Agreement. Whereas, ThinkGeek is interested in creating products based on the Idea.

Save this PDF as:
 WORD  PNG  TXT  JPG

Size: px
Start display at page:

Download "Agreement. Whereas, ThinkGeek is interested in creating products based on the Idea."

Transcription

1 Agreement This Agreement is entered into as of ( Effective Date ) by and between ( Inventor ), [ADDRESS] and ThinkGeek, Inc., a Delaware corporation with an office at Waples Mill Rd., Suite 100, Fairfax, VA Recitals: Whereas, Inventor owns the exclusive rights to the trademarks, copyrights, designs, and other properties generally described in Exhibit A (the Idea ). Whereas, ThinkGeek is interested in creating products based on the Idea. Now therefore, in consideration of the mutual covenants, terms and conditions set forth herein, and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the Parties agree as follows: 1. Scope of Agreement 1.1 ThinkGeek will endeavor to create products using the Idea ( Products ) but is not obligated to produce the item and commits to no development timeframe. 1.2 ThinkGeek shall have full creative control over the Product and the right to decide, in its sole discretion, the name and price of the Product (including whether to manufacture the Product). 1.3 Inventor can purchase units at 15% above ThinkGeek's actual cost (FOB point of manufacture) and sell those units under the following channels: 1. Inventor's website, 2. Trade shows and conventions which the inventor attends; provided in each instance such sales are to general consumers, and not wholesale customers, retailers or distributors. In addition, Inventor will not sell the 1

2 Products for less than the prices charged by ThinkGeek to its retail customers. 2. Payments 2.1 Within fifteen days of the Effective Date, ThinkGeek shall pay the Inventor a one-time recoupable advance of One Thousand Dollars ($1,000). In addition, the inventor shall receive ten percent (10%) of the amounts actually received from sales of the Products ( Net Sales ) for Net Sales up to One Million Dollars ($1,000,000); for Net Sales in excess of One Million Dollars ($1,000,000), Inventor shall receive Five Percent (5%) of Net Sales. Net Sales is less any credits or refunds for returned or defective Products, and less any credit card or similar payment related charges. Net Sales does not include any shipping costs collected from an end customer for payment of the costs of shipping the Product to the end customer. Additionally, Net Sales does not include taxes that are imposed on an end customer, such as sales, use, excise, valueadded and other similar taxes, that are received from such customer by ThinkGeek for payment to governmental authorities. 2.2 ThinkGeek shall bear all development costs for the Product; provided Inventor agrees to to provide personal consulting services to assist in product development as directed by ThinkGeek (at no cost to ThinkGeek). 2.3 ThinkGeek shall remit to Inventor within forty-five (45) days after the end of each calendar quarter the applicable royalties and a written statement of the royalties due provided such Royalties are are greater than $100; otherwise, such Royalties shall be held by ThinkGeek until such time as the quarterly amount exceeds $ Intellectual Property 2

3 3.1 Inventor grants ThinkGeek the exclusive worldwide, perpetual, irrevocable, sublicensable right to create Products arising out of the Idea, and manufacture, market, design, reproduce, distribute, export, use and sell the Products, and modify, make derivative works or make improvements to the Idea ( Modifications ). Such Modifications shall be owned by ThinkGeek. 3.2 Inventor will during and after the Term assist ThinkGeek to document, secure, maintain and defend, all copyrights, patents, trade secrets, and other proprietary and intellectual property rights to the Idea, Modifications and the Product. 3.3 Inventor agrees that ThinkGeek has the worldwide, perpetual, irrevocable, sublicensable right and permission to use the name, voice, image and likeness in any medium for the purposes of advertising, marketing and selling the Product. 4. Warranties 4.1 Inventor warrants that it has the right and authority to enter into this Agreement and that the Idea does not infringe any patent, trademark, copyright or other intellectual property right of a third party. 4.2 Each party shall comply with all applicable laws and regulations. 5. Indemnification Inventor shall indemnify, defend and hold harmless ThinkGeek and its agents from and against any action that is brought against ThinkGeek and all related losses that are incurred by the Licensee, provided that the Licensor shall not be obligated to indemnify the Licensee or any of its Representatives in any Action or for any 3

4 Losses incurred in relation to, arising out of or resulting from, in whole or in part from the Idea. 6. Limitation of Liability 6.1 IN NO EVENT WILL THINKGEEK OR ANY OF ITS REPRESENTATIVES BE LIABLE UNDER THIS AGREEMENT TO THE INVENTOR OR ANY THIRD PARTY FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, EXEMPLARY, SPECIAL OR PUNITIVE DAMAGES, INCLUDING ANY DAMAGES FOR BUSINESS INTERRUPTION, LOSS OF USE, DATA, REVENUE OR PROFIT, WHETHER ARISING OUT OF BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, REGARDLESS OF WHETHER SUCH DAMAGES WERE FORESEEABLE AND WHETHER OR NOT THE INVENTOR WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. 6.2 IN NO EVENT WILL THINKGEEK S AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THIS AGREEMENT, WHETHER ARISING OUT OF OR RELATED TO BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, EXCEED THE TOTAL AMOUNT PAID TO THE LICENSOR PURSUANT TO THIS AGREEMENT YEAR PERIOD PRECEDING THE EVENT GIVING RISE TO THE CLAIM, THE FOREGOING LIMITATIONS SHALL APPLY EVEN IF REMEDIES UNDER THIS AGREEMENT FAIL OF THEIR ESSENTIAL PURPOSE. 7. Term Either party may terminate this Agreement in the event a material breach which has been uncured for more than thirty (30) days. This agreement will continue in effect for ten (10) years and will be automatically renewed for one (1) year periods unless either party gives notice thirty (30) days notice prior to the end of the then current term. All rights hereunder shall be extinguished upon termination of this Agreement (except as set forth in Section 3.2) provided that ThinkGeek may continue to sell Products which 4

