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End User License Agreement

END USER LICENSE AGREEMENT FOR MySF SOFTWARE.

IMPORTANT-READ CAREFULLY:

This MySF End-User License Agreement("EULA") is a legal agreement between you (either an individual person or a single legal entity, who will be referred to in this EULA as"You") and MySF Pty. Ltd. Incorporated in the State of Victoria (MySF) for the MySF software product (Software Product) that accompanies this EULA, including any associated media, printed materials and electronic documentation (the "Software Product"). The Software Product also includes any software updates, add-on components, web services and/or supplements that MySF may provide to You or make available to You after the date You obtain Your initial copy of the Software Product to the extent that such items are not accompanied by aseparate license agreement or terms of use. By installing, copying,downloading, accessing 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, access or use the Software Product; instead, You should return it to MySF for a refund.

SOFTWARE PRODUCT LICENSE

The Software Product is protected by intellectual property laws and treaties. The Software Product is licensed, not sold.

1. GRANT OF LICENSE. This Section of the EULA describes Your general rights to install and use the Software Product The license rights described inthis Section are subject to all other terms and conditions of this EULA.

General License Grant to Install and Use Software Product. You may install and use one copy of the Software Product on a single computer, device, workstation, terminal, or other digital electronic or analog device ("Device").You may make a second copy of the Software Product and install it on a portable Device for the exclusive use of the person who is the primary user of the first copy of the Software Product. A license for the Software Product may not be shared.

Alternative License Grant forStorage/Network Use. As an alternative to the rights granted in the previous section, You may install acopy of the Software Product on one storage Device, such as a network server, and allow individuals within Your business to access and use the Software Product from other Devices over a private network, provided that You acquire a rental license based on the number of separate Self Managed Super Funds administered using the MySF software.

o You must indemnify, hold harmless, and defend MySF from and against any claims or lawsuits, including attorneys' fees ,that arise from or result from the use or distribution of MySF Software.

Reservation of Rights. All rights not expressly granted are reserved by MySF.

2. DESCRIPTION OF OTHER RIGHTS AND LIMITATIONS.

Mandatory Activation. You will not be able to exercise Your rights to the Software Product under this EULA after a finite number of product launches unless You activate Your copy of the Software Product in the manner described during the launch sequence.

Copy Protection. The Software Product may include copy protection technology to prevent the unauthorized copying of the Software Product or may require original media for use of the Software Product on the Device. It is illegal to make unauthorized copies of the Software Product or to circumvent any copy protection technology included in the Software Product.

Not for Resale Software, Your use of the MySF Software Product is limited to use of the product in the standard manner and You may not resell, or otherwise transfer for value, the Software Product.

Limitations on Reverse Engineering,Decompilation, and Disassembly. You may not reverse engineer, decompile, or disassemble the Software Product.

Separation of Component Parts. The Software Product is licensed as a single product. Its component parts may not be separated for use on more than one Device unless expressly permitted by this EULA.

Trademarks. This EULA does not grant You any rights in connection with any trademarks or service marks of MySF.

No rental, leasing or commercial hosting. You may not rent, lease, lend or provide commercial hosting services to third parties with the Software Product. The exception to this is accredited Financial Advisors or CPA members who enter into an agreement with MySF to provide services to their clients and are licensed to provide hosting services on the basis of the number of Funds administered through the MySF Software.

Software Transfer. Ownership of MySF software may not be transferred without the approval of MySF.  Request to transfer ownership should be made in writing to MySF.

Termination. Without prejudice to any other rights, MySF 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.

3. UPGRADES.

Standard Software Product. If the Software Product is labeled as an upgrade, You must be properly licensed to use a product identified by MySF as being eligible for the upgrade in order to use the Software Product. A Software Product labeled as an upgrade replaces or supplements (and may disable) the product that formed the basis for Your eligibility for the upgrade. You may use the resulting upgraded product only in accordance with the terms of this EULA. If the Software Product is an upgrade of a component of a package of software programs that You licensed as a single product, the Software Product may be used and transferred only as part of that single product package and may not be separated for use on more than one Device.

