SOFTWARE LICENSE AGREEMENT

1. Use of any software and related documentation that you have downloaded or otherwise accessed from this website ("Software") is subject to the terms and conditions set out in this license agreement ("Agreement"). If you use, or register yourself as a user of, the Software you are agreeing to be bound by this Agreement. If you do not agree to be bound by this Agreement, you must not use the Software.

2. Obeform Pty Ltd trading as IOL Power ABN [75500579756] ("We") licenses you to install and use one copy of the Software in accordance with the terms and conditions set out in this Agreement:

(a) if registered, on the single handheld computer device identified in the registration; or

(b) if not registered, for evaluation purposes for a period of 14 days from installation ("Evaluation Period"), on a single handheld computer device that uses the Palm operating system.

3. After the Evaluation Period you must:

(a) register as a user of the Software; or

(b) cease to use the Software and permanently remove the Software from your handheld computer device.

4. After registration the license continues until terminated in accordance with this Agreement.

5. You must not:

(a) reproduce or distribute copies of the Software unless:

(i) you are demonstrating the Software; and

(ii) you make the new user of the Software aware of these license terms and conditions;

(b) modify, alter, enhance, adapt, create derivative works of the Software or merge all or part of the Software with any other Software; or

6. We own all right, title and interest in and to the Software (including copyright and patent rights), together with all copies, modifications, alterations, enhancements, adaptations and derivative works.

7. The Software performs a series of calculations, including calculations of the SRK^®* and Barrett Universal formulae. We have been granted a license to use those formulae for the preparation and distribution of the Software. The owners of those formulae:

(a) own all right, title and interest in their respective formulae and trade marks; and

(b) will not be liable to you or any other person, either jointly or severally, for damages of any kind, including damages arising out of the use of or inability to use the Software and out of errors or omissions in the content of the Software.

If any such license is terminated for any reason, we reserve the right to, at our option, terminate, or alter the terms of, this Agreement.

8. MathLib is a free shared library that can be used by any OS 2.0+ Pilot program that needs IEEE 754 double precision math functions. It is distributed under the terms of the GNU Library General Public License, and is freely available with full source code and documentation at the MathLib information web page (http://www.radiks.net/~rhuebner/mathlib.html). It is not a part of the Software, and you are not paying anything for its use; a copy is simply distributed with this archive for your convenience.

9. We provide the Software without warranty of any kind, either express or implied, including the implied warranties of merchantability, fitness for purpose, non-infringement or any warranties in relation to the calculations of third party formulae. This clause does not exclude or modify any condition or warranty implied into this Agreement by any law if to do so would contravene that law or make any part of this clause void ("Non-Excludable Condition").

10. If We breach any Non-Excludable Condition, Our liability is limited, at Our option:

(a) for goods, to:

(i) repairing or replacing the goods; or

(ii) paying the cost of having those goods repaired or replaced; and

(b) for services, to:

(i) resupplying the services; or

(ii) paying the cost of having those services resupplied.

11. We will not be liable to you, or any third party, for any damages, including damages arising out of the use of or inability to use the Software and out of errors or omissions in the content of the Software, including:

(a) in contract, for direct, consequential or indirect damages including for loss of data, profit, business, business information, business opportunity, revenue, anticipated savings or goodwill, business interruption and for claims by third parties, whether or not such damages were foreseeable or contemplated; and

(b) in negligence, for Our acts or omissions, and the acts or omissions of Our employees, contractors and agents, arising out of or in connection with this Agreement.

12. You indemnify Us, and agree to indemnify and hold Us harmless from and against, all costs (including legal costs), expenses, damages, losses, claims and liabilities incurred directly or indirectly in connection with or arising out of your use of the Software, including all costs (including legal costs), expenses, damages, losses, claims and liabilities incurred by third parties, whether or not incurred as a result of Our breach of this Agreement or of the negligent acts or omissions of Us or of Our employees, contractors and agents.

13. Nothing in this Agreement is to have the effect of excluding or limiting in any way the application of any statutory provision (including a provision of the Trade Practices Act 1974 (Cth)) where to do so would:

(a) contravene that statute; or

(b) cause any part of this Agreement to be void,

and the relevant provisions of this Agreement are deemed excluded or modified (as the case may be) to the extent of any inconsistency with such statutory provision.

14. Without prejudice to any other rights, We may terminate this Agreement if you fail to comply with its terms and conditions. If We terminate this Agreement you must cease to use the Software and destroy all copies of the Software in your possession.

15. You must not assign or sub-contract any of your rights and obligations under this Agreement without Our prior written consent. We may assign or sub-contract any of Our rights or obligations under this Agreement at any time.

16. The law of New South Wales, Australia, governs this Agreement.

* SRK is a registered trademark of Computational Technology, Inc