CONTRIBUTOR AGREEMENT
AGREEMENT, dated , by and between (the “Contributor(s)”) and John Wiley & Sons, Inc., of 111 River Street, Hoboken, NJ 070308 (the “Publisher”).
This will confirm that the Publisher has commissioned the Contributor to prepare an original and previously unpublished contribution (the “Contribution”) on the subject of for inclusion in the forthcoming work tentatively entitled Future Trends in Microelectronics: The Nano, the Ultra, the Giga, and the Bio (the “Work”), authored/edited by S. Luryi, J. M. Xu, and A. Zaslavsky, to be published by the Publisher. The terms are as follows:
1. The Contribution
The Contribution shall consist of approximately 10 printed pages (a printed page of text consists of approximately words) including illustrations, figures and tabular materials and shall be submitted not later than , unless the Publisher has agreed to extend the time in writing (the “Due Date”).
The final manuscript shall be submitted in computer disk format, together with two printouts, double-spaced on 8-1/2” x 11” white paper, printed on one side only with the pages numbered consecutively, complete and satisfactory to the Publisher in organization, form, content and style. If the Contributor delivers the final manuscript on or before the Due Date, the Publisher shall, within 90 days after such delivery, notify the Contributor whether the manuscript is, in the Publisher’s judgment, complete and satisfactory and acceptable for publication. If the Contribution is not submitted on or before the Due Date or is not complete and satisfactory to the Publisher, the Publisher shall either terminate this Agreement as set forth below or request changes that would make the Contribution complete and satisfactory. If the Contributor does not make the changes requested by the Publisher within a reasonable time set by the Publisher, or if, notwithstanding such changes, the Contribution is not in the Publisher’s judgment, complete and satisfactory, then the Publisher may terminate this Agreement as set forth below.
2. Ownership
The Contribution, including all illustrations, figures, tabular and other materials, shall be considered a work made for hire to the Publisher, and the Publisher shall own the copyright and all of the rights comprised in the copyright. To the extent the Contribution or any material contained therein or attached thereto does not qualify as a work made for hire, the Contributor hereby transfers to the Publisher during the full term of copyright and all extensions thereof the full and exclusive rights comprised in the copyright in the Contribution and any revisions thereof, including but not limited to the right, by itself or with others, throughout the world, to print, publish, republish, transmit and distribute the Contribution and to prepare, publish, transmit and distribute derivative works based thereon, in all languages and in all media of expression now known or later developed, and to license or permit others to do so.
The Publisher shall have the right to make such revisions, deletions or additions to the Contribution that the Publisher may deem advisable in the interest of space and uniformity of style and presentation, provided that the accuracy of the text is not impaired.
3. Contributor Use
The Contributor may draw on and refer to material in the Contribution in preparing other articles for publication in scholarly and professional journals and papers for delivery at professional meetings, provided that credit is given to the Work and to the Publisher.
4. Warranty
The Contributor represents and warrants that: the Contribution is original except for excerpts and illustrations from copyrighted works for which the Contributor has obtained written permission from the copyright owners at the Contributor’s expense on a form approved by the Publisher; the Contribution has not been previously published and is not in the public domain; the Contributor owns and has the right to convey all the rights herein conveyed to the Publisher; the Contribution contains no libelous or unlawful material, contains no instructions that may cause harm or injury and does not infringe upon or violate any copyright, trademark, trade secret or other right or the privacy of others; and all statements asserted as fact in the Contribution are either true or based upon generally accepted professional research practices. The Contributor agrees to indemnify the Publisher and any licensee of any subsidiary right, against all liability and expense, including counsel fees, arising from or out of any breach or alleged breach of these warranties.
5. Use of Name
The Publisher shall have the right to use the Contributor’s name, likeness, biographical data or professional credits on any edition of the Work or in any derivative work thereof, and in advertising, publicity or promotion related thereto and may grant such rights in connection with the license of any subsidiary rights in the Work.
6. Compensation/Copies
In full consideration of the rights in the Contribution granted to the Publisher herein, the Contributor shall receive without charge one free copy of the published Work in which the Contribution appears. The Contributor may purchase, for personal use only, additional copies of the Work at a discount of 25% from the then current United States catalog list price.
7. Updates and Revised Editions
In the event the Contributor modifies or otherwise changes or enhances the Contribution for any update or revised edition of the Work, the terms of this Agreement (excluding Paragraph 6) shall apply to said update and/or revision.
8. Termination
The Publisher may terminate this Agreement in the event:
(i) the Contributor does not deliver the final manuscript on or before the Due Date pursuant
to Paragraph 1 above, or fails or refuses to make changes requested by the Publisher
pursuant to Paragraph 1 above; or
(ii) the Publisher, in its sole judgment, chooses not to publish the Contribution.
In such event this Agreement shall terminate, the Publisher shall return the Contribution to the Contributor as soon as practicable and shall simultaneously revert all rights in the Contribution to the Contributor, and thereafter neither party shall have any further obligation or liability to the other hereunder.
9. General
This Agreement shall be construed and interpreted pursuant to the laws of the State of New York applicable to contracts wholly entered into and performed in the State of New York. Any legal action, suit or proceeding arising out of or relating to this Agreement or the breach thereof shall be instituted in a court of competent jurisdiction in New York County in the State of New York and each party hereby consents and submits to the jurisdiction of such court, waives any objection to venue in such court and consents to service of process by registered or certified mail, return receipt requested, at the last known address of such party.
AGREED AND ACCEPTED: JOHN WILEY & SONS, INC.
By:______By ______
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By:______
______Date: ______
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Contributor Agreement (No Payment) Template (8/30/99)