4. INTELLECTUAL PROPERTY RIGHTS. All title and intellectual property rights in and to the Software Product (including but not limited to any images, photographs, animations, video, audio, music, text, and "applets" incorporated into the MySF Software Product), the accompanying printed materials, and any copies of the Software Product are owned by MySF. All title and intellectual property rights in and to the content that is not contained in the Software Product, but may be accessed through use of the Software Product, is the property of the respective content owners and may be protected byapplicable copyright or other intellectual property laws and treaties. This EULA grants You no rights to use such content. If this Software Product contains documentation that is provided only in electronic form, you may print one copy of such electronic documentation. You may not copy the printed materials accompanying the Software Product.

5. BACKUP COPY. After installation of one copy of the Software Product pursuant to this EULA, you may keep the original media on which the Software Product was provided by MySF solely for backup or archival purposes. If the original media is required to use the Software Product on the Device, you may make one copy of the Software Product solely for backup or archival purposes. Except as expressly provided in this EULA, you may not otherwise make copies of the Software Product or the printed materials accompanying the Software Product.

6. APPLICABLE LAW.

MySF and this  EULA is governed by the laws of the State of Victoria.

Should you have any questions regarding this  EULA, or if you desire to contact MySF for any reason, please contact MySF through email at info@mysf.com.au or via the Contact Us section of the MySF Web site which is located at www.mysf.com.au

7. LIMITED WARRANTY

You acknowledge that the maximum remedy or consequential or other damages is limited to the price paid by you for the software.  You acknowledge that you will not hold MySF liable for any damages or costs arising from deficiencies or omissions in the software.  MySF will use all reasonable efforts to ensure that the software is fit for purpose but provides no guarantee that the software will meet all the requirements of the SIS legislation or Australian Tax Act or any other act of parliament in any state of Australia or of the Commonwealth of Australia.

8. EXCLUSION OF INCIDENTAL, CONSEQUENTIALAND CERTAIN OTHER DAMAGES.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL MYSF OR ITS SUPPLIERS OR PARTNERS OR EMPLOYEES BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES WHATSOEVER (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS OR CONFIDENTIAL OR OTHER INFORMATION, FOR BUSINESS INTERRUPTION, FOR PERSONAL INJURY, FOR LOSS OF PRIVACY, FOR FAILURE TO MEET ANY DUTY INCLUDING OF GOODFAITH OR OF REASONABLE CARE, FOR NEGLIGENCE, AND FOR ANY OTHER PECUNIARY OR OTHER LOSS WHATSOEVER) ARISING OUT OF OR IN ANY WAY RELATED TO THE USE OF OR INABILITY TO USE THE SOFTWARE PRODUCT, THE PROVISION OF OR FAILURE TO PROVIDE SUPPORT SERVICES, OR OTHERWISE UNDER OR IN CONNECTION WITH ANY PROVISION OF THIS EULA, EVEN IN THE EVENT OF THE FAULT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, BREACH OF CONTRACT OR BREACH OF WARRANTY OF MYSF OR ANY SUPPLIER, AND EVEN IF MYSF OR ANY SUPPLIER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

9. LIMITATION OF LIABILITY AND REMEDIES. NOTWITHSTANDING ANY DAMAGES THAT YOU MIGHT INCUR FOR ANY REASON WHATSOEVER (INCLUDING, WITHOUT LIMITATION, ALL DAMAGES REFERENCED ABOVE AND ALL DIRECT OR GENERAL DAMAGES), THE ENTIRE LIABILITY OF MYSF AND ANY OF ITS SUPPLIERS UNDER ANY PROVISION OF THIS EULA AND YOUR EXCLUSIVE REMEDY FOR ALL OF THE FOREGOING (EXCEPT FOR ANY REMEDY OF REPAIR OR REPLACEMENT ELECTED BY MYSF WITH RESPECT TO ANY BREACH OF THE LIMITED WARRANTY) SHAL BE LIMITED TO THE GREATER OF THE AMOUNT ACTUALLY PAID BY YOU FOR THE SOFTWARE OR AUD $10.00. THE FOREGOING LIMITATIONS, EXCLUSIONS AND DISCLAIMERS  SHALL APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, EVEN IF ANY REMEDY FAILS ITS ESSENTIAL PURPOSE.

10. ENTIRE AGREEMENT. This EULA (including any addendum or amendment to this EULA which is included with the Software Product) is the entire agreement between you and MySF relating to the Software Product and the support services (if any) and they supersede all prior or contemporaneous oral or written communications, proposals and representations with respect to the MySF Software Product or any other subject matter covered by this EULA. To the extent theterms of any MySF policies or programs for support services conflict with the terms of this EULA, the terms of this EULA shall control.

 

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