EXHIBIT 10.22
SOFTWARE LICENSE AGREEMENT
This Software License Agreement is entered into this 15th day of December 1994,
by and between Sega Ozisoft Pty Ltd ACN 056 032 476 (Ozisoft) and Brilliant
Interactive Ideas Pty Ltd ACN 061 228 668 (BII).
Whereas BII is the developer and publisher of CD ROM games called The Pirate Who
Wouldn't Wash, The Friends of Xxxxx Xxxxxxxxxx, Milly Fitzwilly's Mouse Catcher,
The Yukadoos, The Little Engine, and The Wrong Way Around the World (hereinafter
referred to as the Titles) available on Macintosh and PC CD-ROM.
BII and Ozisoft do hereby agree as follows:
1) Ozisoft shall be the exclusive publisher and distributor of the above
six mentioned products in Australia and New Zealand.
2) The term of this agreement shall be for a period of CONFIDENTIAL
INFORMATION OMITTED AND FILED SEPARATELY WITH THE SECURITIES AND
EXCHANGE COMMISSION years, commencing on the date of this agreement.
3) Brilliant Interactive Ideas shall provide to Ozisoft working masters of
the product in a form duplicable by Ozisoft. Ozisoft are responsible
for the design and production of the packaging and manuals.
4) Ozisoft shall pay to Brilliant Interactive Ideas a royalty in the
amount of $CONFIDENTIAL INFORMATION OMITTED AND FILED SEPARATELY WITH
THE SECURITIES AND EXCHANGE COMMISSION AUD per unit based on net sales.
Royalty of $CONFIDENTIAL INFORMATION OMITTED AND FILED SEPARATELY WITH
THE SECURITIES AND EXCHANGE COMMISSION AUD per unit shall be payable
monthly, 30 days after the end of each calendar month.
5) Ozisoft shall have the right to reduce the royalty to $CONFIDENTIAL
INFORMATION OMITTED AND FILED SEPARATELY WITH THE SECURITIES AND
EXCHANGE COMMISSION AUD per copy after minimum guaranteed advance of
CONFIDENTIAL INFORMATION OMITTED AND FILED SEPARATELY WITH THE
SECURITIES AND EXCHANGE COMMISSION units per Title has been earned out,
subject to the retail price being proportionately reduced and a period
of CONFIDENTIAL INFORMATION OMITTED AND FILED SEPARATELY WITH THE
SECURITIES AND EXCHANGE COMMISSION having elapsed.
6) The advance royalty of AUD $CONFIDENTIAL INFORMATION OMITTED AND FILED
SEPARATELY WITH THE SECURITIES AND EXCHANGE COMMISSION shall be payable
as follows:
i) AUD $CONFIDENTIAL INFORMATION OMITTED AND FILED SEPARATELY WITH
THE SECURITIES AND EXCHANGE COMMISSION on the signing of this
agreement
ii) AUD $CONFIDENTIAL INFORMATION OMITTED AND FILED SEPARATELY WITH
THE SECURITIES AND EXCHANGE COMMISSION on the delivery and
verification to Ozisoft of the masters for each Title
iii) AUD $CONFIDENTIAL INFORMATION OMITTED AND FILED SEPARATELY WITH
THE SECURITIES AND EXCHANGE COMMISSION 120 days after the signing
of this agreement. In the event that the advance royalty paid in
6 i) and 6 ii) above has been fully applied before the expiration
of 120 days then Ozisoft shall pay to BH the royalty as specified
in 4 above ensuring that at the expiration of the 120 day period
BII have received at least AUD $CONFIDENTIAL INFORMATION OMITTED
AND FILED SEPARATELY WITH THE SECURITIES AND EXCHANGE COMMISSION
in royalty payments from Ozisoft.
7) The royalty is to be cross collateralized amongst the six titles.
All advances are non-refundable, subject to the masters being delivered prior to
February 28, 1995.
For and on behalf of Brilliant Interactive Ideas Pry Ltd
/s/ Xxxx Xxxxxx
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Name: Xxxx Xxxxxx
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For and on behalf of Sega Ozisoft Pty Ltd
/s/ Xxxxxxx Xxxxxxxxx
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Name: Xxxxxxx Xxxxxxxxx
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