CAPTURE-CAM END-USER Licence Agreement and Terms and Conditions of Activation and Use. IMPORTANT : PLEASE READ THIS AGREEMENT CAREFULLY: This END-USER License Agreement and Terms and Conditions of Activation and Use ("EULA") is a legal agreement between you the individual (either an individual or a single entity) and CAPTURE-CAM IP Pty Ltd A.C.N. 116 724 139 ("CAPTURE-CAM ") outlining the conditions for the use of the CAPTURE-CAM software product accompanying this EULA. The product includes computer software and may include associated media, printed materials, and any online or electronic documentation hereinafter referred to as the ("Software Product"). Do not install or use the Software Product until you have read and accepted all of the terms and conditions of this EULA. Permission to use the Software Product is conditional upon you agreeing to the terms and conditions of this EULA. Installation, copying or other use of the Software Product by you will be deemed to be acceptance of the terms and conditions of this EULA. Acceptance will bind you to this EULA in a legally enforceable contract with CAPTURE-CAM. You agree and warrant that you enter into this EULA as the intended user ("END-USER") of the Software Product or as an authorised representative or agent of the intended END-USER of the Software Product. In this EULA, references to "you" and "your" are references to the intended END-USER of the Software Product. Software Product LICENCE Subject to the terms and conditions contained in this EULA, the END-USER is granted the following rights: 1. General Licence: a. General Licence Grant: CAPTURE-CAM grants to you a personal, nonexclusive, nontransferable, limited licence to install and use a reasonable number of copies of the Software Product on one computer residing on your premises for the purposes of video surveillance, provided that you are the only individual using the Software Product. This is subject only to the provisions regarding the Registration/Activation herein; b. The option to be granted a license by CAPTURE-CAM to use the Software Product is conditional upon the Software Product being Registered/Activated in accordance with the Registration/ Activation requirements contained in this EULA; c. Solely with respect to those portions of the Software Product identified as Source Code ("Source Code"), CAPTURE-CAM does not grant you the right to use or modify the Source Code version of the Software Product for any purpose. 2. Other rights and limitations: a. The Software Product is licensed as a single product. It's component parts may not be separated for use by more than one user. The Software Product is protected by copyright and other intellectual property laws and treaties. CAPTURE-CAM or its suppliers own the title, copyright and other intellectual property rights in the Software Product; b. The Software Product is licensed not sold; c. All title and copyright in and to the Software Product (including but not limited to any images, photographs, animations, video, audio, music, text, and "applets" incorporated into the Software Product), the accompanying printed materials, and any copies of the SOFTWARE RODUCT are the property of CAPTURE-CAM; d. CAPTURE-CAM reserves all rights not expressly granted to you in this EULA. 3. Limitations on Reverse Engineering, Decompilation, and Disassembly: a. You may not reverse engineer, decompile, or disassemble the Software Product, except and only to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation. 4. Registration/Activation: a. Following installation of the Software Product you must Register/Activate the Software Product via the Internet using the CAPTURE-CAM Website according to directions provided by CAPTURE-CAM. You may choose not to Register/Activate the Software Product for a maximum of 14 days or 14 Software Product start-ups, (whichever occurs first) in accordance with the Software Product installation procedure, however, should you fail to Register/Activate the Software Product in accordance with these conditions the Software Product will be rendered unusable; b. In order to continue to use the Software Product you will need to contact CAPTURE-CAM for a manual Registration/Activation (a Registration/Activation Administration fee may apply); c. Registration/Activation is required in order to abide by the terms of this EULA. Failure to do so may result in this EULA being terminated at the total discretion of CAPTURE-CAM; d. Any purchase price paid by you for the Software Product only secures an option to the rights conferred by this EULA and is conditional upon compliance with the requirements for Registration/Activation. This option shall expire should you not Register/Activate the Software Product within the required time frames. Subject only to any legal requirement to provide refunds imposed by local laws, after the expiration of the option, you agree to surrender any claims for a refund on the basis of expiration of the option. Such expiration may be extended at the absolute discretion of CAPTURE-CAM should you pay any required Registration/Activation Administration fee. 5. Rental: a. You may not sell, rent, lend or lease the Software Product or provide commercial hosting services with the Software Product. 