End User Licence Agreement

End User Licence Agreement 20061011

1 Conditions of Supply
By ordering or by opening, or installing this Software ("Software") package or any related package supplied by Norgate, you become a Licensee. As a Licensee you agree to be bound by the terms of this Licence Agreement ("Agreement"). Any reference to "he" in the Agreement shall be read as a reference to "he" or "she". "Norgate" means Norgate Investor Services Pty. Ltd. (ABN 70058485395). "Norgate and its associates" means Norgate Investor Services Pty. Ltd and related companies, stock exchanges, any futures exchanges, any other trading instruments exchanges, broker, suppliers, business partners, resellers, agents, and includes directors, officers, employees or contractors of all of the above. "Documentation" means any instructional information regarding the operation of the Software, including information provided within the product (eg. Help/Support), message box popups, external files and printed material.

2 Grant of Licence
Norgate hereby grants to Licensee a non-exclusive licence to use the Software, Data and Documentation on the following terms:
Licensee may: (i) use the Software on two computers that the individual uses; (ii) copy the Software and financial Data for archival purposes provided any copy must contain all of the original Software's proprietary notices. The Licensee warrants that he will not resell or redistribute the Data information supplied or received though the use of the Software in part or in full, in any way, shape or form what so ever.

3 Title and Copyright.
All title ownership rights, copyrights and intellectual property rights in and to the Software (including but not limited to any images, photographs, animation, video, audio, music, text and "applets" incorporated into the Software), the accompanying printed materials, any derived information (including but not limited to statistics, charts, Databases, tables) and any copies of the Software and Data are owned by Norgate or its suppliers. The Software is protected by the copyright laws of Australia and international copyright treaties. This licence gives the Licensee no rights to such content.

4 Australian Stock Exchange
Some of this material is copyright and reproduced under licence by Australian Stock Exchange Limited, ACN 008 624 691. Australian Stock Exchange Limited, its related companies and their officers and employees are not associated with, and should not be construed as endorsing, promoting or expressing any opinion about, nor be under any liability for any loss arising in connection with Norgate, the contents of any internet sites operated by Norgate, or any of Norgate's products or services. Australian Stock Exchange Limited, its related companies, their offices and employees shall not be liable in any way for any loss or damage, howsoever arising (whether in negligence or otherwise) out of or in connection with the contents of and/or any omissions from this communication except where a liability is made non-excludable by legislation. Trademarks used under licence. The ASX logo is a registered trade mark of Australian Stock Exchange Limited. "All Ordinaries (r)" and "ASX (r)" are registered trade marks of ASX Operations Pty Limited.

5 Singapore Exchange Ltd
Singapore Exchange Ltd (SGX), its related companies and their officers and employees are not associated with, and should not be construed as endorsing, promoting or expressing any opinion about, nor be under any liability for any loss arising in connection with Norgate, the contents of the internet sites operated by Norgate or any of Norgate's products or services.

Singapore Exchange Ltd, its related companies, their officers and employees shall not be liable in any way for any loss or damage, howsoever arising (whether in negligence or otherwise) out of or in connection with the contents of and/or any omissions from this communication except where a liability is made non-excludable by legislation.

Due to the inherent defects of electronic distribution, there may be delays, omissions, or inaccuracies in the contents, and although SGX endeavours to ensure that the contents are accurage, correct or have been obtained from sources believed to be reliable, they are provide to you on an "as is" basis without warranties of any kind. SGX does not make any representations and hereby disclaims with respect to the software all express, implied and statutory warranties of any kind to you or any third party, including, but not limited to, representations and warranties regarding accuracy, timeliness, completeness, currentness, nonfringement, merchantibility, or fitness for any particular purposes, or any representations or warranties arising from usage or custom or trade or by operation of law. SGX assumes no responsibility for the consequences of any errors or omissions.

In no event shall SGX be liable to you or to anyone else for any loss or injury caused in whole or in part by contingencies beyond its control or negligence in procuring, compiling, interpreting, editing, writing, reporting or delivering any content.

In no event shall SGX be liable to you or anyone else for any claim arising out of or relating to the software, including, but not limited to, any decision made or action taken by you in reliance upon such content or for any types of damages (such as, but not limited to, direct, consequential, special, punitive or indirect damages), even if advised of the possibility of such damages.

SGX does not make any recommendation regarding any securities issued by any of the companies identified in this Software. Please seek the advice of professionals, as appropriate, regarding the evaluation of any specific security, index, report, opinion, advice or other content.

