END-USER LICENSE AGREEMENT IMPORTANT--READ CAREFULLY: This End-User License Agreement ("EULA") is a legal agreement between you (either an individual or a single entity) and Powerchip Australia Pty Ltd ABN 96 407 752 690 (“Powerchip”) for the software product accompanying this EULA, which includes computer software and may include associated media, printed materials, and "online" or electronic documentation ("software product"). By installing, copying, or otherwise using the software product, you agree to be bound by the terms of this EULA. If you do not agree to the terms of this EULA, do not install, copy, or use the software product. Our Satisfaction Guarantee Every Powerchip sold in Australia between March 11, 2005 and December 31, 2008 comes with an unconditional 14 day money back guarantee. This ensures that the Powerchip will live up to your expectations, not ours! If for any reason you are unsatisfied with the Powerchip, you may return the Powerchip to your place of purchase for a full refund of the purchase price (not including shipping and handling, installation and removal etc.). SOFTWARE PRODUCT LICENSE The software product is protected by copyright laws and international copyright treaties, as well as other intellectual property laws and treaties. The software product is licensed, not sold. 1. GRANT OF LICENSE. This EULA grants you the following rights: • Software product. The software product consists of product documentation, tools and utilities, miscellaneous technical information, and software programs. Powerchip grants you the right to install and use the software product or any portion thereof on a single computer. If you wish to use the software product on more than one computer, you must either erase the software from the first computer when you move the software product to another computer, or else purchase two copies of the software product. You may execute the software product from a common disk shared by multiple computers provided that one authorized copy of the software product has been licensed for each computer executing the software product. • Ownership of software product. Powerchip retains the copyright, title and ownership of the software product regardless of the form or media in or on which the original and other copies may exist. You may make one (1) copy of the software product solely for backup purposes. You must reproduce and include the copyright notice on the backup copy. 2. DESCRIPTION OF OTHER RIGHTS AND LIMITATIONS. • Limitations on Reverse Engineering, Decompiling, and Disassembly. You may not reverse engineer, decompile, or disassemble the software product, except and only to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation. • Rental. You may not sell, rent, or lease the software product. • Separation of Components. The software product is licensed as a single product. Its component parts may not be separated for use on more than one computer. • Software Transfer. You may physically transfer the software product from one of your computers to another provided that the software product is used on only one computer at a time. You may not distribute copies of the software product or accompanying written materials to others. You may not transfer the software product to anyone without the prior written consent of Powerchip. • Termination. Without prejudice to any other rights, Powerchip 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 product and all of its component parts. • Replacements. If you believe that the Powerchip is faulty, then return it to our office, and it will be replaced without charge within the warranty period. Should the product be examined, and we believe that it was not faulty, the end user is responsible for delivery charges. 3. COPYRIGHT. All title and copyrights in and to the software product (including but not limited to any images, photographs, animations, video, audio, music, text, and "applets" incorporated into the software product), the accompanying printed materials, and any copies of the software product are owned by Powerchip or its suppliers. The software product is protected by copyright laws and international treaty provisions. Therefore, you must treat the software product like any other copyrighted material. You may not copy the printed materials, if any, accompanying the software product. LIMITED WARRANTY LIMITED WARRANTY. THE SOFTWARE PRODUCT IS PROVIDED WITH A WARRANTY PERIOD SPECIFIED WITH THE WARRANTY DOCUMENT PROVIDED AT THE TIME OF PURCHASE, AND SUBJECT TO POWERCHIP TERMS AND CONDITIONS OF SALE. THIS WARRANTY SHALL NOT EXCEED MORE THAN THREE (3) YEARS FROM THE DATE OF PURCHASE. UNLESS OTHERWISE SPECIFIED - GOLD OR THE GOLD 98 POWERCHIP IS SUPPLIED WITH THREE (3) YEAR WARRANTY SILVER POWERCHIP IS SUPPLIED WITH A TWO (2) YEAR WARRANTY BRONZE POWERCHIP IS SUPPLIED WITH A ONE (1) YEAR WARRANTY. DISCLAIMER THE SOFTWARE PRODUCT IS NOT INTENDED FOR USE IN OPERATION OF MOTOR VEHICLES AND/OR MACHINES WHERE THE USE, FAILURE OR MISUSE OF THE SOFTWARE COULD LEAD TO DEATH, PERSONAL INJURY OR PHYSICAL OR ENVIRONMENTAL DAMAGE AND OR VIOLATE ANY ENVIRONMENTAL, SAFETY, TRANSPORTATION OR OTHER LAWS OR REGULATIONS. THE SOFTWARE PRODUCT IS NOT INTENDED TO BE USED AS A DEFEAT DEVICE OF ANY DIAGNOSTIC SYSTEM OR CONTROL SYSTEM. IT IS THE USER’S RESPONSIBILITY TO OBTAIN ANY CERTIFICATION, RECERTIFICATION OR NEW CLASSIFICATIONS PERTAINING TO USE. MISCELLANEOUS If for any reason a court of competent jurisdiction finds any provision, or portion thereof, to be unenforceable, the remainder of this License shall continue in full force and effect. You acknowledge that you have read this agreement, understand it, and agree to be bound by its terms and conditions. Neither party shall be bound by any statement or representation not contained in this agreement. No change in this agreement is effective unless written and signed by authorized representatives of each party. This EULA is governed by the laws of Victoria Australia. Should you have any questions concerning this EULA, or if you desire to contact Powerchip for any reason, write: Powerchip Australia Pty Ltd, P.O. Box 919 South Melbourne VIC 3205.