Exhibit 4.8
 
  
    Start Date:
 Compensation:
 Performance Expectations:
 Territory:
 Authority to Bind the Company:
 Expenses:
 Company Property:




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Name & Likeness Rights, etc.:
 Term of Employment:
 Additional Benefits:
 Acceptance of Employment Offer:
   a Delaware corporation
 By: 
Name:
    
    /s/ J Kirby

James A KirbyTitle:
    
    Director  Corporate Sales
 I accept the above terms of employment as stated:
  Addressees Signature
    
    Date
  Name/Title
    
    Date




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ARBITRATION AGREEMENT
    IT IS HEREBY AGREED:




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Employee and Company mutually and voluntarily accept the above terms of this Arbitration
Agreement.
   
    0505 JP
    
    2Arb AgmtAll States




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Metal Storm Inc  PROPRIETARY INFORMATION and INVENTIONS AGREEMENT
with Confidentiality, Non-Solicitation and Non-Compete Covenants
 Metal
Storm Inc Delaware Metal Storm Inc
 1.
    
    I have not entered into, and I agree I will not enter into, any agreement either oral or
written in conflict with this Agreement, my employment with the Company, or my relationship
with TriNet Employer Group, Inc., which is my employer of record. I will not violate any
agreement with or rights of any third party or, except as expressly authorized by the Company
in writing hereafter, use or disclose my own or any third partys confidential information or
intellectual property when acting within the scope of my employment or otherwise on behalf of
the Company. Further, I have not retained anything containing any confidential information of
a prior employer or other third party, whether or not created by me.
 2.
    
    I agree that all Inventions (as defined in paragraph 6), trade secrets and all other
confidential business, technical, and financial information (including, but not limited to,
those items listed on Appendix A) I develop, learn, or obtain during the term of my employment
with the Company, that relate to the Company, or the business or demonstrably anticipated
business of the Company, or that are received by or for the Company in confidence, constitute
Proprietary Information. I will hold in confidence and not disclose or, except within the
scope of my employment with the Company, use any Proprietary Information. However, I shall not
be obligated under this paragraph, with respect to information which I can document is, or
becomes, readily publicly available without restriction through no fault of mine. Upon
termination of my employment with the Company, I will promptly return to the Company all items
containing or embodying Proprietary Information (including all copies), except that I may keep
my personal copies of (i) my compensation records, (ii) my personnel records, if any, (iii)
materials distributed to shareholders or the public generally, and (iv) this Agreement.
 3.
    
    Until one year after the term of my employment with the Company, I will not encourage or
solicit any employee or consultant of the Company to leave the Company for any reason (except
for the bona fide termination of Company personnel within the scope of my employment with the
Company.)
 4.
    
    I agree that during the term of my employment with the Company (whether or not during
business hours), I will not engage in any activity for a business in competition with the
Company or demonstrably anticipated business of the Company, and I will not assist any other
person or organization in competing or in preparing to compete with a business in competition
with the Company or demonstrably anticipated business of the Company. For purposes of this
paragraph, a business in competition with the Company means any person or company in the
business of electronic ballistics or stacked round technology.
 5.
    
    To the extent permitted by the laws of the state or country where I reside or work, I agree
that until one year after the term of my employment with the Company, I will not engage in any
activity for a business in competition with the Company or demonstrably anticipated business
of the Company, and I will not assist any other person or organization in competing or in
preparing to compete with a business in competition with the Company or demonstrably
anticipated business of the Company. For purposes of this paragraph, a business in
competition with the Company means a business described in paragraph 4 above doing business
in any manner within the geographic areas in which the Company does business.
 0505 JP
    
    1PIIAAll States




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6.
    
    The Company shall own all right, title, and interest (including patent rights, copyrights,
trade secret rights, mask work rights and other rights throughout the world) relating to any
and all inventions (whether or not patentable), works of authorship, mask works, designs,
know-how, ideas and information made or conceived or reduced to practice, in whole or in part,
by me during the term of my employment with or service to the Company to the fullest extent
allowed by applicable law (collectively, Inventions). I will promptly disclose all
Inventions to the Company and will identify any Invention I believe is excluded from the scope
of this Agreement, so that the Company can make an independent assessment about said
exclusion. I hereby make all assignments necessary to accomplish the purposes of this
paragraph 6. I shall further assist the Company, at the Companys expense, to further
evidence, record, and perfect such assignments, and to perfect, obtain, maintain, enforce, and
defend any rights specified to be so owed or assigned. I hereby irrevocably designate and
appoint the Company and its agents and attorneys-in-fact to act for and in my behalf, to
execute and file any document, and to do all other lawfully permitted acts to further the
purpose of the foregoing with the same legal force and effect as if executed by me. If I wish
to clarify that something created by me prior to my relationship with the Company, that
relates to the Companys actual or demonstrably anticipated business, is not within the scope
of this Agreement, I have listed it on Appendix B. If I use or (except pursuant to this
paragraph) disclose my own or any third partys confidential information or intellectual
property when acting within the scope of my employment or otherwise on behalf of the Company,
the Company will have, and I hereby grant the Company a perpetual, irrevocable, worldwide
royalty-free, non-exclusive, sublicensable right and license to use and exercise all such
confidential information and intellectual property rights. Due to the specific requirements of
California law, a copy of California Labor Code §2870 is attached hereto as Appendix C and the
provisions thereof are incorporated herein only if California law is applicable to this
Agreement.
 7.
    
