pleased with the multiple number of contracts for different scenarios and I also liked the advice given throughout the different manuals. You turned what would usually be a time-consuming, expensive process into an easy and affordable one that gives professional results."
SOFTWARE RETURN REQUEST FORM company name Company will accept returns of digitally delivered products on case by case basis and reserves the right to deny any request it receives based on the information provided to Company. This form does not absolve or relieve you of any possible copyright infringement or claim that may arise out of the continued use of third party software licensed to you by company name under this agreement. Agreements In consideration of my request of refund print your name as it appears on the billing statement for the product that you purchased and wish to return certify that. have removed from all computers any and all copies of the software product listed below that obtained via an electronic software download from Company and have not retained or distributed any copies to any other party thereof; have not copied created backups decompiled reverse engineered or produced any portion of the software product in any perceivable form; and i acknowledge that any continued use of the software product whether by myself or any other party connected to me would constitute willful copyright infringement for which may be liable for statutory damages of up to 150 000. Customer grants to Company or its independent accountants the right to examine its books records and accounts during Customers normal business hours to verify compliance with this Agreement. In the event such audit discloses non compliance with this Agreement Customer shall promptly pay to Company the appropriate licensee fees. Products you wish to return. Original purchaser name. Order number or reseller order number.
Reason for return. Electronic Software Delivery Returns Applications for refund for software product delivered via an electronic software download transaction must be received within days of the date you purchased the software product and must be approved by Company prior to being processed. Incomplete illegible or otherwise improperly received forms will not be processed and your return may be delayed or denied accordingly. Applications for refund must be received by either fax or mail as indicated above. You must include the reason you are requesting refund and the return request MUST be signed by the original purchaser as stated on the billing or credit card receipt received by Company as well as an Officer of your company. Print and Fax this form to. company name Attention. Return Dept Fax fax number Or print and mail this form to. company name address
address city state or province zip or postal code Important. Email Adobe PDF Email Faxes or other Electronic delivery of this form will NOT be accepted. Third Party Manufacturers Product Return Policies Third party products purchased from company name may require an additional return submitted to the third party manufacturer. Signature lines must be completed by both the original purchaser and company officer. Purchaser Signature. Date.
Print Name. Officer Signature. Date. Print Name. Job title of signator authorized signature or signer. Company Initials Customer Initials
company name REVIEWERS AGREEMENT Please review and sign the following reviewers Agreement if you are interested in receiving fully functional review copy of our software. You must read and agree to the following Terms and Conditions. Declarations THIS AGREEMENT is made this current day day of current month current year by and between contract first name contract last name Reviewer and company name Company I Reviewer do hereby declare that have read understand and agree to the following terms conditions and agreements. 1 agree and understand this may not be full and final release version of the software and that this product is strictly for the purpose of testing reviewing and evaluating the Insert the Product Name to be Reviewed software.
2 agree not to use this product for Commercial Purposes and understand that it is for review and testing purposes only. 3 agree that any comments statements testimonials reviews and or editorials make whether made directly to Company or in public forum may be used by Company for promotional purposes. 4 agree not to distribute the software or make it available in any format to any other party whatsoever. This includes but is not limited to multiple installations installing it on another team members developer employee or other third partys computer. This Agreement is for SINGLE user SINGLE installation license. Terms and Conditions 1. Software. Company shall provide Reviewer with copy of the software registration key documentation and any necessary passwords required to fully operate the software. Reviewer is granted single user copy of the software and may only install and use the software at their single location. 2. Support. Company will endeavor and make every effort to respond to Reviewers questions.
3. Confidentiality. Reviewer and Company acknowledge and agree that the software and all other documents and information related to the development of the software or third party materials transmitted or made available to the Reviewer in connection with this Agreement will constitute valuable trade secrets of Company. Reviewer shall keep the Confidential Information in confidence and shall not at any time during or after the term of this Agreement without the prior written consent of Company disclose or otherwise make available to anyone either directly or indirectly all or any part of the Confidential Information. 4. Limited Warranty and Limitation on Damages. Company warrants the software will conform to the specifications listed in the product documentation the Company web site or other collateral related to the software. This warranty shall be the exclusive warranty available to the Reviewer. Reviewer waives any other warranty express or implied. Reviewer acknowledges that Company does not warrant that the software will work on all platforms unless specific platform is set forth in writing by the company. Reviewer acknowledges that Company is not responsible for the results obtained by Reviewer when using the software. Reviewer acknowledges that Company is not responsible for fixing problems in the software during the term of this Agreement. Except as otherwise expressly stated herein Reviewer waives any claim for damages direct or indirect and agrees that its sole and exclusive remedy for damages either in contract or tort is limited to the amount of any compensation received from Company. 5. General Provisions.
