Disclaimers

1. Use of the information and data contained on this WWW site on these pages is at your sole risk.

2. If you rely on the information on this Site you are responsible for ensuring by independent verification its accuracy or completeness.

3. If you use automatic language translation services in connection with this Site you do so at your own risk.

4. The information and data on this Site is subject to change without notice. The Government may revise this Disclaimer at any time by updating this posting.

5. The State of South Australia, its agents, instrumentalities, officers and employees :
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RUNTIME DEVELPMENT DISCLAIMER

Subject only to the provisions of any Acts or Ordinances rendering void or prohibiting the exclusion, limitation, restriction or modification of any rights, entitlements or remedies conferred on you ("the customer") or any liabilities imposed on RunTime Development Pty Ltd A.C.N. 27086 564 614 and /or RunTime Marketing Pty Ltd A.C.N. 73 088 821 907 (which companies are jointly and/or separately hereinafter referred to as "RunTime") by the provisions of the Trade Practices Act which necessarily apply to these terms of sale and use and cannot be excluded, RunTime shall not be responsible in tort or contract or otherwise for any, and the consequences of any, defect, mis-description, lack of fitness for purpose, lack of quality, supply or merchantability in this CD-ROM ("the goods") or any loss or damage to or deterioration of the goods or any mis-delivery or failure to deliver or collect the goods for whatever reason including, without limiting the foregoing, the negligence or breach of contract or wilful act or default of RunTime or others and this clause shall apply to all and the consequences of all such defects, mis-description, lack of fitness or purpose, lack of quality, supply, merchantability, delay, loss, damage, deterioration, mis-delivery or failure to deliver or collect whether or not the same occurs in the course of performance by or on behalf of RunTime of these terms of sale and use or in events which may constitute a fundamental breach of contract or a breach of a fundamental term.
Subject at all times to the foregoing the customer undertakes:

• To indemnify and shall keep indemnified RunTime from and against any liability, loss, expense or demand for or arising from any false, misleading, deceptive or mis-descriptive representation or statement made by the customer in respect of the goods to any person.
• To indemnify RunTime in respect of any liability including, without limiting the foregoing, from negligence or breach of contract or wilful act or default of RunTime or others in relation to the supply of the goods to any person (other than the customer) who claims to have, or has or also may hereafter have any interest in the goods.
• That no claim shall be made, whether by the customer or any other person who is or may hereafter be interested in the goods against any person (other than RunTime) by whom (whether as subcontractor, principal, employer, servant agent or otherwise) the goods are supplied which imposes or attempts to impose upon such person any liability including, without limiting the foregoing, from negligence or breach of contract or wilful act or default of RunTime or others in connection with the supply of the goods and if any such claim should nevertheless be made the customer undertakes to indemnify RunTime and the person against whom such claim is made against the consequences thereof. Without prejudice to the foregoing and for the purpose of this clause RunTime is or shall be deemed to be acting as agent on behalf of and for the benefit of all such persons and each of them and all such persons and each of them shall to this extent be or be deemed to be parties to these terms of sale and use.
• To indemnify RunTime against any claim made against it by any person in connection with any liability of that person for any loss of or damage to the goods.
• That the indemnities herein operate irrespective of whether the liability of RunTime or any other person arises in events which may constitute a fundamental breach of contract or a breach of a fundamental term.
• That every exemption, limitation, condition and liberty herein contained and every right, exemption from liability, defence and immunity of whatsoever nature applicable to RunTime or to which RunTime is entitled hereunder shall also be available and shall extend to protect:
  

  - all subcontractors;
  - every servant or agent of RunTime or of a subcontractor;
  - every other person (other than RunTime) by whom the goods are supplied; and
  - all persons who are or may be vicariously liable for the acts or omissions of any person falling within the description of the last mentioned persons and for the purpose of this clause RunTime is or shall be deemed to be acting as agent or trustee on behalf of and for the benefit of all such persons and each of them.

That subject to these provisions, RunTime shall in any event be discharged from all liability in connection with the supply of the goods unless suit is brought within six (6) months after delivery or supply.