YOUV

Thank you for trying out YOUV, Clinuvel’s Personal UV Risk Indicator. By using this software, including any third party software made available in conjunction with this software, ("YOUV") You agree to be bound by the following terms and conditions (the "Terms and Conditions").

Non-commercial Use Only
YOUV is made available to You for Your non-commercial use only. This means that You may use it at work or at home, but You first need to obtain Clinuvel’s permission if You want to sell YOUV or any information, services, or software associated with or derived from it, or if You want to modify, copy, license, or create derivative works from YOUV.

In that case, please send an email to mail@clinuvel.com. Furthermore, You may not use YOUV in any manner that could damage, disable, overburden, or impair YOUV, its third party suppliers, Clinuvel’s website and/or network, nor may You use YOUV in any manner that could interfere with any other party's use and enjoyment of these services.

If You have comments, questions or suggestions on YOUV, please email mail@clinuvel.com. Please note that by doing so, You also grant Clinuvel and third parties permission to use and incorporate Your ideas or comments into YOUV (or third party software) without further compensation.

Medical information
You accept that the information provided by YOUV and any pages linked from YOUV is for informational and educational purposes only. Any information provided on pages or sites not owned or controlled by Clinuvel is provided in good faith and You accept that Clinuvel makes no guarantee as to the accuracy of information provided on these pages. YOUV should be used as a guideline for personal exposure to Ultraviolet Radiation. The information provided by YOUV is not a substitute for professional, medical and health advice. Do not interpret or use this information to diagnose or treat a health problem or disease without consulting a professionally qualified health care provider. Please consult a relevant health care provider if You have any questions or concerns or if You wish to determine the information You are relying on is appropriate for Your medical condition/s.

ASX Information
You accept that all ASX data relating to Clinuvel is provided by a third party supplier and should not be used as a substitute for independent financial and investment information. Further, Clinuvel takes no responsibility should You decide to made decisions based on the financial information provided by YOUV.

Intellectual Property
You acknowledge that Clinuvel or third parties own all rights, title and interest in and to YOUV, portions thereof, or software provided through or in conjunction with the YOUV, including without limitation all Intellectual Property Rights. "Intellectual Property Rights" means any and all rights existing from time to time under patent law, copyright law, trademark law, trade secret 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 not to modify, adapt, translate, prepare derivative works from, decompile, reverse engineer, disassemble or otherwise attempt to derive source code from YOUV. You also agree to not remove, obscure, or alter Clinuvel'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 YOUV.

Disclaimer of Warranties
Clinuvel and any third party who makes its software or data available in conjunction with or through YOUV disclaim any responsibility for any harm resulting from your use of YOUV and/or any third party software or data accessed in conjunction with or through YOUV.

YOUV AND ANY THIRD PARTY SOFTWARE OR DATA MADE AVAILABLE IN CONJUNCTION WITH OR THROUGH YOUV ARE PROVIDED "AS IS," WITH NO WARRANTIES WHATSOEVER. CLINUVEL AND SUCH THIRD PARTIES EXPRESSLY DISCLAIM TO THE FULLEST EXTENT PERMITTED BY LAW ALL EXPRESS, IMPLIED, AND STATUTORY WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS. CLINUVEL AND ANY THIRD PARTY WHO MAKES ITS SOFTWARE AVAILABLE IN CONJUNCTION WITH OR THROUGH YOUV DISCLAIM ANY WARRANTIES REGARDING THE SECURITY, RELIABILITY, TIMELINESS, AND PERFORMANCE OF YOUV AND SUCH THIRD PARTY SOFTWARE OR DATA.

YOU UNDERSTAND AND AGREE THAT YOU DOWNLOAD AND/OR USE YOUV AND ALL THIRD PARTY DATA MADE AVAILABLE IN CONJUNCTION WITH OR THROUGH YOUV AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OR USE OF YOUV AND SUCH THIRD PARTY DATA. SOME STATES OR OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. YOU MAY ALSO HAVE OTHER RIGHTS THAT VARY FROM STATE TO STATE AND JURISDICTION TO JURISDICTION.

Limitation of Liability
UNDER NO CIRCUMSTANCES SHALL CLINUVEL OR ANY THIRD PARTY WHO MAKES ITS SOFTWARE AVAILABLE IN CONJUNCTION WITH OR YOUV BE LIABLE TO ANY USER ON ACCOUNT OF THAT USER'S USE OR MISUSE OF YOUV OR SUCH THIRD PARTY SOFTWARE. SUCH LIMITATION OF LIABILITY SHALL APPLY TO PREVENT RECOVERY OF DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, AND PUNITIVE DAMAGES WHETHER SUCH CLAIM IS BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, (EVEN IF CLINUVEL AND/OR A THIRD PARTY SOFTWARE PROVIDER HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES). SUCH LIMITATION OF LIABILITY SHALL APPLY WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF AND RELIANCE ON YOUV AND ALL THIRD PARTY SOFTWARE MADE AVAILABLE IN CONJUNCTION WITH OR THROUGH YOUV, FROM INABILITY TO USE YOUV AND ALL THIRD PARTY SOFTWARE MADE AVAILABLE IN CONJUNCTION WITH OR THROUGH YOUV, OR FROM THE INTERRUPTION, SUSPENSION, OR TERMINATION OF YOUV AND ALL THIRD PARTY SOFTWARE MADE AVAILABLE IN CONJUNCTION WITH OR THROUGH YOUV (INCLUDING SUCH DAMAGES INCURRED BY THIRD PARTIES). SUCH LIMITATION SHALL APPLY NOTWITHSTANDING A FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY AND TO THE FULLEST EXTENT PERMITTED BY LAW.

SOME STATES OR OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU.

Clinuvel’s Privacy Policy
YOUV collects and stores Your personal information on Your computer as well as reporting anonymous usage statistics to Clinuvel. You accept that this data is stored subject to Clinuvel’s Privacy Policy. A copy of this Policy can be accessed on Clinuvel’s website. Further, You agree to take reasonable steps to ensure that Your information cannot be accessed by unauthorized third parties. This includes, but is not limited to, the installation and regular updating of firewall, anti-virus and anti-spyware software.

Miscellaneous Provisions
These Terms and Conditions will be governed by and construed in accordance with the laws of the State of Victoria, without giving effect to the conflict of laws provisions of Victoria or Your actual state or country of residence. If for any reason a court of competent jurisdiction finds any provision or portion of these Terms and Conditions to be unenforceable, the remainder of these Terms and Conditions will continue in full force and effect.

You accept that Clinuvel reserves the right to alter the Terms and Conditions at any time, without notice. Since You are bound by these Terms and Conditions, You should periodically refer to them at this website.

These Terms and Conditions constitute the entire agreement between the parties with respect to the subject matter hereof and supersede and replace all prior or contemporaneous understandings or agreements, written or oral, regarding such subject matter. Any waiver of any provision of these Terms and Conditions will be effective only if in writing and signed by Clinuvel and/or a third party who make its software or data available in conjunction with or through YOUV.

December 2007