END-USER LICENCE AGREEMENT FOR DC2Vue DCE is the developer and licensor of DC2Vue, which You desire to license for use. In order to establish the rights and obligations of the parties with respect to the use of said software products, and the purchase of software support, as evidenced by the signatures above of authorised representatives of the respective parties, we agree as follows: 1. GRANT OF LICENCE. This EULA grants you the right to use the Software only for its intended purpose. You may not sell, resell, licence, rent, lease, lend, or otherwise transfer for value, the use of or installation of the Software. You may not redistribute the Software in any form or broadcast it in any media. 2. RESERVATION OF RIGHTS. All title and copyrights in and to the Software, and any copies of the Software, are owned by DCE and/or its affiliates. All rights not expressly granted are reserved by DCE and/or its affiliates. In particular, this EULA does not grant you any rights in connection with any trademarks or service marks of DCE and/or its affiliates. Use of the Software for any purpose other than expressly permitted in this EULA is prohibited, and may result in severe civil and criminal penalties. 3. TERMINATION. Without prejudice to any other rights, DCE may terminate this EULA if you fail to comply with the terms and conditions of this EULA. In such event, you must destroy all copies of the Software. 4. SPECIFIC USE. DCE and/or its affiliates make no representations about the suitability of the software for any purpose. This software is provided by the author “as is” and any express or implied warranties, including, but not limited to, the implied warranties or merchantability and fitness for a particular purpose are disclaimed. In no event shall the author be liable for any direct, indirect, incidental, special, exemplary, or consequential damages (including, not limited to, procurement of substitute goods or services; loss of use, data, or profits; or business interruption) however caused and on any theory of liability, whether in contract, strict liability, or tort (including negligence or otherwise) arising in any way out of use of this software, even if advised of the possibility of such damage. 5. ACCOUNTS AND PASSWORDS. You are responsible to maintain the confidentiality of your password and shall be responsible for all uses via your registration and/or login, whether authorised or unauthorised by you. You agree to immediately notify DCE of any unauthorised use or your registration, user account or password. 6. SUPPORT SERVICES: DCE will provide support services for which You have paid the required licence fees. 7. YOUR CONDUCT. You agree that all information or data of any kind, whether text, software, files, code, music or sound, photographs or graphics, video or other materials (“Content”), publicly or privately provided, shall be the sole responsibility of the person providing the Content or the person whose user account is used. DCE shall not be responsible to you in any way for the Content that appears in the Software nor for any error or omission nor liable for any breaches of any copyright in the content stored in the Software by you and your users. 8. THIRD PARTY SERVICES. Goods and services of third parties may be advertised and/or made available on or through this Software. Representations made regarding products and services provided by third parties are governed by the policies and representations made by these third parties. DCE shall not be liable for or responsible in any manner for any of your dealings or interaction with third parties. 9. LIMITATION OF LIABILITY. UNDER NO CIRCUMSTANCES WILL DCE BE LIABLE TO YOU FOR ANY LOST PROFITS, LOST OR DEGRADED DATA, INTERRUPTION OF BUSINESS, PROCUREMENT OF SUBSTITUTE PRODUCTS, OR FOR INDIRECT, SPECIAL, CONSEQUENTIAL, INCIDENTAL OR PUNITIVE DAMAGES, HOWEVER CAUSED AND REGARDLESS OF THEORY OF LIABILITY, ARISING OUT OF THE USE OF (OR INABILITY TO USE) THE SOFTWARE OR THE PROVISION OF SERVICES HEREUNDER, EVEN IF DCE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. 10. PROFESSIONAL SERVICE ENGAGEMENTS. All professional services engagements shall be performed under a separate professional services agreement, mutually agreed upon in writing by authorised representatives of each of us. 11. NON-DISCLOSURE OF CONFIDENTIAL INFORMATION. Each party acknowledges that the other’s business depends on the preservation of its trade secrets and other confidential information (the "Secrets"). Both Parties will each take any and all reasonable action to protect and preserve as confidential during or after the term of this Agreement all of the Secrets of the other disclosed to or known by such party or in such party’s possession or control, whether wholly or partially developed by such party or provided to such party, except to the extent: (a) authorised to do so in writing by the other party; (b) such Secret was already known by or generally available as part of the public domain prior to its disclosure to such party, or becomes so available through no fault of such party; (c) such Secret is independently developed by such party or is received from a third party with no breach of a duty owed to the other party; or (d) such Secret is required by law to be divulged by such party, provided that such party gives the other party as much prior notice of such requirement and opportunity and cooperation in contesting the same as practicable. 12. MISCELLANEOUS. If you use the Software in Australia, this EULA is governed by the laws of the State of Victoria. If you use the Software outside Australia, then local laws may apply. In the event that this Terms of Use conflicts with any law under which any provision may be held invalid by a court with jurisdiction over the parties, such provision will be interpreted to reflect the original intentions of the parties in accordance with applicable law, and the remainder of this Terms of Use will remain valid and intact; The failure of either party to assert any right under this Terms of Use shall not be considered a waiver of any that party’s right and that right will remain in full force and effect; You agree that without regard to any statue or contrary law that any claim or cause arising out of the use of this Software must be filed within one (1) year after such claim or cause arose or the claim shall be forever barred; We may assign our rights and obligations under this Terms of Use and we shall be relieved of any further obligation. Should you have any questions concerning this EULA, or if you desire to contact DCE for any reason, please contact us on +61 3 9863 7644, or write to: Data Capture Experts Pty Ltd. Level 1, 1 Queens Rd, Melbourne VIC 3004 13. IMPORTANT. DC2Vue is a trademark of Data Capture Experts Pty Ltd.