5 existed at the end of the then current term for a period of three (3) years. 8. Confidentiality 8.1 Each Party acknowledges and agrees that they each may gain access to or become familiar with the other Party's Confidential Information. Except as set forth herein, each Party, as the receiving Party of the other Party's Confidential Information, shall (a) protect and safeguard the confidentiality of the disclosing Party's Confidential Information with at least the same degree of care as the receiving Party would protect its own Confidential Information, but in no event with less than a commercially reasonable degree of care; (b) not use the disclosing Party's Confidential Information, or permit it to be accessed or used, for any purpose other than to perform its obligations under this Agreement, or otherwise in any manner to the Disclosing Party's detriment; (c) not disclose any such Confidential Information to any person or entity, except to the receiving Party's Representatives who (1) need to know the Confidential Information to assist the receiving Party, or act on its behalf, in relation to the Purpose or to exercise its rights under the Agreement; (2) are informed by the receiving Party of the confidential nature of the Confidential Information; and (3) are subject to confidentiality duties or obligations to the receiving Party that are no less restrictive than the terms and conditions of this Agreement; and be responsible for any breach of this Agreement caused by any of its Representatives. 8.2 The receiving Party may disclose the disclosing Party's Confidential Information pursuant to applicable federal, state or local law, regulation or a valid order issued by a court or governmental agency of competent jurisdiction (a "Legal Order"), provided that the receiving Party shall first make commercially reasonable efforts to provide the disclosing Party with prompt written notice of such requirement so that the disclosing Party may seek, at its sole cost and expense, a protective order or other remedy. 5

6 8.3 This Agreement shall not limit ThinkGeek s ability to market, develop and provide functionally comparable deliverables or services to others based on the same concepts, techniques and routines. This Agreement shall not preclude ThinkGeek from developing or providing deliverables or services that are competitive to the Idea, irrespective of their similarity. 9. General Provisions 9.1 This Agreement shall be governed by and construed in accordance with the laws of the Commonwealth of Virginia without giving effect to any choice or conflict of law provision or rule. The parties agree that venue for any dispute arising hereunder shall be the federal courts located in Alexandria, Virginia, or state courts located in Fairfax, Virginia. 9.2 EACH PARTY IRREVOCABLY AND UNCONDITIONALLY WAIVES ANY RIGHT IT MAY HAVE TO A TRIAL BY JURY IN RESPECT OF ANY LEGAL ACTION ARISING OUT OF OR RELATING TO THIS AGREEMENT OR THE TRANSACTIONS CONTEMPLATED HEREBY. 9.3 If any term or provision of this Agreement is invalid, illegal or unenforceable in any jurisdiction, it shall not affect any other term or provision of this Agreement. 9.4 All notices, requests, consents, claims, demands, waivers and other communications hereunder shall be in writing and shall be deemed to have been given: (a) when delivered by hand (with written confirmation of receipt); (b) when received by the addressee if sent by a nationally recognized overnight courier (receipt requested); (c) on the date sent by facsimile or of a PDF document (with confirmation of transmission) if sent during normal business hours of the recipient, and on the next business day if sent after normal business hours of the recipient; or (d) on the 6

7 third day after the date mailed, by certified or registered mail, return receipt requested, postage prepaid. Such communications must be sent to the respective parties at the addresses set forth on the first page of this Agreement (or to such other address that may be designated). 9.5 This Agreement is for the sole benefit of the parties hereto and their respective successors and permitted assigns and nothing herein, express or implied, is intended to or shall confer on any other person or entity any legal or equitable right, benefit or remedy of any nature whatsoever under or by reason of this Agreement. 9.6 No waiver by any Party of any of the provisions hereof shall be effective unless explicitly set forth in writing and signed by the Party so waiving. No waiver by any Party shall operate or be construed as a waiver in respect of any failure, breach or default not expressly identified by such written waiver, whether of a similar or different character, and whether occurring before or after that waiver. No failure to exercise, or delay in exercising, any right, remedy, power or privilege arising from this Agreement shall operate or be construed as a waiver thereof; nor shall any single or partial exercise of any right, remedy, power or privilege hereunder preclude any other or further exercise thereof or the exercise of any other right, remedy, power or privilege. 9.7 The Inventor shall not assign any of its rights or delegate any of its obligations hereunder without the prior written consent of ThinkGeek. Any purported assignment or delegation in violation of this Agreement shall be null and void. No assignment or delegation shall relieve the Licensee of any of its obligations hereunder. 9.8 Nothing contained in this Agreement shall be construed as creating any agency, partnership, or other form of joint enterprise between the Parties. The relationship between the Parties shall at all times be that of independent contractors. Neither Party shall 7

8 have authority to contract for or bind the other in any manner whatsoever This Agreement, together with all exhibits attached hereto, constitutes the sole and entire agreement of the Parties with respect to the subject matter contained herein, and supersedes all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, with respect to such subject matter. This Agreement may only be amended, modified or supplemented by an agreement in writing signed by each Party hereto. In the event of a conflict between the terms, provisions and conditions contained in the body of this Agreement and the terms, provisions and conditions contained in the Exhibits to this Agreement, the term, provisions and conditions contained in the body of this Agreement shall prevail. 8

PLANTTOGETHER REFERRAL PARTNER AGREEMENT. Updated: January 1, 2015

PLANTTOGETHER REFERRAL PARTNER AGREEMENT. Updated: January 1, 2015 PLANTTOGETHER REFERRAL PARTNER AGREEMENT Updated: January 1, 2015 Welcome to PlanetTogether s online referral program (the Referral Program ) provided by PlanetTogether, Inc. a California corporation with

More information

Master Software Purchase Agreement

Master Software Purchase Agreement Master Software Purchase Agreement This Master Software Purchase Agreement ( Agreement ) is entered into as of Wednesday, March 12, 2014 (the Effective Date ) by and between with principal offices at (

More information

Payroll Services Agreement

Payroll Services Agreement Payroll Services Agreement THIS PAYROLL SERVICES AGREEMENT (the Agreement ) is made and entered into this day of, 20, by and between Susan Arnoldussen, of Accounting Unlimited, LLC (the Payroll Service

More information

LICENSE TERMS AND CONDITIONS THE CHRONICLE OF HIGHER EDUCATION ONLINE

LICENSE TERMS AND CONDITIONS THE CHRONICLE OF HIGHER EDUCATION ONLINE LICENSE TERMS AND CONDITIONS THE CHRONICLE OF HIGHER EDUCATION ONLINE A. The Chronicle of Higher Education is the operator of an online information service available on a subscription basis which provides

