Spot a fault 1.0.0.0

EULA - End User License Agreement

BY DOWNLOADING AND/OR USING A SPOT A FAULT PRODUCT ("PRODUCT"), THE INDIVIDUAL
OR ENTITY LICENSING THE PRODUCT ("LICENSEE") IS CONSENTING TO BE BOUND BY AND IS
BECOMING A PARTY TO THIS LEGAL AGREEMENT. IF LICENSEE DOES NOT AGREE TO ALL OF THE
TERMS OF THIS AGREEMENT, THE LICENSEE MUST NOT INSTALL OR USE THE PRODUCT DEVELOPED
BY SPOT A FAULT.

LICENSE AGREEMENT - In this Agreement "Licensor" shall mean Spot a fault
except under the following circumstances: (i) if Licensee acquired the Product as
a bundled component of a third party product or service, then such third party shall
be Licensor; and (ii) if any third party software is included as part of the default
installation and no License is presented for acceptance the first time that third
party software is invoked, then the use of that third party software shall be governed
by this Agreement, but the term "Licensor," with respect to such third party software,
shall mean the manufacturer of that software and not Spot a fault. With the exception
of the situation described in (ii) above, the use of any included third party software
product shall be governed by the third party's License agreement and not by this
Agreement, whether that License agreement is presented for acceptance the first
time that the third party software is invoked, is included in a file in electronic
form, or is included in the package in printed form. If more than one License agreement
was provided for the Product, and the terms vary, the order of precedence of those
License agreements is as follows: a signed agreement, a License agreement available
for review on the Spot a fault website, a printed or electronic agreement that states
clearly that it supersedes other agreements, a printed agreement provided with the
Product, an electronic agreement provided with the Product.

LICENSE GRANT - The licensor grants Licensee a non-exclusive, non-transferable
single URL License to use the Product for personal or business purposes. The product must contain
all of the original proprietary notices. This License does not entitle Licensee
to receive from Spot a fault any hard-copy documentation, technical support, telephone
assistance, or enhancements or updates to the Product unless a specific Product
has been purchased by the Licensee that clearly states otherwise.

RESTRICTIONS - Except as otherwise expressly permitted in this Agreement,
or in another Licensor agreement to which Licensee is a party such as a distribution
agreement, Licensee may not: (i) decompile, disassemble, reverse engineer, or otherwise
attempt to derive the source code for the Product (except to the extent applicable
laws specifically prohibit such restriction or source code is already available);
(ii) redistribute, encumber, sell, rent, lease, sublicense, or otherwise transfer
rights to the Product or Product source code; or (iii) publish any results of benchmark
tests run on the Product to a third party without Licensor's prior written consent.

PAYMENT - The Licensee must pay an agreed fee. You will not receive your products or services until the payment has been received successfully. All prices are in Australian dollars (A$) and include 10% GST for all payments made by Australian residents.

REFUNDS - Spot a fault is non-tangible irrevocable digital goods. We do not issue refunds after purchase of the products. By purchasing Spot a fault, you are responsible for understanding these terms.

TERMINATION - Without prejudice to any other rights, Licensor may terminate
this Agreement if Licensee breaches any of its terms and conditions. Upon termination,
Licensee shall destroy all copies of the Product.