5 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. 5 Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the State of state or province. Exclusive jurisdiction and venue shall be in the county County state or province Superior Court. 5 Binding Effect. This Agreement shall be binding upon and inure to the benefit of Reviewer and Company and their respective successors and assigns provided that Company shall not assign any of their obligations under this Agreement without Reviewers prior written consent.
5 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 partys 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. 5 No Right to Assign. Reviewer has no right to assign sell modify or otherwise alter the software except upon the express written advance approval of Company which consent can be withheld for any reason.
5 Right to Remove Software. Company reserves the right to revoke all rights and access to the software web site or any other material made available to Reviewer during the terms of this Agreement at any time and without notice. 5 Use of Comments and Testimonial for Promotional Purposes. Reviewer grants Company the right to use any and all comments reviews testimonials and other material prepared by the reviewer for promotional purposes and or to cross link it with other marketing venues developed by Company. 5 Attorneys 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 reasonable attorneys fees and reasonable associated costs including expert witness fees.
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. EXECUTED as of the date first written above. company name By signator authorized signature or signer. Job title of signator authorized signature or signer. Date when the contact was signed contract first name contract last name
By signator authorized signature or signer. Job title of signator authorized signature or signer. Date when the contact was signed Company Initials Reviewer Initials
SOFTWARE DISTRIBUTION CLICKWRAP AGREEMENT Note this agreement assumes that it is enacted by an agreement made online. Typically this is done by including checkbox or initial box in the software or web site. As part of the installation and operation of the Software you are about to download and or run you will be required to accept the following terms and conditions. This is legal contract which dictates the terms and limitations of the license and warranty. If you do not agree to the following terms and conditions you must delete and or destroy any and all copies of this Software and related files. By downloading installing or using our Software you are explicitly agreeing to all of the following terms and conditions. 1. Specifications. Company provides its Software in the following versions. Insert versions offered such as Registered and Unregistered and explain the process for evaluation if any upgrading and or licensing other versions of the software. Include statement about whether the software is full featured and is unlocked by registering and purchasing license or whether this is limited version and users must download different full featured version of the Software. 1 Definitions. Software shall mean the Software or Program to be provided by Company to Customer under this Agreement.
License Fee shall mean the one time or recurring fee paid to Company as compensation for continued use of the Software or its related services. Support Services shall mean any help support setup installation or other assistance rendered under this Agreement. Source Code shall mean the readable forms together with make and build files. Customer Data shall mean all information data storage files or input the Customer has made with or in conjunction with the usage of the Software. Delivery shall mean the Software as transmitted by Company to Customer electronically and in accordance with security measures agreed upon by both parties as described in the Specifications. Company Materials shall mean any software code data graphics documentation or other materials or resources transmitted to Customer in order to provide any of the services under this Agreement.
Evaluation Period shall mean the length of time that license shall be valid at no additional charge for particular piece of Software or Service rendered by Company to Customer. 1 Service and Software Provisions. Rights and License Granted. Under the Companys Software agreement Customer shall not be granted any rights or license to the Software or Services. Customer acknowledges that through its subscription payments to Company it is granted access to the Software and Services. Customer further acknowledges that at no time shall Customer be entitled to download distribute install or otherwise redistribute the Software in any form not explicitly covered by this Agreement. The Customer understands that access to the Software ends when one of the following events takes place. Customer fails to make subscription or license payment; Customer violates the terms of this Agreement; or Customer returns reverses or does chargeback or otherwise cancels the license or subscription with 30 day written notice and Customers account is paid in full. Limitations to Rights and License. At no time will Customer hold title to or ownership of any of the Software Company Data or Source Code or any Materials provided to Customer during the term of this Agreement. 1 Length of Service or License.
Insert license time constraints here. For example state whether upgrades are included for length of time and describe any fees required to get continued updates or upgrades. Customer agrees to the initial length of the license Term The length of contract required is based on the type of license desired by Customer and shall be determined solely by Company as defined in the payment option selected by Customer. 1 Software License Start Date. All license fees if any shall be due in advance of any service provided or license granted. Service and or license shall begin upon Company receipt of payment for such first Term of service or upon mutually agreed upon alternate date. 1 Renewal or Upgrade Pricing. Renewal prices for online services upgrades or reoccurring licenses are subject to change. Renewal of services or upgrading by Customer indicates agreement to any contract revisions and price changes. Company does not guarantee pricing for any period of time and Customer shall not be reimbursed or compensated for future increases and decreases between versions of software or services. 1 Software Customization.
Customer acknowledges that the Software is provided as is and as delivered and cannot be construed as being able to be customized or modified in any way. Customer assumes all responsibility to review all features included in the Software prior to signing this Agreement. 1 Software Support. All support for the Software shall be conducted as defined in the Specifications. 2. End User Pricing and Services Compensation. End User Pricing and Services Compensation are subject to change at the sole discretion of Company.