More information

WEBSITE DEVELOPMENT STANDARD TERMS AND CONDITIONS

WEBSITE DEVELOPMENT STANDARD TERMS AND CONDITIONS WEBSITE DEVELOPMENT STANDARD TERMS AND CONDITIONS A. Client commitment: Client agrees to allocate time and process information, as needed, during the duration of the project. Client agrees to review the

More information

APP SOFTWARE LICENSE AGREEMENT

APP SOFTWARE LICENSE AGREEMENT APP SOFTWARE LICENSE AGREEMENT This App Software License Agreement (the Agreement ) is made by and between AvePoint, Inc., a Delaware company, with offices at Harborside Financial Center, Plaza 10, 3 Second

More information

Affiliate Agreement. 1. Definitions. 2. Term Of The Agreement. 3. Promotion

Affiliate Agreement. 1. Definitions. 2. Term Of The Agreement. 3. Promotion Affiliate Agreement This Agreement contains the complete terms and conditions that apply to your participation as an Affiliate of the qrstuff.com Affiliate Marketing Program, and the establishment of hypertext

More information

SAMPLE SOFTWARE LICENSE AGREEMENT (Review Copy)

SAMPLE SOFTWARE LICENSE AGREEMENT (Review Copy) SAMPLE SOFTWARE LICENSE AGREEMENT (Review Copy) THIS AGREEMENT is entered into as of XXXX ("Effective Date") by and between NIELSEN ENGINEERING & RESEARCH, INC. (NEAR), with offices at 605 Ellis Street,

More information

DISTRIBUTOR AGREEMENT

DISTRIBUTOR AGREEMENT DISTRIBUTOR AGREEMENT This Distributor Agreement (the "Agreement") is entered into as of, 20 ("Effective Date"), by Absoft Corporation ("Absoft"), 2781 Bond Street, Rochester Hills, Michigan 48309, U.S.A.,

More information

SOFTWARE LICENSE AGREEMENT

SOFTWARE LICENSE AGREEMENT SOFTWARE LICENSE AGREEMENT This Software License Agreement (the "Agreement") is a legal agreement between you (either an individual or a legal entity) (the "Licensee") and IMC B.V. located at Zwolleweg

More information

SOFTWARE LICENSE AGREEMENT (Web Version October 18, 2002)

SOFTWARE LICENSE AGREEMENT (Web Version October 18, 2002) SOFTWARE LICENSE AGREEMENT (Web Version October 18, 2002) Whenever LICENSEE licenses software products ( Program(s) as further defined herein), a License Form shall be executed which shall refer to this

More information

THE TERMS AND CONDITIONS OF FUTURE LINK AUTOMATED OFFSITE BACKUP SERVICE

THE TERMS AND CONDITIONS OF FUTURE LINK AUTOMATED OFFSITE BACKUP SERVICE THE TERMS AND CONDITIONS OF FUTURE LINK AUTOMATED OFFSITE BACKUP SERVICE THIS SUBSCRIBER AGREEMENT (this Agreement ) is entered into as of the effective date on the Automated Offsite Backup Order Form

More information

Neustar Referral Partnership Agreement

Neustar Referral Partnership Agreement Neustar Referral Partnership Agreement This NEUSTAR REFERRAL AFFILIATE PARTNERSHIP AGREEMENT ( Agreement ) is made and entered into between Neustar, Inc. a Delaware Corporation, located at 46000 Center

More information

Consulting Terms. 1. Consulting Services

Consulting Terms. 1. Consulting Services These Consulting Terms, together with a Work Order, and any terms which are incorporated by written reference in any of the foregoing (including written reference to information contained in a URL or policy)

More information

Services Agreement between Client and Provider

Services Agreement between Client and Provider Services Agreement between Client and Provider This Services Agreement is part of the Member Contract between Client and Provider, effective upon Client s award and Provider s acceptance of a Job on the

More information

Interactive Brokers Hong Kong Agreement for Advisors Providing Services to Interactive Brokers Clients

Interactive Brokers Hong Kong Agreement for Advisors Providing Services to Interactive Brokers Clients Interactive Brokers Hong Kong Agreement for Advisors Providing Services to Interactive Brokers Clients This Agreement is entered into between Interactive Brokers Hong Kong Ltd ("IB") and the undersigned

More information

Real Estate Salesman Agreement (Independent Contractor)

Real Estate Salesman Agreement (Independent Contractor) Real Estate Salesman Agreement (Independent Contractor) This Packet Includes: 1. General Information 2. Instructions and Checklist 3. Real Estate Salesman Agreement (Independent Contractor ) 1 General

More information

COMPUTER SOFTWARE AS A SERVICE LICENSE AGREEMENT

COMPUTER SOFTWARE AS A SERVICE LICENSE AGREEMENT COMPUTER SOFTWARE AS A SERVICE LICENSE AGREEMENT This Agreement is binding on the individual and the company, or other organization or entity, on whose behalf such individual accepts this Agreement, that

More information

Web Site Development Agreement

Web Site Development Agreement Web Site Development Agreement 1. Parties; Effective Date. This Web Site Development Agreement ( Agreement ) is between Plug-N-Run, its affiliates, (including but not limited to USA Financial, USA Financial

More information

MTConnect Institute Public Comment and Evaluation License Agreement

MTConnect Institute Public Comment and Evaluation License Agreement MTConnect Institute Public Comment and Evaluation License Agreement Effective 6/10/2015 The Association for Manufacturing Technology, a non-profit organization ( AMT ), and the MTConnect Institute jointly

More information

exmeritus Software Incorporated ENTERPRISE SOFTWARE LICENSE AGREEMENT COVER PAGE

exmeritus Software Incorporated ENTERPRISE SOFTWARE LICENSE AGREEMENT COVER PAGE exmeritus Software Incorporated 5405 Kennington Place, Fairfax, VA 22032 ENTERPRISE SOFTWARE LICENSE AGREEMENT COVER PAGE VOID IF EXECUTED AFTER The attached documents describe the relationship between

More information

INDEPENDENT VIRTUAL ASSISTANT AGREEMENT (Company)

INDEPENDENT VIRTUAL ASSISTANT AGREEMENT (Company) INDEPENDENT VIRTUAL ASSISTANT AGREEMENT (Company) This Independent Virtual Assistant Agreement ( Agreement ) is entered into as of,, by and between, with a principal place of business at ( Company ), and,

More information

Affiliate means a legal entity that is owned by or under common ownership with Stratus Technologies Ireland Limited.