    To the extent allowed by law, paragraph 6 includes all rights of paternity, integrity,
disclosure and withdrawal, and any other rights that may be known as or referred to as moral
rights, artists rights, droit moral, or the like (collectively, Moral Rights). To the
extent I retain any such Moral Rights under applicable law, I hereby waive such Moral Rights
and consent to any action with respect to such Moral Rights by or authorized by the Company. I
will confirm any such waivers and consents from time to time as requested by the Company.
 8.
    
    I agree that this Agreement is not an employment contract for any particular term and does
not purport to set forth all the terms and conditions of my employment with the Company and
TriNet as my employer of record. However, the terms of this Agreement govern over any
inconsistent terms and can only be changed by a subsequent written agreement duly signed on
behalf of the Company.
 9.
    
    I agree that my obligations under paragraphs 2, 3, 5, 6 and 7 of this Agreement shall
continue in effect after termination of my employment with the Company, regardless of the
reason or reasons for termination, and whether such termination is voluntary or involuntary on
my part, and that the Company is entitled to communicate my obligations under this Agreement
to any future employer or potential employer of mine. My obligations under paragraphs 2, 6 and
7 also shall be binding upon my heirs, executors, assigns, and administrators and shall inure
to the benefit of the Company, its subsidiaries, successors, and assigns.
 10.
    
    Any dispute over the meaning, effect, or validity of this Agreement shall be resolved in
accordance with the laws of the State of Virginiawithout regard to the conflict of laws
provisions thereof. I further agree that if one or more provisions of this Agreement are held
to be illegal or unenforceable under applicable law, such illegal or unenforceable portion(s)
shall be limited or excluded from this Agreement to the minimum extent required so that this
Agreement shall otherwise remain in full force and effect and
 0505 JP
    
    2PIIAAll States




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enforceable in accordance with its terms. I also understand that any breach of this Agreement
will cause irreparable harm to the Company for which damages would not be an adequate remedy
and, therefore, the Company will be entitled to injunctive relief with respect thereto in
addition to any other remedies.
 I HAVE READ THIS AGREEMENT CAREFULLY AND I UNDERSTAND AND ACCEPT THE OBLIGATIONS WHICH IT IMPOSES
UPON ME WITHOUT RESERVATION. NO PROMISES OR REPRESENTATIONS HAVE BEEN MADE TO ME TO INDUCE ME TO
SIGN THIS AGREEMENT OTHER THAN THOSE CONTAINED WITHIN THIS DOCUMENT. I SIGN THIS AGREEMENT
VOLUNTARY AND FREELY, IN DUPLICATE, WITH THE UNDERSTANDING THAT ONE COUNTERPART WILL BE RETAINED BY
Metal Storm Inc AND/OR TRINET AND THE OTHER COUNTERPART WILL BE RETAINED BY ME.
  Employee Signature
    
    
    
    DateAccepted & Agreed To By:
 Metal Storm IncBy
    
    
    
    
    
    DateName:Title:
 0505 JP
    
    3PIIAAll States




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PROPRIETARY INFORMATION and INVENTIONS AGREEMENT
 Appendix A
 PROPRIETARY INFORMATION
 Instructions: This is a list of examples of trade secrets and confidential business, technical, and
financial information. Information is considered confidential if it is not readily publicly
available. This is a partial, but not a complete list of the Proprietary Information subject to
the Proprietary Information and Inventions Agreement.
 
    
    Employee list and all information contained in employee records
    
    Vendor list and all information contained in vendor records
    
    Customer list and all information contained in customer/company records
    
    Prospective Customer list and all information contained in prospective customer/company
records
    
    Stockholder list and all information contained in stockholder records
    
    All information concerning the financial condition of the Company, including
information contained in any income statement, balance sheet or other internal financial
report.
    
    Marketing plans and strategies of the Company, including information pertaining to
prospective
    
    customers.
    
    Financing plans and strategies of the Company
    
    Staffing plans and strategies of the Company
    
    Expansion plans and business strategies of the Company
    
    Negotiations for financing, merger, acquisition, new customers, new vendors or
otherwise
    
    Technical research projects, methodologies and results
    
    Other research and development projects
    
    Drawings and specifications
    
    Software and hardware documentation
    
    Forms, manuals, handbooks and guidelines written for internal staff use
    
    Any materials for which the Company has copyright protection or are marked confidential
    
    The Companys proprietary operating procedures and systems
 0505 JP
    
    4PIIAAll States




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Metal Storm Inc
PROPRIETARY INFORMATION and INVENTIONS AGREEMENT
 Appendix B
 PRIOR MATTERS
 Instructions: If there are any disclosable items as specified in the Proprietary Information and
Inventions Agreement, set them forth here. The Company will make its own assessment of how the
Agreement affects these items.
  
  
  
  
  
  
 0505 JP
    
    5PIIAAll States




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Metal Storm Inc  PROPRIETARY INFORMATION and INVENTIONS AGREEMENT
 Appendix C
 CALIFORNIA LABOR CODE, SECTION 2870
  (1)
    
    Relate at the time of conception or reduction to practice of the invention to the
employers business, or actual or demonstrably anticipated research or development of the
employer.(2)
    
    Result from any work performed by the employee for the employer.
   0505 JP
    
    6PIIAAll States