Bayesweep 1.04

EULA - End User License Agreement

SELENICS PTY LTD 2006

END-USER SOFTWARE LICENSE AGREEMENT

PLEASE READ THIS SOFTWARE LICENCE AGREEMENT CAREFULLY. IF YOU DO NOT AGREE WITH ANY PART OF THIS AGREEMENT DO NOT LOAD THE SOFTWARE ON YOUR COMPUTER/SERVER. IF YOU LOAD THE SOFTWARE, THIS IS TAKEN TO MEAN THAT YOU AGREE WITH ALL ITEMS IN THIS AGREEMENT.

This is the Software License Agreement ("SLA") between Selenics Pty Ltd, ACN 116 669 768, ("The Licensor") and The Licensee ("You") for the right to use the product known as Bayesweep (the "Software").

SOFTWARE LICENSE

1. The Licensor is an Australian legal entity.

2. The Licensor, as creator of an original intellectual work or product, is the sole Owner of the Software and, under the Copyright Act 1968 (as amended) (Cth), has exclusive rights to publish and reproduce the Software, to assign, lease or licence others to use or deal with the Software, and/or to restrict any person or legal entity from using or dealing with the Software.

3. Under existing arrangements to protect the intellectual products of creators within Australia, which do not include any form or scheme of registration, and under reciprocal international treaties, these exclusive rights are automatically protected and shall continue to be protected within Australia and worldwide for at least fifty years from the moment this intellectual product was made available to the public.

4. This is a one-time, non-exclusive, non-transferable licence to use the Software.

5. The Licensor grants to You the right to install under Licence one (1) copy of the Software on a computer for the use of one sole user at any one time. The Software is licensed, not sold.

6. The Software is protected by intellectual property laws of Australia and current applicable international treaties.

7. The Licensor grants to You the right to make copies of the Software for use as backup copies of the Software in service and maintenance and restoration of the computer system and/or network server and for no other purpose.

8. If this Software contains documentation that is provided in the form of a book or printed material, You may print one copy of such printed documentation as is needed for each of the licensed users of the Software on Your computer system or network (implied by Clause 5 above) for use by the users in training in and operation of the Software and for no other purpose.

9. If this Software contains documentation that is provided only in electronic form, You may make this electronic documentation available on the network upon which the Software is installed and active or may print one copy of such electronic documentation for each of the licensed users of the Software on Your computer system or network (implied by Clause 5 above) for use by the users in training in and operation of the Software and for no other purpose.

10. All title and intellectual property rights in and to the Software and any and all accompanying electronic and/or printed materials, and any copies of the Software are owned by and shall remain with the Licensor.

11. All rights not specifically granted under this SLA are reserved by the Licensor.

12. You may not edit or modify the Software in any manner whatsoever without the express, signed, written agreement of the Licensor.

13. You may not market, distribute, sublicense, lease, or rent the Software to a third party without the express, signed, written agreement of the Licensor.

14. You may not use the Software in connection with any purpose or in connection with any Internet site that is likely to:

a) infringe any intellectual property rights of the Licensor or any other third party; or

b) violate any applicable law of the Commonwealth of Australia or any State or Territory of Australia.

15. Without prejudice to any other rights, the Licensor may terminate this SLA if You fail to comply with the terms and conditions of this SLA and, in the event that this occurs, You agree to immediately remove the Software from Your computer or server or network or web site. In such event, You must destroy all copies of the Software and all of its related documentation and component parts.

16. If You have acquired this Software Licence in Australia, this SLA is governed by the Copyright Act 1968 (as amended) (Cth), any current relevant laws of the Commonwealth of Australia, any applicable international treaties entered into and agreed upon by the Commonwealth of Australia, and any applicable laws and regulations of the State of Queensland. You must agree to submit to the jurisdictions of the courts of Queensland.

LIMITED WARRANTY

17. Subject to clause 20, the Licensor warrants that the Software will perform substantially in accordance with the accompanying documentation for a period of 90 days from the date You install the Software on Your computer or server.

18. To the extent permitted by any laws of the Commonwealth of Australia or any relevant laws or regulations of the State of Queensland, the Licensor makes no warranties with respect to the Software and all other terms, conditions, warranties, undertakings or inducements, whether express or implied, are hereby expressly excluded.

19. In the event that any conditions or warranties are implied by the Trade Practices Act 1974 (as amended) ("The Act"), the entire liability of the Licensor for breach of any such conditions or warranties (other than a condition or warranty implied by s.69 of the Act) and the exclusive remedy to You shall be limited to, at the Licensors choice, either (a) the replacement of the Software or the supply of an equivalent product, (b) the repair of the Software. Any replacement or repaired Software will be warranted from the moment of replacement or repair for the unused remainder of the original warranty period or 30 days, whichever is longer.

20. This limited warranty is void to the extent that failure of the Software results from modification, accident, abuse or misapplication or any failure by You to observe obligations under Clauses 12, 13 and/or 14 of this Agreement.