6. Support Services: a. No technical support will be provided for the Software Product other than that provided for within the terms of this EULA; b. Support shall include at the absolute discretion of CAPTURE-CAM: i. Support via email to CAPTURE-CAM; ii. Support via telephone to CAPTURE-CAM; iii. CAPTURE-CAM may refuse support for any reason at its absolute discretion. In accepting the terms of this EULA you agree to pay the Support Charges detailed in the Support Price list and updated from time to time by CAPTURE-CAM on the CAPTURE-CAM Website. All charges shall be paid in advance of support. Support inquiries that result from proven errors as defined by CAPTURE-CAM in the Software Product will be the subject of a full or partial refund of all paid Support Charges. Support inquiries that are not proved to be the result of errors in the Software Product shall not be the subject of a refund. Decisions regarding the refund of Support Charges shall be at CAPTURE-CAM sole and absolute discretion and shall be final. c. Support is subject to the availability in your particular region / country. Support may be subject to fees and charges. Hours of support differ from region to region. Support is non-transferable. For further details regarding support availability, fees and charges for support and hours of operation in your region please refer to the CAPTURE-CAM Website at: www.capture-cam.com; d. Support applies to the CAPTURE-CAM software application only and not to hardware, software or drivers from other manufacturers; e. A support incident is defined as the resolution of 1 (one) technical question, problem or issue regardless of the number of telephone/email transactions required. One incident may require several telephone calls/emails for it to be resolved. Whereas several incidents maybe resolved with one telephone call; f. All incidents submitted via email will be answered via email and are completed on a low priority incident basis; g. The user, upon contacting CAPTURE-CAM is to have ready their customer ID number which will be issued when they Activate/Register their software on the CAPTURE-CAM Website. It is recommended that the customer ID number be written down and kept in a safe place; h. The End-User ("user") as defined in this End-User Licence Agreement ("EULA") may purchase 12 months support in advance with payment accepted by Credit Card only, subject to the following terms and conditions: i. A limit of 15 calls over the 12-month period, such period commencing from the date of the first call made by the user. ii. Support applies to the CAPTURE-CAM software application only and not to hardware, software or drivers from other manufacturers. 7. No Other Uses: a. You may not use the Software Product in any way other than as expressly permitted under this EULA; b. You may not use CAPTURE-CAM name, logo, or trademarks to market the Software Product without written approval of CAPTURE-CAM; c. The user must indemnify, hold harmless, and defend CAPTURE-CAM from and against any claims or lawsuits, including attorney's fees that arise or result from the unauthorised use or distribution of the Software Product; 8. Software Transfer: a. You may not assign or otherwise transfer the Software Product or any of your rights hereunder to any third party. 9. Limitation of Liability: a. This product is a surveillance product only. It is not expressly stated or implied that this product shall protect or secure any property, possession or person, animal or public good. In any case, liability shall be limited to a maximum of CAPTURE-CAM selling price for the Software Product; b. CAPTURE-CAM shall not be liable for any representations made by its employees, representatives or third party partners regarding the performance of the product and / or the release of private information of the END-USER including, yet not limited to records, data, images due to breach of security of the Software Product; c. CAPTURE-CAM relies solely on your investigations of the product itself as to whether it shall be suitable for the purposes for which you intend to use the Software Product; d. CAPTURE-CAM advises that the END-USER should take any necessary further precautions to secure the Software Product in accordance with the needs for which it is being utilised. In any case, any claim may not exceed the CAPTURE-CAM selling price for the Software Product; e. CAPTURE-CAM has used its best endeavours to ensure that the Software Product shall be suitable for its general intended purposes, being surveillance. In recognition of these best endeavours, you agree that CAPTURE-CAM shall not be responsible for any defects or occurrences that may arise from or during the use of the Software Product with any other products, goods, or services. 