THIS IS A CONTRACT. BY DOWNLOADING SOFTWARE YOU ACCEPT ALL THE TERMS AND CONDITIONS OF THIS AGREEMENT. This Key Technology Pty Ltd ("Key Technology") End User License Agreement (the "Agreement") accompanies a Key Technology software product (the "Software"). Key Technology grants you a non-exclusive license to use the Software, provided that you agree to the following: 1. Copyright The Software is owned by Key Technology, and its structure and code are the valuable trade secrets of Key Technology. You agree not to modify, adapt, translate, reverse engineer, decompile, or otherwise attempt to discover the source code of the Software. 2. No Warranty YOU ACKNOWLEDGE THAT THE SOFTWARE IS SUPPLIED ON AN "AS-IS" BASIS, AND KEY TECHNOLOGY MAKES NO WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, AS TO NON-INFRINGEMENT OF THIRD PARTY RIGHTS, MERCHANTABILITY, OR FITNESS FOR ANY PARTICULAR PURPOSE. IN NO EVENT WILL KEY TECHNOLOGY BE LIABLE TO LICENSEE FOR ANY CONSEQUENTIAL, INCIDENTAL OR SPECIAL DAMAGES, INCLUDING ANY LOST PROFITS OR LOST SAVINGS, EVEN IF REPRESENTATIVES OF SUCH PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR FOR ANY CLAIM BY ANY THIRD PARTY. 3. Transfer & Termination of Use You may not rent, lease, sublicense or lend the Software. If this is an evaluation copy of the Software, you may freely distribute it as such. Evaluation software is clearly identified by the accompanying documentation and, where applicable, help screen. If you are unsure of the status of the Software, contact Key Technology at info@keytech.com.au to confirm its status. 4. Governing Law and General Provisions This Agreement will be governed by the laws in force in the State of Queensland, Australia. This Agreement will not be governed by the United Nations Convention on Contracts for the International Sale of Goods, the application of which is expressly excluded. This Agreement shall automatically terminate upon failure by you to comply with its terms. This Agreement may only be modified in writing signed by an authorized officer of Key Technology.