Publisher Agreement
This agreement made and entered into on this date
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1. GRANT OF PUBLISHING RIGHTS
2. REPRESENTATIONS AND WARRANTIES
3. ROYALTIES
4. SUBSIDIARY RIGHTS
5. PAYMENTS
6. MANUSCRIPT AND DELIVERY
The Author agrees, if so, required by the publisher or if not already done so, to deliver to the Publisher and in final revised form an English language manuscript of a length and in a format or formats as agreed, and by a date as agreed. If, in the opinion of the Publisher, the manuscript is unacceptable or unsatisfactory to the Publisher, the Publisher may reject it by written notice within sixty (60) days of delivery, in which case this agreement shall be deemed terminated and there shall be no further obligation upon the Publisher to publish said work or to make any further payment hereunder, and all rights granted to the Publisher under this agreement shall revert to the Author.
7. EDITING RIGHTS
8. COPYRIGHT
9. PUBLICATION
The Publisher agrees to publish and commence distribution of said Work in digital or electronic format as defined in clause 1 above within twelve (12) months of delivery of the Author’s final manuscript, unless prevented by circumstances beyond the Publisher’s control, or unless otherwise agreed with the Author. In the event the Publisher fails to publish and distribute the Work by said date, the Author shall have the option to terminate this agreement upon seven days’ notice from the Author to the Publisher, and all rights hereunder shall revert to the Author. The Author shall retain any payments made under this agreement, without forfeiting the Author’s rights to seek further damages from the Publisher. However, this mandated publication date may be extended to any other date, and any number of such extensions may be made, upon mutual agreement between the Publisher and the Author. The Publisher undertakes to design and create the electronic book to a high standard within the technical limitations of the electronic book format at the time of publication, and to take full advantage of any enhancements to the standard book format, such as the use of hyperlinks and colour, where possible and appropriate.
11. INFRINGEMENT
If during the existence of this agreement the copyright shall be infringed, the Publisher may, at its own expense, take such legal action, in the Author’s name, if necessary, as may be required to restrain such infringement or to seek damages. The Publisher shall not be liable to the Author for the Publisher’s failure to take such legal steps. If the Publisher does not bring such an action, the Author may do so, in the Author’s name at the Author’s own expense. Money damages recovered for an infringement shall be applied first toward the repayment of the expense of bringing and maintaining the action, and thereafter the balance shall belong to the Author, provided, however, that any money damages recovered on account of a loss of the Publisher’s profits shall be divided equally between the Author and the Publisher.
12. BANKRUPTCY AND INSOLVENCY
If a petition in bankruptcy shall be filed by or against the Publisher, or if it shall be judged insolvent by any court, or if a Trustee or a Receiver of any property of the Publisher shall be appointed in any suit or proceeding by or against the Publisher, or if the Publisher shall make an assignment for the benefit of creditors or shall take the benefit of any bankruptcy or insolvency Act, or if the Publisher shall liquidate its business for any cause whatsoever, this agreement shall terminate automatically without notice, and such termination shall be effective as of date of the filing of such petition, adjudication, appointment, assignment or declaration or commencement of reorganization or liquidation proceedings, and all rights granted hereunder shall thereupon revert to the Author.
13. MORAL RIGHTS
14. NON-ASSIGNMENT
15. INHERITANCE
This agreement shall be binding upon and inure to the benefit of the heirs, executors, administrators and assigns of the Author, and upon and to the successors and assigns of the Publisher.
16. FORCE MAJEURE
17. DISPUTES
If the Publisher is in any way in breach of this contract and fails to remedy the breach within 30 days from written notice by the Author, or if the Publisher ceases business as an electronic publisher, then all rights assigned to the publisher under this agreement will revert to the Author. In the event of any dispute or disagreement regarding this agreement, the parties agree that common sense should prevail, and that, if necessary, an independent person or persons mutually agreed upon by both parties can be called upon to make a decision which is binding upon both parties. This agreement shall be governed by and interpreted in all respects in accordance with the law of England & Wales.
SIGNATURE
Author email address:
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