StarTools End User License Agreement (EULA) SOFTWARE PRODUCT LICENCE AGREEMENT StarTools Copyright (C) 2010, 2011, 2012 SiliconFields All Rights Reserved IMPORTANT-READ CAREFULLY: This End User License Agreement ("EULA") is a legal agreement between YOU as Licensee and SILICONFIELDS for the SOFTWARE PRODUCT identified above. By installing, copying, or otherwise using the SOFTWARE PRODUCT, YOU agree to be bound by the terms of this EULA. If YOU do not agree to the terms of this EULA, promptly destroy the unused SOFTWARE PRODUCT. The copyright in the SOFTWARE PRODUCT and its documentation is owned by SiliconFields A.B.N. 42 373 023 390. Subject to the terms of this EULA, YOU are granted a non-exclusive right for the duration of the EULA to use the SOFTWARE PRODUCT. YOU do not acquire ownership of copyright or other intellectual property rights in any part of the SOFTWARE PRODUCT by virtue of this EULA. Your use of this software indicates your acceptance of this EULA and warranty. DEFINITIONS In this End User License Agreement, unless the contrary intention appears, "EULA" means this End User License Agreement "SILICONFIELDS" means SiliconFields A.B.N. 42 373 023 390 "Licensee" means YOU, or the organization (if any) on whose behalf YOU are taking the EULA. "StarTools" means the edition of the SOFTWARE PRODUCT which is available for download from the web site: (http://www.startools.org). "SOFTWARE PRODUCT" or "SOFTWARE" means StarTools, which includes computer software and associated media and printed materials, and may include online or electronic documentation. "Support Services" means email and forum based support provided by SILICONFIELDS, including advice on usage of StarTools, investigation of bugs, fixes, repairs of modules if and when appropriate and general product support. GRANT OF LICENCE In accordance with the terms of this EULA YOU are granted the following rights: a) as long as YOU are a single private user and not an organisation, club, institution, school, etc., to install and use one or more copies of the SOFTWARE PRODUCT on multiple computers and operating systems, as long as YOU own these computers. If YOU are not a single private user, or you wish to increase the number of users entitled to concurrently access the SOFTWARE PRODUCT, YOU must notify SILICONFIELDS and agree to pay an additional fee. b) to store or install a copy of the SOFTWARE PRODUCT on a storage device, such as a network server, used only to install or run the SOFTWARE PRODUCT over an internal network. c) to make copies of the SOFTWARE PRODUCT for backup and archival purposes. EVALUATION LICENCE. The Trial version of StarTools is not free software. Subject to the terms of this agreement, YOU are hereby licensed to use this software for evaluation purposes without charge for as long as you see fit. ADDITIONAL RIGHTS AND LIMITATIONS. YOU hereby undertake not to sell, rent, lease, translate, adapt, vary, modify, decompile, disassemble, reverse engineer, create derivative works of, modify, sub-license, loan or distribute the SOFTWARE PRODUCT other than as expressly authorized by this EULA. YOU further undertake not to reproduce or distribute license key-codes except under the express and written permission of SILICONFIELDS. TERMINATION Without prejudice to any other rights, SILICONFIELDS may terminate this EULA if YOU fail to comply with the terms and conditions. Upon termination YOU or YOUR representative shall destroy all copies of the SOFTWARE PRODUCT and all of its component parts or otherwise return or dispose of such material in the manner directed by SILICONFIELDS. WARRANTIES AND LIABILITY. WARRANTIES SILICONFIELDS warrants that Any Support Services provided by SILICONFIELDS shall be substantially as described in applicable written materials provided to YOU by SILICONFIELDS. EXCLUSIONS To the maximum extent permitted by law, SILICONFIELDS excludes, for itself and for any supplier of software incorporated in the SOFTWARE PRODUCT, all liability for all claims, expenses, losses, damages and costs made against or incurred or suffered by YOU directly or indirectly (including without limitation lost costs, profits and data) arising out of: YOUR use or misuse of the SOFTWARE PRODUCT; YOUR inability to use or obtain access to the SOFTWARE PRODUCT; Negligence of SILICONFIELDS or its employees, contractors or agents, or of any supplier of software incorporated in the SOFTWARE PRODUCT, in connection with the performance of SILICONFIELDS'S obligations under this EULA; or Termination of this EULA by either party for any reason. LIMITATION The SOFTWARE PRODUCT and any documentation are provided "AS IS" and all warranties whether express, implied, statutory or otherwise, relating in any way to the subject matter of this EULA or to this EULA generally, including without limitation, warranties as to: quality, fitness; merchantability; correctness; accuracy; reliability; correspondence with any description or sample, meeting your or any other requirements; uninterrupted use; compliance with any relevant legislation and being error or virus free are excluded. Where any legislation implies in this EULA any term, and that legislation avoids or prohibits provisions in a contract excluding or modifying such a term, such term shall be deemed to be included in this EULA. However, the liability of SILICONFIELDS for any breach of such term shall if permitted by legislation be limited, at SILICONFIELDS'S option to any one or more of the following upon return of the SOFTWARE PRODUCT and a copy of the receipt: If the breach relates to the SOFTWARE PRODUCT: the replacement of the SOFTWARE PRODUCT or the supply of an equivalent SOFTWARE PRODUCT; the repair of such SOFTWARE PRODUCT; or the payment of the cost of replacing the SOFTWARE PRODUCT or of acquiring an equivalent SOFTWARE PRODUCT; or the payment of the cost of having the SOFTWARE PRODUCT repaired; If the breach relates to services in relation to the SOFTWARE PRODUCT: the supplying of the services again; or the payment of the cost of having the services supplied again. TRADEMARKS. All names of products and companies used in this EULA, the SOFTWARE PRODUCT, or the enclosed documentation may be trademarks of their corresponding owners. Their use in this EULA is intended to be in compliance with the respective guidelines and licenses. Windows, Windows 98, Windows NT, Windows ME, Windows XP and Windows 2000 are trademarks of Microsoft. GOVERNING LAW This agreement shall be construed in accordance with the laws of the Commonwealth of AUSTRALIA.