Affiliate means a legal entity that is owned by or under common ownership with Stratus Technologies Ireland Limited. STRATUS TECHNOLOGIES IRELAND LIMITED ( STRATUS ) END-USER LICENSE AGREEMENT AND SOFTWARE SUPPORT TERMS AND CONDITIONS FOR STRATUS everrun SOFTWARE PRODUCTS Please read this end user license agreement ("EULA")

More information

TERMS AND CONDITIONS

TERMS AND CONDITIONS TERMS AND CONDITIONS 1. Definitions. Buyer means the person, corporation or other entity purchasing Products from Seller. Products means all goods and materials to be provided pursuant to this Sales Acknowledgment.

More information

Service Agreement Hosted Dynamics GP

Service Agreement Hosted Dynamics GP Service Agreement Hosted Dynamics GP This is a Contract between you ( Company ) and WebSan Solutions Inc. ( WebSan ) of 245 Fairview Mall Drive, Suite 508, Toronto, ON M2J 4T1, Canada. This contract applies

More information

CLOUD COMPUTER SERVICES SOFTWARE SALES & LICENSE AGREEMENT

CLOUD COMPUTER SERVICES SOFTWARE SALES & LICENSE AGREEMENT CLOUD COMPUTER SERVICES SOFTWARE SALES & LICENSE AGREEMENT This computer software license agreement ( Agreement ) is entered into as of May 1, 2015, by and between QuickSchools.com, Inc. ( Licensor and

More information

FAX COVER PAGE GENERATOR SDK/ACTIVEX LICENSE AGREEMENT

FAX COVER PAGE GENERATOR SDK/ACTIVEX LICENSE AGREEMENT FAX COVER PAGE GENERATOR SDK/ACTIVEX LICENSE AGREEMENT This Software Development License Agreement ( Agreement ) is made and entered into by and between ( Licensee ), a corporation having its principal

More information

Geomant Americas Inc. END USER SOFTWARE LICENSE AGREEMENT

Geomant Americas Inc. END USER SOFTWARE LICENSE AGREEMENT Geomant Americas Inc. END USER SOFTWARE LICENSE AGREEMENT 1.Definitions. The following terms are defined for the purposes of this Agreement as follows: (a) Client shall mean any Reseller provided client

More information

NON EXCLUSIVE BROKER REFERRAL AGREEMENT

NON EXCLUSIVE BROKER REFERRAL AGREEMENT NON EXCLUSIVE BROKER REFERRAL AGREEMENT THIS NON-EXCLUSIVE BROKER REFERRAL AGREEMENT (this Broker Contract ) is made this day of, 2013 by and between [NAME] (herein after called the "IFPG FRANCHISE CONSULTANT/BROKER

More information

MRMLS LISTING INFORMATION LICENSE AGREEMENT

MRMLS LISTING INFORMATION LICENSE AGREEMENT MRMLS LISTING INFORMATION LICENSE AGREEMENT (MRMLS data feed to Affiliated VOW Partner) This Listing Information License Agreement (the Agreement ) is made and entered into by and between MULTI REGIONAL

More information

Statement of Work. for. Online Event Registration Product Deployment for Salesforce Implementation. for. Open Web Application Security Project (OWASP)

Statement of Work. for. Online Event Registration Product Deployment for Salesforce Implementation. for. Open Web Application Security Project (OWASP) Statement of Work for Online Event Registration Product Deployment for Salesforce Implementation for Open Web Application Security Project (OWASP) July 9, 2010 TABLE OF CONTENTS INTRODUCTION... 3 SCOPE...

More information

ELKHART COUNTY BOARD OF REALTORS AND MULTIPLE LISTING SERVICE OF ELKHART COUNTY INC. VIRTUAL OFFICE WEBSITE (VOW) LICENSE AGREEMENT

ELKHART COUNTY BOARD OF REALTORS AND MULTIPLE LISTING SERVICE OF ELKHART COUNTY INC. VIRTUAL OFFICE WEBSITE (VOW) LICENSE AGREEMENT ELKHART COUNTY BOARD OF REALTORS AND MULTIPLE LISTING SERVICE OF ELKHART COUNTY INC. VIRTUAL OFFICE WEBSITE (VOW) LICENSE AGREEMENT This License Agreement (the Agreement) is made and entered into between

More information

HYBRID SOLUTIONS INDEPENDENT SOFTWARE VENDOR AGREEMENT

HYBRID SOLUTIONS INDEPENDENT SOFTWARE VENDOR AGREEMENT HYBRID SOLUTIONS INDEPENDENT SOFTWARE VENDOR AGREEMENT THE VERTEXFX TRADER API (THE SOFTWARE ) AND THE ACCOMPANYING DOCUMENTATION (THE RELATED MATERIALS ) (COLLECTIVELY, THE PRODUCT ) ARE PROTECTED BY

More information

OFFICE IQ. Software End User License Agreement

OFFICE IQ. Software End User License Agreement OFFICE IQ Software End User License Agreement This End User License Agreement, ( Agreement ), is a binding agreement between Humanscale Corporation, a New York corporation having a place of business at

More information

VIRTUAL OFFICE WEBSITE LICENSE AGREEMENT

VIRTUAL OFFICE WEBSITE LICENSE AGREEMENT Florida Keys Multiple Listing Service, Inc. VIRTUAL OFFICE WEBSITE LICENSE AGREEMENT Florida Keys MLS, Inc. 92410 Overseas Hwy, Ste. 11 Tavernier FL 33070 305-852-92940 305-852-0716 (fax) www.flexmls.com

More information

READ THIS AGREEMENT CAREFULLY.

