|
United States Naval Institute
TERMS OF PUBLICATION
For good and valuable consideration, the receipt and sufficiency of which acknowledged, the below named person(s), (collectively and severally, ""Author""), and the United States Naval Institute (""USNI"") hereby agree as follows:
1. Author hereby transfers, conveys, sells, and assigns the entire right, title, and interest of the Author in a work about (or tentatively entitled or described as:
""<>"" <>
(the ""Work"") to USNI (including its successors and assigns). The parties understand that the title or description of the Work may change over time, but that this Assignment applies to the Work, regardless.
2. This Agreement includes the Work and all derivative works thereof, in any and all media (now or hereafter in existence) anywhere in the universe, in perpetuity (for the full term of the intellectual property rights, as well as any extensions, reissues, or renewals); it includes intellectual property rights in copyright, database rights, sui generis rights, neighboring rights, moral rights, privacy/publicity rights, as well as any right created by a law that gives a person, independently of contract, a right to control or preclude another person's use of the Work on the basis of the rights holder's interest.
3. Author warrants that the Author has the sole and exclusive ownership or rights to the Work, without lien, encumbrance, or claim of any third party; has the legal, corporate, or other authority to convey good and full right, title and interest; there are no outstanding licenses, covenants not to sue, settlement agreements, or other grants or assignments; this Agreement is without the need for any application or consent of any third party, and this Agreement will not conflict with or cause the Author to breach or be in default of any other agreement or obligation (including that the Work (or its use) will not violate the intellectual property rights of any third person, is not libelous, slanderous, defamation, or an infringement of any right of privacy or publicity).
4. Author further warrants that no material portion of the Work has been copied or plagiarized from any other source or has been previously published including through widely circulated emails or on the internet). Author warrants that the Work does not include any portion that is staged, reenacted, doctored, represents a composite or different persons or events, or is otherwise altered or edited so as to portray events other than with all material aspects intact (such as not correctly portraying the actual time, place, people, background, or other material aspect), unless conspicuously disclosed in the Work or with the prior written approval of USNI, is to the best of the Author's knowledge and belief accurate; and is the Author's true and honest opinion. Author will indemnify and hold harmless USNI against any breach of this or the last Section.
5. The Author hereby also agrees to promptly execute and/or deliver to USNI or its legal representative any papers, instruments, affidavits, or other documents that legally may be required or desired by USNI in connection with the filing, prosecution, maintenance, defense, and enforcement of any intellectual property right in the Work, without any additional consideration.
6. Author agrees that no advertising or promotional material related to, or editing of, the Work need be submitted to Author for approval. USNI has the sole right to determine the title, subtitles, fonts, captions, illustrations, and any accompanying materials. USNI may use the work in connection with any or all of its present and future activities, such as its newsletters, Proceedings, Naval History, and other paper or multimedia publications, Get the Gouge, or its websites. USNI is under no obligation to publish the Work.
7. This agreement also binds each party's (including Author's) successors, heirs, representatives, and assigns. This Agreement and all matters arising from or related to it are subject to the laws of the State of Maryland, without reference to its conflict of laws principles. Both parties hereby irrevocably consent to (and waive any right to contest) the jurisdiction and venue of the courts for or in Annapolis, Maryland, and to exclusively bring in these courts any action or proceeding arising out of or relating to this Agreement.
8. No provision of this Agreement may be amended, modified, or waived, except by an instrument in writing executed by a duly authorized officer/partner/principal/representative of the party against whom enforcement is sought. This Agreement constitutes the final and entire agreement with respect to the Work and supersedes all previous or contemporaneous agreements, representations, and understandings relating to the Work or its use, whether oral or in writing.
IN WITNESS WHEREOF, an authorized officer/partner/principal of the parties has signed this Agreement with the intent to be legally bound thereby.
___________________________________ ___________________________________
, Author <>, for U.S. Naval Institute
Editor, <>
___________________________________ ___________________________________
Telephone Number Date
___________________________________
Social Security Number
___________________________________
Date
|
