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How to write your CD-ROM Development Contract (US)
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Use cases for this template
A publisher races to launch a multimedia training kit before the semester starts
The Challenge
Maya Chen at BrightLeaf Publishers needed a CD-ROM and companion website to deliver course modules to a student audience at multiple campus locations, with strict Specifications, samples for review, and an acceptance process that included final proof signoff before replication; timelines were tight, details kept shifting, and the buyer had to control costs to the extent applicable while ensuring the developer would be exempted from post-approval replication defects per the contract.
The Solution
BrightLeaf executed the multimedia development agreement to define scope, ownership, installation steps, and delivery, then used Proposal Kit's document assembly to create supporting documents-statement of work, content map, download and installation instructions, a description of acceptance criteria, and a change-control plan-while line-item quoting clarified unit pricing for media, artwork, and replication, and the AI Writer produced a student support FAQ and a faculty briefing to inform stakeholders and save rework.
The Implementation
Proposal Kit helped Maya establish a production calendar, document receipt of licensed materials, and organize contact lists for campus IT assistance; the developer provided interim builds and samples, and BrightLeaf used Proposal Kit to request additional information, capture decisions, and log issues so the process stayed on track under the limited warranty's nature and deadlines.
The Outcome
The project met the delivery window, acceptance was signed on the first pass, the general public-facing pages launched smoothly, and the developer managed controlled replication; clear documents reduced repair cycles, protected IP, and created an advantageous workflow for publishers planning future sales of related materials.
A museum modernizes exhibits through a federal contract
The Challenge
Capitol Heritage Museum pursued a federal government grant to build CD-ROM kiosks and a website for the general public, but the contracting officer required sealed bidding compliance, proof that the vendor was eligible and insured, and clear definitions of ownership, indemnification, and promotional use before any award.
The Solution
The museum partnered with Orion Media Labs under the development agreement and used Proposal Kit to assemble supporting materials for procurement: a compliance matrix, data-rights summary, quality plan, and installation playbooks for each location, with line-item quoting to break out content, interfaces, and replication, while the AI Writer produced a risk assessment and a commissioning report draft tailored to applicable government guidelines.
The Implementation
After Orion was awarded the work, Proposal Kit helped define acceptance steps, establish change control, and track receipt of artifacts from curators; the team documented samples, descriptions, and details in a shared binder, responded to the contracting officer's request for additional information, and planned rollout logistics without altering the contract's IP and warranty terms.
The Outcome
Kiosks and the companion website went live on schedule, the process demonstrated audit-ready documentation, disputes were avoided, and public access increased; clear exhibits and reports kept stakeholders informed, and the museum retained policy-aligned records for future procurements.
A manufacturer reinvents its trade-show sales kit with offline media
The Challenge
GreenPeak Tools wanted a high-impact CD/DVD and microsite to drive sales conversations at events across multiple locations, but needed to define scope tightly, plan for external services that expire after a year, and align brand credits, while protecting IP and managing liability to the extent stated in the contract.
The Solution
GreenPeak engaged PixelFoundry Studios under the agreement and used Proposal Kit to create supporting documents-a business case, maintenance roadmap, installation checklist, and a brand-approval memo-with line-item quoting to compare replication runs and artwork options, while the AI Writer produced a post-show analytics brief and a lead follow-up playbook to inform sales teams and save time.
The Implementation
Proposal Kit's templates helped define acceptance criteria, document the final proof, log contact points, and establish an issues register; GreenPeak tracked receipt of product media, used request forms for additional information, and captured decisions so the process stayed predictable under the limited warranty and the developer's promotional-use and credit terms.
The Outcome
The kit launched on time, acceptance was completed without escalation, and the rollout was advantageous for field reps who could rely on consistent installation and download instructions; when the year mark approached, the prewritten update plan guided renewals, IP stayed protected, and measurable conversion gains were reported.
Abstract
This multimedia development agreement sets a clear scope for a Presentation that can include CD-ROMs, a website, animations, graphics, and programming. The process starts with Specifications in an exhibit that define requirements, features, and a description of deliverables. Developers use reasonable diligence and target delivery within 60 days after receipt of all materials from the buyer.
Delivery dates are estimates. Before mass production, the customer reviews a final proof; acceptance occurs at signoff, and after that point, the developer is exempted from responsibility for issues arising in replicated copies.
Ownership terms are strong. The developer retains all rights to the Presentation, its code, interfaces, and content the developer creates, while the customer keeps rights in items it supplies. The developer may make derivative works and must be credited.
