Hot Chilli Electronic End User License Agreement

NOTICE TO USER: THIS IS A CONTRACT AND BY USING HOT CHILLI SOFTWARE YOU ACCEPT ALL THE TERMS AND CONDITIONS OF THIS AGREEMENT. IF YOU DO NOT AGREE - DO NOT USE OUR SOFTWARE.

This Hot Chilli Media and Design ("Hot Chilli") End User License Agreement (the "Agreement") accompanies software ("Software") and related explanatory written materials ("Documentation"). The term "Software" shall also include PowerPoint templates, any upgrades, modified versions, and copies of the Software licensed to you by Hot Chilli. Hot Chilli grants to you a non-exclusive license to use the Software and Documentation, provided that you agree to the following:

1. Use of the Software.

You may--
1.1. Install the Software in a single location on a hard disk or other storage device of up to the number of computers indicated in the upper right hand corner ("Permitted Number of Computers") of this Agreement. 1.2. Provided the Software is configured for network use, install and use the Software on a single file server for use on a single local area network for either (but not both) of the following purposes: (a) permanent installation onto a hard disk or other storage device of up to the Permitted Number of Computers; or (b) use of the Software over such network, provided the number of different computers on which the Software is used does not exceed the Permitted Number of Computers. For example, if there are 100 computers connected to the server, with no more than 15 computers ever using the Software concurrently, but the Software will be used on 25 different computers at various times, the Permitted Number of Computers for which you need a license is 25.
1.3. Make one backup copy of the Software, provided your backup copy is not installed or used on any computer.
1.4. Home Use. The primary user of each computer on which the Software is installed or used may also install the Software on one home or portable computer. However, the Software may not be used on the secondary computer by another person at the same time the Software on the primary computer is being used.

2. Copyright. The Software is owned by Hot Chilli and its suppliers, and its structure, organisation and artistic designs are the valuable trade secrets of Hot Chilli and its suppliers. The Software is also protected by Australian Copyright Law and International Treaty provisions. You must treat the Software just as you would any other copyrighted material, such as a book. You may not copy the Software or the Documentation, except as set forth in the "Use of the Software" section. Any copies that you are permitted to make pursuant to this Agreement must contain the same copyright and other proprietary notices that appear on or in the Software. You agree not to modify, adapt or translate the Software.

3. Transfer. You may not rent, lease, sublicense or lend the Software or Documentation. You may, however, transfer all your rights to use the Software to another person or legal entity provided (1) that you transfer this Agreement, the Software, including all copies, updates and prior versions and all copies of font software converted into other formats, and all Documentation to such person or entity, (2) that you retain no copies, including copies stored on a computer, and (3) that the receiving party accept the terms and conditions of this Agreement.

4. Limited Warranty. Hot Chilli warrants to you that the Software will perform substantially in accordance with the Documentation for a ninety (90) day period following your receipt of the Software. To make a warranty claim, you must return the Software to the location where you obtained it along with a copy of your sales receipt within such ninety (90) day period. If the Software does not perform substantially in accordance with the Documentation, the entire and exclusive liability and remedy shall be limited to either, at Hot Chilli's option, the replacement of the Software or the refund of the license fee you paid for the Software.

HOT CHILLI AND ITS SUPPLIERS DO NOT AND CANNOT WARRANT THE PERFORMANCE OR RESULTS YOU MAY OBTAIN BY USING THE SOFTWARE OR DOCUMENTATION.

5. LIMITATION OF LIABILITY. IN NO EVENT WILL HOT CHILLI OR ITS SUPPLIERS BE LIABLE TO YOU FOR ANY CONSEQUENTIAL, INCIDENTAL OR SPECIAL DAMAGES, INCLUDING ANY LOST PROFITS OR LOST SAVINGS, EVEN IF A HOT CHILLI REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR FOR ANY CLAIM BY ANY THIRD PARTY.

6. Governing Law and General Provisions. If any part of this Agreement is found void and unenforceable, it will not affect the validity of the balance of the Agreement, which shall remain valid and enforceable according to its terms. This Agreement shall automatically terminate upon failure by you to comply with its terms. This Agreement may only be modified in writing signed by an authorised officer of Hot Chilli.