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ASP Advantage 1993
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The Association of Shareware Professionals Advantage CD-ROM 1993.iso
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consin01.lex
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1991-08-12
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.TX1 *** CONSIGNMENT AGREEMENT FOR LICENSING OF SOFTWARE ********
CONSIGNMENT AGREEMENT FOR LICENSING OF
{>PRODUCT}
This agreement is made this date between {CONSIGNOR_NAME} of
{CONSIGNOR_ADDR}, hereinafter called the CONSIGNOR, on the one
hand and {CONSIGNEE_NAME} of {CONSIGNEE_ADDR}, hereinafter
called the CONSIGNEE, for the purpose of promoting the
licensing of the following products of CONSIGNOR.
{DETAIL_PRODUCT}
Whereas, the CONSIGNOR desires to arrange for the licensing of
persons to use the above products in {TERRITORY} and the CONSIGNEE
has agreed to undertake the marketing of such products in said
territory on commission;
It is therefore agreed by the parties, as follows:
1. Obligations of CONSIGNOR. The CONSIGNOR shall
furnish to CONSIGNEE sufficient copies of the software products
to be marketed by CONSIGNEE to permit the demonstration of such
products to potential licensees thereof. CONSIGNOR agrees to
provide support for the products marketed by CONSIGNEE and to
make available to CONSIGNEE subsequent revisions and upgrades
thereof.
Upon the granting of licenses for the use of such products
CONSIGNOR agrees to provide to CONSIGNEE adequate support for
the installation and use of such products. CONSIGNOR shall fix
the fees to be charged for licenses to use the products marketed
by CONSIGNEE and agrees to pay to CONSIGNEE a commission of
{COMMISSION} of the gross licensing fees derived from CONSIGNEE's
marketing efforts.
2. Obligations of CONSIGNEE. The CONSIGNEE shall
devote his best efforts to the marketing and licensing of the
products of CONSIGNOR in the aforesaid territory and advise
CONSIGNOR immediately of the licensing of such product for use
by his customers or prospects. For that purpose, CONSIGNEE
shall have the authority to execute licensing agreements for
the use of the above described products and to enter into
agreements for their installation and use.
3. Terms of Licenses. All licenses granted for the use
of CONSIGNOR's products shall be made upon such terms as have been
agreed upon by the CONSIGNOR and CONSIGNEE. Credit sales, if
agreed upon by the parties, shall be made only by written contract
executed by an authorized official or agent of the licensee.
4. Remittances by CONSIGNEE. As soon as practicable
after the execution of a license for the use of CONSIGNOR's
product or products, CONSIGNEE shall furnish a copy of the
license agreement to CONSIGNOR and remit therewith the license
fees collected, less his commission on such sale.
5. Title. The ownership of the products marketed by
CONSIGNEE shall at all times remain in CONSIGNOR.
6. Operation of CONSIGNEE's Business. The CONSIGNEE
shall at all times have the entire charge of the management and
operation of his business; he shall pay all fees, furnish all
necessary equipment and shall furnish all employees and agents
and pay all expenses of conducting such business except as may
otherwise be agreed by the parties. CONSIGNOR reserves no
supervision or control over the CONSIGNEE in the facilities,
employees and methods to be used and employed by him in carrying
out the purposes of this contract, and shall in no event be
responsible for negligence of the Consignee or his employees.
7. Assignability. This contract is not assignable.
8. Termination. This contract may be terminated by
either party on {TERMINATE_NOTICE} written notice to the other
party. Upon such termination all copies of the product in the
possession of CONSIGNEE shall be erased from the disks and
other equipment of CONSIGNEE or returned to the CONSIGNOR. Each
party shall settle with the other, in full, all amounts which
are due and owing to the other party.