Confidential information covers the Specifications and related documents, with public-facing pages excluded. The customer agrees not to assign, alter, or reverse engineer the Presentation without consent. Use by the developer for promotional purposes is allowed.
The warranty is limited: for 30 days, the developer will correct nonconformities to the Specifications at its expense. Platform compatibility is not guaranteed, and the customer's sole remedy is a refund to the extent stated in the payment exhibit. External services (hosting, tracking, forms) are only maintained for one year; updates may be applicable at extra cost.
Backups are kept for one year. The customer must use the developer for replication, and may not duplicate multimedia or artwork without permission. The customer warrants that its materials are legally owned or licensed and will indemnify the developer, including for products offered for sale through the Presentation. The developer operates as an independent contractor.
Practical use cases include product demonstrations for the general public, sales kits for events at any location, training for a student audience, request-for-additional-information forms, and download centers on a companion website. Publishers needing consistent replication gain an advantageous, controlled workflow. In government settings, similar terms can be adapted when a contracting officer or sealed bidding process has awarded a project, subject to applicable rules. For example, a buyer can establish milestones, installation steps, and samples to inform stakeholders and save time over later repair or rework.
Proposal Kit's template library and document assembly can help define the scope, details, and Specifications, generate automated line-item quoting, and use its AI Writer to produce supporting descriptions and samples. These tools offer assistance to organize requests, contact lists, and additional information with ease.
Additional considerations in this agreement affect budgeting, risk, and ongoing operations. Nonpayment triggers strong remedies, including the right to disable hosting and related services and demand payment in full, which demonstrates how critical cash flow is to the nature of this engagement. The attorney's fees clause can shift substantial costs to the losing party, so both sides should plan dispute-resolution steps early.
The governing law and venue clauses help establish predictability. Backup and escrow options, plus a defined maintenance horizon, reduce continuity risks if a developer can't continue. Replication limits and anti-reverse engineering terms protect quality control and intellectual property. Credit and promotional-use requirements should be reviewed for brand and policy alignment, especially where public-facing materials will be published.
Public sector buyers, including the federal government, often operate under procurement rules that may require modified terms for indemnification, IP ownership, or promotional use. Eligibility to bid or be awarded a project can depend on whether a supplier can meet these conditions. Where a customer is eligible and the work is awarded, clear exhibits for acceptance criteria, installation steps, and samples help inform stakeholders and save rework. This approach is also advantageous for complex, multi-location rollouts and training deployments.
Proposal Kit helps teams define the scope and the nature of deliverables, assemble exhibits, and create clear acceptance language. Its template library and automated line-item quoting streamline estimates, while the AI Writer assists with supporting descriptions that keep details consistent. This workflow demonstrates professionalism from request to delivery.
Further points in this agreement shape day-to-day operations. The independent contractor clause clarifies taxes and benefits; the buyer should budget accordingly. The equipment provision requires the customer to supply agreed hardware or software; documenting receipt and installation steps keeps the process on track. Credit requirements place the developer's logos and web links on the credits page, which affects brand standards for materials seen by the general public on a website or CD interface.
Media licensing is narrow: the customer gets a non-exclusive right to use developer-owned photos and media only within the Presentation. Publishers planning print or online reuse, or a sale of related materials, must obtain permission. Replication is controlled: the customer must use the developer for CD/DVD production, and cover art may vary between proofs and mass runs. Plan schedules and samples to manage variance at each location.
Continuity is addressed through a one-year backup policy and the option to escrow copies. If the developer cannot continue, only non-exclusive object code may be transferred; third-party licenses are excluded. External services such as tracking, forms, and hosting expire after one year; updates may be applicable at extra cost.
Indemnification is broad and covers materials the customer supplies and products offered for sale through the Presentation. Limits of liability cap remedies to the extent stated in the payment exhibit, and platform compatibility is not guaranteed. The agreement also allows the developer to make derivative works and disclaims responsibility for theft or reverse engineering by third parties.
Government buyers should align these terms with procurement rules; a contracting officer under sealed bidding may require alternates. Eligibility, acceptance, and contact protocols should be defined early.
Proposal Kit streamlines how teams establish scope, define acceptance, organize additional information, and generate consistent descriptions. Its document assembly and AI Writer help create exhibits that demonstrate requirements clearly, saving time and reducing rework.
