JKSimBlast

TERMS AND CONDITIONS OF LICENSE

1. The following terms shall have the respective meaning.

1.1 "Improvement" means an upgrade, correction, modification, alteration,

revision, update or refinement of the Product which improves a
particular function or phase without providing a new capability to the
user.

"Invoice" means the invoice or quotation of the Licensor attached to

these terms and conditions.

"The Licensor" shall include JKTech Pty Ltd.

"The Licensee" shall mean the person or company named on the Invoice.

"Licence Fee" means the fee set out on the Invoice.

"The Product" means the computer programme described on the Invoice.

"The Site" means the location described on the Invoice.

1.2 Words implying the singular shall be deemed to include the plural and
vice versa and words implying one gender shall include the other
gender.

2.1 In consideration of the payment now made to the Licensor by the

Licensee of the License Fee and in further consideration of the
performance and observance of the covenants and conditions herein
contained and on the part of the Licensee to be observed and performed,
the Licensor hereby grants to the Licensee a license to use the Product
in accordance with the terms hereof.

2.2 The license hereby granted is non-transferable and non-exclusive.

2.3 The license hereby granted by the Licensor is to allow the Licensee to
use the Product at the Site only.

2.4 The Licensee shall be permitted to make back-up replacement copies of

the Product for use at the Site.

3. The Licensee agrees with the Licensor as follows:

3.1 not to be a party to the doing of any act, matter or thing, whereby any
industrial property in respect of the Product may be prejudicially
affected including after the license is terminated for whatsoever
reason;

3.2 to use the Product as an independent licensee and not as a partner,

representative, agent or employee of the Licensor;

3.3 to notify the Licensor immediately of any perceived problems with its
use of the Product;

3.4 that all right, title and interest in the Product shall remain at all
times the property of the Licensor absolutely and that any use by it of
the Product shall be as licensee only;
3.5 not to make any copies of any manual or technical or scientific
information or advice in relation to the Product made available to the
Licensee; and

3.6 not to modify, sell or otherwise dispose of the Product or any copies
thereof.

4. The Licensor agrees with the Licensee:

4.1 to offer to the Licensee during the first year after supply of the
Product a license to use all Improvements; and

4.2 to provide to the Licensee copies of any manuals with respect to the
Product at its then applicable fee.

5. The Licensor shall not be required to provide any support services or

maintenance of the Product. If the Licensor, at its sole discretion,
should decide to provide any support, services or maintenance of the
Product, they shall be charged at the Licensor's then applicable rates.

6.1 In the event that:

(a) there is a material breach or non-observance or non-performance of

any of the covenants and conditions herein contained and on the part of
the Licensee to be observed and performed and such breach continues for
fourteen (14) days after service in writing by the Licensor of a notice
on the Licensee requiring it to remedy same;

(b) the Licensee (or any of them) shall become bankrupt or makes an
assignment for the benefit of creditors, or makes any composition or
arrangement with such creditors; or

(c) the Licensee has a liquidator or a receiver or a receiver and

manager appointed over the whole or any part of its property or
undertaking or has an official manager appointed or makes an assignment
for the benefit of creditors or makes any composition or arrangement
with such creditors;

THEN the Licensor may at its option by notice in writing terminate this
license without prejudice to any other remedy the Licensor may have
against the Licensee.

6.2 Upon the termination of this license for whatever reason the Licensee
shall deliver forthwith to the Licensor the Product and all copies
thereof.

7. Any waiver by the Licensor of a breach of this license shall not be

deemed to be a waiver of a subsequent breach of the same or of a
different kind.

8. In the event that any of the obligations or undertakings of the

Licensor herein or any of the other terms hereof cannot be given effect
or full force and effect by reason of statutory invalidity or otherwise
the said obligation undertaking or other term as the case may be which
cannot be given effect or full force and effect shall be severed
ignored or read down restrictively to maintain and uphold so far as
possible the other terms of this license.

9. This license will be governed by the laws of the State of Queensland

 and the parties hereby submit to the jurisdiction of the courts of
Queensland.

10. These terms constitute the entire agreement and understanding between
the parties as to the subject matter hereof and merge all prior
discussions between them and supersede all prior agreements and
understandings between the parties with respect to the matters covered
hereby and all representations or warranties given.

11. Where there is more than one signatory as Licensee the covenants on
their part shall be joint and several.

12.1 To the extent permitted by law, it is expressly agreed that the

Licensor makes no warranties in relation to the Product whether as to
merchantability or fitness for a particular purpose or as to any other
matter or thing other than as expressly set out herein.

12.2 Subject always to certain laws which make certain warranties,

conditions and representations incapable of exclusion or limitation,
all expressed and implied conditions, warranties and representations
(whether contractual or otherwise) whether arising under statute or by
implication of law, custom or usage with respect to products or
services supplied by the Licensor to the Licensee shall not apply, and
all such conditions and warranties and representations (if any) are
expressly negated.

12.3 The Licensor shall in no event be liable for any damage whether direct,
indirect, special, incidental or consequential howsoever arising
whether under statute or from the negligence of the Licensor or by
breach of contract by the Licensor or from an act or omission of the
Licensee or otherwise.

12.4 When a right or remedy which is not capable of exclusion, restriction

or modification is granted to the Licensee by law and that law allows
the Licensor to limit its liability with respect to that right or
remedy, then the liability of the Licensor is limited solely to the
minimum level permitted by that law and where the Licensor has a
discretion as to its liability, to the liability as determined by the
Licensor.

JKTech is the commercial division of the

Julius Kruttschnitt Mineral Research Centre
ABN: 67 096 091 619