3. Terms of Payment. Terms of payment are C. O. D. unless credit approval has been granted by Company. If credit approval has been granted credit terms are net ten days upon receipt of invoice. Company reserves the right to revoke any credit extended if payment is in arrears for more than thirty days. 4. Proprietary Information. Proprietary information exchanged hereunder shall be treated as such by Customer. This information shall include but is not limited to the provisions of this Agreement product and services information materials software code pricing or any other materials transmitted to Customer under this Agreement. Customer agrees not to decompose disassemble decode or otherwise reverse engineer any Company program code or technology installed or delivered to Customer or any portion thereof; transmit or allow to be transmitted any such materials to any third party except as necessary for the fulfillment of this Agreement; sublicense or allow use of any materials or use of any provided services to any third party without written permission from Company; or use any Materials or Services in any way not intended or expressly provided for by this Agreement. 5. Customer Information Content. Company will exercise no control whatsoever over the content of the information passing through the software network email or web site. 6. Warranties.
Company makes no warranties or representations of any kind whether expressed or implied for the Software it is providing. Company also disclaims any warranty of merchantability or fitness for any particular purpose and will not be responsible for any damages that may be suffered by Customer including loss of data resulting from delays non deliveries or service interruptions by any cause or due to errors or omissions of Customer. Use of any information obtained by way of Company is at Customers own risk and Company specifically denies any responsibility for the accuracy or quality of information obtained through its services. Connection speed represents the speed of an end to end connection. Company does not represent guarantees of speed or availability of end to end connections. Company expressly limits its damages to Customer for any non accessibility time or other down time to the pro rata monthly charge during the system unavailability. Company specifically denies any responsibilities for any damages direct or indirect arising as consequence of such unavailability. 6 No Duty to Customers Users Not Directly Contracted with Company. Company shall have no obligation to support train or troubleshoot issues for any third party user due to problems arising out of the use of the Software provided to Customer by Company. Third parties shall include but are not limited to. vendors contractors Customers customers Customers clients or any third party not directly contracted with Company for Software and Software Support. 7. Trademarks. Customer warrants that Customer has the right to use any applicable trademarks or copyrighted materials that Customer integrates or uses in connection with this Software. 8. Transfer of Agreement. Customer may not assign or transfer this Agreement in whole or in part without the prior written consent of Company. In the event that Customer contemplates whole or partial sale of Customers business ownership change or change in jurisdiction Customer shall notify Company by mail facsimile or email no less than sixty days prior to the effective date of the event.
9. Termination. Company may terminate this Agreement at its sole discretion upon the occurrence of one or more of the following events. failure to comply with any provisions of the Agreement upon receipt of written notice from Company of said failure appointment of receiver or the filing of any application by Customer seeking relief from creditors expiration of current license fee or evaluation period or upon mutual agreement in writing by Company and Customer. 10. Disputes. If legal proceedings are commenced to resolve dispute arising out of or relating to this Agreement the prevailing party shall be entitled to recover all costs legal fees and expert witness fees as well as any costs or legal fees in connection with any appeals. 11. Indemnification.
Customer shall indemnify and hold Company harmless from and against any and all claims judgments awards costs expenses damages and liabilities including reasonable attorney fees of whatsoever kind and nature that may be asserted granted or imposed against Company directly or indirectly arising from or in connection with Customers marketing or Support Services of the product or Services or the unauthorized representation of the product and Services or any breach of this Agreement by Customer. 12. General. If any provision of this Agreement is held to be unenforceable the enforceability of the remaining provisions shall in no way be affected or impaired thereby. This Agreement and any disputes arising hereunder shall be governed by the laws of state or province State. failure by any party to exercise or any delay in exercising right or power conferred upon it in this Agreement shall not operate as waiver of any such right or power. The parties represent and warrant that on the date first written above they are authorized to enter into this Agreement in its entirety and duly bind their respective principals by their use of the Software provided by Company.
LICENSING AND ROYALTY AGREEMENT This Licensing Agreement the Agreement is entered into this current day day of current month current year by and between company name state or province company hereafter Licensee and company name hereafter Licensor Recitals 1 The Licensee desires to license content from the Licensor in the following areas of media and design. Insert description of media areas and design. 2 Licensor desires to participate in collaborative collective work and has agreed to provide content and media for the Licensee to be distributed released in collection under the Licensee Name and Brand. Agreements
In consideration of the mutual covenants set forth in this Agreement Licensor and Licensee hereby agree as follows. 1. Licensed Content. Licensor grants to Licensee its agents successors or assigns those for whom Licensee is acting and those acting with its authority and permission the absolute and right and permission to copyright use re use publish and republish recordings copies reproductions digitally sampled and or reconstructed versions of Licensors DVD CD ROM VHS VHS DV Mini DV SWF Fla Digital Artwork and other Media submission in whole or in part including but not limited to any and all animation music video narrative shorts features and trailers in whatever form submitted collectively the Content in any advertising display or product including software releases derivative or ancillary products or works whether such products or works are now in existence or are hereafter created or acquired. Licensor and Licensee further agree that such right and permission has been granted to Licensee on an exclusive basis for use in the Software Graphics Market. Content Description. Insert description of the content to be licensed. 2. Usage. The Content may be copyrighted used and or published individually or in conjunction with other photography video works and recordings and in any medium including without limitation print publications public broadcast CD ROM format and for any lawful purpose including without limitation trade exhibition illustration promotion publicity advertising and electronic publication.
