Ultimate Maths Invaders for Mac OS X 1.0

LEGISLATION, WHICH CANNOT BE EXCLUDED. NOTHING IN THIS AGREEMENT LIMITS THOSE RIGHTS.

(C) SUBJECT TO PARAGRAPH (D) AND TO THE EXTENT ALLOWED BY LAW, THE MAXIMUM AGGREGATED LIABILITY OF THE LICENSOR, WHETHER FOR BREACH OF THIS AGREEMENT OR IN NEGLIGENCE OR ANY OTHER TORT OR FOR ANY OTHER COMMON LAW OR STATUTORY CAUSE OF ACTION ARISING FROM OR IN RELATION TO THIS AGREEMENT, IS LIMITED TO THE AMOUNT OF FEES PAID BY YOU UNDER THIS AGREEMENT.

LEGISLATION, WHICH CANNOT BE EXCLUDED. NOTHING IN THIS AGREEMENT LIMITS THOSE RIGHTS.

(C) SUBJECT TO PARAGRAPH (D) AND TO THE EXTENT ALLOWED BY LAW, THE MAXIMUM AGGREGATED LIABILITY OF THE LICENSOR, WHETHER FOR BREACH OF THIS AGREEMENT OR IN NEGLIGENCE OR ANY OTHER TORT OR FOR ANY OTHER COMMON LAW OR STATUTORY CAUSE OF ACTION ARISING FROM OR IN RELATION TO THIS AGREEMENT, IS LIMITED TO THE AMOUNT OF FEES PAID BY YOU UNDER THIS AGREEMENT.

(D) NOTWITHSTANDING ANY OTHER PROVISION TO THE CONTRARY, NOTHING IN THIS AGREEMENT SHALL LIMIT THE LICENSORâ•™S LIABILITY IN RESPECT OF PERSONAL INJURY OR DEATH.

(E) In no event shall you raise any claim under this Agreement more than two years after whichever of the following dates occurs first: (i) the discovery of the circumstances giving rise to such a claim; or (ii) the effective date of the termination of this Agreement unless the limitation in this paragraph is unlawful.

INTELLECTUAL PROPERTY: All copyright, trade marks and other intellectual property rights subsisting in or used in connection with the Software (including but not limited to all images, animations,

audio or other identifiable material relating to the Software) are and remain the sole property of the Licensor.

TERMINATION: The licence(s) granted under this Agreement shall be perpetual; provided, however, the Licensor may terminate this Agreement (including, for the avoidance of doubt, the licence(s) granted under this Agreement) if: (i) you have used the Software otherwise than in accordance with this Agreement; (ii) the Licensor has notified you in writing of a material breach and such breach is not cured within 30 days; or (iii) you fail to pay any fees when due. Termination shall not relieve you from your obligation to pay the fees that remain unpaid, and shall not limit either party from pursuing any other available remedies. Upon termination by the Licensor of this Agreement, or any part thereof, the Licensor shall have no obligation to refund to you any fees paid by you, and you agree to waive, in perpetuity and unconditionally, any and all claims for refunds. This section shall survive termination of this Agreement. If a licence is revoked, you must immediately uninstall and destroy all copies of the Software to which that licence related.

GENERAL: The Licensor may assign, sub-contract or novate its rights and obligations under this Agreement without your prior approval. If an Agreement provision is found unlawful, void or unenforceable, that provision shall be enforced to the extent permissible under applicable law, and the other provisions shall remain in effect. You agree that the Licensor may obtain specific performance and preliminary and permanent injunctive or other equitable relief for any violation of this Agreement. Any modification to the Agreement terms shall be subject to the Licensorâ•™s prior written approval.

GOVERNING LAW AND JURISDICTION:

This Agreement shall be governed by the laws of the state of New South Wales, Australia. The Licensor and you submit unconditionally and irrevocably to the non-exclusive jurisdiction of the courts of New South Wales.

TRIAL OR EVALUATION USE: If, with the Licensorâ•™s consent, you open this package or use this Software on a no-cost, or a no-cost limited-time evaluation basis, then the only right granted to you under this Agreement is the right to access the Software for trial or evaluation (no licence is granted). You must return the Software to the Licensor and/or uninstall it from the relevant computer immediately upon the end of the evaluation period or upon the Licensorâ•™s demand or otherwise pay the relevant licence fee. The provisions in this section control the Agreement to the extent they are inconsistent with provisions in other sections of this Agreement. All other terms of the Agreement are unmodified by this section. If you acquire a licence to this Software, then this section shall be of no further effect.

COPYRIGHT: The Software is copyright material:

Ultimate Maths Invaders

Copyright © 2004 Erinzan Pty Ltd, trading as EdAlive, and its licensors.

EdAlive is the Australian registered trade mark of Erinzan Pty. Ltd.

All rights reserved.

QUESTIONS: If you have any questions concerning the terms or conditions of this Agreement, contact the Licensor at:

tel: +61 2 6776 0200

fax: +61 2 6771 1050

email: info@edalive.com