How to write my CD-ROM Development Contract (US) document - The Narrative
THIS AGREEMENT is made this Current Day day of Current Month, Current Year by and between Company Name ("Developers") and Company Name ("Customer"). Developers have experience and expertise in the development of multimedia. Digital media, graphic design, computer programming, web sites and CD-ROM presentations. Multimedia created by Developers includes: CD-ROMs, web sites, computer programming, flash animations, graphics and other multimedia created or licensed by Developers.
Customer desires to have Developers develop multimedia for them. Developers desire to develop the Customer's Presentation on the terms and conditions set forth herein (the "Presentation").
In consideration of the mutual covenants set forth in this Agreement, Customer and Developers hereby agree as follows:
Development of Presentation
Developers agree to develop the Presentation according to the terms and specifications set forth on Exhibit B attached hereto.
Specifications
Developers agree to develop the Presentation pursuant to the specifications set forth in Exhibit B attached hereto (the "Specifications").
Delivery of Presentation
Developers will use reasonable diligence in the development of the Presentation and endeavor to deliver to Customer a Presentation no later than 60 days after all required media has been received from Customer. Customer acknowledges, however, that this delivery deadline, and the other payment milestones listed in Exhibit A, are estimates, and are not required delivery dates.
Ownership Rights
Developers shall hold all right, title, and interest in and to the Presentation. Specifically, but without limitation, Developer shall hold all right, title, and interest in and to (1) all text, graphics, animation, audio components, and digital components of the Presentation (the "Content"), (2) all interfaces, navigational devices, menus, menu structures or arrangements, icons, help and other operational instructions, and all other components of any source or object computer code that comprises the Presentation, (3) all literal and nonliteral expressions of ideas that operate, cause, create, direct, manipulate, access, or otherwise affect the Content, and (4) all copyrights, patents, trade secrets, and other intellectual or industrial property rights in the Presentation or any component or characteristic thereof. Customer shall not do anything that may infringe upon or in any way undermine Developers' right, title, and interest in the Presentation, as described in this Paragraph 4. Notwithstanding the above, Customer shall retain all of its intellectual property rights in any text, images or other components it owns and transmits to Developers for use in the Presentation.
Compensation
For all of Developers' services under this Agreement, Customer shall compensate Developers, in cash, pursuant to the terms of Exhibit A attached hereto. In the event Customer fails to make any of the payments referenced in Exhibit A by the deadline set forth in Exhibit A, Developers have the right, but are not obligated, to pursue any or all of the following remedies: (1) terminate the Agreement, (2) remove all web sites, hosting and tracking resources for Presentation, (3) bring legal action. (4) keep Customer's deposit and credit it towards development time and costs already incurred for the Presentation.
Confidentiality
Customer and Developers acknowledge and agree that the Specifications and all other documents and information related to the development of the Presentation (the "Confidential Information") will constitute valuable trade secrets of Developers. Customer shall keep the Confidential Information in confidence and shall not, at any time during or after the term of this Agreement, without Developers' prior written consent, disclose or otherwise make available to anyone, either directly or indirectly, all or any part of the Confidential Information. Excluded from the "Confidential Information" definition is anything that can be seen by the public on the Presentation when each page of the Presentation is first accessed.
Limited Warranty and Limitation on Damages
Developers warrant the Presentation will conform to the Specifications for a period of 30 days from the date of shipment by Developers. If the Presentation does not conform to the Specifications, Developers shall be responsible to correct the Presentation without unreasonable delay, at Developers sole expense and without charge to Customer, to bring the Presentation into conformance with the Specifications. This warranty shall be the exclusive warranty available to the Customer. Customer waives any other warranty, express or implied.
Customer acknowledges that Developers do not warrant that the Presentation will work on all platforms. Customer acknowledges that Developers are not responsible for the results obtained by the Customer on the Presentation. Customer acknowledges that developers are not responsible for fixing problems on Presentations, once mass produced after Customer has tested, proofed and approved their Presentation. Customer waives any claim for damages, direct or indirect, and agrees that its sole and exclusive remedy for damages (either in contract or tort) is the return of the consideration paid to Developers as set forth in Exhibit A attached hereto.
Independent Contractor
Developers are retained as independent contractors. Developers will be fully responsible for payment of their own income taxes on all compensation earned under this Agreement. Customer will not withhold or pay any income tax, social security tax, or any other payroll taxes on Developers' behalf.
Developers understand that they will not be entitled to any fringe benefits that Customer provides for its employees generally or to any statutory employment benefits, including without limitation worker's compensation or unemployment insurance.
