# License Annexure -- Australia

**Licensor: HYPERI PTY LIMITED (ABN 31 622 581 748).**

This is a jurisdiction-specific Australian-law overlay. It applies only as
between the Licensor and a recipient to whom Australian law applies. It does not
amend, and is not incorporated into, the Business Source License 1.1 (the
"License") under which the Licensed Work is made available. It is not a
condition of the grant under the License or the Additional Use Grant. For
recipients to whom Australian law does not apply, the License remains the
complete default public license grant, subject only to its own terms and any
other separate instrument that applies independently.

In the event of a conflict between this Annexure and the License on a matter of
Australian law, this Annexure prevails to the extent of that conflict and only
as between the Licensor and a recipient to whom Australian law applies.

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## 1. Australian Consumer Law -- non-excludable guarantees

Nothing in the License or this Annexure excludes, restricts or modifies any
consumer guarantee, right or remedy conferred on you by the Competition and
Consumer Act 2010 (Cth), including the Australian Consumer Law in Schedule 2
to that Act (the "ACL"), or by any other applicable law, where to do so would
contravene that law or cause any term to be void.

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## 2. Limitation of liability where the ACL permits

To the extent the ACL applies to the supply of the Licensed Work and the
Licensed Work is not of a kind ordinarily acquired for personal, domestic or
household use or consumption, the Licensor's liability for failure to comply
with a consumer guarantee that cannot lawfully be excluded is limited, at the
Licensor's option, to:

  (a) for goods: replacing the goods or supplying equivalent goods, repairing
      the goods, paying the cost of replacing the goods or of acquiring
      equivalent goods, or paying the cost of having the goods repaired; and

  (b) for services: supplying the services again, or paying the cost of having
      the services supplied again,

as permitted by section 64A of the ACL. This limitation does not apply if you
establish that it is not fair or reasonable for the Licensor to rely on it.

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## 3. Mandatory consumer notice (where required)

Where the Licensed Work is supplied to a consumer within the meaning of the ACL
and a consumer-guarantee notice is required by the ACL or the Competition and
Consumer Regulations 2010, the applicable prescribed notice for the relevant
supply (goods, services, or goods and services) must be used.

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## 4. Governing law and jurisdiction

This Annexure is governed by the laws of the Australian Capital Territory,
Australia. Each party submits to the non-exclusive jurisdiction of the courts
of the Australian Capital Territory and the courts entitled to hear appeals
from those courts.

Before commencing proceedings (other than for urgent interlocutory relief),
the parties will attempt in good faith to resolve any dispute by negotiation
for a period of 30 days from written notice of the dispute.

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## 5. Relationship to the License and other Annexures

This Annexure applies only as between the Licensor and a recipient to whom
Australian law applies. It does not enlarge, reduce or alter the rights
granted under the License (including the Additional Use Grant, the Change
Date, and conversion to the Change License) for any recipient. The License
continues to govern the grant of rights in the Licensed Work.

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## 6. Severability of this Annexure

If any provision of this Annexure is held to be invalid, void or unenforceable by
a court or tribunal of competent jurisdiction, that provision is severed to
the minimum extent necessary, and the remainder of this Annexure, the License,
the Additional Use Grant, and any other Annexure continue in full force and
effect. The invalidity of any provision of this Annexure does not affect the
validity or enforceability of the License, the Additional Use Grant, or of any
other Annexure.
