End-User Licence Agreement | GEOVIA Minex Indonesia

What this covers

This Agreement is between PT Acala Genesa Sumberdaya, trading as ACALA and operating this website as MinexCoal (“we”) and the organisation receiving the materials (“you”). It governs everything we author and hand over, together the MinexCoal Materials:

Tcl/Tk macros and automation scripts
SQL scripts written for the borehole, grid or reserves databases
Parameter files, plot templates, format files and configuration sets
Courseware — training manuals, exercises, exercise datasets and recordings
Written procedures and workflow documentation we produce for you
Utilities — any standalone tool we supply to support the above

Installing, running, copying or otherwise using the Materials means you accept these terms. If you do not accept them, do not use the Materials and tell us so that we can arrange their return or deletion.

What this does not cover

This is not a licence for GEOVIA Minex. Your right to install and use Minex comes solely from your own licence agreement with Dassault Systèmes. Nothing here grants, extends, transfers, renews or varies any right in that software.

We do not publish, develop, own or sublicense GEOVIA Minex, Surpac or any other Dassault Systèmes product. If a term of this Agreement ever appeared to conflict with the vendor’s licence, the vendor’s licence prevails and this Agreement is read as not applying to that software.

You are responsible for holding valid licences for any software the Materials run inside. We may ask for evidence of that before delivery, and may decline to deliver without it.

Licence granted

On full payment of the fees for the engagement under which the Materials were delivered, we grant you a licence that is:

Non-exclusive — we may licence the same library materials to others.
Perpetual — it does not expire, subject to clause 12.
Non-transferable — it does not move with a sale of assets without our written consent, which we will not unreasonably withhold.
Internal — for use by your employees and contractors, on your own operations.
Site-scoped — covering the operations named in the engagement, plus any additional sites named in the quotation. Extending to further sites needs our written agreement, which is usually a formality.

You may make backup and archival copies, and may modify the Materials for your own internal use. Modified versions remain subject to this Agreement, and we do not support what we did not write.

Bespoke vs library materials

Two categories, treated differently:

Category	What it is	Who owns it
Bespoke	Written specifically for your deposit, your database schema or your reporting format, and of no general application	Assigned to you on full payment, unless the engagement says otherwise
Library	Our pre-existing tools, methods, courseware and templates, including anything we adapt from them	Remains ours; you receive the licence in clause 3

Where a bespoke deliverable is built on top of library material, the library layer stays ours and the bespoke layer becomes yours. We will identify which is which in the handover documentation rather than leaving you to guess.

Restrictions

You may not, and may not permit anyone else to:

Resell, sublicense, rent, lend or distribute the Materials outside your organisation.
Use them to deliver services to third parties — including consulting, contract mining services or training — without our written consent.
Publish the courseware, exercises or datasets, in whole or in part, including on internal wikis accessible outside your organisation.
Remove or obscure copyright notices, authorship headers or version markers in the scripts.
Use the Materials as the basis of a competing product or a training offering sold to others.
Share licence-restricted material with a joint venture partner or contractor who is not covered by the site scope, without telling us first.

Ownership

Except for bespoke deliverables assigned under clause 4, all intellectual property in the Materials remains ours. This Agreement licenses use; it does not transfer ownership.

Your data remains entirely yours. Borehole databases, seam models, pit designs, reserves databases, schedules and reports are your property, whether you supplied them or we generated them from your inputs. We claim no interest in them and use them only to perform the engagement.

Third-party components

Some Materials rely on components we did not write — the Tcl/Tk interpreter distributed with Minex, database drivers, and any open-source library we may include. Those components remain subject to their own licences, which we will identify on delivery where they are not already part of your Minex installation.

Where an open-source licence conflicts with a term of this Agreement in respect of that component, the open-source licence prevails for that component.

Testing before production

Scripts we supply can create, modify and delete records in your borehole, grid and reserves databases. Test every script against a copy before running it on production data, and confirm you hold a current backup.

We deliver scripts with a description of what they change and where. Running an automation routine on live data without a verified restore point is the single most common way a good script causes a bad day, and no licence term can undo it for you.

No warranty

The Materials are supplied “as is”. We warrant only that they were prepared with reasonable skill and care and, at the time of delivery, performed as described in the handover documentation on the environment they were tested against.

We do not warrant that they will operate uninterrupted or error-free, that they will remain compatible with future versions of Minex, your database platform or your operating system, or that any output they produce is accurate, complete or suitable for regulatory reporting. Outputs depend on your data and your parameters; responsibility for them rests with your competent person as set out in our Disclaimer.

All other warranties, express or implied, are excluded to the fullest extent permitted by law.

Limitation of liability

Nothing here limits liability for death or personal injury caused by negligence, for fraud, or for any liability that cannot lawfully be limited. Subject to that:

We are not liable for indirect or consequential loss, or for loss of profit, revenue, production, anticipated savings, goodwill or data.
Our total liability in connection with the Materials is limited to the fees paid for the engagement under which they were delivered.
We are not liable for loss arising from use of the Materials on unlicensed software, on an untested environment, or without a current backup.

Support & updates

Delivery includes 30 days of correction support: if a script does not do what the handover documentation says it does, we fix it at no charge.

Beyond that, changes, enhancements and compatibility work with new Minex versions are chargeable, either under a retained support arrangement or as separate work. We are under no obligation to issue updates. See Support & Legal Contact for channels and response targets.

Term & termination

This licence runs from delivery and continues indefinitely unless terminated. We may terminate it on written notice if you commit a material breach of clause 5 and do not remedy it within 30 days of being asked to.

On termination you must stop using the affected Materials, delete all copies, and confirm in writing that you have done so. Bespoke deliverables already assigned to you are unaffected. Clauses on ownership, warranty, liability and governing law survive.

Export & sanctions

You confirm that you are not subject to trade sanctions that would prohibit us from supplying you, and that you will not export or re-export the Materials in breach of applicable export control law. We reserve the right to decline or discontinue delivery where sanctions screening requires it.

Governing language

This Agreement is published in Indonesian and English. Both versions are intended to carry the same meaning.

Where the two versions differ, the Indonesian version governs and is the binding text. The Indonesian version is at id/eula.html; this English version is provided as a translation.

This follows Law No. 24 of 2009 on the Flag, Language, Emblem and Anthem, which requires agreements involving an Indonesian party to be made in Indonesian.

Governing law

This Agreement is governed by the laws of the Republic of Indonesia, and disputes are subject to the exclusive jurisdiction of the Pengadilan Negeri Jakarta Selatan, or to BANI arbitration where the parties agree in writing, on the same basis as our Terms & Conditions. It sits alongside our Terms & Conditions; where the two conflict on the subject of the Materials, this Agreement prevails.

Contact

Licence questions, scope extensions and consent requests: legal@minexcoal.com.