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INDEXING
AGREEMENT
This
agreement is made on _____________________, 2005 between:
Buz
Riley
WPR Indexing Service
P.O. Box 687 Dillon, Montana
(hereafter,
"Indexer"), and:
___________________________________________________________
___________________________________________________________
___________________________________________________________
___________________________________________________________
(hereafter,
"Publisher/Author").
Based
upon certain preliminary discussions with the Publisher/Author the
Indexer has agreed to perform certain indexing work as specified in
Attachment A. Both parties
realize that it is very important that the specifications outlined in
Attachment A be agreed upon prior to the commencement of indexing work.
The Publisher/Author realizes that changes made to these
specifications at a later date may result in increased charges.
Assignment
of Rights
Upon
receipt of full payment for the indexing work, the Indexer agrees to
assign the following rights to the Publisher/Author (both parties must
initial selections below):
____
All rights: All original index works authored by the Indexer as a
result of work performed under this Agreement shall be considered a
"work made for hire" for the purposes of United States
copyright laws and are the sole property of the Publisher/Author.
The Indexer assigns all rights to the Publisher/Author, including
but not limited to all paper media and electronic media rights.
____
All paper media rights: The rights assigned by the Indexer to all
original index works authored by the Indexer as a result of work
performed under this Agreement shall be limited to the reproduction of
the index in paper media form. Paper
media form includes, but is not limited to, the right to reprint, the
world-wide right to publish in paper form, and subsidiary paper media
rights.
____
All electronic media rights: The rights assigned by the Indexer
to all original index works authored by the Indexer as a result of work
performed under this Agreement shall be limited to the reproduction of
the index in electronic media form.
Electronic media form includes, but is not limited to, the right
to reprint on magnetic disk, CD-ROM disc, or to make the index available
in an online, electronic environment.
____
Other rights: See Attachment B.
____
The indexer grants the selected rights above at no additional
consideration in the form of a world-wide, perpetual royalty-free
license to the Publisher/Author.
____
Attachment C describes the fees to be paid by the
Publisher/Author for copyright assignments.
Author
Credit and Editorial Approval
____
The Publisher/Author agrees to provide credit to the Indexer
either on the copyright page or on the first page of the index itself.
____
The Publisher/Author will not provide credit to the author of the
index.
____
The Indexer agrees to review any editorial changes made to the
index and will be available for review of index page proofs during the
time period outlined in Attachment A.
____
The Publisher/Author agrees to inform the Indexer of any and all
changes made to any index authored by the Indexer as a result of work
performed under this Agreement. The
Publisher/Author also agrees to provide the Indexer with page proofs of
the index for the purpose of review by the Indexer.
____
Should differences result regarding editorial changes made to the
index, the Publisher/Author agrees to remove credit for the index if so
requested by the Indexer.
Subcontracting
____
The Indexer may subcontract work performed under this Agreement
under the following conditions: 1) the Indexer secures copyright to the
work performed so that the Indexer is in a position to assign rights to
the Publisher/Author; and 2) the Indexer, not the Publisher/Author, is
responsible for any and all payments to the Indexer's subcontractors.
____
The Indexer may not subcontract work performed under this
Agreement.
Payment
The
Indexer shall invoice the Publisher/Author for actual work performed at
a rate set forth in Attachment A. The
Publisher/Author shall pay said invoices upon receipt, with payment
being due upon acceptance of the finished index.
Delivery
of Work
Should
the delivery of page proofs to the Indexer be later than the date (s)
specified in Attachment A, the delivery of the index to the
Publisher/Author may be delayed by the same number of days.
If the delivery of page proofs to the indexer is delayed by ____
( ) or more business days,
the indexer may terminate this contract without prejudice.
Relationship
of Parties
Nothing
in this Agreement shall in any way be construed to constitute the
Indexer as the agent, employee, or representative of the
Publisher/Author; the Indexer shall perform its obligations as an
independent contractor.
Term
The
Indexer will begin work on the date of delivery of initial set of page
proofs as indicated in Attachment A and, unless terminated sooner, the
Agreement will end when the Indexer's services are completed.
Assignment
Neither
party may assign or delegate its rights or obligations under this
Agreement without the other's written consent.
Termination
Either
party may terminate this Agreement by providing notice in writing to the
other party no less than _____ ( )
days prior to the commencement of work.
The notice of termination shall be effective upon receipt.
Should the Publisher/Author terminate this Agreement less than
____ ( ) days prior to the
commencement of work as specified on Attachment A, the Indexer shall be
entitled upon written request to a 15% cancellation fee based upon the
maximum expected payment for work as specified in Attachment.
Governing
Law; Severability
Montana
State law shall govern and enforce this Agreement.
Any litigation or arbitration between the parties shall take
place in Beaverhead County, Montana.
If any provision of this Agreement is found by a court of
competent jurisdiction to be unenforceable for any reason, the remainder
of the Agreement shall continue in full force and effect.
Modification
Any
modification, waiver, or amendment of any provision of this contract
shall be effective only if in writing and signed by both parties.
This
Agreement supersedes all other agreements, whether written or oral,
between the parties hereto relating to the subject matter hereof.
The
parties indicated below declare that they have read, that they
understand, and that they agree to abide by the terms of this agreement.
This agreement has been signed by the parties in two identical
copies of which each party has taken one.
INDEXER
Publisher/Author
_____________________________
_____________________________
Authorized
Signature
Authorized Signature
Name:
______________________
Name:
______________________
Title:
______________________
Title:
______________________
Date:
______________________
Date:
______________________
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