End User Licence Agreement

TERMS OF SERVICE

THIS IS A LEGAL AGREEMENT BETWEEN YOU AND POLARIS COMMUNICATIONS PTY LTD (ABN 85 027 598 008) (“POLARIS WEBSITE LOGIN”) STATING THE TERMS THAT GOVERN YOUR USE OF THE POLARIS WEBSITE LOGIN SERVICE. THIS AGREEMENT - TOGETHER WITH ALL UPDATES, ADDITIONAL TERMS, AND ALL OF POLARIS RULES AND POLICIES REFERRED TO IN THIS AGREEMENT - COLLECTIVELY CONSTITUTE THE "AGREEMENT" BETWEEN YOU AND POLARIS. TO AGREE TO THESE TERMS, CLICK "AGREE." IF YOU DO NOT AGREE TO THESE TERMS, DO NOT CLICK "AGREE," AND DO NOT USE THE SERVICE. YOU MUST ACCEPT AND ABIDE BY THESE TERMS AS PRESENTED TO YOU; CHANGES, ADDITIONS, OR DELETIONS ARE NOT ACCEPTABLE, AND POLARIS MAY REFUSE ACCESS TO THE POLARIS WEBSITE LOGIN FOR NON-COMPLIANCE WITH ANY PART OF THIS AGREEMENT.

1. Definition of the Polaris Website login Service.

Polaris is the provider of the Polaris Website login (the "Service") that permits you to rent (as applicable) a license for downloads of digital content - such as product pricing, product user guides, product datasheets, and software upgrades - under certain terms and conditions as set forth in this Agreement.

2. Age requirements for use of the Service.

This Service is available for individuals aged 13 years or older. If you are 13 or older but under the age of 18, you should review these terms and conditions with your parent or guardian to make sure that you and your parent or guardian understand these terms and conditions. Additional age restrictions apply for products containing objectionable material.

3. Objectionable Material.

You understand that by using the Service, you may encounter content that may be deemed offensive, indecent, or objectionable, which content may or may not be identified as having explicit language, or violence. Nevertheless, you agree to use the Service at your sole risk and that Polaris shall have no liability to you for content that may be found to be offensive, indecent, or objectionable. Content types (including genres, sub-genres and Podcast categories and sub-categories and the like) and descriptions are provided for convenience, and you acknowledge and agree that Polaris does not guarantee their accuracy.

4. System Requirements.

Use of the Service requires a compatible device, Internet access (fees may apply), and certain software (fees may apply). Because use of the Service involves hardware, software, and Internet access, your ability to use the Service may be affected by the performance of these factors. High speed Internet access is strongly recommended (and is required for downloads). You acknowledge and agree that such system requirements, which may be changed from time to time, are your responsibility, and that the Service may query your system and any connected devices solely to determine compatibility with the Service and need for any upgrades. The Service is not part of any other product or offering, and no purchase or rental (as applicable) or obtaining of any other product shall be construed to represent or guarantee you access to the Service.

5. Policies and Rules.

Your use of the Service and transactions made through it are subject to the Polaris Terms and Conditions, which can be readily viewed or other terms and conditions required for use of the Service, all of which are hereby made a part of this Agreement. If you have not already read Polaris's Terms and Conditions, you should do so now. Your download product data sheets and user guides products made through the Service is subject to any end-user agreements or other terms and conditions required for use of such products (which must be accepted in order to download such products), all of which are hereby made a part of this Agreement.

6. Privacy

a. Polaris’s Privacy Policy. Except as otherwise expressly provided for in this Agreement, the Service is subject to Polaris’s Privacy Policy, which is expressly made a part of this Agreement.

7. User Account and Security.

Account and Password. As a registered user of the Service, you may receive or establish an account (“Account”). You are solely responsible for maintaining the confidentiality and security of your Account. You should not reveal your Account information to anyone else or use anyone else’s Account. You are entirely responsible for all activities that occur on or through your Account, and you agree to immediately notify Polaris of any unauthorised use of your Account or any other breach of security. Polaris shall not be responsible for any losses arising out of the unauthorised use of your Account.

