THIS INKITT PUBLISHING AGREEMENT (the “Agreement”) is made on the ____ day of ________, 2016 (the “Effective Date”), by and between Inkitt GmbH (the “Publisher”) and [Enter Author’s Name/Entity] (the “Author,” which term shall be deemed to include the Author's executor, devisees, heirs, and literary assigns).
The Author desires the Publisher to publish the Author’s work titled [Enter Author’s Name/Entity], (the “Work” or “Works”), and Publisher desires to publish the Work throughout the world and in any format, whether electronic or hard copy or otherwise, subject to the terms hereof;
In consideration of the promises hereinafter set forth and for valuable consideration, receipt whereof is acknowledged, the parties agree as follows:
Copyright of the Work, if not heretofore registered, may be registered by the Publisher, upon first publication, in a timely manner in the name of the Author, in the United States and in such other countries as the Publisher deems feasible or desirable, and the proper copyright notice or notices necessary to protect copyright to and in any Work shall be printed on the reverse side of the title page or in another appropriate place, in every copy thereof, in the name of the Author. The Publisher shall also have the right to effect any renewals of copyright provided by law and the right to any assistance from the Author or Author’s heirs, successors, or assigns, essential thereto.
Publisher retains the right to edit and revise the Work for any and all uses described under this Agreement, provided that Author’s original concept of work is not materially altered without Author’s consent. Author understands such changes are necessary for the overall improvement of the Work. Whenever Author does not submit the Work in form on time or if the work does not meet Publisher’s minimum standard of quality, Publisher shall send a notification to the Author. Upon receival of this notification the Parties will have fourteen (14) calendar days to resolve the dispute amicably or to settle a new Submission Date, otherwise may cause the termination of this agreement for a case of non-performance.
The Author agrees that during the term of this Agreement, Author will not interfere with, nor prepare or cause to be prepared or published in Author’s name or otherwise, any work that may interfere with Publisher’s distribution and sale of the Work herein specified.
Any notice or other communication required, or which may be given, pursuant to this Agreement, shall be in writing, whether by email (provided receipt is confirmed by the recipient party hereto) or by regular mail. If by regular mail, any such notices to the appropriate address set forth below, or such other address as a party may provide notice of in accordance with this section: [add address].
This Agreement shall be binding upon and inure to the benefit of the executors, administrators, and assigns of the Author and upon and to the successors and assigns of the Publisher. Author may not assign this Agreement without the express written permission of Publisher. Publisher may assign this Agreement at its discretion. Author does not have any right or authority to enter into any agreements on behalf of the Publisher.
Unless previously terminated as provided herein, this Agreement shall continue in full force, for a period of fifteen (15) years from the Effective Date and may be renewed for any additional five (5) years by mutual agreement in writing by both parties hereto effectuated within sixty (60) days before the end of the initial fifteen (15) year term.
The failure of either party to exercise any of its rights under this Agreement for a breach thereof shall not be deemed to be a waiver of such rights, and no waiver by either party, whether written or oral, express or implied, of any rights under or arising from this Agreement shall be binding on any subsequent occasion; and no concession by either party shall be treated as an implied modification of the Agreement unless specifically agreed in writing.
No amendment of, addition to or modification of this Agreement, whether prior to, during, or after the term of this Agreement, shall be effective unless reduced to writing and signed by the parties hereto.
This Agreement shall be interpreted according to the laws and statutes of the United States of America and of the State of New York, except that its conflicts of law provisions shall not apply. Any litigation relating to this Agreement shall be pursued in New York, New York, USA.
In the event one or more clauses of this Agreement are declared invalid, void, unenforceable or illegal, that shall not affect the validity of the remaining provisions or portions of this Agreement.
This Agreement sets forth the entire agreement of the parties, and replaces and supersedes any previous agreement between the parties on the subject, whether oral or written, express or implied.
IN NO CASE SHALL PUBLISHER’S MAXIMUM LIABILITY ARISING OUT OF THIS AGREEMENT, WHETHER BASED UPON WARRANTY, CONTRACT, NEGLIGENCE, TORT, STRICT LIABILITY OR OTHERWISE, EXCEED IN THE AGGREGATE, THE ACTUAL AMOUNTS REQUIRED TO BE PAID TO AUTHOR IN THE TRAILING TWELVE (12) MONTHS FROM THE DATE OF SUCH CLAIM THAT GIVES RISE TO ANY LIABILITY. IN NO EVENT SHALL PUBLISHER BE LIABLE FOR: (i) INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES, INCLUDING, BUT NOT LIMITED TO, LOSS OF PROFITS, LOSS OF REVENUES, LOSS OF OPPORTUNITIES, LOSS OF DATA, OR LOSS OF USE DAMAGES, ARISING OUT OF THIS AGREEMENT.
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