FuRom
12-03-2007, 01:38 AM
Ok, I got into writing this up for my own personal and/or commercial use, but I feel it would be able to suit the use of more than just me. So here it is for anyone to freely use. Plagiarize it all you want! I wrote it all without referencing to any legal documents. Also feel free to suggest improvements to it so that other people that might possibly want it a bit different can do so without leaving some big loop hole in it. Also feel free to point out anything flawed in the agreement, so it can be fixed.
The way it works, you have to have your purchaser legally agree to the contract, or you can use it as a license. In any case, it would be best for you to actually get your purchasers to sign and date a copy confirming that they agree to the contract and you should do the same right under where they sign. Having labels as to which signature is who's is also helpful.
This was read over once by OwlManAtt and he corrected a couple of grammar problems that [can/could have] caused loop holes or complications. (OwlManAtt is smart..... xD)
Disclaimer:
This should not be substituted for legal advice. We are not lawyers. It would truly be in your best interest to get a lawyer to write up your own contract! This contract was fabricated by a 18 year old boy that only holds a GED (me....) and he has never been to college for law (nor has he been to college, period.), so if you get screwed by any loopholes or paraphrasing, it's your own fault.
[Intellectual Rights Licensing Agreement]
The Intellectual Rights Licensing Agreement is written to protect paid intellectual products from being stolen and/or used outside of the scope in which the creator wants for his/her work by licensing out rights to his/her work for monetary compensation. The agreement will include all the rights permitted to the purchaser of any intellectual property that pertains to this agreement.
[Definitions]
The party in which will be delivering the work will be referred to as "Party A". The party in which will be receiving the final product and/or partial product will be referred to as "Party B". "Deliver", "delivered", "delivery", and "delivering" all mean the sending of non-tangible and/or tangible products and/or services. "Terminate" and "Termination" mean the voiding of this agreement. "Agreement", "Contractual Agreement", and "Terms" are all referring to this legally binding contract that has been agreed upon. "Commission" refers to the agreement of this contract. "Parties" refers to Party A and Party B in combination of.
[Party Responsibilities]
Party A and Party B both agree to uphold this contractual agreement. Both Party A and Party B understand and agree to this contract. Any breach of this contract by Party B is subject to penalty of up to $1,000 United States Dollars. Party A is responsible for doing the work within the guidelines set by Party B without Party B overseeing nor interfering with how the work is completed. Party A will be responsible for supplying his/her own tools for the job. Party A and/or Party B hold the right to terminate this contractual agreement at any time without reason. Party A's and Party B's many responsibilities are all defined within the entire context of this contract and both parties are obligated to live up to their responsibilities.
[Ownership and Rights of Intellectual Properties]
The ownership of all final products and/or partial products are to be considered property of Party A. Party A reserves the right to reuse, modify, reproduce, edit, and resell complete or portions of the final product and/or partial product. Use of the delivered product to Party B is limited to modifying and using the delivered product. Party B has licensed the right to use the delivered product and may not sub license and/or distribute for personal use and/or commercial use without paying a royalties fee of no less than 25% of the total monetary gain directly from the delivered product in question. In cases of no monetary gain from sub licensing and/or distribution of the delivered product for personal use and/or commercial use by any other party than Party B, Party B must pay at least 25% of the commission pricing for every sub license and/or distribution. Party B may not remove any copyright notices that Party A may have placed in the delivered product without signed written consent from Party A.
[Pricing]
All prices are negotiated before the creation of any design. At least 50% of the final price negotiated must be paid to Party A by Party B before Party A begins any work on the product in question. Party A is not required to deliver the product until the unpaid final price is paid. If Party B, at any time, terminates this agreement and has already paid in part or whole, the negotiated price, Party A is not required to refund the paid amount nor is Party A required to deliver any part of the product in question. In the event that any part of the product is delivered, Party B is obligated to use the product within the scope of this license agreement.
[Exchanging Rights of Use]
If at any time Party B wishes to exchange his/her rights to the use of the delivered product, he/she may do so by notifying Party A. Upon notification, Party B will relinquish all rights to the use of the delivered product. Party B must include the contact information to deliver the product to the new party. Party A will deliver the product to the party in which Party B wishes to exchange the rights of use (of the delivered product) to. The new party must agree to this same agreement in which Party B previously agreed to before delivery of the product in question. The new party will not be charged for the exchange by Party A. Party B may charge the new party at his/her own discretion.
[Termination of Agreement]
In any event of termination of this agreement, all products originally bound by this contract are to forever remain bound to the scope of this contract.
[Written Consent]
Party A reserves the right to give written consent to modify any part of this agreement at any time without reason and/or explanation. Party A reserves the right to work outside of this agreement without reason and/or explanation.
[Delivered Product Condition]
In the even of any delivered products being damaged and/or incapable of proper usage, Party A is not responsible for correcting the damages and/or incapability to proper use the delivered product. Party A is no required to give instructions on how to use the delivered product.
