Before you (sometimes referred to herein as a "User") purchase and begin using and/or accessing any of the Pro/PURGE and related services and any online or electronic documentation (collectively, "Pro/PURGE"), carefully read the following user agreement (the "Agreement"). Gumboot.com has permitted the distribution and use of Pro/PURGE subject to all of the following terms and conditions of distribution and use. By purchasing, installing, subscribing to or using Pro/PURGE, you agree to be bound by all of the following terms and conditions. If you do not agree to all of these terms and conditions, you must not purchase, install, subscribe to or use Pro/PURGE.

This version of Pro/PURGE, including the software, services, files and user documentation is owned by Gumboot.com, and is protected by copyright laws, international copyright treaties, certain patent laws as well as other intellectual property laws and treaties. Certain portions of Pro/PURGE may be the property of third party providers and are used and distributed under license by Gumboot.com.

If you have been provided with a copy of Pro/PURGE for evaluation purposes, Gumboot.com grants to you, subject to the terms of this Agreement (excluding Section 1, under which you have no rights) a non-exclusive, non-transferable, non-concurrent limited internal use licence and right for evaluation purposes only. This licence and right is for the period of time indicated on the Web Site from which you subscribed to Pro/PURGE, or as otherwise indicated to you, commencing upon your initial downloading date of Pro/PURGE or your subscription to Pro/PURGE services (as the case may be), to evaluate Pro/PURGE. Upon the expiry of this evaluation period, Pro/PURGE will be disabled and you will no longer be able to access and use it. If the disabling mechanism is not functional, you agree to immediately cease any further access to and use of Pro/PURGE, and destroy any software portion of Pro/PURGE downloaded by you and provide Gumboot.com, upon its request, written confirmation that you have done so.

1. Grant of Rights. Gumboot.com grants to the User using Pro/PURGE a non-exclusive and non-transferable licence and right to use Pro/PURGE only in its executable form and including any software, files, services and fonts that form part of Pro/PURGE and its documentation for use in accordance with the terms of this Agreement. Under no circumstances should the foregoing provisions be considered or interpreted as being a sale to or purchase by the user of Pro/PURGE. This is only a licence. Gumboot.com reserves all rights not expressly granted herein to User.

2. Restrictions. Except to the extent expressly permitted by applicable law or otherwise expressly permitted in this Agreement or in another written agreement between Gumboot.com and User, such as a distribution agreement, User must not: (i) modify or create any derivative works of Pro/PURGE or any portion thereof, including translation or localisation; (ii) decompile, disassemble, reverse engineer, disassemble products, fixes or service deliverables or otherwise attempt to derive the source code of Pro/PURGE or any portion thereof; (iii) copy, distribute, encumber, sell, rent, lease, sublicense, or otherwise transfer rights to Pro/PURGE or any portion thereof; or (iv) remove or alter any trademark, logo, copyright or other proprietary notices, legends, symbols or labels in Pro/PURGE or any portion thereof.

3. Ownership. All right, title and interest in Pro/PURGE and all copyrights therein and related trademarks, trade names and other intellectual property rights, are owned by Gumboot.com or its suppliers. Pro/PURGE is protected by Australian and international copyright laws and international treaty provisions. Your possession, installation, subscription to or use of Pro/PURGE does not transfer to you any title to the intellectual property in, or other proprietary rights to, Pro/PURGE, and you will not acquire any rights to Pro/PURGE except as expressly set forth in this Agreement.

4. Technical Support Information. Information concerning technical support for Pro/PURGE may be obtained from Gumboot.com by e-mail request sent to "service@propurge.com".

5. Prohibited Usage.

a) Hacking. Any attempt to breach the security of any Web Site, or any part thereof, or to unlawfully access any computer or computer system of any person or corporation through the use of Pro/PURGE, is prohibited.

b) Defamation. You agree not to use Pro/PURGE to transmit any information that is defamatory, slanderous or libellous or that is otherwise in violation of any applicable law.

c) Fraud. You agree not to transmit any fraudulent information using Pro/PURGE. This means any information that you know or have reason to know is false or misleading, and that you intend or know others to rely on. For greater clarity, "Fraud" includes fraudulent auction bidding.

d) Intellectual Property and Proprietary Rights Violations. You agree not to transmit using Pro/PURGE any information that infringes another person's or entity's copyright, trade mark, service mark, trade dress, trade secret or any other intellectual property or proprietary rights in all or any part of the information without that person's or entity's express permission.

e) Harassment, Threats, and Abuse. You agree not to use Pro/PURGE to harass, threaten, abuse, embarrass or cause distress, unwanted attention or discomfort to any person or entity by any means, including the use of vulgar, hateful, racially, ethnically or otherwise objectionable information.

f) False Pretenses. You agree to not use Pro/PURGE to impersonate any person, including but not limited to, a Gumboot.com official or an information provider, guide, or host, or communicate under a false name or a name that you are not entitled or authorized to use in all forms of on-line communication, including, but not limited to, screen names, subscriber profiles, chat dialogue, and message posting.

g) Disruptive Activities. You agree not to use Pro/PURGE in such a manner to disrupt the normal flow of on-line dialogue, or otherwise act in a manner that negatively affects other subscribers, individuals, or entities.

h) Violations of rules. You agree not to use Pro/PURGE to violate any operating rule, policy or guideline of any on-line service provider or interactive service.

