THE ABA PUBLIC LICENCE 0. Australian Business Access Pty Ltd (ACN 070 045 117) owns Software which it wishes to make available to the general public without charge. This Licence, issued on October 1 1998, governs the terms and conditions under which Software that ABA so designates may be used. No other licence is granted or implied other than what is explicitly stated herein. 1. For the purposes of this Licence, the term "Software" refers to all files containing a copyright notice referring to "The ABA Public Licence", and all derivative works. If this Licence is applied to a source file, then it applies equally to all compiled, encoded, executable or encrypted formats. Likewise if this Licence is applied to a file it applies to all subsequent modifications to the file. 2. For the purposes of this Licence, the term "Permitted Uses" refers to the compilation, linking, execution, modification, copying and distribution of the Software. 3. For the purposes of this Licence, the term "Licensee" applies to any individual or organisation who elects to agree to the full terms and conditions of the Licence, and hence who may put the Software to the Permitted Uses. 4. If any law or regulation prevents an individual or organisation from being bound by each and every term and condition of this Licence, then no licence whatsoever is granted and the party may not become a Licensee. 5. GRANT OF LICENCE. Australian Business Access hereby grants Licence to the accompanying Software for the Permitted Uses subject to all of the following conditions being met: a) This Licence must remain intact and unaltered, and accompany each and every copy of the Software. b) The Licensee must not alter or remove any mark or notice of ownership, copyright, trademark or any other property right that has been placed on the Software. c) Modified files must contain a prominent notice stating the date, purpose, location and author of each change. d) All modifications must be promptly emailed to sec@aba.net.au. e) A copy of the Software must be supplied to recipient of a work, product or service which uses the Software. This condition will be considered fulfilled if the recipient is notified in writing of the Australian Business Access web site address "www.aba.net.au". f) Any work, product or service using the Software must be supplied with a prominent notice acknowledging Australian Business Access and the use of the Software. g) No charge whatsoever may be made for copying or distributing the Software. h) Notwithstanding condition (g), the Software may be incorporated into any commercial work, product or service which has functionality in excess of that provided by the Software. 6. Australian Business Access hereby asserts total ownership of any derivative works created consequential to the Permitted Uses of the Software. Notwithstanding this right of ownership, Australian Business Access waives all ownership and interest in any work created by a Licensee which simply utilises the Software as a module or library. Under no circumstances does this waiver apply to the Software itself or any modification thereof. 7. If you have any copy of Software covered by this Licence and you are not a Licensee, you must destroy each such copy as soon as possible. 8. The Licensee is hereby notified that: a) The Software may contain cryptographic technology that is subject to the import or export controls of certain countries. b) The Software may contain technology patented in some countries and therefore require additional licensing from the patent holders in those countries prior to use. 9. Australian Business Access makes no claim or representation that the use of the Software will not infringe any third party's rights. 10. The Software is provided with NO WARRANTY explicit or implied. Australian Business Access does not claim or represent any suitability of purpose or guarantee of correct operation. This is free software. If it breaks you get to keep both pieces. 11. The Software is put to its Permitted Uses solely at the discretion and risk of the Licensee. Furthermore, the Licensee agrees to indemnify Australian Business Access from any and all actions or damages arising from, or consequential to, the Permitted Use of the Software. 12. This Licence, and the rights it grants, are solely governed by the Laws of the State of Victoria, Australia. 13. Australian Business Access may be contacted in the following ways: Phone: +61 3 8341 2400 Fax: +61 3 8341 2499 Email: enquiries@aba.net.au Address: Level 2, 33 Lincoln Square South Carlton, Victoria 3053, Australia