Copyright (c), 2013 Important notes to all users and Software License Agreement and Limited Warranty Notice to user: Please read this License carefully. This is a legal agreement between Teksoft Technology Pty Ltd. (Australia, ABN: 76 133 595 016) or an authorized dealer/reseller/licensor of Teksoft Technology ("Vendor"), and the end-user ("Licensee"). Teksoft or the authorized dealer/reseller/licensor licenses the enclosed software and/or demo software and documentation ("OCPA") to the original individual customer for use only on the terms described in this Software License Agreement (this "License"). Opening the enclosed CD/Disk envelope and/or download the software from the website and using the Software indicates that the end-user accepts and agrees to comply with these terms of this License. 0. IMPORTANT NOTES AND DISCLAIMERS: OCPA do not and/or does not contain the official opportunity class placement test questions designated by the NSW Department of Education and Community (formerly known as NSW Board of Studies), all questions and answers contained in this Software has created originally by the Vendor and any similarities and/or identical wording and/or grammatical expressions from any copyrighted materials are the results of co-incidental and are not intentional. Teksoft Technology Pty Ltd is not in any relations with NSW department of education and communities or any organization related to the preparation of the opportunity class placement program and OCPA is merely intended to be used as a supplementary learning and preparation tool for the opportunity class placement test. It is not mandatory and/or compulsory to purchase OCPA and used as a primary and/or the only source for your child's opportunity class placement preparation. Also Teksoft Technology Pty Ltd are not affliates with any private tutition to enforce such beliefs. NSW Board of studies had not endorsed OCPA and therefore Teksoft Technology Pty Ltd recommend and encourage every end-user to study and prepare for the opportunity class placement program using its own comfortable methodologies and do not solely rely on OCPA. Teksoft Technology made no guarantee, whether express and/or implied, that the use of this Software in any way would resulted in the end-user successfully obtaining a placement in opportunity class and Teksoft Technology Pty Ltd does not warrant or assume any legal liability or responsibility for the accuracy, completeness, or usefulness of any information contained in this Software. 1. GRANT OF LICENSES 1.1 License Grant. TEKSOFT TECHNOLOGY grants You a non-sublicensable, non-exclusive, non-transferable, limited license to use copies of the Software and User Documentation in Your Territory, in accordance with the applicable User Documentation, within the scope of the License Parameters. TEKSOFT TECHNOLOGY's license grant is conditioned on Your continuous compliance with all license limitations and restrictions described in this Agreement. If You violate any of these limitations or restrictions, the license grant will automatically and immediately expire. The license descriptions in this Section 2 (Software License) define the scope of rights that TEKSOFT TECHNOLOGY grants to You. Any usage of the Software or User Documentation outside the scope of the applicable license grant constitutes an infringement of TEKSOFT TECHNOLOGY's intellectual property rights as well as a material breach of this Agreement. No license is granted under the terms of this Agreement to Excluded Materials (if any). No license is granted under the terms of this Agreement if you did not lawfully acquire the Software. 1.2 License Parameters. TEKSOFT TECHNOLOGY's license grant is subject to one or more of the License Parameters defined in this Section 2.2 (License Parameters) as specified in the User Documentation. Unless TEKSOFT TECHNOLOGY expressly specifies or agrees otherwise in the User Documentation, all Software shall be governed solely by license for Standalone (Individual) Versions set forth in Section 1.2.1 (Standalone (Individual) Version). 1.2.1 Standalone (Individual) Version. If TEKSOFT TECHNOLOGY identifies the Software as a "Standalone Version" or as an "Individual Version" or if the User Documentation does not identify the Software by any of the version designations set forth in Sections 2.2.2 (Multi-Seat Standalone) through 2.2.6 (Evaluation Version), You may Install and Access one (1) copy of the Software on one (1) individual Computer, solely for Your internal business needs. You may not allow the Software to be Accessed, , operated, or viewed from, or Installed or uploaded to, other Computers through a network connection. Except as otherwise explicitly permitted, You may not Install or Access the Software other than on one (1) Computer at a time. 1.2.2 Multi-Seat Standalone Version. If TEKSOFT TECHNOLOGY identifies