8. Downloading Polaris Content

Usage Rules.

Your use of the Products is conditioned upon your prior acceptance of the terms of this Agreement.

You shall be authorised to use the Products only for personal, non-commercial use, and not for redistribution, transfer, assignment or sublicense, to the extent permitted by law.

For details of your rights and restrictions on your rights to use the Products, see:
www.copyright.org.au: or
www.ipaustralia.gov.au/ip/copyright.shtml: or
www.copyright.asn.au

Your license of Products as authorised hereunder permits you to use the Products at any time, as described below.

You shall be authorised to burn a product datasheet and product user guide up to seven times.

You shall not be entitled to download Video or Interactive User Guides.

You shall be entitled to export, burn (if applicable) or copy (if applicable) Products solely for personal, non-commercial use.

The delivery of Products does not transfer to you any commercial or promotional use rights in the Products.

Usage rules for software Products are governed by the terms of any end-user agreements or other terms and conditions required for use of such products.

You acknowledge that some aspects of the Service, Products and administering of the Usage Rules entail the ongoing involvement of Polaris. Accordingly, in the event that Polaris changes any part of the Service or discontinues the Service, which Polaris may do at its election, you acknowledge that you may no longer be able to use Products to the same extent as prior to such change or discontinuation, and that Polaris shall have no liability to you in such case

The Service may offer interactive features that allow you to, among other things, submit or post information, materials or links to third party content on areas of the Service accessible and viewable by other users of the Service and the public. You represent and agree that any use by you of such features, including any information, materials or links submitted or posted by you, shall be your sole responsibility, shall not infringe or violate the rights of any other party or violate any laws, contribute to or encourage infringing or otherwise unlawful conduct, or otherwise be obscene, objectionable or in poor taste, and that you have obtained all necessary rights, licenses or clearances. You further agree to provide accurate and complete information in connection with your submission or posting of any information or materials on the Service. Moreover, you hereby grant Polaris a worldwide, royalty-free, non-exclusive license to use such materials as part of the Service, and in relation to Products, without any compensation or obligation to you.

Polaris reserves the right not to post or publish any materials, and to delete, remove or edit any material, at any time in its sole discretion without notice or liability.

Polaris has the right, but not the obligation, to monitor any information and materials submitted or posted by you or otherwise available on the Service, to investigate any reported or apparent violation of this Agreement, and to take any action that Polaris in its sole discretion deems appropriate, including, without limitation.

9. Territory.

The Service is currently available to you only in Australia, and is not available in any other location. You agree not to use or attempt to use the Service from outside of the available territory, and that Polaris may use technologies to verify your compliance.

10. Intellectual Property.

Acknowledgement of Ownership. You agree that the Service, including but not limited to Products, graphics, audio clips, video clips, and editorial content, contains proprietary information and material that is owned by Polaris and/or its licensors, and is protected by applicable intellectual property and other laws, including but not limited to copyright, and that you will not use such proprietary information or materials in any way whatsoever except for use of the Service in compliance with the terms of this Agreement. No portion of the Service may be reproduced in any form or by any means, except as expressly permitted hereunder. You agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on the Service, in any manner, and you shall not exploit the Service in any unauthorised way whatsoever, including but not limited to, by trespass or burdening network capacity.

Removal of Polaris Content or Other Materials. Notwithstanding any other provision of this Agreement, Polaris and its licensors reserve the right to change, suspend, remove or disable access to any Products, content, or other materials comprising a part of the Service at any time without notice. In no event will Polaris be liable for the removal of or disabling of access to any such Products, content or materials under this Agreement. Polaris may also impose limits on the use of or access to certain features or portions of the Service, in any case and without notice or liability.

