加拿大外贸
Dear SirsI have requested you and you have agreed to manufacture ‘samples’ of a design of sunglasses (“the Products”) under my brand name Nyoko (“the Name”) that I have created further to your and my previous discussions and the order made by me for the Products.
There is valuable intellectual property rights in, inter alia, the designs I have created and the Products including without limitation design rights, copyright and as such I need to preserve and protect these rights.
In consideration of the sum of one pound (£1.00) paid by me to you (receipt of which you acknowledge) you and I have agreed:-
1. All know how, rights in the Name, designs, copyright, database rights, patents, trade marks, patent applications and confidential information (“Intellectual Property”) supplied by me to you or by anyone on my behalf or otherwise in your possession are mine, belong to me, and remain vested in me and save for the express non-exclusive licence granted below you obtain no rights in any Intellectual Property hereunder.
2. You are granted a non exclusive licence (i) to manufacture ‘samples’ of the Products as requested by me in writing (“the Samples”) and (ii) to use Intellectual Property referred to in 1 above in the manufacture of the Samples.
3. Any documentation, specifications and artwork provided by me (or anyone on my behalf) hereunder remains my property.
4. You shall not represent, warrant or undertake that you have any rights in or to the Intellectual Property and/or any know how and/or any other material supplied by me (or anyone on my behalf) in relation to the Products and/or the Samples and/or the Equipment (as defined below).
5. You agree that any mould and other items used in the manufacture of the Products and the Samples (“the Equipment”) based on the Intellectual Property hereunder are my property and owned by me
6. You will deliver up to me (at your cost) by sending to me upon demand all Equipment and any other materials requested by me (including any documentation and/or materials relating to Intellectual Property in your possession custody or control) forthwith upon my request and shall not keep any copies or versions thereof nor shall you alter adapt and/or edit any of the Intellectual Property, and/or Equipment and you will inform me immediately if you have any reason to believe that any of my rights and property hereunder are being infringed and/or interfered with.
7. You agree to maintain as secret and confidential all know how and any other technical and/or commercial information relating to the Products, the Samples and/or supplied by me (or by anyone on my behalf) for the purposes of or in contemplation of this Agreement and only use the same for the express purposes for which I have disclosed it to you and disclose the same only to your employees who are bound by the same confidential obligations as you.
8. You will indemnify and hold me harmless against any claims demands and liability whether criminal or civil in contract, tort or otherwise for losses, damages, legal costs and other expenses of any nature whatsoever and wheresoever) arising by reason of your breach or alleged breach of this Agreement and your warranties, agreements, representations and undertakings hereunder.
9. This Agreement is personal to you and cannot be assigned by you.
10. You are not an agent of mine and cannot describe yourself as such nor make any commitment on my behalf. This is not a partnership nor are you my employee.
11. Without prejudice to my rights and remedies I shall be entitled to terminate this Agreement and the licence hereunder forthwith upon notice to you if you fail to deliver the Samples to me by the requested date (time being of the essence) of if you are in breach of this Agreement and in which case the provisions of 6 above shall immediately apply.
12. You agree to execute acknowledge and deliver to me such further instruments and do all further acts as I request to carry out the purposes of this Agreement.
13. The validity construction and performance of this Agreement shall be governed by English law and shall be subject to the exclusive jurisdiction of the English courts to which the parties submit save I may be able to seek an interim injunction in any court of competent jurisdiction.
To indicate your acceptance to the terms and conditions above please sign this Agreement where indicated below.
Yours sincerely
评论
也太长了。
理解没问题就好了呗
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