Oska Software End User License Agreement

Notice To User:

Please read this contract carefully. By downloading, installing, using or updating the DeskMate software ("DeskMate") you accept all the terms and conditions of this Agreement, including but not limited to:

• Use (See Section 2);
• Transferability (See Section 4);
• Warranty (See Section 6); and
• Liability (See Section 7).

You agree that this Agreement is enforceable like any written agreement signed by you. If you do not agree, do not download, install, use or update the DeskMate. If you have purchased a license for a DeskMate you may obtain a refund of the amount you paid if, and only if, you:

• Do not unlock the DeskMate;
• Do not use the DeskMate; and
• Establish proof of payment for the DeskMate within thirty (30) days of the date of purchase.

Oska owns all intellectual property in the DeskMate. Oska permits you to Use the DeskMate only in accordance with the terms of this Agreement.

Section 1: Definitions

"Computer" means a personal computer operating under one of the supported Microsoft® Windows® operating systems.

"DeskMate" means all of the contents of the files contained in the DeskMate software and this Agreement and any upgrades, modified versions, updates and additions, if any, licensed to you by Oska Software (collectively, "Updates").

"Oska" means Oska Educational Systems Pty Ltd, ACN 077 917 303, 228 Wynnum Road, Norman Park, Queensland, 4170, Australia.

"Permitted Number" means one (1) on a single Computer under a valid license granted by Oska.

"Use" or "Using" means to access, install, download, update, copy or otherwise benefit from using the functionality of the DeskMates.

Section 2: Software License

As long as you comply with the terms of this Software License Agreement (this "Agreement"), Oska grants to you a non-exclusive license to Use the DeskMate on the Permitted Number of Computers.

General Use: You may install and Use a copy of the DeskMate on your compatible Computer, up to the Permitted Number of Computers.

Backup Copy: You may make a backup copy of the DeskMate, provided your backup copy is not installed or used on any computer. You may not transfer the rights to a backup copy unless you transfer all rights in the DeskMate as provided under Section 4.

Portable or Home Computer Use: In addition to the single copy permitted under this section of the Agreement, the primary user of the computer on which the DeskMate is installed may install a second copy of the DeskMate for his or her exclusive use on either a portable Computer or a Computer located at his or her home, provided the DeskMate on the portable or home Computer is not used at the same time as the DeskMate on the primary Computer.

No Modification: You may not alter, customize, extend or otherwise modify the DeskMate or its installer. You are not authorized to integrate the DeskMate with any other software unless authorized in writing by Oska.

Privacy: Oska's Privacy Policy can be found at http://www.oska.com/privacy_policy.php. Full versions of any DeskMate characters are unlocked using Product Keys licensed to registered users. DeskMate Product Keys remain the property of Oska Software and are validated prior to unlocking, downloading or updating any full version. With the exception of validating genuine Product Keys and licenses, Oska does not collect information through the DeskMate software. Please note that DeskMates include an optional automated update feature to ensure that the software, animation and character database are up to date. If you do not wish to use the automated update feature, deactivate it by using the DeskMate's right-click menu or the DeskMate Dialog (Settings).

Section 3: Intellectual Property Ownership and Copyright Protection

The DeskMate and any authorized copies that you make are the intellectual property of and are owned by Oska. The structure, organization and code of the DeskMate are the valuable trade secrets and confidential information of Oska. The DeskMate is protected by law, including without limitation the copyright laws of the United States and other countries, and by international treaty provisions. Except as expressly stated herein, this Agreement does not grant you any intellectual property rights in the DeskMate and all rights not expressly granted are reserved by Oska.

Section 4: Restrictions

Notices: You shall not copy the DeskMate except as set forth in Section 2. Any copy of the DeskMate that you make must contain the same copyright and other proprietary notices that appear on or in the DeskMate.

No Modifications: You shall not modify, bundle, adapt or translate the DeskMate or any of the DeskMate setup utilities. You shall not reverse engineer, decompile, disassemble, convert or otherwise attempt to discover the source code of the DeskMate.

