Version: 4.0
Last Updated: November 2023

1. Caseware’s Terms of Use and Effective Date

Caseware International Inc., ACN 666 350 447 together with its affiliates and subsidiaries (collectively
Caseware”, “we”, “us” or “our”) has these Terms of Use (“TOU”) to describe the terms and conditions that govern your use of www.caseware.com and related Caseware web pages (collectively this “Website”). The effective date of this TOU is as set out at the beginning of it as the Last Updated date.

Caseware offers many other licensed products and services for purchase (collectively the “Caseware
Offerings”). Your use of the Caseware Offerings is governed by a separate agreement that you and the
entity you represent (“you” or “yours”) have executed with Caseware.

By using and/or visiting the Website you agree to the following term

2. Description of the Website

Through your access to the Website, Caseware will also provide you with access to a variety of resources, including documents (such as white papers, press releases, datasheets and FAQs), developer tools, download areas, Communication Services (as defined below) and product information (collectively “Site Services“). Your use of the Site Services is also subject to the terms and conditions set out in this TOU.

3. Personal & Non-Commercial Use Limitation

Unless otherwise specified, access to the Website and the Website Services are for your personal and non-commercial use. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any portion of the Website and/or Site Services.

4. Privacy & Protection of Personal Information

See Caseware’s Privacy Statement on www.caseware.com for information relating to the collection and use of your personal information (as defined therein).

5. Use of Site Services

Permission to use the Site Services is granted, provided that (i) the below copyright notice appears in all
copies and that both the copyright notice and this permission notice appear, (ii) no portion of the Site
Services will be copied or posted on any network computer or publicly broadcast in any media, and (iii) no modifications to any of the Site Services is made.

6. Warranty & Limitation of Liability

The Website is presented by Caseware for the purpose of disseminating information free of charge for the benefit of the public about Caseware. We monitor the quality of the information available on our Website and update the information regularly but do not guarantee, the accuracy, reliability, currency or
completeness of any material contained on our Website and we recommend that you exercise your own skill and care with respect to your use of our Website and carefully evaluate the accuracy, currency,
completeness and relevance of the material on it for your purposes. The material on our Website is a
summary only of the subject matters covered and is not intended to be and should not be relied on as a
substitute for legal or other professional advice.

EXCEPT THAT NOTHING IN THIS TOU EXCLUDES, RESTRICTS OR MODIFIES ANY WARRANTIES,
GUARANTEES, RIGHTS OR REMEDIES WHICH CAN NOT BE EXCLUDED, RESTRICTED OR MODIFIED
UNDER THE AUSTRALIAN CONSUMER LAW (AS THE TERM IS DEFINED IN SECTION 12 BELOW) OR
ANY OTHER APPLICABLE LAW:

(A) ACCESS TO THE WEBSITE AND SITE SERVICES IS PROVIDED ON AN “AS IS” BASIS WITHOUT WARRANTY OF ANY KIND AND CASEWARE AND/OR ITS RESPECTIVE SUPPLIERS HEREBY
DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THE WEBSITE AND THE
SITE SERVICES, INCLUDING ALL WARRANTIES AND CONDITIONS OF MERCHANTABILITY,
WHETHER EXPRESS OR IMPLIED, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-
INFRINGEMENT;
(B) IN NO EVENT SHALL A PARTY AND/OR ITS RESPECTIVE SUPPLIERS BE LIABLE FOR ANY
SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER
RESULTING FROM LOSS OF USE, DATA OR PROFITS, WHETHER IN AN ACTION OF
CONTRACT, NEGLIGENCE OR OTHER TORTIOUS ACTION, ARISING OUT OF OR IN
CONNECTION WITH THE USE OR PROVISION (AS APPLICABLE) OF THE WEBSITE AND SITE
SERVICES; AND
(C) THE PARTIES ACKNOWLEDGE THAT THE SITE SERVICES COULD INCLUDE TECHNICAL
INACCURACIES OR TYPOGRAPHICAL ERROR