[Redistributed Property]
All redistributed individual properties that hold their own licenses are not subject to this agreement. A list of all redistributed property will be presented to Party B with information of where the redistributed property originates from along with a copy of the license agreement that pertains to the redistributed property.
The way it works, you have to have your purchaser legally agree to the contract, or you can use it as a license. In any case, it would be best for you to actually get your purchasers to sign and date a copy confirming that they agree to the contract and you should do the same right under where they sign. Having labels as to which signature is who's is also helpful.
This was read over once by OwlManAtt and he corrected a couple of grammar problems that [can/could have] caused loop holes or complications. (OwlManAtt is smart..... xD)
Disclaimer:
This should not be substituted for legal advice. We are not lawyers. It would truly be in your best interest to get a lawyer to write up your own contract! This contract was fabricated by a 18 year old boy that only holds a GED (me....) and he has never been to college for law (nor has he been to college, period.), so if you get screwed by any loopholes or paraphrasing, it's your own fault.
[Intellectual Rights Licensing Agreement]
The Intellectual Rights Licensing Agreement is written to protect paid intellectual products from being stolen and/or used outside of the scope in which the creator wants for his/her work by licensing out rights to his/her work for monetary compensation. The agreement will include all the rights permitted to the purchaser of any intellectual property that pertains to this agreement.
[Definitions]
The party in which will be delivering the work will be referred to as "Party A". The party in which will be receiving the final product and/or partial product will be referred to as "Party B". "Deliver", "delivered", "delivery", and "delivering" all mean the sending of non-tangible and/or tangible products and/or services. "Terminate" and "Termination" mean the voiding of this agreement. "Agreement", "Contractual Agreement", and "Terms" are all referring to this legally binding contract that has been agreed upon. "Commission" refers to the agreement of this contract. "Parties" refers to Party A and Party B in combination of.
[Party Responsibilities]
Party A and Party B both agree to uphold this contractual agreement. Both Party A and Party B understand and agree to this contract. Any breach of this contract by Party B is subject to penalty of up to $1,000 United States Dollars. Party A is responsible for doing the work within the guidelines set by Party B without Party B overseeing nor interfering with how the work is completed. Party A will be responsible for supplying his/her own tools for the job. Party A and/or Party B hold the right to terminate this contractual agreement at any time without reason. Party A's and Party B's many responsibilities are all defined within the entire context of this contract and both parties are obligated to live up to their responsibilities.
[Ownership and Rights of Intellectual Properties]
The ownership of all final products and/or partial products are to be considered property of Party A. Party A reserves the right to reuse, modify, reproduce, edit, and resell complete or portions of the final product and/or partial product. Use of the delivered product to Party B is limited to modifying and using the delivered product. Party B has licensed the right to use the delivered product and may not sub license and/or distribute for personal use and/or commercial use without paying a royalties fee of no less than 25% of the total monetary gain directly from the delivered product in question. In cases of no monetary gain from sub licensing and/or distribution of the delivered product for personal use and/or commercial use by any other party than Party B, Party B must pay at least 25% of the commission pricing for every sub license and/or distribution. Party B may not remove any copyright notices that Party A may have placed in the delivered product without signed written consent from Party A.
[Pricing]
All prices are negotiated before the creation of any design. At least 50% of the final price negotiated must be paid to Party A by Party B before Party A begins any work on the product in question. Party A is not required to deliver the product until the unpaid final price is paid. If Party B, at any time, terminates this agreement and has already paid in part or whole, the negotiated price, Party A is not required to refund the paid amount nor is Party A required to deliver any part of the product in question. In the event that any part of the product is delivered, Party B is obligated to use the product within the scope of this license agreement.
[Exchanging Rights of Use]
If at any time Party B wishes to exchange his/her rights to the use of the delivered product, he/she may do so by notifying Party A. Upon notification, Party B will relinquish all rights to the use of the delivered product. Party B must include the contact information to deliver the product to the new party. Party A will deliver the product to the party in which Party B wishes to exchange the rights of use (of the delivered product) to. The new party must agree to this same agreement in which Party B previously agreed to before delivery of the product in question. The new party will not be charged for the exchange by Party A. Party B may charge the new party at his/her own discretion.
[Termination of Agreement]
In any event of termination of this agreement, all products originally bound by this contract are to forever remain bound to the scope of this contract.
[Written Consent]
Party A reserves the right to give written consent to modify any part of this agreement at any time without reason and/or explanation. Party A reserves the right to work outside of this agreement without reason and/or explanation.
[Delivered Product Condition]
In the even of any delivered products being damaged and/or incapable of proper usage, Party A is not responsible for correcting the damages and/or incapability to proper use the delivered product. Party A is no required to give instructions on how to use the delivered product.
[Redistributed Property]
All redistributed individual properties that hold their own licenses are not subject to this agreement. A list of all redistributed property will be presented to Party B with information of where the redistributed property originates from along with a copy of the license agreement that pertains to the redistributed property.