(e)
(examples) If an example is given of anything (including a right, obligation or
concept), such as by saying it includes something else, the example does not limit the
scope of that thing.
(f)
The words subsidiary, holding company, related body corporate, relative and
substantial holder have the same meanings as in the Corporations Act.
(g)
The words intellectual property include all present and future rights conferred by
statute, common law or equity (and all moral rights) in or in relation to business
names, circuit layouts, computer software, confidential information, copyright, designs,
domain names, formulas, inventions, knowhow, patents, plant varieties, recipes, trade
marks, and other results of intellectual activity in the industrial, commercial, scientific,
literary or artistic field, the benefit of any application to register such a right and the
benefit of any renewal or extension of such a right.
(h)
A reference to information is to information of any kind in any form or medium,
whether formal or informal, written or unwritten, for example, computer software or
programs, concepts, data, drawings, ideas, knowledge, procedures, source codes
or object codes, technology or trade secrets.
(i)
A reference to dollars or $ is to an amount in United States dollars.
(j)
(this document)
A reference to this document includes the agreement recorded by
this document.
(k)
A reference to a matter being to the knowledge of a person means that the matter is
to the best of the knowledge and belief that person (or of a director or executive officer
of the person if the person is a body corporate) after making reasonable enquiries in
the circumstances.
(l)
(GST wording)
Words defined in the GST Law have the same meaning in clauses
concerning GST.
(m)
(Warranty breaches) Any reference to a contravention of or to a breach of any of the
Warranties (or warranties of the Buyer) includes any of the Warranties (or warranties
of the Buyer) not being complete, true or correct.
(n)
(separate Warranties)
Each Warranty (and each warranty of the Buyer) is a separate
warranty and representation and its meaning is not affected by any other Warranty (or
by any other warranty of the Buyer).
(o)
The word applicable when used of a law is used to refer to any relevant law
(including any subordinate or delegated legislation or statutory instrument of any
kind) of a jurisdiction in or out of Australia, and also to any relevant judgment,
order, policy, guideline, official directive, code of conduct, Authorisation or request (even
if it does not have the force of law) of any Government Agency or regulatory body,
such as a stock exchange, within or outside Australia.
(p)
References to laws or matters emanating from such laws, including but not limited
to Authorisations, Government Agencies and Taxes, are references to such laws or
matters wherever they apply, whether in Australia or elsewhere.