the Software as a "Multi-Seat Standalone Version", You may Install and Access the Permitted Number of copies of the Software on the Permitted Number of individual Computers, solely for Your internal business needs. You may not allow the Software to be Accessed, operated or viewed from, or Installed or uploaded to, other Computers through a network connection. Except as otherwise explicitly permitted, You may not Install or Access the Software other than on the Permitted Number of Computers at any one time, 1.2.3 Network Version. If TEKSOFT TECHNOLOGY identifies the Software as a "Network Version" in the applicable User Documentation, You may Install and Access one (1) copy of the Software on Your Computer file server, for Your own internal business needs, using the TEKSOFT TECHNOLOGY License Manager tool (if any). The Software may be Installed on or Accessed by other Computers, or on an individual Computer, as a multiple-user installation, so long as the maximum number of concurrent users does not exceed the Permitted Number. 1.2.4 Demonstration Version (Demo). If TEKSOFT TECHNOLOGY identifies the Software as a demonstration, evaluation, trial, or not for resale version ("Evaluation Version") in the applicable User Documentation, You may Install and Access one copy of the Software only for the purpose of commercial evaluation and demonstration. Without limiting the foregoing, You may not use it for competitive analysis, or commercial, professional, or other for-profit purposes. The demo Version may only be Installed for a thirty (30) day evaluation period, unless otherwise specified by TEKSOFT TECHNOLOGY in writing. 1.2.5 License Term. Subject to the terms and conditions of this Agreement, the license to use the Software is perpetual, unless the Software qualifies as an Evaluation Version, a Student Version, or is designated as a fixed-term license, a limited duration license or a rental license. In such cases, the term of the license shall be the term identified by TEKSOFT TECHNOLOGY in the applicable User Documentation (the "Designated Term") or the term for which You have paid, whichever is less. If TEKSOFT TECHNOLOGY identifies the Software as licensed for a fixed term, limited duration or rental and does not specify a term, then the Designated Term shall expire ninety (90) days after the date You first Install the Software. Use of this Software beyond the applicable license term, or any attempt to defeat the time-control disabling function in the Software is an unauthorized use and constitutes a material violation of this Agreement and intellectual property law. 1.3 Upgrades. If TEKSOFT TECHNOLOGY labels the Software in the User Documentation as an upgrade or update ("New Version") to software previously licensed to You ("Previous Version"), You must destroy all copies of the Previous Version, including any copies Installed on Your hard disk drive, and upon request by TEKSOFT TECHNOLOGY return any User Documentation to TEKSOFT TECHNOLOGY or the authorized distributor from whom You acquired the Previous Version within one hundred twenty (120) days of Installing the New Version. TEKSOFT TECHNOLOGY reserves the right to require You to show satisfactory proof that the Previous Version has been destroyed. TEKSOFT TECHNOLOGY or an authorized third-party in connection with the Software licensed to You hereunder may provide You additional software that supplements or extends the Software. Such supplemental software shall be subject to the terms and conditions of this Agreement except Section 5.1 (Limited Warranty), unless otherwise specified at the time of delivery. Notwithstanding the foregoing, You may retain and need not destroy the Previous Version and may use the Previous Version solely if and to the extent necessary (1) for the purposes of Installing the New Version hereby licensed and (2) for archival (backup) purposes in order to Install the New Version licensed by this Agreement if the initial installation fails. 1.4 Software Components. The Software is licensed to You as a single product and its components may not be separated for distribution or use on more than one (1) Computer unless expressly permitted by TEKSOFT TECHNOLOGY in the applicable User Documentation. 2. LICENSE FEES This license shall have no force or effect unless and until Licensee shall have submitted to Vendor all applicable license fees in full. All such fees are exclusive of any taxes, duties, licenses, fees, excises or tariffs now or hereafter imposed on Licensee's production, licensing, sale, transportation, import, export or use of the Software or Licensee Programs, all of which shall be the responsibility of Licensee. 