TRUSTDEFENDER
(SYMBIOTIC TECHNOLOGIES OPERATIONS PTY LTD)
END USER LICENCE AGREEMENT

PLEASE READ THE FOLLOWING LICENCE AGREEMENT CAREFULLY.

This is a legal agreement ("Agreement") between you (either as an individual or if you are employee of a company or other entity and you are acting on behalf of the company or other entity, you enter into this agreement on behalf of your company of that other entity) and Symbiotic Technologies Operations Pty Ltd (“TrustDefender”)” for the TrustDefender Macquarie Credit Union OEM version of the software and the accompanying documentation (collectively "Software").

BY INSTALLING THE SOFTWARE, YOU AGREE TO BE BOUND BY THE CONDITIONS OF THIS AGREEMENT.

1. Macquarie Credit Union LTD
As part of Macquarie Credit Union LTD’s (“Macquarie Credit Union”) commitment to provide its customers with premium banking services Macquarie Credit Union has arranged for you to be able to use the TrustDefender Software. If you want to use the Software, and provided that you accept that your use of the Software is based on you entering into a legally binding agreement with TrustDefender on the terms and conditions of this Agreement, then you can download the Software.

2. GRANT OF LICENCE
TrustDefender grants you a non-exclusive, non-transferrable, revocable licence to download the Software onto one or more personal computers used by you solely to use the Software in connection with your certain accounts that Macquarie Credit Union permits the Software to be used. This licence is granted for the period of your relationship with Macquarie Credit Union, unless terminated sooner in accordance with this Agreement.

The Software cannot be used with any other Macquarie Credit Union accounts or any accounts or data relating to any other credit union, financial institution or other entity.

You must use the Software in accordance with all laws that apply in the country where you are using the Software, including without limitation any laws relating to the download, export or re-export of information or technology, and the use of information or technology by certain prohibited persons.

3. RESTRICTIONS
You are not permitted to adapt, translate, modify, create derivative works from, the Software or communicate the Software to the public. You may not lease, rent, loan, resell, sub-license, disclose, publish, redistribute the Software or use it for any other purpose. You may not copy the Software, except to the extent permitted by law. You may not transfer any of the rights granted to you under this Agreement. You may not reverse engineer, decompile, disassemble or otherwise attempt to determine source code or protocols from the Software except to the extent permitted by law. You are not granted any implied rights to use the Software.

4. OWNERSHIP RIGHTS
The Software is protected by copyright laws and international treaty provisions. TrustDefender retains all right, title and interest in and to the Software, including all copyrights, patents, trade secret rights, trade marks and other intellectual property rights therein. Your installation or use of the Software does not transfer to you any title to the intellectual property in the Software.

5. SOFTWARE UPGRADES
You are entitled to receive revisions and updates ("Maintenance Releases") to the Software if, as and when TrustDefender makes any such Maintenance Releases generally available to Macquarie Credit Union customers.

6. SOFTWARE CHANGES
TrustDefender reserves the right at any time not to release or to discontinue release of any Software and to alter prices, features, specifications, capabilities, functions, licensing terms, release dates, general availability or other characteristics of the Software. You are entitled to receive Maintenance Releases to the Software when made generally available to Macquarie Credit Union customers.

7. WARRANTY AND DISCLAIMER

a. Limited Warranty. TrustDefender warrants that the Software will perform substantially in accordance with the accompanying written materials for a period of ninety (90) days from the date of purchase. TrustDefender’s entire liability and your exclusive remedy shall be, at TrustDefender’s option either, (i) refund of the purchase price paid for the licence or fifty dollars (whichever is the greater), or (ii) replacement of the Software.

b. Disclaimer. Except for the Limited Warranty the Software is provided "AS IS". To the maximum extent permitted by applicable law, TrustDefender disclaims all warranties, either express or implied, including but not limited to implied warranties of merchantability and fitness for a particular purpose with respect to the Software. TrustDefender does not warrant that operation of the Software will be uninterrupted or
error-free or that the Software will meet your requirements.

