if you access the Service from USA, Canada, or New Zealand, but shall affect this Agreement only to the extent required by such jurisdiction. In such a case, this Agreement shall be interpreted to give maximum effect to the terms and conditions hereof. If you access the Service from New Zealand, The New Zealand Consumer Guarantees Act 1993 ("Act") may apply to the backup software and/or the Service as supplied by Ozbackup PTY. LTD. to you. If the Act applies, then notwithstanding any other provision in these Terms of Use, you may have rights or remedies as set out in the Act which may apply in addition to, or, to the extent that they are inconsistent, instead of, the rights or remedies set out in these Terms of Use. Those who choose to access the Service from locations outside of the United States, Canada, Australia, or New Zealand do so on their own initiative and are responsible for compliance with local laws if and to the extent local laws are applicable.

I hereby acknowledge that I have read and understand the foregoing Terms of Use Agreement and agree that my use of the backup service is an acknowledgment of my agreement to be bound by the terms and conditions of this Terms of Use Agreement.

(c) 2003 Ozbackup PTY. LTD., All rights reserved.