READ THIS AGREEMENT CAREFULLY. NEXB INC. END USER AGREEMENT FOR SOFTWARE AS A SERVICE READ THIS AGREEMENT CAREFULLY. This Agreement is a legally binding agreement between you (meaning the person or the entity that obtained the Service

More information

EmoeHost agrees to provide to Client the Services agreed upon between EmoeHost and Client as selected by Client at www.emoehostmaine.com.

EmoeHost agrees to provide to Client the Services agreed upon between EmoeHost and Client as selected by Client at www.emoehostmaine.com. EmoeHost Service Agreement 1. Site Services EmoeHost agrees to provide to Client the Services agreed upon between EmoeHost and Client as selected by Client at www.emoehostmaine.com. 2. Payment & Invoicing

More information

SELLING TERMS AND CONDITIONS

SELLING TERMS AND CONDITIONS SELLING TERMS AND CONDITIONS 1. The Agreement. All sales by Sterling Machinery, Inc., an Arkansas corporation (the Seller ) to the purchaser of Seller s Goods (the Buyer ) shall be governed by the following

More information

SMARSH WEBSITE & HOSTING REPRESENTATIVE TERMS & CONDITIONS

SMARSH WEBSITE & HOSTING REPRESENTATIVE TERMS & CONDITIONS SMARSH WEBSITE & HOSTING REPRESENTATIVE TERMS & CONDITIONS This Webhosting & Services Terms and Conditions ( Terms ) are effective as of the date of execution of the Order Form, as defined in Section 1,

More information

USE AGREEMENT KARTO LOGGER SOFTWARE AND WEB MAPPING SERVICE

USE AGREEMENT KARTO LOGGER SOFTWARE AND WEB MAPPING SERVICE USE AGREEMENT KARTO LOGGER SOFTWARE AND WEB MAPPING SERVICE PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS WEBSITE AND/OR THE VERSION OF THE SOFTWARE (AS SUCH TERM IS DEFINED

More information

Lenders Axis LLC Working Capital Sales Agent Agreement Lenders Axis Sales Agent Agreement V 2.0

Lenders Axis LLC Working Capital Sales Agent Agreement Lenders Axis Sales Agent Agreement V 2.0 Lenders Axis LLC Working Capital Sales Agent Agreement Lenders Axis Sales Agent Agreement V 2.0 This Sales Agent Agreement (the Agreement ) is made and effective as of this the day of 13 by and between

More information

COLLABORATION AGREEMENT

COLLABORATION AGREEMENT COLLABORATION AGREEMENT This Collaboration Agreement ( Agreement ) is made by and between Microryza Inc., a Delaware corporation (the Company ) and, a Delaware Corporation (the University ) (together with

More information

MORTGAGE BROKER AGREEMENT

MORTGAGE BROKER AGREEMENT MORTGAGE BROKER AGREEMENT This Mortgage Broker Agreement (the "Agreement") is entered into by and between: ST. CLOUD MORTGAGE, a California Corporation (the "Lender"), and (the "Mortgage Broker") as of

More information

BROCADE COMMUNICATIONS SYSTEMS, INC. END USER SOFTWARE LICENSE AGREEMENT FOR BROCADE IP ANALYTICS PACK FOR VMWARE VREALIZE OPERATIONS

BROCADE COMMUNICATIONS SYSTEMS, INC. END USER SOFTWARE LICENSE AGREEMENT FOR BROCADE IP ANALYTICS PACK FOR VMWARE VREALIZE OPERATIONS BROCADE COMMUNICATIONS SYSTEMS, INC. END USER SOFTWARE LICENSE AGREEMENT FOR BROCADE IP ANALYTICS PACK FOR VMWARE VREALIZE OPERATIONS IMPORTANT: READ THIS CAREFULLY BEFORE INSTALLING, USING OR ELECTRONICALLY

More information

BROKERAGE AGREEMENT. WHEREAS Broker wishes to gain access to and offer Paragon s specialized insurance products and services to its clients; and

BROKERAGE AGREEMENT. WHEREAS Broker wishes to gain access to and offer Paragon s specialized insurance products and services to its clients; and BROKERAGE AGREEMENT This Agreement, effective 2014 is between Paragon Insurance Holdings, LLC ( Paragon ), 45 Nod Road, Avon, Connecticut 06001 with underwriting office at 850 Fulton Street, Farmingdale,

More information

INTEL SOFTWARE LICENSE AGREEMENT (OEM / IHV / ISV Distribution & Single User)

INTEL SOFTWARE LICENSE AGREEMENT (OEM / IHV / ISV Distribution & Single User) INTEL SOFTWARE LICENSE AGREEMENT (OEM / IHV / ISV Distribution & Single User) By clicking the Accept button, I signify that I have read and accept the terms below. IMPORTANT - READ BEFORE COPYING, INSTALLING

More information

PROFESSIONAL SERVICES CONSULTING AGREEMENT

PROFESSIONAL SERVICES CONSULTING AGREEMENT PROFESSIONAL SERVICES CONSULTING AGREEMENT THIS AGREEMENT, effective as of the date of (the Effective Date ), is by and between New Jersey Institute of Technology ("NJIT"), a public research university,

More information

Paychex Accounting Online Terms of Use

Paychex Accounting Online Terms of Use Paychex Accounting Online Terms of Use Paychex recommends that Client read the Terms of Use prior to using the Paychex Accounting Online Software ( Software ). If Client does not accept and agree with

More information

WEB HOSTING AGREEMENT

WEB HOSTING AGREEMENT WEB HOSTING AGREEMENT This Hosting Agreement (this Agreement ) is made and entered into by and between Rotovac Corporation, a Washington corporation with offices at 17905 Bothell Everett Hwy, Mill Creek,

More information

CONSULTING SERVICES AGREEMENT

CONSULTING SERVICES AGREEMENT CONSULTING SERVICES AGREEMENT THIS AGREEMENT ("Agreement") is entered into on / /, between SCWOA ("Consultant"), a CA corporation with its principal place of business located at PO Box 1195, Pacifica,

More information

AGREEMENT AND TERMS OF USE FOR INTERNET ADVERTISING SERVICES

AGREEMENT AND TERMS OF USE FOR INTERNET ADVERTISING SERVICES AGREEMENT AND TERMS OF USE FOR INTERNET ADVERTISING SERVICES This Agreement and Terms of Use for Internet Advertising Services (the "Agreement") is made and effective on the [DATE] date of submission BETWEEN:

