Parties

• Licensor
• Licensee

When To Use

For use as an "author-publisher" agreement where Licensor grants to Licensee-publisher rights to publish Licensor's branded Software Product(s) on a standalone basis with options for bundling and OEM integration, in all channels, including traditional software channels and web channels.

This agreement is distinguished from our standard OEM agreements and the Distribution-Reseller agreements in that with the Publishing Agreement the Licensor-author desires only the development role for software products, and grants all the rights and responsibilities and related marketing and administrative burdens for the products to the Licensee-publisher.

The Software Product(s) are modified by Licensor to incorporate Licensee-publisher's own "private label" branding.

Licensor delivers master media to Licensee, and Licensee is responsible for manufacturing the finished products.

As a publisher, Licensee assumes all marketing responsibilities and "first line" technical support for the Software Product(s); Licensor provides only code-level support.

"Intelligent" Document Assembly Does Work For You

This is not a static downloadable form -- my embedded logic selects, orders, arranges, and formats my carefully worded clauses from the ContractMaker database and "intelligently" assembles your document -- you're empowered to create a near-custom agreement with 1000's of meaningful variations.

Features And Options

• The keys to establishing a successful publishing relationship are to clearly and concisely provide for the rights and limitations of the Licensee-Publisher (including reversionary rights to the author-Licensor if the Licensee-Publisher does not perform adequately) while providing for the royalty scheme that will fairly reward the OEM Distributor and optimize Licensor's revenues -- this agreement provides the necessary tools and options in all these areas
• As a publisher, Licensee assumes all marketing responsibilities for the Software Product(s)
• Licensor provides master media for Licensee to duplicate and to otherwise use in the development of Composite Product(s)
• Distribution through direct channels and Retail Channels
• 3 options regarding language versions for Software Product(s): (i) existing language version only, (ii) specified new language versions only, and (iii) existing plus specified new language versions
• 3 options for integration or merger (OEM rights) with other products: (i) OEM rights are not limited in any way, (ii) OEM rights are limited to specified Licensee product(s), and (iii) OEM rights only with prior consent of Licensor
• Royalty options include: lump sum royalty or periodic royalties, with additional options for advance royalty and guaranteed minimum royalty
• Flexible technical support and "pass-through" warranty options for performance warranty
• Options for unilateral or reciprocal confidentiality obligations
• Optional warranties regarding rights
• Option for dispute resolution by arbitration

Unlimited Drafting Benefit

One of the great benefits of our ContractMaker service is that if you're not sure how to structure your transaction, or if you want to develop "fall back" positions for negotiation purposes, you may draft alternate variations of this document at no extra charge to assist you in developing your strategies.