3. LIMITED WARRANTY (a) Vendor warrants that for 90 days following delivery of the Software to Licensee, the Software, unless modified in any way by Licensee, will perform substantially the functions described in any associated product documentation provided by Vendor. Vendor does not warrant that the Software will meet Licensee's specific requirements or that operation of the Software will be uninterrupted or error-free. Vendor is not responsible for any problem, including any problem that would otherwise be a breach of warranty, caused by: * Changes in the operating characteristics of computer hardware or computer operating systems. * Interaction of the Software with software not supplied or approved by Vendor. * Accident, abuse, or misapplication. (b) Vendor's entire liability and Licensee's sole remedy under the foregoing warranty during the warranty period is that Vendor shall, at its sole and exclusive option, either use reasonable efforts to correct any reported deviation from the relevant product documentation, replace the Software with a functionally equivalent program, or refund all license fees paid, in which case, this License shall immediately terminate. Any repaired or replaced Software will be re-warranted for an additional ninety (90) day period, unless subsequently modified by Licensee. (c) The above warranties are exclusive and Vendor makes no other warranties, whether expressed or implied, including the implied warranties of merchantability, fitness for a particular purpose, or non-infringement. 4. LIMITATION OF LIABILITY Under no circumstances shall Vendor be liable for any incidental, special or consequential damages, even if Vendor has been advised of the possibility of such damages. In no event shall Vendor's total liability to Licensee for all damages, losses, and causes of action (whether in contract, tort (including negligence) or otherwise) exceed the amount paid by Licensee for the Software. 5. BREACH AND TERMINATION (a) This License is effective until terminated. This License may be terminated by the non-defaulting party if either party materially fails to perform or comply with this License or any provision hereof. (b) Termination shall be effective thirty (30) days after notice of termination to the defaulting party if the defaults have not been cured within such thirty (30) day period. The rights and remedies of the parties provided herein shall not be exclusive and are in addition to any other rights and remedies provided by law or this Agreement. (c) Upon termination of this Agreement, all rights and licenses granted hereunder shall immediately terminate and all Software and other proprietary information of Vendor in the possession of Licensee or under its control, shall be immediately returned to Vendor. End-user licenses properly granted pursuant to this Agreement and prior to termination of this Agreement shall not be diminished or abridged by the termination of this Agreement. 6. Activation INSTALLATION, ACCESS, AND CONTINUED USE OF THE SOFTWARE MAY REQUIRE AN ACTIVATION CODE. AN ACTIVATION CODE IS ISSUED BY TEKSOFT TECHNOLOGY. YOU AGREE THAT TEKSOFT TECHNOLOGY MAY USE DATA AND INFORMATION PROVIDED BY YOU, AN AUTHORIZED RESELLER OR ANY OTHER THIRD PARTY ACTING ON YOUR BEHALF IN CONNECTION WITH YOUR PURCHASE OF THE SOFTWARE LICENSE TO ACTIVATE AND/OR REGISTER THE SOFTWARE. YOU AGREE TO PROVIDE TEKSOFT TECHNOLOGY, AN AUTHORIZED RESELLER OR ANY OTHER THIRD PARTY ACTING ON YOUR BEHALF WITH ACCURATE AND CURRENT REGISTRATION INFORMATION, INCLUDING UPON TEKSOFT TECHNOLOGY'S REQUEST, AND YOU FURTHER AGREE TO MAINTAIN AND UPDATE YOUR REGISTRATION INFORMATION THROUGH CUSTOMER DATA REGISTRATION PROCESSES THAT MAY BE PROVIDED BY TEKSOFT TECHNOLOGY. BY INSTALLING AND USING THE SOFTWARE, YOU CONSENT TO TEKSOFT TECHNOLOGY USING THE PERSONAL INFORMATION PROVIDED TO TEKSOFT TECHNOLOGY AT REGISTRATION, OR UPDATED THEREAFTER, TO ISSUE ACTIVATION CODES, TO MANAGE TEKSOFT TECHNOLOGY'S RELATIONSHIP WITH YOU (INCLUDING AUTOMATING THE ISSUANCE OF ACTIVATION CODES FOR FUTURE PURCHASES), AND TO OTHERWISE USE SUCH PERSONAL INFORMATION IN CONFORMANCE WITH ITS APPLICABLE PRIVACY POLICY, WHICH IS AVAILABLE ON TEKSOFT TECHNOLOGY'S WEBSITE OR ON REQUEST. B. THE ACTIVATION SECURITY MECHANISMS MAY DISABLE THE SOFTWARE IF YOU TRY TO TRANSFER IT TO ANOTHER COMPUTER, IF YOU TAMPER WITH THE DATE SETTING MECHANISMS ON YOUR COMPUTER, IF YOU USE THE SOFTWARE PAST AN APPLICABLE EVALUATION PERIOD OR LIMITED TERM, OR IF YOU UNDERTAKE CERTAIN OTHER ACTIONS THAT MAY OFFSET THE SECURITY MODE. MORE INFORMATION IS CONTAINED IN THE APPLICABLE USER DOCUMENTATION OR AVAILABLE FROM TEKSOFT TECHNOLOGY ON REQUEST. 7. GOVERNING LAW This Agreement is governed by Australia and its state law and the parties to this Agreement submit to the jurisdiction to all level of an Australian court in relation to any matter or dispute arising hereunder. Unpublished-rights are reserved under the laws of NSW and/or Australia. Teksoft Technology Pty Ltd, P.O. Box 1078, 71 Arthur Street, Cabramatta, NSW 2166, Australia.