Marketing By Mobile Phone

2U SOFTWARE LICENSE AGREEMENT

Single Use License

PLEASE READ THIS SOFTWARE LICENSE AGREEMENT ("LICENSE") CAREFULLY BEFORE DOWNLOADING THE ‘2U’ SOFTWARE.

IMPORTANT: BY USING THE 2U SOFTWARE, YOU (THE OWNER/USER OF THE MOBILE PHONE DEVICE RUNNING THE 2U PROGRAM) ARE AGREEING TO BE BOUND BY THE FOLLOWING MIS PTY LTD (OWNER OF 2U MOBILE PHONE SOFTWARE) TERMS:

BY DOWNLOADING THIS SOFTWARE YOU ARE AGREEING TO BE BOUND BY THE TERMS OF THIS LICENSE.

IF YOU DO NOT AGREE TO THE TERMS OF THIS LICENSE, DO NOT DOWNLOAD THIS SOFTWARE !!!!!

1. General The software, documentation and any fonts that come with the 2U program, as may be updated or replaced by installation software or software updates provided by MIS PTY LTD (MIS), whether in read only memory, on any other media or in any other form (collectively the "2U Software") are licensed, not sold, to you by MIS for use only under the terms of this License, and MIS reserves all rights. MIS retains ownership of the 2U Software itself.

2. Permitted License Uses and Restrictions

(a) This License allows you to use the 2U Software on a single mobile phone device. This License does not grant you any rights to use the MIS - 2U software and other intellectual property in the design, development, manufacture, licensing or distribution of third party devices and accessories for use with the 2U software product.

(b) With respect to the feature enhancements and updates to the 2U Software and 2U installation software that MIS may make available for download (“2U Software Updates”), this License allows you to download the 2U Software Updates to update or install the software on any mobile phone device that you own or control.

(c) Except as and only to the extent permitted by applicable law, or by licensing terms governing use of open-sourced components included with the 2U Software or 2U Software Updates, you may not copy, decompile, reverse engineer, disassemble, attempt to derive the source code of, decrypt, modify, or create derivative works of the 2U Software, 2U Software Updates, or any part thereof. Any attempt to do so is a violation of the rights of MIS and its licensors of the 2U Software and 2U Software Updates. If you breach this restriction, you may be subject to prosecution and damages.

(d) By storing 2U site content on your mobile device you are making a digital copy. In some jurisdictions, it is unlawful to make digital copies without prior permission from the rightsholder. The 2U Software may be used to reproduce materials so long as such use is limited to reproduction of non-copyrighted materials, materials in which you own the copyright, or materials you are authorized or legally permitted to reproduce.

3. Transfer You may not rent, lease, lend or sublicense the 2U Software. You may, however, make a copy/transfer of the 2U Software to another party, this can be done my means including but not limited to ‘hard line file transfer’, ‘blue-toothing’, SMS and email of the 2U program. The party receiving the 2U Software agrees to accept the terms and conditions of this License (which is available on the 2U website). Please refer to clause 15 (Miscellaneous Provision), which takes effect, as it is relevant to the transfer of the 2U program to mobile phone devices.

4. Consent to Use Permitted Personal Data MIS may provide certain services through the 2U software that rely upon personal device identification numbers (phone numbers) to provide specific information to the registered device owner. When this information profile is established and agreed to by the device user, MIS may SMS, email or use some other form of communication to pass the applicable (agreed) information on to the user.

5. Content MIS through the 2U Software will make data available to the user through its program. MIS will make every effort to ensure that the data made available to the 2U software user is ‘up to date and accurate’ it provides no guarantees of its absolute accuracy. MIS accepts no responsibility for any losses caused to the user as a result of incorrect information held on the 2U database, which is used by the 2U software for the 2U user on the mobile phone device, and hereby do waive, any legal or equitable rights or remedies you have or may have against MIS PTY LTD with respect thereto, and agree to indemnify and hold MIS, its Owners/Operators, affiliates, and/or licensors, harmless to the fullest extent allowed by law regarding all matters related to your use of the 2U site through the 2U software.

6. Termination This License is effective until terminated. Your rights under this License will terminate automatically without notice from MIS if you fail to comply with any term(s) of this License. Upon the termination of this License, you shall cease all use of the 2U Software and 2U Software Updates.

7. Disclaimer of Warranties YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT USE OF THE 2U SOFTWARE, 2U SOFTWARE UPDATES, AND SERVICES, IS AT YOUR SOLE RISK AND THAT THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY AND EFFORT IS WITH YOU.