Equipment
Customer agrees to make available to Developers, for Developers' use in performing the services required by this Agreement, such items of hardware and software as Customer and Developers may agree are reasonably necessary for such purpose.
General Provisions
1 Entire Agreement
This Agreement contains the entire agreement between the parties relating to the subject matter hereof and supersedes any and all prior agreements or understandings, written or oral, between the parties related to the subject matter hereof. No modification of this Agreement shall be valid unless made in writing and signed by all of the parties hereto.
2 Governing Law
This Agreement shall be governed by and construed in accordance with the laws of the State of State. Exclusive jurisdiction and venue shall be in the County County, State Superior Court.
3 Binding Effect
This Agreement shall be binding upon and inure to the benefit of Customer and Developers and their respective successors and assigns, provided that Developers may not assign any of his obligations under this Agreement without Customer's prior written consent.
4 Waiver
The waiver by either party of any breach or failure to enforce any of the terms and conditions of this Agreement at any time shall not in any way affect, limit, or waive such party's right thereafter to enforce and compel strict compliance with every term and condition of this Agreement.
5 Good Faith
Each party represents and warrants to the other that such party has acted in good faith, and agrees to continue to so act, in the negotiation, execution, delivery, performance, and any termination of this Agreement.
6 Ownership of Photographs and Media
Developers may use some of their own photographs and other media for the Presentation. Developers' maintain ownership of the photographs and other media, and only grant Customer a non-exclusive right to use those photographs and media, and only on the Customer's Presentation.
7 No Right to Assign
Customer has no right to assign, sell, modify or otherwise alter the Presentation, except upon the express written advance approval of Developers, which consent can be withheld for any reason.
8 Right to Remove Presentation or Services
In the event Customer fails to make any of the payments set forth on Exhibit A within the time prescribed in Exhibit A, Developers have the right to demand payment in full, disable any tracking, hosting or other services provided to the Customer by Developers, whether covered under this agreement or not until such time that the account is paid in full.
9 Indemnification
Customer warrants that everything it gives Developers to put on the Presentation is legally owned or licensed to Customer. Customer agrees to indemnify and hold Developers harmless from any and all claims brought by any third party relating to any aspect of the Presentation, including, but without limitation, any and all demands, liabilities, losses, costs and claims including attorney's fees arising out of injury caused by Customer's products/services, material supplied by Customer, copyright infringement, and defective products sold via the Presentation.
10 Use of Presentation for Promotional Purposes
Customer grants Developers the right to use the Presentation for promotional purposes including public display, inclusion in Developers' marketing material and programs and/or to cross-link it with other marketing venues developed by Developers now or in the future.
11 No Responsibility for Theft
Developers have no responsibility for any third party copying, reverse engineering or improper use of any or all of the Presentation.
12 Right to Make Derivative Works
Developers have the exclusive rights in making any derivative works of the Presentation, source code or other methods or practices developed and employed by the Developers.
13 Attorney's Fees
In the event any party to this Agreement employs an attorney to enforce any of the terms of the Agreement, the prevailing party shall be entitled to recover its actual attorney's fees and costs, including expert witness fees.
14 Identification of Developers
Customer agrees that Developers' logos and web links will be placed on the credits page of the Presentation. Customer also agrees to put on Developers' copyright notices on the Presentation and the relevant content therein.
15 No Responsibility for Loss
Including Platform Compatibility Issues or User Behavior. Developers make no representations or warranties whatsoever regarding Hardware or Software platform compatibility, "Y2K" issues, Operating System compatibility and/or any and all improper use of the Presentation by an end-user, individual or other third-party.
16 Transfer of Rights
In the event Developers are unable to continue maintenance of the Presentation non-exclusive rights to the object code version of the Presentation will be granted to Customer. Transfer of Rights does not apply to non-transferable third party licenses and proprietary Material owned by Developers.
17 Replication of CD-ROM's or other Digital Format
Customer must use Developer to replicate any additional Presentations produced on CD-ROM or other Digital Format (DVD, PAL, Video or otherwise).
18 Replication of Multimedia
Customer may not replicate any of the multimedia or artwork owned by Developer without the express written permission of Developer.
19 Cover Art
Customer agrees there may be differences in printed and screen proofs of artwork and screened artwork on final mass duplicated CD-ROMs.
20 Reverse Engineering
Customer may not decompile, deconstruct or otherwise reverse engineer the Presentation, whether in whole or in part, without the Developers' prior approval.
