LICENSE AGREEMENT Copyright (C) 2007 by ActiveList Pty Ltd. All Rights Reserved. LICENSE THE HITLIST APPLICATION, PROVIDED AS AN ONLINE SERVICE HEREIN CALLED THE "SOFTWARE", IS OWNED BY ACTIVELIST PTY LTD., AND IS PROTECTED BY AUSTRALIAN AND INTERNATIONAL COPYRIGHT LAWS. (AND INTERNATIONAL TREATIES). UPON YOUR AGREEMENT TO AND COMPLIANCE WITH THE TERMS OF THIS LICENSE AGREEMENT, ACTIVELIST. GRANTS YOU, HEREIN CALLED THE "LICENSEE", THE FOLLOWING NON-TRANSFERABLE, NON-EXCLUSIVE RIGHTS OF USE. ACTIVELIST.. HAS THE RIGHT TO TERMINATE THIS AGREEMENT IF THE "LICENSEE" FAILS TO COMPLY WITH ANY TERM OR CONDITION OF THIS AGREEMENT. NO TITLE TO THE INTELLECTUAL PROPERTY IN THE "SOFTWARE" IS TRANSFERRED TO YOU. THE "LICENSEE" DOES NOT ACQUIRE ANY RIGHTS TO THE "SOFTWARE" EXCEPT AS EXPRESSLY SET FORTH IN THIS LICENSE. GRANT OF LICENSE REGARDING THE PROGRAM ACTIVELIST. GRANTS THE "LICENSEE" THE FOLLOWING RIGHTS REGARDING THE USE OF THE "SOFTWARE": 1) USE OF THE "SOFTWARE" FOR THE "LICENSEE'S" PERSONAL OR BUSINESS PURPOSES. 2) COPYING THE "SOFTWARE" i) THE "LICENSEE" MAY NOT MAKE COPIES OF THE "SOFTWARE" OTHER THAN THOSE GRANTED BY LAW FOR ARCHIVAL OR BACKUP PURPOSES. ii) THE "SOFTWARE" MAY BE TRANSFERRED TO THE HARD DISK OF ANY COMPUTER, OR NETWORK OF COMPUTERS, BELONGING TO THE "LICENSEE". RESTRICTIONS REGARDING THE PROGRAM THE "LICENSEE" MAY NOT DISTRIBUTE, SUBLICENSE, LEASE, SELL, RENT OR OTHERWISE TRANSFER THE "SOFTWARE", OR ANY MODIFICATION OR DERIVATIVE THEREOF, TO ANY OTHER INDIVIDUAL OR GROUP FOR ANY REASON. LIMITATIONS OF LIABILITY AND DISCLAIMER OF WARRANTY THERE ARE NO WARRANTY RIGHTS GRANTED TO YOU, THE "LICENSEE", REGARDING THE "SOFTWARE". THE "SOFTWARE" AND ACCOMPANYING WRITTEN MATERIALS ARE SUPPLIED TO THE "LICENSEE" "AS IS" WITHOUT WARRANTY OF ANY KIND. ACTIVELIST PTY LTD. DOES NOT GUARANTEE, WARRANT, OR MAKE ANY REPRESENTATIONS, EITHER EXPRESSED OR IMPLIED, REGARDING THE USE, OR THE RESULTS OF THE USE OF THE "SOFTWARE" OR THE GENERIC WRITTEN MATERIALS WITH REGARDS TO RELIABILITY, ACCURACY, CORRECTNESS, OR OTHERWISE. THE "LICENSEE" ASSUMES THE ENTIRE RISK AS TO THE RESULTS AND PERFORMANCE OF THE "SOFTWARE". ACTIVELIST PTY LTD. SHALL NOT BE LIABLE UNDER ANY CIRCUMSTANCES, FOR ANY DAMAGES WHATSOEVER, ARISING OUT OF THE USE, OR THE INABILITY TO USE, THE "SOFTWARE", EVEN IF ACTIVELIST PTY LTD HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR ACTIVELIST IS AT FAULT OR ERROR FOR THE DAMAGES. BY USING "SOFTWARE," LICENSEE AGREES TO ALL TERMS AND CONDITIONS AND AGREES TO HOLD ACTIVELIST PTY LTD HARMLESS, ITS EMPLOYEES AND ANY TIER ASSOCIATED WITH DEVELOPMENT OF "SOFTWARE" HARMLESS OF ANY PROBLEMS, ERRORS, LEGAL FEES, COURT FEES AND ANY EXPENSES ASSOCIATED WITH PROBLEMS DIRECTLY OR INDIRECTLY RELATING TO "SOFTWARE."

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