3. Waiver of Approval. Licensor waives any right that Licensor may have to inspect or approve the finished product or products or any advertising copy or printed matter that may be used in connection with such product or the use to which it may be applied. 4. Indemnification. Licensor releases discharges and agrees to hold harmless Licensee its agents successors or assigns and all persons acting under its permission or authority or those for whom it is acting from any liability by virtue of any distortion alteration digitization reconstruction or use in composite form whether intentional or otherwise that may occur or be produced in the recording and subsequent reconstruction of the Content or any other subsequent processing thereof as well as any publication of the resulting materials. 5. Warranties. Licensor warrants that Licensor is of legal age and has every right to contract in Licensors own name in this matter. Licensor further warrants that Licensor has the full right and authority to license the properties to Licensee as provided herein and agrees to indemnify and hold harmless Licensee from any and all expenses suits judgments damages and related costs and fees arising out of Licensors actions omissions negligence or otherwise under this Agreement. Licensor acknowledges that Licensor has read this Agreement prior to its execution and that Licensor is fully familiar with its contents. 6. Compensation. The Licensee will pay Licensor for the following expenses incurred under this Agreement. Insert description of all expenses covered by the Agreement.
7. Independent Contractor. Nothing herein shall be construed to create an employer employee relationship between the parties. The consideration set forth above shall be the sole payment due to Licensor for services rendered. It is understood that the Licensee will not withhold any amounts for payment of taxes from the compensation of Licensor and that Licensor will be solely responsible to pay all applicable taxes from said payment including payments owed to its employees and subagents. 8. Confidentiality. In the course of performing services the parties recognize that Licensor may come in contact with or become familiar with information which the Licensee or its clients may consider confidential. This information may include but not limited to information pertaining to design methods pricing information or work methods of the Licensee as well as information provided by clients of the Licensee for inclusion in Web sites to be developed for clients which may be of value to competitors of the Licensee or its clients. Licensor agrees to keep all such information confidential and not to discuss what evolved any of it to anyone other than appropriate Licensee personnel or their delegates. The parties agree that in the event of breach of this Agreement damages may be difficult to ascertain or prove. The parties therefore agree that if Client breaches this Agreement Licensee shall be entitled to seek relief from court of competent jurisdiction including injunctive relief and shall be entitled to an award of liquidated damages. 9. Term of Agreement.
This Agreement shall begin on start date and shall terminate on end date unless terminated for any reason by either party upon thirty days prior written notice. 10. Communication. Any notice or communication permitted or required by this Agreement shall be deemed effective when personally delivered or deposited postage prepaid by first class regular mail addressed to the other partys last known address. 11. Entire Agreement. This Agreement constitutes the entire Agreement of the parties with regard to the subject matter hereof and replaces and supersedes all other agreements or understanding whether written or oral. No amendment extension or change of the Agreement shall be binding unless it is in writing and signed by all of the parties hereto. 12. Binding Effect. This Agreement shall be binding upon and shall inure to the benefit of Licensee and to the Licensees successors and assigns. Nothing in this Agreement shall be construed to permit the assignment by Licensor of any of its rights or obligations hereunder to any third party without the Licensees prior written consent.
13. Ownership Rights. All plans ideas improvements or inventions developed by Licensor during the term of this Agreement shall belong to the Licensee and or its clients for whom work is being performed as it relates to the Licensees core products and Intellectual Property. Licensor shall however retain the right to display works he creates for Licensee in their portfolio subject to Licensees written approval in advance said approval not to be unreasonably withheld. 14. Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the State of state or province. Exclusive jurisdiction and venue shall be in the county County state or province Superior Court. The prevailing party shall be entitled to recover its reasonable attorney fees and statutory costs. To any portion of this Agreement declared unenforceable that portion shall be construed to give it the maximum effect possible and the remainder of this Agreement shall continue in full force and effect. 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. EXECUTED as of the date first written above. company name By signator authorized signature or signer. Job title of signator authorized signature or signer.
Date when the contact was signed company name By signator authorized signature or signer. Job title of signator authorized signature or signer. Date when the contact was signed Licensee Initials Licensor Initials