8. LIMITATION OF LIABILITY
To the maximum extent permitted by applicable law, in no event shall TrustDefender be liable for any direct, special, incidental, indirect, or consequential damages of any character (including, without limitation, alleged systems damage, damage to database(s), any direct damage or consequential damage to computer systems, database and other software, damages for loss of profits or confidential or other
information, for business interruption, for personal injury, for failure to meet any duty including of good faith or of reasonable care, for negligence, and for any other damages or losses) arising out of or in any way related to the use of or inability to use the Software, the provision of or failure to provide support services or Maintenance Releases, or otherwise under or in connection with any provision of this Agreement, even if Trustdefender has been advised of the possibility of such damages. In any event, to
the maximum extent permitted by law, the maximum liability of TrustDefender for any loss, damage or expense arising under or in connection with this Agreement is fifty dollars.

9. TERMINATION
This Agreement is effective until terminated. You may terminate this Agreement at any time by destroying all copies of Software. This Agreement will terminate automatically if you cease to have a relationship with Macquarie Credit Union, or Macquarie Credit Union ceases to have a relationship with TrustDefender. This Agreement will terminate immediately without notice from TrustDefender if you fail to comply with any provision of this Agreement.
Upon termination, you must destroy all copies of Software.

10. HIGH RISK ACTIVITIES
The Software is not fault-tolerant and is not designed, manufactured or intended for use as on-line control equipment in hazardous environments requiring fail-safe performance, such as in the operation of nuclear facilities, aircraft navigation or communication systems, air traffic control, direct life support machines, or weapons systems, in which the failure of the Software could lead directly to death, personal injury, or severe physical or environmental damage ("High Risk Activities"). Accordingly, TrustDefender specifically
disclaims any express or implied warranty of fitness for High Risk Activities. You agree that TrustDefender will not be liable for any claims or damages arising from the use of the Software in such applications.

11. GOVERNING LAW
The laws of the State of New South Wales, Australia, shall govern this Agreement. The United Nations Convention on Contracts for the International Sale of Goods specifically does not apply. Except for any action or proceeding brought by TrustDefender involving injunctive relief, any action or proceeding arising from or relating to this Agreement must be brought in courts of the State of New South Wales, Australia, and irrevocably consent to the non-exclusive jurisdiction of and venue in such court. If any provision of this Agreement is held by a court of competent jurisdiction to be unenforceable for any reason, the remaining provisions hereof shall be unaffected and shall remain in full force and effect. All waivers must be in writing. Any waiver or failure to enforce any provision of this Agreement on one occasion will not be deemed a waiver of any other provision or of such provision on any other occasion. This Agreement is the final, complete and exclusive agreement between the parties relating to the subject matter hereof, and supersedes all prior or contemporaneous understandings and agreements relating to such subject matter, whether oral or written. Any questions regarding this Agreement, or desire to contact TrustDefender for any reason, please write to Symbiotic Technologies Operations Pty Ltd, at Level 20, 68 Pit Street, Sydney, NSW 2000 Australia

12. SEVERABILITY
If any provision of this Agreement is held to be unenforceable, this Agreement will remain in effect with the provision omitted, unless omission would frustrate the intent of the parties, in which case this Agreement will immediately terminate.

13. INTEGRATION
This Agreement is the entire agreement between you and TrustDefender relating to its subject matter. It supersedes all prior or contemporaneous oral or written communications, proposals, representations and warranties and prevails over any conflicting or additional terms of any quote, order, acknowledgment, or other communication between the parties relating to its subject matter during the term of this Agreement.

14. OPENSSL
This product includes software developed by the OpenSSL Project for use in the OpenSSL Toolkit (http://www.openssl.org/)

Macquarie Credit Union is not responsible for any site that you access using this link.
Use of the TrustDefender software or any other software provided by Symbiotic Technologies Operations Pty Ltd does not guarantee that internet fraud will not occur.
Your liability to us in the case of unauthorised transactions occurring while using iBank is governed by the terms and conditions of your account and the EFT Code of Conduct.
Macquarie Credit Union may receive a commission from Symbiotic Technologies Operations Pty Ltd in relation to all purchases made by non-members through the Macquarie Credit Union website.