More information

PWNIE EXPRESS TERMS AND CONDITIONS AND END USER LICENSE AGREEMENT PWN PULSE SOFTWARE AND SENSOR HARDWARE AS A SERVICE

PWNIE EXPRESS TERMS AND CONDITIONS AND END USER LICENSE AGREEMENT PWN PULSE SOFTWARE AND SENSOR HARDWARE AS A SERVICE PWNIE EXPRESS TERMS AND CONDITIONS AND END USER LICENSE AGREEMENT PWN PULSE SOFTWARE AND SENSOR HARDWARE AS A SERVICE Pwnie Express and the end user customer or licensee (the Licensee ) agree that the

More information

PERSISTENT TELECOM SOLUTIONS INC. END USER LICENSE AND SERVICES AGREEMENT

PERSISTENT TELECOM SOLUTIONS INC. END USER LICENSE AND SERVICES AGREEMENT PERSISTENT TELECOM SOLUTIONS INC. END USER LICENSE AND SERVICES AGREEMENT THIS PERSISTENT TELECOM SOLUTIONS INC. END USER LICENSE AND SERVICES AGREEMENT (this Agreement ) is made by and between Persistent

More information

1. IMPORTANT NOTICE 2. LICENSE OF SOFTWARE PROGRAMS. 2.1. License Grant

1. IMPORTANT NOTICE 2. LICENSE OF SOFTWARE PROGRAMS. 2.1. License Grant RAPID FOCUS SECURITY, INC. DBA PWNIE EXPRESS END USER LICENSE AGREEMENT FOR ENTERPRISE PENTESTING APPLIANCE (EPA), PWN PLUG, PWN PLUG WIRELESS, PWN PLUG 3G, PWN PLUG ELITE, PWN PHONE, PWN PAD, PWN PLUG

More information

AGREEMENT. WHEREAS, Oakwood s website (the Oakwood Site ) is located at www.oakwood.com;

AGREEMENT. WHEREAS, Oakwood s website (the Oakwood Site ) is located at www.oakwood.com; AGREEMENT This Referral Agreement (the Agreement ) is entered into as of the Effective Date (see following page), by and between ( Affiliate Website ), and R&B Realty Group, a California limited Partnership,

More information

MCC TERMS AND CONITIONS

MCC TERMS AND CONITIONS MCC TERMS AND CONITIONS Welcome to MNCred.org, which is owned by Minnesota Credentialing Collaborative, LLC ( we, us or MCC ) a joint effort of the Minnesota Council of Health Plans (MCHP), Minnesota Hospital

More information

XANGATI END USER SOFTWARE LICENSE TERMS AND CONDITIONS

XANGATI END USER SOFTWARE LICENSE TERMS AND CONDITIONS XANGATI END USER SOFTWARE LICENSE TERMS AND CONDITIONS IMPORTANT: PLEASE READ BEFORE DOWNLOADING, INSTALLING OR USING THE XANGATI, INC. ("LICENSOR") SOFTWARE YOU HAVE LICENSED ("SOFTWARE"). BY EXECUTING

More information

EXHIBIT A SOFTWARE LICENSE TERMS AND CONDITIONS

EXHIBIT A SOFTWARE LICENSE TERMS AND CONDITIONS EXHIBIT A SOFTWARE LICENSE TERMS AND CONDITIONS These Software License Terms and Conditions ( Terms and Conditions ) govern the grant of a software license by ( Licensor ), a component of the University

More information

Master Service Agreement

Master Service Agreement This Master Services Agreement ( MSA ) is entered into by Rack Alley Inc., a Wyoming corporation, and its affiliates ( Company ), and the below-signed customer ( Customer ) on the date Customer signs the

More information

SEO Agreement SEARCH ENGINE OPTIMIZATION AND REPORTING AGREEMENT

SEO Agreement SEARCH ENGINE OPTIMIZATION AND REPORTING AGREEMENT SEO Agreement SEARCH ENGINE OPTIMIZATION AND REPORTING AGREEMENT This Search Engine Optimization and Reporting Agreement ("Agreement") is hereby entered into between India Market Softech (P)Ltd. (hereinafter

More information

Terms and Conditions

Terms and Conditions Terms and Conditions 1. TCD Software as a Service Terms and Conditions (the "Terms and Conditions") cover the relationship between The Cambridge Don ("TCD") and users (hereinafter referred to as the "Client")

More information

SYMPHONY LEARNING LICENSE AND REMOTE HOSTED SERVICES AGREEMENT

SYMPHONY LEARNING LICENSE AND REMOTE HOSTED SERVICES AGREEMENT SYMPHONY LEARNING LICENSE AND REMOTE HOSTED SERVICES AGREEMENT PLEASE READ THIS LICENSE AND REMOTE HOSTED SERVICES AGREEMENT CAREFULLY BEFORE USING THIS WEB SITE BY CHOOSING THE ACCEPT BUTTON YOU ARE (1)

More information

Software License and Services Agreement

Software License and Services Agreement Software License and Services Agreement This Software License and Services Agreement ( Agreement ) is made and entered into as of this day of, 19, between BC, Inc. ( BC ) and ( Customer ). In consideration

More information

1. EFFECTIVE DATE AND OPTION PERIOD

1. EFFECTIVE DATE AND OPTION PERIOD Option Agreement This Option Agreement (the "AGREEMENT") is made and entered into by and between EMORY UNIVERSITY, a nonprofit Georgia corporation with offices located at 1599 Clifton Road NE, 4 th Floor,

More information

For Use of Source Code Developed By The Florida Department of Transportation

For Use of Source Code Developed By The Florida Department of Transportation STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION SOFTWARE LICENSE AGREEMENT Other State Agencies Page 1 of 5 For Use of Source Code Developed By The Florida Department of Transportation Software License Agreement