PROPRIETARY RIGHTS - Title, ownership rights, and intellectual property rights
in the Product shall remain with Spot a fault. Licensee acknowledges such ownership
and intellectual property rights and will not take any action to jeopardize, limit
or interfere in any manner with Spot a fault ownership of or rights with respect
to the Product. The Product is protected by copyright and other intellectual property
laws and by international treaties. Title and related rights in the content accessed
through the Product is the property of the applicable content owner and is protected
by applicable law. The License granted under this Agreement gives Licensee no rights
to such content.DISCLAIMER OF WARRANTY - THE ENTIRE RISK AS TO THE QUALITY
AND PERFORMANCE OF THE PRODUCT IS BORNE BY LICENSEE. SHOULD THE PRODUCT PROVE DEFECTIVE
IN ANY RESPECT, LICENSEE AND NOT LICENSOR OR ITS SUPPLIERS OR RESELLERS ASSUMES
THE ENTIRE COST OF ANY SERVICE AND REPAIR. THIS DISCLAIMER OF WARRANTY CONSTITUTES
AN ESSENTIAL PART OF THIS AGREEMENT. NO USE OF THE PRODUCT IS AUTHORIZED HEREUNDER
EXCEPT UNDER THIS DISCLAIMER.
LIMITATION OF LIABILITY - TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW,
IN NO EVENT WILL LICENSOR OR ITS SUPPLIERS OR RESELLERS BE LIABLE FOR ANY INDIRECT,
SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE OF OR INABILITY
TO USE THE PRODUCT, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF GOODWILL,
WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR ANY AND ALL OTHER COMMERCIAL
DAMAGES OR LOSSES, EVEN IF ADVISED OF THE POSSIBILITY THEREOF, AND REGARDLESS OF
THE LEGAL OR EQUITABLE THEORY (CONTRACT, TORT OR OTHERWISE) UPON WHICH THE CLAIM
IS BASED. IN ANY CASE, LICENSOR'S ENTIRE LIABILITY UNDER ANY PROVISION OF THIS AGREEMENT
SHALL NOT EXCEED IN THE AGGREGATE THE SUM OF THE FEES LICENSEE PAID FOR THIS LICENSE
(IF ANY) AND FEES FOR SUPPORT OF THE PRODUCT RECEIVED BY SPOT A FAULT UNDER A SEPARATE
SUPPORT AGREEMENT (IF ANY), WITH THE EXCEPTION OF DEATH OR PERSONAL INJURY CAUSED
BY THE NEGLIGENCE OF LICENSOR TO THE EXTENT APPLICABLE LAW PROHIBITS THE LIMITATION
OF DAMAGES IN SUCH CASES. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION
OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS EXCLUSION AND LIMITATION MAY NOT
BE APPLICABLE. SPOT A FAULT IS NOT RESPONSIBLE FOR ANY LIABILITY ARISING OUT OF
CONTENT PROVIDED BY LICENSEE OR A THIRD PARTY THAT IS ACCESSED THROUGH THE PRODUCT
AND/OR ANY MATERIAL LINKED THROUGH SUCH CONTENT.

HIGH RISK ACTIVITIES - The Product is not fault-tolerant and is not designed,
manufactured or intended for use or resale as on-line control equipment in hazardous
environments requiring fail-safe performance, such as in the operation of nuclear
facilities, aircraft navigation or communication systems, air traffic control, direct
life support machines, or weapons systems, in which the failure of the Product could
lead directly to death, personal injury, or severe physical or environmental damage
("High Risk Activities"). Accordingly, Licensor and its suppliers specifically disclaim
any express or implied warranty of fitness for High Risk

MISCELLANEOUS - (a) This Agreement constitutes the entire agreement between
the parties concerning the subject matter hereof. (b) This Agreement may be amended
only by a writing signed by both parties. (f) If any provision in this Agreement
should be held illegal or unenforceable by a court having jurisdiction, such provision
shall be modified to the extent necessary to render it enforceable without losing
its intent, or severed from this Agreement if no such modification is possible,
and other provisions of this Agreement shall remain in full force and effect. (g)
The controlling language of this Agreement is English. If Licensee has received
a translation into another language, it has been provided for Licensee's convenience
only. (h) A waiver by either party of any term or condition of this Agreement or
any breach thereof, in any one instance, shall not waive such term or condition
or any subsequent breach thereof. (i) The provisions of this Agreement which require
or contemplate performance after the expiration or termination of this Agreement
shall be enforceable notwithstanding said expiration or termination. (j) Licensee
may not assign or otherwise transfer by operation of law or otherwise this Agreement
or any rights or obligations herein except in the case of a merger or the sale of
all or substantially all of Licensee's assets to another entity. (k) This Agreement
shall be binding upon and shall inure to the benefit of the parties, their successors
and permitted assigns. (l) Neither party shall be in default or be liable for any
delay, failure in performance (excepting the obligation to pay) or interruption
of service resulting directly or indirectly from any cause beyond its reasonable
control. (m) The relationship between Licensor and Licensee is that of independent
contractors and neither Licensee nor its agents shall have any authority to bind
Licensor in any way. (n) If any dispute arises under this Agreement, the prevailing
party shall be reimbursed by the other party for any and all legal fees and costs
associated therewith. (o) If any Spot a fault professional service are being provided,
then such professional services are provided pursuant to the terms of a separate
Professional Services Agreement between Spot a fault and Licensee. The parties acknowledge
that such services are acquired independently of the Product licensed hereunder,
and that provision of such services is not essential to the functionality of such
Product. (p) The headings to the sections of this Agreement are used for convenience
only and shall have no substantive meaning. (q) Licensor may use Licensee’s name
in any customer reference list or in any press release issued by Licensor regarding
the licensing of the Product and/or provide Licensee’s name and the names of the
GOVERNING LAW - This agreement shall be construed as the legal relation between
the parties determined in accordance with Australian Law.