6. Warranties.

a) Subject to paragraphs (b) and (d) of this Section 6, and to the maximum extent permitted by applicable law: (i) all express or implied warranties, representations, statements, terms and conditions relating to this Agreement or its subject matter, not contained in this Agreement, are excluded from this Agreement, including without limitation warranties or conditions of or related to merchantability, fitness for a particular purpose, lack of viruses, accuracy or completeness of responses, results, Pro/PURGE from defect, lack of negligence, non-infringement of intellectual property rights, title, quiet enjoyment, quiet possession, correspondence to description or non-infringement; and (ii) Pro/PURGE is provided on an "as is" basis and Gumboot.com make no warranty that the use or performance of Pro/PURGE will be uninterrupted or error-free, or that any defects in Pro/PURGE will be corrected, and Gumboot.com will not be liable for any failure in the performance of Pro/PURGE caused in whole or in part by any defect in any portion of the hardware, software, equipment, operating systems, internet browser, or operating environment on or with which Pro/PURGE is used, the use of Pro/PURGE in conjunction with any other software program, service, hardware, peripheral, or communication device, or which arises as a result of any accident, abuse, or misapplication of Pro/PURGE.

b) Nothing in this Agreement excludes, restricts or modifies any condition, warranty, right or remedy implied or imposed by any statute or regulation which cannot lawfully be excluded, restricted or modified.

c) This Section 6 is subject to any warranty provided by Gumboot.com as described from time to time on Gumboot.com' web site.

7. Limitation of Liability.

a) Subject to Gumboot.com' obligations under the implied conditions and warranties referred to in Section 6(b) and to the maximum extent permitted by law, the maximum aggregate liability of Gumboot.com for all claims under or relating to this Agreement or its subject matter, whether in contract, tort (including without limitation negligence), in equity, under statute, based on fundamental breach or breach of a fundamental term or on any other basis, is limited to the replacement value of the Pro/PURGE product(s) that you have subscribed for. In calculating Gumboot.com' aggregate liability under this paragraph, the parties must include any amounts paid or the value of any goods or services replaced, repaired or supplied by Gumboot.com for a breach of the implied conditions and warranties referred to in Section 6(b).

b) Subject to Gumboot.com' obligations under the implied conditions and warranties referred to in Section 6(b) and to the maximum extent permitted by law, Gumboot.com is not liable for, and no measure of damages will, under any circumstances, include: (i) special, indirect, consequential, incidental or punitive damages; or (ii) damages for economic loss, loss of profits, revenue, goodwill, bargain, anticipated savings or loss or corruption of data, whether in contract, tort (including without limitation negligence), in equity, under statute, based on fundamental breach or breach of a fundamental term or on any other basis, whether or not such loss or damage was foreseeable and even if advised of the possibility of the loss or damage.

8. Indemnification. You agree to defend, release, indemnify, and hold Gumboot.com, its affiliated companies, operators and licensors and their respective officers, directors and employees, harmless from all liabilities, claims and expenses, including without limitation reasonable legal fees, arising from or in connection with any breach of this Agreement by you or any violation of applicable law by you. You agree that Gumboot.com has the right, but not the obligation, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you under this section. In such event, you will have no further obligations under this section.

9. Enforceability and Severability. The terms and conditions of this Agreement may not be modified, amended, cancelled or in any way altered by you, nor may they be modified by custom and usage of trade or course of dealing. Should any term of this Agreement be declared void or unenforceable by any court of competent jurisdiction, such declaration will have no effect on the remaining terms of this Agreement.

10. Termination of this Agreement. Gumboot.com may terminate this Agreement at any time and it will be automatically terminated upon any breach or non-observance by you of any provision of this Agreement. Upon termination of this Agreement, you must immediately cease using Pro/PURGE and its related services, material and files. This termination will not prevent Gumboot.com from claiming any damages resulting from the breach on your part of your obligations under this Agreement. All disclaimers of warranties and limitation of liability set forth in this Agreement will survive any termination or expiration of this Agreement. The waiver by Gumboot.com of a specific breach or default will not constitute the waiver of any subsequent breach or default.

11. Law. This Agreement is governed by the laws of New Zealand. The application of the United Nations Convention of Contracts for the International Sale of Goods to this Agreement is expressly excluded. User agrees that the courts of New Zealand have sole and exclusive jurisdiction for any claim brought by the User against Gumboot.com under or in relation to this Agreement or in connection with Pro/PURGE; provided, however, that this choice of jurisdiction does not prevent Gumboot.com from seeking injunctive relief with respect to breach of this Agreement, a violation of intellectual property rights or confidentiality obligations in any appropriate jurisdiction.

12. Waiver and Entire Agreement. The failure of either party to enforce any rights granted under this Agreement or to take action against the other party in the event of any breach under this Agreement will not be deemed a waiver by that party as to subsequent enforcement of rights or subsequent actions in the event of future breaches. Gumboot.com reserves the right at any time without liability or prior notice to change the features or characteristics of Pro/PURGE, or its documentation and related materials, or future versions thereof. These terms and conditions constitute the complete and exclusive statement of the agreement between Gumboot.com and you, which supersedes any proposal or prior agreement, oral or written, and any other communication between Gumboot.com and you relating to the subject matter of these terms and conditions.

Should you have any questions concerning these terms and conditions, or if you wish to contact Gumboot.com for any reason, please write to Gumboot.com, PO Box 6410 Dunedin, New Zealand.