6 US Market Data
Norgate and its associates do not warrant or guarantee the timeliness, sequence, accuracy, authenticity or completeness of the data or assume any responsibility with respect to Customer reliance thereon. The Licensee agrees that Norgate and its associates will not be liable for any direct, indirect, incidental or consequential damages, whether or not resulting from negligence on the part of Norgate and its associates, arising from or caused by, any delays, inaccuracies, errors in or omissions of information provided or to be provided hereunder or any defects in the information or any delay, interruption, non-performance, or termination of the information or in its transmission or delivery. Portions of the US Market Data are sourced from CSI www.csidata.com.

7 Foreign Exchange/Currency Data
Foreign Exchange/Currency data is provided through an aggregation of interbank trade data. Due to the fact that foreign exchange transactions are not performed through a central exchange, the rates may vary from those actually available to you for the purposes of trading. Some rates provided may be derived from other spot rates. Norgate and its associates do not warrant or guarantee the timeliness, sequence, accuracy, authenticity or completeness of the data or assume any responsibility with respect to Customer reliance thereon. The Licensee agrees that Norgate and its associates will not be liable for any direct, indirect, incidental or consequential damages, whether or not resulting from negligence on the part of Norgate and its associates, arising from or caused by, any delays, inaccuracies, errors in or omissions of information provided or to be provided hereunder or any defects in the information or any delay, interruption, non-performance, or termination of the information or in its transmission or delivery.

8 Modifications, Derivative Works and Reverse Engineering
The Licensee agrees that he will not in any way copy, modify, translate, reverse engineer, decompile, disassemble or create derivative works or allow any other party to copy, modify, translate, reverse engineer, decompile, disassemble or create derivative works based upon the Software or Documentation.

9 No Separation or Transfer of Licence
The Software is licensed as a single product and the Licensee agrees that the Software Programs, Data or Documentation comprising the Software will not be separated for use by more than one user. These rights may not be transferred to any other party. The Licensees agrees that he will not permit other individuals to use the Software.

10 Notices
The Licensee agrees that he will not remove any proprietary notices or labels on the Software or Documentation.

11 Rent or Lease
The Licensee agrees that he will not rent or lease the Software.

12 Subscription information
The Licensee agrees that he is responsible for protecting the confidentiality of his account name and password. The Licensee will not make his password available to anyone else. The Licensee agrees to accept all subscription transactions incurred via his password. Subscriptions are for a set period of time and cannot be cancelled or suspended. Refunds will not be provided in the event that the Licensee determines that the service is no longer required.

13 Accuracy of information
All material on the Software is provided in good faith. It is derived from sources believed to be accurate. Norgate and its associates do not make any representation or warranty as to the timeliness, reliability, accuracy or completeness of the material, nor do they accept any responsibility arising in any way for errors in, or omissions from, that material. Norgate and its associates will not be liable for loss resulting from any action or investment decision by a User in reliance on the information on the site, nor for any interruption, delay in operation or transmission, virus, communications failure, internet access difficulties, or malfunction in equipment or Software. Nothing in these conditions shall exclude, restrict or modify any condition or warranty implied by law.

14 General information only - Non Advisory
The Licensee agrees that material provided is general information only and is not intended as investment advice and will not be relied upon as such. The Licensee agrees to obtain professional investment advice tailored to his specific circumstances prior to making any investment decisions, if applicable. The Licensee agrees to consult with a broker to verify pricing before conducting any securities trading. The Licensee agrees that material provided does not, and must not be construed as providing recommendations in relation to any securities or other financial products. The Licensee agrees that it does not constitute and will not be construed as an offer of securities or other financial products nor is it an invitation for the Licensee to take up securities or other financial products.

15 Data Copyright
The Licensee agrees that the material provided is copyright and is published under licence from Norgate. The Licensee agrees to use this material for his own personal reference only. Except for the temporary copy held in the computer's cache and a single permanent copy for the Licensee's personal reference, the material may not otherwise be used, copied, reproduced, published, stored in a retrieval system, altered, transmitted in any form or by any means in whole or in part without the prior written approval of Norgate.

The Data supplied by the Software is sourced from official sources and includes a digital watermark for identification of unauthorised duplication. Norgate will prosecute individuals or corporations that violate copyright of the Data to the full extent of the law.

Any other use of the Data must be approved by Norgate.

16 Data Usage Restrictions
The Licensee agrees not to use any part of the Software or Data to establish, maintain or provide or assist in establishing, maintaining or providing a stock market for trading in securities.