Transfer: You may not, rent, lease, sublicense, assign or transfer your rights in the DeskMate, or authorize all or any portion of the DeskMate to be copied onto another user's computer.

Software and Content: You may not upload, store or otherwise make avaliable to other users any DeskMate software, animation content or setup utilities.

Section 5: Upgrades and Updates

If the DeskMate is an Update to a previous version of the DeskMate, you must possess a valid license to such previous version in order to Use such Update. All Updates are provided to you on a license exchange basis. You agree that by Using an Update you voluntarily terminate your right to use any previous version of the DeskMate. As an exception, you may continue to Use previous versions of the DeskMate on your Computer provided that you acknowledge that any obligation Oska may have to support the previous versions of the DeskMate may be ended upon availability of the Update.

All DeskMate Updates ensure that the software, animation content and character database are current. Any Updates following the intial unlocking of any full version are optional. If you update the DeskMate while Using the software, you agree to accept the updated software and new content and remain bound by the terms of this Agreement. If you do not wish to Update the software, do not use either the manual or automated Update utilities offered in the software.

Section 6: NO WARRANTY

The DeskMate is being delivered to you "AS IS" and Oska makes no warranty as to its use or performance. OSKA DOES NOT AND CANNOT WARRANT THE PERFORMANCE OR RESULTS YOU MAY OBTAIN BY USING THE DESKMATE. EXCEPT FOR ANY WARRANTY, CONDITION, REPRESENTATION OR TERM TO THE EXTENT TO WHICH THE SAME CANNOT OR MAY NOT BE EXCLUDED OR LIMITED BY LAW APPLICABLE TO YOU IN YOUR JURISDICTION, OSKA MAKES NO WARRANTIES CONDITIONS, REPRESENTATIONS, OR TERMS (EXPRESS OR IMPLIED WHETHER BY STATUTE, COMMON LAW, CUSTOM, USAGE OR OTHERWISE) AS TO ANY MATTER INCLUDING WITHOUT LIMITATION NONINFRINGEMENT OF THIRD PARTY RIGHTS, MERCHANTABILITY, INTEGRATION, SATISFACTORY QUALITY, OR FITNESS FOR ANY PARTICULAR PURPOSE. The provisions of Section 6 and Section 7 shall survive the termination of this Agreement, howsoever caused, but this shall not imply or create any continued right to Use the DeskMate after termination of this Agreement.

Section 7: LIMITATION OF LIABILITY

IN NO EVENT WILL OSKA BE LIABLE TO YOU FOR ANY DAMAGES, LOSS, CLAIMS OR COSTS WHATSOEVER OR ANY CONSEQUENTIAL, INDIRECT, INCIDENTAL DAMAGES, OR ANY LOST PROFITS OR LOST SAVINGS. THE FOREGOING LIMITATIONS AND EXCLUSIONS APPLY TO THE EXTENT PERMITTED BY APPLICABLE LAW IN YOUR JURISDICTION. OSKA'S AGGREGATE LIABILITY UNDER OR IN CONNECTION WITH THIS AGREEMENT SHALL BE LIMITED TO THE AMOUNT PAID FOR THE DESKMATE, IF ANY.

Section 8: Governing Law

This Agreement will be governed by and construed in accordance with the substantive laws in force in the State of Queensland, Australia. This Agreement will not be governed by the conflict of law rules of any jurisdiction or the United Nations Convention on Contracts for the International Sale of Goods, the application of which is expressly excluded.

Section 9: General Provisions

If any part of this Agreement is found void and unenforceable, it will not affect the validity of the balance of this Agreement, which shall remain valid and enforceable according to its terms. This Agreement shall not prejudice the statutory rights of any party dealing as a consumer. This Agreement may only be modified by a writing signed by an authorized officer of Oska. Updates may be licensed to you by Oska with additional or different terms. This is the entire agreement between Oska and you relating to the DeskMate and it supersedes any prior representations, discussions, undertakings, communications or advertising relating to the DeskMate.