10. End User Information: a. CAPTURE-CAM shall use any information, which the end user shall be requested to make available to CAPTURE-CAM for its own purposes, subject to all relevant privacy laws. CAPTURE-CAM shall use its best endeavours to protect such information collected yet shall not be held liable for access gained to such information by unauthorised parties; b. You agree that CAPTURE-CAM and its affiliates may collect and use technical information gathered as part of the Product support services provided to you, if any, related to the Software Product. CAPTURE-CAM may use this information solely to improve our products or to provide customized services or technologies to you and will not disclose this information in a form that personally identifies you. 11. Termination: a. Without prejudice to other rights that it may have, CAPTURE-CAM may terminate this EULA should you fail to comply with the terms and conditions of this EULA; b. In the event of such termination and upon notice to you of termination, you shall be required to destroy all copies of the Software Product. 12. Updates and Upgrades: a. An Update is where CAPTURE-CAM decides an improvement in the software shall be distributed free of charge ("Update"); b. An Upgrade is where CAPTURE-CAM shall offer an improvement in the software, which shall be made available to the user for an additional cost ("Upgrade"). 13. Disclaimer of Warranties: a. To the maximum extent permitted by applicable law, CAPTURE-CAM and its suppliers provide the Software Product and support services (if any) as is and with all faults, and hereby disclaim all other warranties and conditions, whether express, implied or statutory, including but no limited to, any (if any) implied warranties, duties or conditions of merchantability, of fitness for a particular purpose, of reliability or availability, of accuracy or completeness of responses, of results, of workmanlike effort, of lack of viruses, and of lack of negligence, all with regard to the software and the provision of or failure to provide support or other services, information, software, and related content through the software or otherwise arising out of the use of the Software Product. There is no warranty or condition of title, quiet enjoyment, quiet possession, correspondence to description or non-infringement with regard to the software; b. To the maximum extent permitted by applicable law, in no event shall CAPTURE-CAM or its suppliers be liable for any special, incidental, punitive, indirect, or consequential damages whatsoever (including, but not limited to, damages for loss of profits, loss of data, or confidential or other information, for business interruption, for personal injury, for loss of privacy, for failure to meet any duty including of good faith or of reasonable care, for negligence, and for any other pecuniary or other loss whatsoever) arising out of or in any way related to the use of or inability to use the software, the provision of or failure to provide support or other services, information, software, and related content through the software or otherwise arising out of the use of the Software Product, or otherwise under or in connection with any provision of this EULA, even in the event of the fault, tort (including negligence), misrepresentation, strict liability, breach of contract or breach of warranty of CAPTURE-CAM or any supplier and even if CAPTURE-CAM or any supplier has been advised of the possibility of such damages; c. Notwithstanding any damages that you might incur for any reason whatsoever (including, without limitation, all damages referenced herein and all direct or general damages in contract or anything else), the entire liability of CAPTURE-CAM and any of its suppliers under any provision of this EULA and your exclusive remedy hereunder shall be limited to the greater of the actual damages you incur in reasonable reliance on the software up to the amount actually paid by you for the Software Product or $10.00. The foregoing limitations, exclusions and disclaimers shall apply to the maximum extent permitted by applicable law, even if any remedy fails its essential purpose. 14. Governing Law a. This agreement is governed by the laws of the State of Victoria; b. Each of the parties irrevocably submits to the jurisdiction of the courts of Victoria; 15. This EULA is the entire agreement between you and CAPTURE-CAM relating to the Software Product and the support services (if any) and they supersede all prior or contemporaneous oral or written communications, proposals and representations with respect to the Software Product or any other subject matter covered by this EULA. To the extent the terms of any CAPTURE-Cam policies or programs for support services conflict with the terms of this EULA, the terms of this EULA shall control. If any provision of this EULA is held to eb void, invalid, illegal or unenforceable, the other provisions shall continue in full force and effect. Now that you have read the terms and conditions of this EULA you may only continue to use the Software Product upon acceptance and in accordance with these terms and conditions. If you do not accept these terms and conditions and agree to be bound by them, please return the product to the place of purchase or contact CAPTURE-CAM for a refund.