More information

1.1 Authorized User means an employee of Customer who has been issued a User ID in accordance with Section 3.2(a).

1.1 Authorized User means an employee of Customer who has been issued a User ID in accordance with Section 3.2(a). RealPrence Cloud Video Meeting Services POLYCOM, INC., VIDEO-AS-A-SERVICE TERMS OF SERVICE This Video-as-a-Service Terms of Service (the Agreement ) govern the access to and use of the VaaS by each person

More information

CO-MARKETING AGREEMENT

CO-MARKETING AGREEMENT CO-MARKETING AGREEMENT This CO-MARKETING AGREEMENT ( Agreement ) between [full legal name], a [entity type and state] ( Company1 ) and [full legal name], a Delaware corporation ( Company2 ) is effective

More information

SOFTWARE AS A SERVICE AGREEMENT

SOFTWARE AS A SERVICE AGREEMENT SOFTWARE AS A SERVICE AGREEMENT IMPORTANT READ THIS SOFTWARE AS A SERVICE AGREEMENT (THIS AGREEMENT ) CAREFULLY. THIS AGREEMENT IS RELATED TO AND DEEMED INCORPORATED INTO THE ACCOMPANYING ORDERING DOCUMENT

More information

Collaboration Agreement

Collaboration Agreement Collaboration Agreement Effective as of [date] (the Effective Date ), [company], a company with a place of business at [address] ( Company ) and [university name and address] ( University ) agree as follows:

More information

1. Software Support Services.

1. Software Support Services. This Agreement for Software Support Services (the "Agreement") is entered into between Premium Internet LLC, with offices at 1209 Naperville Drive, Romeoville Illinois and the customer (the "Customer")

More information

Software License Agreement

Software License Agreement Software License Agreement GRANT OF LICENSE This Accusoft Corporation ("ACCUSOFT") Agreement ("LICENSE") grants YOU ("LICENSEE") a non-exclusive and non-transferable right to use the trial mode version

More information

Independent Contractor Agreement Computer Software Engineer

Independent Contractor Agreement Computer Software Engineer Form: Independent Contractor Agreement Computer Software Engineer Description: This is a sample form of Independent Contractor Agreement between a company and a computer software engineer who will provide

More information

STANDING CLOUD, INC. ( SC ) TERMS OF SERVICE

STANDING CLOUD, INC. ( SC ) TERMS OF SERVICE STANDING CLOUD, INC. ( SC ) TERMS OF SERVICE These Terms of Service ( Terms ) govern your use of Standing Cloud s online deployment platform for application software (the Services ). By using the Services,

More information

Ibis RMC SOFTWARE LICENSE AGREEMENT v2015

Ibis RMC SOFTWARE LICENSE AGREEMENT v2015 IBIS SOFTWARE CORPORATION 1901 Central Avenue Alameda, CA 94501 PHONE: 510-217-8775 FAX: 510-217-8780 EMAIL: WAGNER@OURTOOLBOX.COM Ibis RMC SOFTWARE LICENSE AGREEMENT v2015 This software license agreement

More information

.US Locality Domain Name Registration Terms and Conditions

.US Locality Domain Name Registration Terms and Conditions .US Locality Domain Name Registration Terms and Conditions 1. Introduction. This.US Locality Domain Name Registration Terms and Conditions document (the Terms & Conditions ), by and between you ( You or

More information

NON EXCLUSIVE LICENSE AGREEMENT

NON EXCLUSIVE LICENSE AGREEMENT WU Case No. NON EXCLUSIVE LICENSE AGREEMENT THIS NON EXCLUSIVE AGREEMENT (the Agreement ) is made and entered into as of the date of last signature of this Agreement, ( Effective Date ) by and between:

More information

COMPUTER SERVICES AGREEMENT

COMPUTER SERVICES AGREEMENT COMPUTER SERVICES AGREEMENT This COMPUTER SERVICES AGREEMENT ( "Agreement") is made and entered into effective as of the 1 day of January, 2008 (the Effective Date ), by and between 3T Productions, Inc.,

More information

BNSync User License Agreement

BNSync User License Agreement BNSync User License Agreement This Agreement ("Agreement") contains the complete terms and conditions that apply to your installation and use of BNSync, a proprietary software product that is owned and

More information

Referral Agency and Packaging Agency Agreement

Referral Agency and Packaging Agency Agreement Referral Agency and Packaging Agency Agreement Please read this agreement carefully. In signing this agreement, you acknowledge that you have read, understood and agree to be bound by each and every provision

More information

Page! 1 of! 6 Initials: [ ] 1CRM Software License Agreement Version 1.6. 1. The License

Page! 1 of! 6 Initials: [ ] 1CRM Software License Agreement Version 1.6. 1. The License 1CRM Software License Agreement Version 1.6 Page! 1 of! 6 BY INSTALLING OR USING THE 1CRM SOFTWARE (THE "SOFTWARE"), YOU ARE AGREEING ON BEHALF OF THE ENTITY LICENSING THE SOFTWARE ("COMPANY") THAT COMPANY

More information

Affiliate Marketing Agreement

Affiliate Marketing Agreement Affiliate Marketing Agreement This Affiliate Marketing Agreement ("Agreement") is made on this day of, 20, by and between Career Step, LLC, a Utah company with mailing address at 1220 North Main Street,

More information

WEB SITE DEVELOPMENT AGREEMENT. This WEB SITE DEVELOPMENT AGREEMENT ("Agreement") is an agreement between 3WDirect

WEB SITE DEVELOPMENT AGREEMENT. This WEB SITE DEVELOPMENT AGREEMENT (Agreement) is an agreement between 3WDirect WEB SITE DEVELOPMENT AGREEMENT This WEB SITE DEVELOPMENT AGREEMENT ("Agreement") is an agreement between 3WDirect ("Company") and the party set forth in the related order form ("Customer" or "you") incorporated

More information

"Owner" "Designer" 1. Description of the Services. "Website" Schedule A "Services" 2. Design Team. "Design Team" 3. Term / Scheduling.

