TERMS OF ACCESS TO SOFTWARE - pdfServMachine, 5 Aug 2004

1.   LICENCE CONDITIONS

This Software is owned by Us.  We grant to You a
nonexclusive, non-transferable, perpetual licence to use
this Software for evaluation purposes only. If you decide to 
use pdfServMachine for other than evaluation purposes,
you must purchase a licence.

a) pdfServMachine is licenced per server.  

b) The pdfServMachine software must not be altered or re-engineered in any way. 


2.   INTELLECTUAL PROPERTY
You acknowledge that despite Your use of the Software, We
own all intellectual property rights in and in relation to
the Software including any modifications made to the
Software. You acknowledge that the Software is Our copyright
property and to the extent that the law permits, You will
not adapt, copy, alter, modify, reproduce, distribute,
transmit, download, reverse engineer or create derivative
works from the Software, nor will You allow a third party to
do so.

3.   WARRANTY
To the extent permitted by law:
(a)  We do not warrant that the functions contained in the
Software will meet Your
requirements, or that the operation of the Software will be
uninterrupted or error-
free, or that defects in the Software will be corrected;
(b)  We do not warrant or make any representations regarding
the use or the results of
the use of the Software or any documentation provided to You
in terms of their
correctness, accuracy, reliability, or otherwise;
(c)  this Software is provided to You ''as is.''  To the
extent permitted by law, We make no warranties, either
express or implied, with respect to this Software and/or
associated materials provided to You, including but not
limited to any warranty of
merchantability, fitness for a particular purpose or against
infringement; and
(d)  no oral or written information or advice given by Us or
Our authorised
representatives shall create a warranty or in any way
increase the scope of this
warranty.

4.   LIMITATION OF LIABILITY
To the extent permitted by law, We and Our authorised
representatives and distributors are not liable to You for
any claims or damages whatsoever in relation to Your use of
the Software, including property damage, personal injury,
intellectual property infringement, loss of profits, or
interruption of business, or for any special, consequential
or incidental damages, however caused, whether arising out
of breach of warranty, contract, tort (including
negligence), strict liability, or otherwise.

5.   CHARGES
The current charges are listed on the broadgun.com website.


6.   CONFIDENTIALITY
Each Party will not disclose the Confidential Information of
the other Party without the prior written consent of the
other Party.  Each Party will take all reasonable steps to
ensure that its employees and agents, and any sub-
contractors it engages do not make public or disclose the
other Party's Confidential Information.
A Party will not be in breach of this clause 6 in
circumstances where it is legally compelled to disclose the
Confidential Information.
This clause shall survive termination of these Terms of
Access to Software.

7.   Termination
(a)  We may terminate these Terms of Access to Software
immediately:
(i)  upon 28 days written notice to You;
(ii) if You are in breach of any term of these Terms of
Access to Software and
such breach (if capable of remedy) is not remedied within 28
days of
written notice from Us; and
(iii)     if You become, threaten or resolve to become or
are in jeopardy of
becoming subject to any form of insolvency administration.
(b)  Upon termination of these Terms of Access to Software:
(i)  Your licence to use and access the Software will
terminate immediately and
You acknowledge and agree that:
(A)  all rights in relation to the Software granted to You
pursuant to
these Terms of Access to Software immediately cease;
(B)  You must immediately cease using the Software; and
(C)  all copies of the Software in Your possession (if any)
must be
returned to Us within 3 days of the date of termination of
these Terms of Access to Software.

8. Adobe
i) We are not affiliated or associated with Adobe;
ii) The Software is compatible  with Adobe Acrobat Reader,
however We make
no representation that the Software is affiliated or
associated with the
Adobe Acrobat Reader program;
iii) We strongly recmmend that You obtain a licencsed copy
of a PDF reader software program.

9.   GENERAL
(a)  These Terms of Access to Software constitute the entire
agreement between the
Parties in relation to the Software and supersede all prior
representations,
agreements, statements and understandings, whether verbal or
in writing.
(b)  No right under these Terms of Access to Software will
be deemed to be waived
except in writing signed by the Party granting the waiver.
(c)  These Terms of Access to Software will not be varied
except by agreement in
writing signed by both Parties.
(d)  These Terms of Access to Software will be governed by
and construed according to
the law of the State of Victoria, Australia.  You and We
agree to take legal
proceedings over these Terms of Access to Software only in
its courts.
(e)  Where You comprise of two or more persons, an agreement
or obligation to be
performed or observed by You binds those persons jointly and
each of them
severally, and a reference to You will be deemed to include
a reference to any one
or more of those persons.
(f)  With the exception of clause 5, these Terms of Access
to Software apply to any use by You of the Software
including use of the evaluation version of the Software.

10.  Definitions

"Charges" means the charges payable for Your use of the
Software, inclusive of GST.

"Confidential Information" means any confidential
information belonging to a Party which relates to the terms
and subject matter of these Terms of Access to Software and
includes, without limitation, information relating to Your
data, Our data, the Software and a Party's personnel,
policies, clientele or business strategies.

"GST" means the tax imposed or to be imposed by A New Tax
System (Goods and Services Tax) Act 1999 (Cth).

"Party" means either You or Us as the context dictates.

"Software" means the pdfServMachine Software to
be used by You under these Terms of Access to Software.

"Terms of Access to Software" means these terms and
conditions for access to and use of the Software.

"We" or "Our" or "Us" means BroadGun Software Pty Ltd.

"You or "Your" means You the party seeking to access and use
the Software pursuant to these Terms of Access to Software.