7. Changes and Modifications

TO THE EXTENT REASONABLY NECESSARY TO PROTECT ITS LEGITIMATE INTERESTS, CHANGES ARE
PERIODICALLY ADDED BY CASEWARE AND/OR ITS SUPPLIERS TO THE SITE SERVICES, AND
CASEWARE AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE
PRODUCT(S) AND/OR THE PROGRAM(S) DESCRIBED HEREIN AT ANY TIME, PROVIDED THAT ANY
SUCH CHANGES DO NOT MATERIALLY CHANGE OR DETRIMENT YOUR RIGHTS AND OBLIGATIONS
UNDER THIS TOU. CASEWARE WILL PROVIDE YOU WITH ADVANCE NOTICE TO THE EXTENT IT IS
REASONABLY PRACTICABLE TO DO SO. CASEWARE MAY GIVE SHORTER ADVANCE NOTICE (OR NO
NOTICE) IF IT IS REASONABLE, INCLUDING FOR CASEWARE TO MANAGE A MATERIAL AND
IMMEDIATE RISK. YOU SHOULD ENSURE THAT YOU CHECK THE WEBSITE FREQUENTLY TO ENSURE
THAT YOU ARE UP TO DATE WITH THE MOST RECENT VERSION OF THIS TOU.

8. Member Account, Password & Security

If any portion of the Website or Site Services requires you to register for an account, you must complete the registration process by providing us with current, complete and accurate information as prompted by the applicable registration form. You may also need to choose a password and a username. You are responsible for maintaining the confidentiality of your password and account. You are also responsible for any and all activities that occur under your account. You agree to notify Caseware immediately of any unauthorized use of your account or any other breach of security. To the maximum extent permitted under applicable law Caseware will not be liable for any loss that you may incur as a result of someone else using your password or account, either with or without your knowledge, save to the extent caused by the mistake, fraud, negligence or wilful misconduct of CaseWare or our employees, contractors, agents or officers. You may not use anyone else’s account without the permission of the account holder.

9. No Unlawful or Prohibited Use

As a condition of your permitted use of the Website and Site Services, you agree that you will not use the
Website or Site Services for any purpose that is unlawful or prohibited by these TOU. You may not use the Website or Site Services in any manner that could damage, disable, overburden, or impair any Caseware server, or the network(s) connected to any Caseware server, or interfere with any other person’s use and enjoyment of any Website or Site Services. You may also not attempt to gain unauthorized access to the Website or Site Services, other accounts, computer systems or networks connected to any Caseware server or to the Website, through hacking, password mining or any other means. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available to you through the Website and/or Site Services.

10. Communication Services

The Website and Site Services may contain e-mail services, bulletin board services, chat areas, news groups, forums, communities, personal web pages, calendars, photo albums, file cabinets and/or other message or communication facilities designed to enable you to communicate with others (each a “Communication Service” and collectively “Communication Services“). You agree to use the Communication Site Services only to post, send and receive messages and material that are proper and, when applicable, related to the Communication Service.

By way of example, and not as a limitation, you agree that when using the Communication Services, you will not:

  • Use the Communication Services to send surveys, contests, offer pyramid schemes, send chain
    letters, junk email, spam or any duplicative or unsolicited messages (commercial or otherwise);
  • Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others;
  • Publish, post, upload, distribute or disseminate any profane, defamatory, obscene, indecent or
    unlawful content, material or information;
  • Upload, or otherwise make available, files that contain images, photographs, software or other
    material protected by intellectual property laws, including, by way of example, and not as limitation,
    copyright or trademark laws (or by rights of privacy or publicity) unless you own or control the
    rights thereto or have received all necessary consent to do the same;
  • Use any material or information, including images or photographs, which are made available
    through the Communication Services in any manner that infringes any copyright, trademark,
    patent, trade secret, or other proprietary right of any person;
  • Upload files that contain viruses, Trojan horses, worms, time bombs, cancelbots, corrupted files, or
    any other similar software or programs that do or may damage the operation of another’s computer or property of another;
  • Advertise or offer to sell or buy any goods or services for any business purpose, unless such
    Communication Services specifically allows such messages;
  • Download any file posted by another user of a Communication Service that you know, or
    reasonably should know, cannot be legally reproduced, displayed, performed, and/or distributed in
    such manner;
  • Falsify or delete any copyright management information, such as author attributions, legal or other
    proper notices or proprietary designations or labels of the origin or source of software or other
    material contained in a file that is uploaded;
  • Restrict or inhibit any other user from using and enjoying the Communication Services;
  • Violate any code of conduct or other lawful guidelines which is applicable for any particular
    Communication Service;
  • Harvest or otherwise collect information about others, including e-mail addresses without our prior
    written consent;
  • Violate any applicable laws or regulations;
  • Create a false identity for the purpose of misleading others; and/or
  • Use, download or otherwise copy, or provide (whether or not for a fee) to a person or entity any
    directory of users of the Communication Services or other user or usage information or any portion
    thereof.