17 Limited Warranty
Norgate warrants that for a period of thirty (30) days from the date of acquisition the Software if operated as directed will substantially achieve the functionality described in the Documentation. Norgate does not warrant that Licensee's use of the Software will be uninterrupted or that the operation of the Software will be error-free or secure. Norgate also warrants that the media containing the Software, if provided by Norgate, is free from defects in material and workmanship and will so remain for thirty (30) days from the date Licensee acquires the Software. This warranty applies only if Licensee informs Norgate of the problem with the Software during the applicable warranty period and provides evidence of the date Licensee acquired the Software.
Repaired, corrected or replaced Software and Documentation shall be covered by this limited warranty for the period remaining under the warranty that covered the original Software. This period will be deemed to run after the date Norgate either shipped to Licensee the repaired or replaced Software or advised Licensee as to how to operate the Software so as to achieve the functionality described in the Documentation whichever is applicable. Only if Licensee informs Norgate of the problem with the Software during the applicable warranty period and provides evidence of the date Licensee acquired the Software will Norgate be obligated to honour this warranty. If any modifications are made to the Software by the Licensee during the warranty period; if the Software is subjected to accident abuse or improper use; or if Licensee or user violates the terms of this licence then this warranty shall immediately terminate.

18 No other Warranties.
The Licensee agrees that Software provided by Norgate may contain defects that may result in Data contained thereon being inaccurate and or erroneous.
The Licensee agrees that Norgate has the right to change or discontinue any feature of these systems, including content, hours of availability and equipment required for access. From time to time Norgate may learn Data may be inaccurate and Norgate reserves at its discretion, the right to discontinue such Data. The Licensee will be advised of any changes to his services via e-mail.
The Licensee agrees that, to the maximum extent permitted by applicable law, Norgate and its associates disclaim all other warranties, either express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose, with regard to the Software, Data and accompanying documentation.

19 No liabilities for consequential damages.
The Licensee agrees that Norgate and its associates shall have no obligation or liability to the Licensee in contract or in tort arising out of or relating to delays, errors or omissions in collection and dissemination of such information, or for the inaccuracy of information carried or displayed by its Software. The Licensee agrees that, to the maximum extent permitted by applicable law, in no event shall Norgate and its associates be liable for any special, incidental, indirect, or consequential damages whatsoever (including, without limitation, damages for loss of business profits, business interruption, computer failure or malfunction, loss of business information, or any other pecuniary loss) arising out of the use of or inability to use the Software or Data, even if Norgate and its associates have been advised of the possibility of such damages.
The Licensee or user of a Licensee's product agrees to limit any claims against Norgate and its associates to the total amount paid by the Licensee to Norgate and its associates for the subscription to the service.

20 Representation and Warranties
The Licensee acknowledges that the Norgate and its associates do not make any representation or warranties regarding the product or the services provided or any other matter which is or might be relevant to the Licensee buying the products or services other than the representation or warranties expressed in this agreement.

21 Warranty Remedies
Should a breach in this warranty occur, Norgate's sole liability will be limited to the following remedies which will be implemented at Norgate's sole discretion: (i) replace Licensee's defective media; or (ii) advise Licensee how to achieve substantially the same functionality with the Software as described in the Documentation through a procedure different from that set forth in the Documentation; or (iii) refund the licence fee the Licensee paid for the Software.

22 Indemnification
The Licensee represents and warrants that it will utilise the Software only for Data for which Licensee has obtained all necessary clearances and permissions. The Licensee assumes the entire risk resulting from its breach of this warranty and agrees to hold harmless indemnify and defend Norgate and its associates from and against any losses, damages, fines and expenses (including attorney's fees and costs) arising out of or relating to any claims that the Licensee has violated another party's rights.
The Licensee indemnifies and shall keep indemnified Norgate from and against any liability, loss, expense or demand for or arising from any false, misleading or deceptive representation or statement made by the purchaser in respect of the products to any person.

23 Termination
This licence shall terminate automatically if Licensee fails to comply with the limitations described in this licence. On termination Licensee must destroy all copies of the Software, Financial Data (Historical & Data downloaded with the Software) and Documentation.

24 20 Minutes Delayed
ASX data and SGX data is provided on a minimum 20 minute delay, and the Licensee agrees that this information is not real-time information. In addition, all other information is provided as "end of day" which is delayed at least 20 minutes.

25 Entire Agreement
This agreement constitutes the complete and exclusive agreement between Norgate and Licensee with respect to the subject matter hereof. These terms and conditions supersede and exclude all prior and other discussions, representations (contractual or otherwise) and arrangements relating to the supply of the products or any part thereof including, but without limiting the generality of the foregoing, those relating to the performance of the products or any part thereof or the results that ought to be expected from using the product. This agreement may not be modified except in writing duly signed by a Director of Norgate and Licensee.
The Licensee acknowledges that they have read and understand this agreement and agree to be bound by its terms. Licensee further agrees that this agreement is the complete and exclusive statement of the agreement between Licensee and licensor, and supersedes any proposal or prior agreement, oral or written, and any other communications relating to the subject matter of this agreement.

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