21 Final Approval
A final proof will be provided to Customer prior to mass production or replication and or release of any Digital Media and identified to the Customer as such. Customer assumes full responsibility to make sure that the final proof is correct in all capacities, including, but not limited to: grammar, spelling, information, content, artwork, copyright and functionality. Developers shall not be held responsible for errors and omissions.
22 Project Backups, Copies, or Source Maintenance
Developers shall only be responsible for maintaining backups, copies or other versions of any source or master files, whether developed by the Developers or not, for a period of one year from the date of this agreement. Customer agrees to hold the Developers harmless from any damage, loss of data, theft or other event that may occur to any photographs, source code, master or other digital files, digital media, print outs, documents or other Customer-owned material given to Developers during the course of this agreement. Customer may arrange, in writing, for developer copies to be maintained in escrow in the event developer goes out of business, cannot maintain copies of source or master files, or as otherwise required by the Customer.
23 Expiration of Services Related to Project
Any externally linked services provided by Developers that the CD-ROM may require, including but not limited to: tracking features, email hosting, forwarding, autoresponders, submission forms, general web hosting) expire one year from the date of this agreement. External services related to CD-ROMs and Presentations created by the Developers are not guaranteed to be fully functional in areas requiring access to Internet services after this date and may require an updated version be created at extra cost for updates and reduplication. Developers are not liable or responsible at any time for any damages resulting from any third-party services the CD-ROM or Presentation may use, or changes made to externally linked services that are not provided directly by Developers. Developers will make every effort to test any third-party or externally linked resources that the Customer requires, and will present to the Customer proof that all externally linked services are present and in working condition prior to signoff and replication.
Developers are not responsible for maintaining any of the data, features or reports that third-party services may provide.
Each party represents and warrants that, on the date first written above, they are authorized to enter into this Agreement in entirety and duly bind their respective principals by their signature below:
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How to Build a Legal Contract with Proposal Kit
This video illustrates how to create a legal contract using the Proposal Pack Wizard software. It also shows how to create a proposal with an invoice and contract at the same time.
Frequently Asked Questions
How do I customize this contract to fit my business needs?
Customizing this contract involves editing the document to include your business details, terms, and conditions. The templates are designed to be flexible, allowing you to insert your company's name, address, and other relevant information. You can modify clauses to reflect your unique business practices and legal requirements.
Is this contract compliant with laws and regulations?
The legal contract templates are written by legal professionals and designed to comply with current laws and regulations at the time of their writing. However, laws can vary by jurisdiction and change over time, so it's recommended to have your contract reviewed by a local attorney to ensure it meets all legal requirements specific to your region and industry. Templates are licensed as self-help information and not as legal advice.
Can I use the same contract for different clients or projects?
You can use the same contract for different clients or projects. The templates are versatile and easily adapted for various scenarios. You will need to update specific details such as client names, project descriptions, and any unique terms for each new agreement to ensure that each contract accurately reflects the particulars of the individual client or project.
What should I do if I encounter a clause or term I don't understand?
If you encounter a clause or term in the contract that you need help understanding, you can refer to guidance notes explaining each section's purpose and use. For more complex or unclear terms, it's advisable to consult with a legal professional who can explain the clause and help you determine if any modifications are necessary to suit your specific needs.
How do I ensure that the contract is legally binding and enforceable?
To ensure that the contract is legally binding and enforceable, follow these steps:
- Complete all relevant sections: Make sure all blanks are filled in with accurate information.
- Include all necessary terms and conditions: Ensure that all essential elements, such as payment terms, deliverables, timelines, and responsibilities, are clearly defined.
- Signatures: Both parties must sign the contract, and it is often recommended that the contract be witnessed or notarized, depending on the legal requirements in your jurisdiction.
- Consult a legal professional: Before finalizing the contract, have it reviewed by an attorney to ensure it complies with applicable laws and protects your interests.
Ian Lauder has been helping businesses write their proposals and contracts for two decades. Ian is the owner and founder of Proposal Kit, one of the original sources of business proposal and contract software products started in 1997.By Ian Lauder
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Proposal Kit, Inc. makes no warranty and accepts no responsibility for the suitability of any materials to the licensee's business. Proposal Kit, Inc. assumes no responsibility or liability for errors or inaccuracies. Licensee accepts all responsibility for the results obtained. The information included is not legal advice. Names in use cases have been fictionalized. Your use of the contract template and any purchased packages constitutes acceptance and understanding of these disclaimers and terms and conditions.
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