This website ("Website") is owned and operated by Acumen Data Systems Pty Ltd (ABN 95 063 584 878) ("ADS"). Your access to the Website is conditional upon your acceptance and compliance with the terms, conditions, notices and disclaimers contained in this document and elsewhere on the Website ("Terms of Use"). Your use of and/or access to the Website constitutes your agreement to the Terms of Use. ADS reserves the right to amend the Terms of Use at any time.

Content on the Web Site
All information, material, graphics, software and advertisements on the Website ("Content") are Copyright © 2001 ADS, unless expressly indicated otherwise on the Website. The Content is protected by Australian and international copyright and trade mark laws. You agree that you will not modify, copy, reproduce, republish, frame, upload to a third-party site, transmit or distribute this Content in any way except as expressly provided for on the Website or expressly authorized in writing by ADS. On the condition that you keep all Content intact and in the same form as presented on the Website (including without limitation all copyright, trade mark and other proprietary notices and all advertisements), you may, using a Web browser, download and view the Content for your personal, non-commercial use. You must not use the Website in any manner or for any purpose which is unlawful or in any manner which violates any right of ADS or which is prohibited by the Terms of Use.

Discussion Forums
The Website contains discussion forums, which enable users of the Website and ADS's software to discuss issues of relevance and provide feedback to ADS.
It is a condition of your use of these Forums and your access to the Website that you do not do any of the following:

• Restrict or inhibit any other user from using or enjoying the Website;
• Post or transmit any unlawful, threatening, abusive, defamatory, obscene, pornographic or indecent information or material of any kind, including without limitation any transmissions constituting or encouraging conduct that would constitute a criminal offence, give rise to civil liability or otherwise violate any applicable law;
• Post or transmit any material which violates or infringes upon the rights of any other person, including material which is an infringement of privacy or publicity rights or which is protected by copyright, trade mark or any other proprietary right;
• Post or transmit any material which contains a virus or other harmful element;
• Post, transmit or in any way exploit any material for commercial purposes, including promotional or advertising purposes;
• Delete or modify any author attributions, legal notices or proprietary designations or labels in any file that is uploaded;
• Download any file posted by any other user of the Website if you know, or reasonably ought to know, that the file cannot legally be distributed in such manner.

ADS may from time to time monitor or review the contents of its Discussion Forum. ADS reserves the right to edit, refuse to post or to remove any information and/or materials (in whole or in part) that it considers, in its sole discretion, to be in any way objectionable or in violation of any applicable law or the Terms of Use. ADS has no obligation whatsoever to monitor any Discussion Forum or to edit, delete or refuse to post such contents, nor is ADS responsible for any contents in any Discussion Forums (including any information, comments and/or advice of any individual whose statements on the Website are solely their own). You expressly acknowledge and agree that the Discussion Forums provide a means of public and not private communications. ADS reserves the right to cooperate fully with any law enforcement authority in any jurisdiction in respect of any lawful direction or request to disclose the identity or other information in respect of anyone posting any materials which violate any applicable law.

User License to ADS
By placing any information or other material on the Website (including posting messages, uploading files, inputting data or engaging in any other form of communication), you grant to ADS a perpetual, royalty-free, non-exclusive, irrevocable, unrestricted, worldwide license to do the following in respect of the information or material:
1. Use, copy, sublicense, redistribute, adapt, transmit, publish and/or broadcast, or publicly display; and
2. Sublicense to any third parties the unrestricted right to exercise any of the foregoing rights granted.
The foregoing grant includes the right to exploit all proprietary rights in any such information or other material including but not limited to rights under copyright, trade mark, service mark or patent laws under any jurisdiction worldwide. You expressly waive in favor of ADS and any other party authorized by ADS all moral rights and any similar rights in any jurisdiction, which you may have or hereafter acquire in respect of any relevant communication or other material. At the request and expense of ADS, you will execute and deliver to ADS such instruments and take such other actions as may be required to carry out this grant of license and waiver.

Links to Other Sites
The Website contains hyperlinks to Internet websites operated by third parties. These linked websites are not under the control of ADS, and ADS does not necessarily sponsor, endorse, or approve of any material, products or services on such sites. ADS provides these hyperlinks to you as a convenience only, and makes no warranties or representations regarding the quality, accuracy, merchantibility or fitness for purpose of any material on other web sites to which Material is linked. You link to any such website entirely at your own risk.

Limitation of Liability
To the maximum extent permitted by applicable law, ADS disclaims all warranties or conditions with respect to the provision by ADS of goods or services on the Website, whether express or implied, including but not limited to the implied warranties of merchantability, fitness for purpose, and non-infringement of third party rights. Except to the extent that any applicable law implies any terms which cannot be lawfully excluded, all Content is provided "as is" and without warranties of any kind, either express or implied. ADS does not warrant that the functions contained in any Content or any Discussion Forum or your access to the Website will be uninterrupted or error-free, that any defects will be corrected or that the Website or the server which stores and transmits Content to you is free of viruses or any other harmful elements. ADS does not warrant or make any representation regarding your access to, or the results of your access to, the Website (including any related or linked web sites) or any Content in terms of correctness, accuracy, timeliness, completeness, reliability or otherwise.

Under no circumstances (including but not limited to any act or omission on the part of ADS) will ADS be liable for any indirect, incidental, special and/or consequential damages or loss of profits whatsoever which result from any use or access of, or any inability to use or access, the Website or any Content. You expressly acknowledge and agree that ADS does not exert control over users of the Website and is not liable either for their opinions or their behaviour including any information and/or advice and any defamatory statements or offensive conduct. To the fullest extent permitted by law, ADS's liability for breach of any implied warranty or condition, which cannot be excluded, is limited at the option of ADS to the following:

1. In the case of services supplied or offered by ADS:

(a) the supply of the services again; or
(b) the payment of the cost of having services supplied again.

2. In the case of goods supplied or offered by ADS:

(a) the replacement of the goods or the supply of equivalent goods;
(b) the repair of such goods;
(c) the payment of the cost of replacing the goods or acquiring equivalent goods; or
(d) the payment of the cost of having the goods repaired.

Termination
The Terms of Use are effective until terminated by ADS, and ADS may terminate this agreement and your access to the Website at any time without notice. In the event of termination, you are no longer authorized to access the Website, but all restrictions imposed on you, licenses granted by you and all ADS disclaimers and limitations of liability set out in the Terms of Use will survive.

Trade marks of ADS
The trademarks listed below are trade marks of ADS. Nothing contained on the Website should be construed as granting any license or right of use of any trade mark displayed on the Website without the express written permission of ADS.
Surgical Director®; …

Miscellaneous
This agreement will be governed by and construed in accordance with the laws of Queensland, Australia. You irrevocably and unconditionally submit to the non-exclusive jurisdiction of the courts of Queensland, Australia. If any provision of this agreement is found to be invalid or unenforceable by a court of law, such invalidity or unenforceability will not affect the remainder of the agreement, which will continue in full force and effect. All rights not expressly granted herein are reserved.

Use of Software
Any software that is made available for download from this Website ("Software") is the copyrighted work of ADS. Any use of Software and accompanying documentation, which you download from the Website, is subject to the terms of the End User License Agreement between you and ADS and which accompanies or is included with the Software. You must read the End User License Agreement and indicate your agreement to its terms prior to installing or using the Software. All rights, title and interest not expressly granted are reserved. The Software is made available for downloading solely for use by end users according to the End User License Agreement. Any reproduction or redistribution of the Software not in accordance with the End User License Agreement is expressly prohibited by law.

© 2001 Acumen Data Systems Pty Ltd