Caseware may not monitor the Communication Services; however, Caseware reserves the right to review materials posted to the Communication Services and to remove any materials that breach this Section 10. Caseware reserves the right to terminate your access to any or all of the Communication Services if you breach this Section 10.

Caseware reserves the right at all times to disclose any information related to the Communication Services as Caseware reasonably determines is necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or remove any information or materials, in whole or in part in compliance with applicable law.

Caseware does not control or endorse the third-party content, messages or information found in any
Communication Services and, therefore, to the maximum extent permitted by applicable law Caseware
specifically disclaims any liability with regard to such Communication Services and any actions resulting
from your participation in any Communication Services, save to the extent caused by the mistake, fraud,
negligence or wilful misconduct of Caseware or our employees, agents, contractors or officers.

Materials uploaded to the Communication Services may be subject to limitations on usage, reproduction
and/or dissemination posted at the time you access the Communication Services; you are responsible for
adhering to such limitations if you download the materials.

11. Links to Third Party Sites

There may be links on the Website which let you leave Caseware’s Website to access other sites or
information. These linked sites are not under the control of Caseware and Caseware is not responsible for the contents of any linked site, any link contained in a linked site, or any changes or updates to such sites. Caseware is also not responsible for webcasting, or any other form of transmission received from any linked site.

Caseware is providing these links to you only as a convenience, and the inclusion of any link does not imply any form of endorsement by Caseware.

12. Unsolicited Idea Submission Policy

CaseWare does not accept or consider unsolicited feedback, ideas, including ideas for new advertising
campaigns, new promotions, new products or technologies, processes, materials, marketing plans or new product names. Please do not send any original creative artwork, samples, demos, or other works. The sole purpose of this is to avoid potential misunderstandings or disputes when Caseware’s products or marketing strategies might seem similar to ideas submitted to Caseware.

13. Australian Consumer Law

For the purposes of this TOU, the Australian Consumer Law means Schedule 2 of the Competition and
Consumer Act 2010 (Cth), as amended from time to time.

If you use the Website and the Site Services as a consumer under the Australian Consumer Law, which can include individuals, businesses or other entities of any size, this TOU is subject to this section.

Nothing in this TOU applies where it would exclude, restrict or modify any right or remedy you may have
under the Australian Consumer Law if such right or remedy cannot lawfully be excluded, restricted or
modified. Notwithstanding anything to the contrary in this TOU, if you acquire goods and services from Caseware as a consumer, they come with statutory guarantees under the Australian Consumer Law that are not excluded by this TOU.

The statutory guarantees include (without limitation) the following:

  • Goods must be of acceptable quality. This means they must:
    o be safe;
    o be free from defects;
    o be acceptable in appearance and finish;
    o do all the things someone would normally expect them to do;
    o match any demonstration model or sample;
    o be fit for the purpose which Caseware has represented to you it would be fit for;
    o match the description of the goods given by Caseware; and
    o meet any express warranty given by Caseware to you at the time of your purchase
    about their performance, condition and quality.
  • Services provided by Caseware must:
    o be provided with due care and skill or technical knowledge;
    o be fit for the purpose or give the results that have been agreed to; and
    o be delivered within a reasonable time when there is no agreed end date.

To the extent that Caseware fails to comply with a consumer guarantee applicable to you under the
Australian Consumer Law, you are entitled to the remedies as set out in the Australian Consumer Law,
including but not limited to:

  • for major failures with the service, you are entitled:
    o to cancel your service contract with Caseware; and
    o to a refund for the unused portion, or to compensation for its reduced value;
  • You are also entitled to choose a refund or replacement for major failures with goods;
  • if a failure with the goods or service does not amount to a major failure, you are entitled to have the
    failure rectified in a reasonable time. If this is not done, you are entitled to a refund for the goods
    and to cancel the contract for the service and obtain a refund of any unused portion; and
  • You are also entitled to be compensated for any other reasonably foreseeable loss or damage from
    a failure in the goods or service.

14. Questions & Comments

If you have any questions or comments regarding this TOU, please contact us at:
Caseware International Inc.
351 King Street East, Suite 1100
Toronto, ON
M5A 2W4 Canada
Legal@Caseware.com

15. COPYRIGHT NOTICE

The Website is owned and operated by Caseware. Elements of the Website and Site Services are protected by trade dress, trademark, unfair competition, and other laws and may not be copied or imitated in whole or in part. No logo, graphic, sound or image from any Caseware Web site may be copied or retransmitted unless expressly permitted by Caseware.

© 2024 Caseware International Inc.
All rights reserved.