INSTALLATION OF THIS SOFTWARE MAY AFFECT THE USABILITY OF THIRD PARTY SOFTWARE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE 2U SOFTWARE AND 2U SOFTWARE UPDATES, AND ANY SERVICES PERFORMED BY THE 2U SOFTWARE AND 2U SOFTWARE UPDATES, ARE PROVIDED "AS IS", WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND, AND MIS PTY LTD (OWNER OF THE 2U SOFTWARE) HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH RESPECT TO THE 2U SOFTWARE, 2U SOFTWARE UPDATES, AND SERVICES, EITHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, QUIET ENJOYMENT, AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS.

8. Limitation of Liability TO THE EXTENT NOT PROHIBITED BY LAW, IN NO EVENT SHALL MIS PTY LTD BE LIABLE FOR PERSONAL INJURY, OR ANY INCIDENTAL, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA, BUSINESS INTERRUPTION OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, ARISING OUT OF OR RELATED TO YOUR USE OF OR INABILITY TO USE THE 2U SOFTWARE, 2U SOFTWARE UPDATES, AND SERVICES, HOWEVER CAUSED, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT OR OTHERWISE) AND EVEN IF MIS PTY LTD HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

9. Controlling Law and Severability This License will be governed by and construed in accordance with the laws of the State of Victoria, as applied to agreements entered into and to be performed entirely within Australia between Australian.

10. Complete Agreement; Governing Language This License constitutes the entire agreement between the parties with respect to the use of the 2U Software and 2U Software Updates licensed hereunder and supersedes all prior or contemporaneous understandings regarding such subject matter. No amendment to or modification of this License will be binding unless in writing and signed by MIS PTY LTD.

11.Third Party Acknowledgements Portions of the 2U Software utilize or include third party software and other copyrighted material. This includes the Adobe - ‘Flashlite’ program preinstalled on your mobile phone device or installed by you the owner/user of the mobile phone device. It is you (the phones owner/user) that will ensure compliance with the Adobe-‘Flashlite’ terms and conditions as accepted when purchasing the pre-installed phone or as agreed when installing the Adobe-‘Flashlite’ program to the mobile phone device.

MIS Pty Ltd accepts no responsibility for a breach of terms and conditions of the Adobe-‘Flashlite’ software or any other third party software, as well as any losses caused to the owner/user of the mobile phone device as a result of a failure with the Adobe-‘Flashlite’ or any other third party software program.

MIS PTY LTD and any third party who makes its software available in conjunction with or through 2U software disclaim any responsibility for any harm resulting from your use of the 2U software and/or any third party software accessed in conjunction with or through the 2U software.

12.Intellectual Property As between the you (owner/user) and MIS PTY LTD (owner of the 2U mobile phone software), you agree and acknowledge that MIS PTY LTD owns all rights, title and interest in and to 2U, including without limitation all associated Intellectual Property Rights. "Intellectual Property Rights" means any and all rights existing from time to time under patent law, copyright law, trade secret law, trademark law, unfair competition law, and any and all other proprietary rights, and any and all applications, renewals, extensions and restorations thereof, now or hereafter in force and effect worldwide. You agree to not remove, obscure, or alter 2U's or any third party's copyright notice, trademarks, or other proprietary rights notices affixed to or contained within or accessed in conjunction with or through the 2U software.

13. Indemnity You (owner/user) agree to defend, indemnify and hold harmless MIS, its officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) arising from: (i) your use of and access to the 2U Website; (ii) your violation of any term of these Terms of Service; (iii) your violation of any third party right, including without limitation any copyright, property, or privacy right. This defense and indemnification obligation will survive these Terms of Service and your use of the 2U Website.

14. Assignment These Terms of Service, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by MIS PTY LTD without restriction.

15. Miscellaneous Provision It is understood by the user of the 2U software that this program is constantly under development for the numerous mobile phone devices made available to the public and that all devices that the 2U program is installed to may not be capable of running the program. The MIS Pty Ltd-2U website (r2u.com.au) which is used for the installation of the program will list the phones that have been tested by MIS and confirmed as being capable of running the program. However this list is not exhausted in that it is expected that the majority of mobile phone devices that have the Adobe-‘Flashlite’ program version 2 and released around January 2007 will be capable of running and utilizing the 2U software.

It is the advice of the MIS management that if the 2U program; does not load to the owner/users mobile phone device; or loads but has problems working effectively; or loads and causes the phone to fail completely, the program should be deleted immediately from the mobile phone device and the MIS management should be contacted immediately to enable analysis of the problem and determine a possible solution. It is important to note that a solution may not be available due to the mobile phone devices lack of capability.

In this instance clauses 7 and 8 of this agreement take effect to waiver MIS PTY LTD warranty of software, and liability of any losses incurred as a result of downloading and using the 2U Software.