Copyrights. All copyrights in and to the Service, including but not limited to, the Polaris Website login (including the compilation of content, postings, links to other Internet resources, and descriptions of those resources), and software, are owned by Polaris and/or its licensors, who reserve all of their rights in law and equity. THE USE OF THE SOFTWARE OR ANY PART OF THE SERVICE, EXCEPT FOR USE OF THE SERVICE AS PERMITTED IN THESE TERMS OF SERVICE, IS STRICTLY PROHIBITED AND INFRINGES ON THE INTELLECTUAL PROPERTY RIGHTS OF OTHERS AND MAY SUBJECT YOU TO CIVIL AND CRIMINAL PENALTIES, INCLUDING POSSIBLE MONETARY DAMAGES, FOR COPYRIGHT INFRINGEMENT.

11. General Compliance with Laws.

The Service is controlled and operated by Polaris from its offices in Australia. You agree to comply with all local, state, federal and national laws, statutes, ordinances and regulations that apply to your use of the Service.

12. Enforcement of These Terms.

Polaris reserves the right to takes steps Polaris believes are reasonably necessary or appropriate to enforce and/or verify compliance with any part of this Agreement (including but not limited to Polaris Website Login to cooperate with any legal process relating to your use of the Service and/or Products, and/or a third party claim that your use of the Service and/or Products is unlawful and/or infringes such third party's rights). You agree that Polaris has the right, without liability to you, to disclose any Registration Data and/or Account information to law enforcement authorities, government officials, and/or a third party, as Polaris believes is reasonably necessary or appropriate to enforce and/or verify compliance with any part of this Agreement (including but not limited to Polaris's right to cooperate with any legal process relating to your use of the Service and/or Products, and/or a third party claim that your use of the Service and/or Products is unlawful and/or infringes such third party's rights).

13. No Responsibility for Third-Party Materials or Web sites.

Certain content, Products and services available via the Service may include materials from third parties. In addition, Polaris may provide links to certain third-party websites. You acknowledge and agree that Polaris is not responsible for examining or evaluating the content or accuracy of any such third-party material or Web sites. Polaris does not warrant or endorse and does not assume and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third parties. Links to other websites are provided solely as a convenience to you.

14. Changes.

Polaris reserves the right, at any time and from time to time, to update, revise, supplement and otherwise modify this Agreement and to impose new or additional rules, policies, terms or conditions on your use of the Service. Such updates, revisions, supplements, modifications, and additional rules, policies, terms, and conditions (collectively referred to in this Agreement as "Additional Terms”) will be effective immediately and incorporated into this Agreement. Your continued use of the Polaris Website login following will be deemed to constitute your acceptance of any and all such Additional Terms. All Additional Terms are hereby incorporated into this Agreement by this reference.

15. Notices.

Polaris may send you notice with respect to the Service by sending an email message to the email address listed in your Polaris Account contact information, by sending a letter via postal mail to the contact address listed in your Polaris Account contact information. Notices shall become effective immediately.

16. Governing Law.

This Agreement and the use of the Service are governed by the laws of Victoria.

17. Miscellaneous.

These Terms of Service constitute the entire agreement between you and Polaris and govern your use of the Service, superseding any prior agreements between you and Polaris. You also may be subject to additional terms and conditions that may apply when you use affiliate services, third-party content, or third-party software. If any part of these Terms of Service is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect. Polaris's failure to enforce any right or provisions in these Terms of Service will not constitute a waiver of such provision, or any other provision of these Terms of Service. If any provision of this Agreement is found by a court of competent jurisdiction to be invalid, the other provisions will remain in full force and effect. Polaris will not be responsible for failures to fulfil any obligations due to causes beyond its control.

About Polaris.

Our ABN is 85 027 598 008 and our registered office is at 393 Flemington Road, North Melbourne, VIC, 3051, Australia.
Last updated: June 9, 2009