Dated {!DOCU_DATE}
______________________________
{CONSIGNOR_NAME},
Consignor
______________________________
{CONSIGNEE_NAME},
Consignee
.TX2 *** CONSIGNMENT AGREEMENT FOR SALE OF MERCHANDISE **********
CONSIGNMENT AGREEMENT FOR
{>PRODUCT}
This Agreement is made this date between {CONSIGNOR_NAME} of
{CONSIGNOR_ADDR}, hereinafter called "Owner", and {CONSIGNEE_NAME}
of {CONSIGNEE_ADDR}, hereinafter called "Dealer". In consideration
of the mutual obligations and undertakings hereinafter set forth,
Owner and Dealer hereby covenant and agree, as follows:
1. Owner to Supply Goods. Owner agrees to furnish to
Dealer a merchantable supply of the goods described below to be
displayed and sold by Dealer to customers and to furnish such
advertising, display materials, catalogues, price lists and other
selling materials as Owner shall deem suitable for the location
of Dealer and the volume of business which Owner shall deem
practical.
DESCRIPTION OF GOODS CONSIGNED
{DETAIL_PRODUCT}
2. Dealer to Display and Take Orders. Dealer agrees
to keep the consigned goods appropriately displayed for sale in
Owner's establishment and to sell to Dealer's customers the goods
selected by them. In addition, Dealer agrees to forward to
Owner with commercial promptness all orders from catalogues which
customers of Dealer may submit. Owner will furnish a sufficient
supply of order forms and other materials to enable Dealer to
handle and service catalogue orders.
3. Dealer Remittances. Dealer will remit to Owner
on Monday of each week (or on the next business day if Dealer's
business is not open for business on Monday) the amount of all
monies received by Dealer during the previous week from the sale
of the consigned goods. All remittances shall be accompanied
by reports of sales and returns to be made by Dealer on forms
supplied by Owner.
4. Prices. All sales will be made by Dealer at the
prices printed on the packages or in the price lists by Owner.
No discounts or rebates will be allowed by Dealer without the
express permission of Owner. All sales will be made for cash
provided that Dealer may sell consigned goods on credit granted
by Dealer if Dealer remits from Dealer's own funds payment for
such sales as though they were made for cash.
5. Stocking of Goods. Dealer will permit Owner's
route salesmen and other authorized agents to stock the Dealer's
displays of consigned goods and to make such examinations of
Dealer's books and records as Owner shall deem appropriate to
assure a proper accounting for all consigned goods sold by
Dealer.
6. Financing Statements. Dealer will execute such
financing statements and other assurances as deemed appropriate
by Owner to protect its ownership of the consigned goods and
other materials of Owner against claims of creditors of Dealer
and other third persons.
7. Termination. This agreement may be terminated
by either party upon {TERMINATE_NOTICE} days written notice to
the other party. All notices to Owner and Dealer shall be sent
to the address of the respective parties shown above unless a
written notice of a change therein has been given by a party to
the other party. On any termination or cancellation of this
agreement, Owner shall be entitled to remove its display cases
and unsold stock of consigned goods from the Dealer's premises
and shall be afforded a reasonable time to take possession
thereof.
8. Goods not Accounted for by Dealer. All consigned
goods delivered to Dealer and not accounted for as sold by
Dealer or returned to Owner shall be conclusively presumed to
have been sold by Dealer and Dealer shall be accountable for
all such goods.
9. Selling Commission. On all consigned goods sold
by Dealer, Dealer shall be entitled to deduct {COMMISSION} of
the sales price as Dealer's selling commission.
10. Goods Rendered Unmerchantable by Casualty. All
consigned goods delivered to Dealer which are damaged or otherwise
rendered unmerchantable by fire, vandalism, flood or other
casualty shall be returned in their damaged condition to Owner
and, in the event of any total loss by fire or other casualty,
Dealer shall promptly report such fact to Owner and Dealer shall
account to Owner for the volume of goods sold since the date of
Dealer's last accounting as though Dealer had sold the same
amount of goods since the date of such last accounting as was
sold during the comparable business days of the previous
accounting period.
IN WITNESS WHEREOF, the parties have executed this agreement
on {!DOCU_DATE}.
________________________________
{CONSIGNOR_NAME},
Owner
________________________________
{CONSIGNEE_NAME},
Dealer
.END ****************** END OF CONSIN01 TEXT ********************