About this web site

This is a web site operated by Sun eSystems under your domain name . The Web Site is operated on behalf of Sun eSystems and its related bodies corporate (together called "Sun eSystems").

Your use of the information, graphics and materials on the Web Site ("Material on this web site") is governed by these Terms of Use and the Privacy and Security Statement.

In addition to the terms contained in this document, there are also specific terms which form part of the Terms of Use and govern your use of, and access to, certain sections of the Web Site. Since you are also bound by these additional terms, you should review them wherever they are accessible by you on the Web Site.

Links to other web sites

The Web Site may contain links to other web sites operated by third parties ("Third Party Web Sites"). Sun eSystems does not endorse, or approve of the operators of Third Party Web Sites, or the information, graphics and material on those Third Party Web Sites ("Third Party Material").

Subject to any applicable law which cannot be excluded, Sun eSystems makes no warranties or representations:

• regarding the quality, accuracy, merchantability or fitness for purpose of Third Party Material or products or services available through Third Party Web Sites; or
• that Third Party Material does not infringe the intellectual property rights of any person. Sun eSystems is not authorising the reproduction of Third Party Material by linking Material on this web site to Third Party Material.

When you follow a link on the Web Site, material at a Third Party Web Site may be displayed in your browser framed by Material on this web site. This material is also Third Party Material for the purpose of these Terms of Use.

All offers to sell and statements relating to goods and services available on Third Party Web Sites are the responsibility of and given by the Third Party Web Site operator. In so far as such offers and statements are made on the Web Site, such offers and statements are made by the Sun eSystems on behalf of the operator. Sun eSystems expressly disclaims acting in any other respect on behalf of Third Party Web Site operators.

Sun eSystems may receive payments from operators of Third Party Web Sites in relation to goods or services supplied by the operator as a result of you linking to the Third Party Web Site from the Web Site.

Third Party Software

Unless otherwise indicated software downloads available via links from the Web Site are third party products. These products may be subject to a licence agreement between you and the relevant product owner. To the extent permitted by law, Sun eSystems accept no liability in respect of such third party products and Sun eSystems provide no warranty and give no endorsement in respect of such products or any party connected with them. We do, however, welcome your feedback or suggestions concerning these products.

Sun eSystems Product Information and Supply

Material on this web site may contain general information about Sun eSystems products and services. Unless expressly stated otherwise, this information:

• does not constitute an offer or inducement to enter into a legally binding contract; and
• does not form part of the terms and conditions for Sun eSystems products and services.

For further information about a particular product or service please complete the e-form on the product or service page. Material on this web site does not apply to products obtained through Sun eSystems Direct.

All applications for credit are subject to Sun eSystems normal credit approval criteria.

Warranties

While we have made every effort to ensure that information is free from error, Sun eSystems does not warrant the accuracy, adequacy or completeness of Material on this web site. All information is subject to change without notice. Sun eSystems recommends that you seek independent advice before acting upon Material on this web site or Third Party Material. Sun eSystems does not guarantee that the Web Site or Third Party Web Sites will be free from viruses, or that access to the Web Site or Third Party Web Sites will be uninterrupted.

Limitation of Liability

Subject to any responsibilities implied by law and which cannot be excluded, no member of Sun eSystems is liable to you for any losses, damages, liabilities, claims and expenses (including but not limited to legal costs and defence or settlement costs) whatsoever arising out of or referable to Material on the Web Site or to Third Party Material, whether in contract, tort including negligence, statute or otherwise.

Liability of any member of the Sun eSystems for a breach of a condition or warranty implied by law or otherwise, and which cannot be excluded, is limited to the extent possible, at Sun eSystems option, to:

• the supply of the goods or services again;
• the repair of the goods; or
• the payment of the cost of having the goods or services supplied again or repaired.

Termination

These Terms of Use (and the agreement constituted by your use of the information, graphics and materials on the Web Site) and your access to the Web Site may be terminated at any time by without notice. All restrictions, licences granted by you and all disclaimers and limitations of liability will survive termination, however, you will no longer be authorised to access the Web Site.

Copyright and Trademarks

Copyright in the Material on this Web Site is owned or licensed by Sun eSystems .

Except where necessary for viewing the Material on this web site on your browser, or as permitted under the Copyright Act 1968 (Cth) or other applicable laws or these Terms of Use, no Material on this web site may be reproduced, adapted, uploaded to a third party, linked to, framed, performed in public, distributed or transmitted in any form by any process without the specific written consent of Sun eSystems .

All associated trademarks, are trademarks of Sun eSystems.

Linking to Inspections Manager Web Site

Please contact Sun eSystems if you would like to place a link to any part of the Web Site.

Acceptance and Changes to Terms of Use

You acknowledge and accept that your use of the Web Site indicates your acceptance of these Terms of Use and the Privacy and Security Statement.

These are the current Terms of Use. They replace any other terms of use for the Web Site published on the Web Site to date. Sun eSystems may at any time vary the Terms of Use by publishing the varied Terms of Use on the Web Site. You accept that by doing this, Sun eSystems has provided you with sufficient notice of the variation.

Sun eSystems reserves any rights not expressly granted in these Terms of Use.

Date of Publication - April 2009 - Version 4