Disclaimer

POWERBOW PTY LTD Web Site Agreement

The POWERBOW Web Site (the "Site") is an online information service provided by POWERBOW PTY LTD ("POWERBOW"), subject to your compliance with the terms and conditions set forthbelow. PLEASE READ THIS DOCUMENT CAREFULLY BEFORE ACCESSING OR USING THE SITE. BY ACCESSING OR USING THE SITE, YOU AGREE TOBE BOUND BY THE TERMS AND CONDITIONS SET FORTH BELOW. IF YOU DO NOT WISH TO BE BOUND BY THESE TERMS AND CONDITIONS, YOUMAY NOT ACCESS OR USE THE SITE. POWERBOW MAY MODIFY THIS AGREEMENT AT ANY TIME, AND SUCH MODIFICATIONS SHALL BE EFFECTIVE IMMEDIATELY UPON POSTING OF THE MODIFIED AGREEMENTON THE SITE. YOU AGREE TO REVIEW THE AGREEMENT PERIODICALLY TOBE AWARE OF SUCH MODIFICATIONS AND YOUR CONTINUED ACCESS ORUSE OF THE SITE SHALL BE DEEMED YOUR CONCLUSIVE ACCEPTANCE OFTHE MODIFIED AGREEMENT.

1. Copyright, Licenses and Idea Submissions.

The entire contents of the Site are protected by international copyright and trademark laws. The owner of the copyrights and trademarks are POWERBOW, its affiliates or other third party licensors. YOU MAY NOT MODIFY, COPY, REPRODUCE, REPUBLISH, UPLOAD, POST, TRANSMIT, OR DISTRIBUTE, IN ANY MANNER, THEMATERIAL ON THE SITE, INCLUDING TEXT, GRAPHICS, CODE AND/OR SOFTWARE. You may print and download portions of material fromthe different areas of the Site solely for your own non-commercialuse provided that you agree not to change or delete any copyright orproprietary notices from the materials. You agree to grant to POWERBOW a non-exclusive, royalty-free, worldwide, perpetual license, with the right to sub-license, to reproduce, distribute,transmit, create derivative works of, publicly display and publiclyperform any materials and other information (including, withoutlimitation, ideas contained therein for new or improved products andservices) you submit to any public areas of the Site (such as bulletin boards, forums and newsgroups) or by e-mail to POWERBOW by allmeans and in any media now known or hereafter developed. You alsogrant to POWERBOW the right to use your name in connection withthe submitted materials and other information as well as inconnection with all advertising, marketing and promotional material related there to. You agree that you shall have no recourse against POWERBOW for any alleged or actual infringement or misappropriation of any proprietary right in your communications to POWERBOW.

Publications, products, content or services referenced herein or onthe Site are the exclusive trademarks or servicemarks ofPOWERBOW. Other product and company namesmentioned in the Site may be the trademarks of their respectiveowners.

2. Use of the Site.

You understand that, except for information, products or servicesclearly identified as being supplied by POWERBOW, POWERBOW does not operate, control or endorse any information, products orservices on the Internet in any way. Except for POWERBOW-identified information, products or services, all information,products and services offered through the Site or on the Internetgenerally are offered by third parties, that are not affiliated with POWERBOW a. You also understand thatPOWERBOW cannot and does not guarantee or warrant that files available for downloadingthrough the Site will be free of infection or viruses, worms, Trojanhorses or other code that manifest contaminating or destructive properties. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirementsfor accuracy of data input and output, and for maintaining a meansexternal to the Site for the reconstruction of any lost data.

YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THESITE AND THE INTERNET. POWERBOW PROVIDES THE SITE ANDRELATED INFORMATION "AS IS" AND DOES NOT MAKE ANY EXPRESS OR IMPLIED WARRANTIES, REPRESENTATIONS OR ENDORSEMENTSWHATSOEVER (INCLUDING WITHOUT LIMITATION WARRANTIES OFTITLE OR NON INFRINGEMENT, OR THE IMPLIED WARRANTIES OFMERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE) WITHREGARD TO THE SERVICE, ANY MERCHANDISE INFORMATION ORSERVICE PROVIDED THROUGH THE SERVICE OR ON THE INTERNETGENERALLY, AND POWERBOW SHALL NOT BE LIABLE FOR ANY COSTOR DAMAGE ARISING EITHER DIRECTLY OR INDIRECTLY FROM ANY SUCHTRANSACTION. IT IS SOLELY YOUR RESPONSIBILITY TO EVALUATE THE ACCURACY, COMPLETENESS AND USEFULNESS OF ALL OPINIONS,ADVICE, SERVICES, MERCHANDISE AND OTHER INFORMATION PROVIDEDTHROUGH THE SERVICE OR ON THE INTERNET GENERALLY.POWERBOW DOES NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE OR THAT DEFECTS IN THE SERVICEWILL BE CORRECTED.