Owner Designer 1. Description of the Services. Website Schedule A Services 2. Design Team. Design Team 3. Term / Scheduling. The following outlines the terms of service by and between the CLIENT (the "Owner") and Made Right Media (the "Designer"), of 720 W. Idaho St. #32, Boise, Idaho 83702. 1. Description of the Services. The

More information

LTC ELITE, LLC MEMBERSHIP AGREEMENT

LTC ELITE, LLC MEMBERSHIP AGREEMENT LTC ELITE, LLC MEMBERSHIP AGREEMENT This Membership Agreement (this Agreement ) is made and entered into effective, (the Effective Date ), by and between LTC Elite, LLC, a Texas limited liability company

More information

CCH Small Firm Services 2008 License Agreement for Online Applications Terms and Conditions

CCH Small Firm Services 2008 License Agreement for Online Applications Terms and Conditions CCH Small Firm Services 2008 License Agreement for Online Applications Terms and Conditions Universal Tax Systems, Inc. d/b/a CCH Small Firm Services, its successors, and assigns ( CCH SFS ) licenses all

More information

ALPHA TEST LICENSE AGREEMENT

ALPHA TEST LICENSE AGREEMENT ALPHA TEST LICENSE AGREEMENT IMPORTANT NOTICE! PLEASE READ THIS STATEMENT AND THE ALPHA TEST LICENSE AGREEMENT COMPLETELY BEFORE USING THIS ALPHA SOFTWARE. BY CLICKING ON THE BUTTON MARKED YES BELOW OR

More information

BROKER/AGENT INFORMATION PAGE RETS IDX

BROKER/AGENT INFORMATION PAGE RETS IDX FRESNO ASSOCIATION OF REALTORS IDX / RETS Compliance 6720 N West Ave. Fresno, CA 93711 (559) 490-6400 ~ rets@fresnorealtors.com BROKER/AGENT INFORMATION PAGE RETS IDX IN WITNESS WHEREOF, the parties hereto

More information

Canon USA, Inc. WEBVIEW LIVESCOPE SOFTWARE DEVELOPMENT KIT DEVELOPER LICENSE AGREEMENT

Canon USA, Inc. WEBVIEW LIVESCOPE SOFTWARE DEVELOPMENT KIT DEVELOPER LICENSE AGREEMENT Canon USA, Inc. WEBVIEW LIVESCOPE SOFTWARE DEVELOPMENT KIT DEVELOPER LICENSE AGREEMENT This Webview Livescope Software Development Kit Developer License ("Agreement") between you, the "Developer" and the

More information

Terms of Service. Permitted uses You may use the Services for your own internal business purposes only in accordance with these Terms.

Terms of Service. Permitted uses You may use the Services for your own internal business purposes only in accordance with these Terms. Terms of Service Description of services Through its network of Web properties, Nintex UK Ltd and its global affiliates ( Nintex or We ) provides a variety of resources, including but not limited to hosted

More information

4. Payment. 5. Confidential Information.

4. Payment. 5. Confidential Information. WEB ADVERTISING SERVICE AGREEMENT This Web Advertising Service Agreement (the "Agreement') is a legal agreement between you ("Publisher") and Vibrant Media, Inc. ("Vibrant"). YOU MUST READ AND AGREE TO

More information

WEBSITE TERMS & CONDITIONS. Last updated March 27, 2015

WEBSITE TERMS & CONDITIONS. Last updated March 27, 2015 WEBSITE TERMS & CONDITIONS Last updated March 27, 2015 1. Introduction and Acceptance of Terms & Conditions Running Away Enterprises, LLC, a Delaware limited liability company d/b/a Enmotive ( us, we,

More information

SOFTWARE DEVELOPMENT KIT LICENSE AGREEMENT

SOFTWARE DEVELOPMENT KIT LICENSE AGREEMENT Note: By clicking I AGREE, downloading, installing, or using the SDK, you conclude and agree to the terms of this license agreement (the Agreement ) in a legally binding manner with AirWatch LLC., 1155

More information

Adaptive System of School Improvement Support Tools (ASSIST ) TERMS AND CONDITIONS

Adaptive System of School Improvement Support Tools (ASSIST ) TERMS AND CONDITIONS Adaptive System of School Improvement Support Tools (ASSIST ) TERMS AND CONDITIONS Effective as of October 1, 2014 IMPORTANT THIS IS A LEGAL AGREEMENT BETWEEN YOU ("You" or the "Authorized User") AND ADVANCE

More information

Painting Services Agreement

Painting Services Agreement This Packet Includes: 1. General Information 2. Instructions and Checklist 3. Step-by-Step Instructions 4. General Information This is between a Client and a Contractor who will perform painting services

More information

JOHN DEERE DIFFERENTIAL CORRECTION SOFTWARE LICENSE AGREEMENT

JOHN DEERE DIFFERENTIAL CORRECTION SOFTWARE LICENSE AGREEMENT JOHN DEERE DIFFERENTIAL CORRECTION SOFTWARE LICENSE AGREEMENT IMPORTANT -- READ CAREFULLY. THIS IS A LEGAL CONTRACT BETWEEN YOU AND JOHN DEERE SHARED SERVICES, INC., A CORPORATION HAVING A PRINCIPAL ADDRESS

More information

Zope Foundation Trademark License

Zope Foundation Trademark License Trademark License This License Agreement ( Agreement ), is made as of this 1st day of March 2006, and effective on the latest date of the signatures indicated below, by and between ZOPE CORPORATION, a

More information

Website Development Agreement

Website Development Agreement Website Development Agreement This WEB SITE DEVELOPMENT AGREEMENT ("Agreement") is an agreement between India Market Softech Pvt. Ltd. (indiamarkethub.com) and the party set forth in the related order

More information

Independent Contractor Agreement (Long Form)

Independent Contractor Agreement (Long Form) Independent Contractor Agreement (Long Form) This Agreement is made between Babson College ("College"), a Massachusetts non-profit corporation with a principal place of business at 231 Forest Street, Babson

More information

PERFORCE End User License Agreement for Open Source Software Development

PERFORCE End User License Agreement for Open Source Software Development Perforce Open Source End User License Agreement Page 1 1. Introduction PERFORCE End User License Agreement for Open Source Software Development This is a License Agreement ( Agreement ) between Perforce

More information

Memorandum of Understanding

Memorandum of Understanding Document 1483A This document and the LeapLaw web site is provided with the understanding that neither LeapLaw Inc. nor any of the providers of information that appear on the web site is engaged in rendering

More information