YOU UNDERSTAND FURTHER THAT THE PURE NATURE OF THE INTERNET CONTAINS UNEDITED MATERIALS SOME OF WHICH ARE SEXUALLY EXPLICIT OR MAY BE OFFENSIVE TO YOU. YOUR ACCESS TO SUCH MATERIALS IS AT YOUR RISK. POWERBOW HAS NO CONTROL OVER AND ACCEPTS NO RESPONSIBILITY WHATSOEVER FOR SUCH MATERIALS.

LIMITATION OF LIABILITY

IN NO EVENT WILL POWERBOW BE LIABLE FOR (I) ANY INCIDENTAL, CONSEQUENTIAL, OR INDIRECT DAMAGES (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, BUSINESS INTERRUPTION, LOSS OF PROGRAMS OR INFORMATION, AND THE LIKE)ARISING OUT OF THE USE OF OR INABILITY TO USE THE SERVICE, ORANY INFORMATION, OR TRANSACTIONS PROVIDED ON THE SERVICE, ORDOWNLOADED FROM THE SERVICE, OR ANY DELAY OF SUCH INFORMATION OR SERVICE. EVEN IF POWERBOW OR ITSAUTHORIZED REPRESENTATIVES HAVE BEEN ADVISED OF THEPOSSIBILITY OF SUCH DAMAGES, OR (II) ANY CLAIM ATTRIBUTABLE TOERRORS, OMISSIONS, OR OTHER INACCURACIES IN THE SERVICEAND/OR MATERIALS OR INFORMATION DOWNLOADED THROUGH THESERVICE. BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IN SUCHSTATES, POWERBOW LIABILITY IS LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.151

POWERBOW makes no representations whatsoever about any otherweb site which you may access through this one or which may link tothis Site. When you access a non-POWERBOW web site, pleaseunderstand that it is independent from POWERBOW, and that POWERBOW has no control over the content on that web site. Inaddition, a link to a POWERBOW web site does not mean that POWERBOW endorses or accepts any responsibility for the content,or the use, of such web site.

3. Indemnification.

You agree to indemnify, defend and hold harmless POWERBOW, its officers, directors, employees, agents, licensors, suppliers and anythird party information providers to the Service from and against alllosses, expenses, damages and costs, including reasonable attorneys'fees, resulting from any violation of this Agreement (includingnegligent or wrongful conduct) by you or any other person accessingthe Service.

4. Third Party Rights.

The provisions of paragraphs 2 (Use of the Service), and 3(Indemnification) are for the benefit of POWERBOW and itsofficers, directors, employees, agents, licensors, suppliers, and anythird party information providers to the Service. Each of theseindividuals or entities shall have the right to assert and enforcethose provisions directly against you on its own behalf.

5.Term; Termination.

This Agreement may be terminated by either party without notice atany time for any reason. The provisions of paragraphs 1 (Copyright,Licenses and Idea Submissions), 2 (Use of the Service), 3(Indemnification), 4 (Third Party Rights) and 6 (Miscellaneous) shallsurvive any termination of this Agreement.

6.Miscellaneous.

This Agreement shall all be governed and construed in accordance with the laws of Australia applicable to agreements made and to be performed in Australia. You agree that any legal action or proceeding between POWERBOW and you for any purpose concerning this Agreement or the parties' obligations hereunder shall be brought exclusively in a federal or state court of competent jurisdiction sitting in Australia . Any cause of action or claim you may have with respect to the Service must be commenced within one (1) year after the claim or cause of action arises or such claim or cause of action is barred. POWERBOW's failure to insist upon or enforce strict performance of any provision of this Agreement shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any provision of this Agreement. POWERBOW may assign its rights and duties under this Agreement to any party at any time without notice to you.

Any rights not expressly granted herein are reserved.