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Shareware Overload Trio 2
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Shareware Overload Trio Volume 2 (Chestnut CD-ROM).ISO
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dir33
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lawfirm.zip
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Text File
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1990-05-24
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8KB
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160 lines
Question 1:
This program will create the document indicated. Please be sure
that this is what you want to write before starting. You can
return to the main menu and select another module by pressing the
"escape" (Esc) key.
An agreement to license intellectual property, as you have selected
is used to allow someone to license, either exclusively or
non-exclusively his or her invention, software or other material to
someone or company to allow that person or company to distribute or
market it. The term, "intellectual property" generally includes,
for example, property that is patented, trade marked, or a trade
secret.
Question 2:
Please enter the person's full name. This can be either an indi-
vidual or a company.
Question 3:
Please enter the person's full name. This can be either an indi-
vidual or a company.
Question 4:
A full description of the property that will be licensed is
essential.
Question 5:
Often, the property that will be licensed will have been patented.
The document you create should specify if the property is patented
or not. The program will allow you to specify that a patent has
been applied for, but has yet to be granted at a later point. If
that is the case, answer "no" to this question.
Question 6:
If a patent has been issued, then you should list the number of the
patent.
Question 7:
You can specify here that a patent has been applied for but has not
yet been issued.
Question 8:
There are two main types of licenses: exclusive and non-exclusive.
An exclusive license means that no one else has access to the
property except the Licensee, at least in the area identified. If
this question is not answered in the affirmative, then it is
assumed that the license is to be non-exclusive.
Question 9:
A license can be for a specific area, particularly where the
license is exclusive. This will generally be a geographic area,
such as the "continental United States".
Question 10:
Please put the area that the license is for. This can be as local
as a small town, or can be "the Western Hemisphere".
Question 11:
How the Licensor is to be paid can be quite complicated. The
program allows you to specify that the Licensor will receive a
fixed sum (this question), either all at once or by payments, and
will allow you to designate that the Licensor will get a royalty
from the license. Here, answer "yes" if the Licensor is to get a
fixed sum regardless of whether it is to paid in installments or
all at once.
Question 12:
Having said that the Licensor is to get a fixed sum, you can
specify if it is to be in one payment or in installments.
Question 13:
Please identify the amount that the Licensor will receive. You
needn't put a "$" sign because it will automatically appear in the
document.
Question 14:
If there is to be a one time payment, please enter the due date of
the payment.
Question 15:
Here, you can specify when payments will be made to the Licensor.
Question 16:
Please put the amount of each payment. You needn't put a "$" sign
because it will automatically appear in the document.
Question 17:
In the previous questions you have specified that the payments will
be made on a regular basis. Thus, they can be made a certain
number of days after the end of each period, and you need to
identify how many days.
Question 18:
If the Licensor is not going to receive a fixed sum for the
license, then perhaps he or she will get a percentage or royalty of
what is received by the Licensee for sale or distribution of the
product. If so, please answer "yes" to this question.
Question 19:
Please specify the exact percentage that the Licensor will receive.
You needn't put a "%" sign since one will automatically appear in
the document.
Question 20:
How often will the royalty be paid? Here, you need to identify
when the payments are to be made to the Licensor. Note that in the
next question you can put down that the payments will be made a
certain number of days after the end of the period.
Question 21:
Here, you can put the number of days after the end of the period
that the Licensee has to pay the royalty. Normally this will be a
period of time such as "thirty", "forty-five", etc.
Question 22:
If there is a patent on the property that is licensed, often you
will want to tie the length of this agreement to the patent date
since the property will lose a great deal of value at the expira-
tion of the patent. A patent is good for seventeen years after it
has been granted.
Question 23:
Agreements such as this one can have a specific termination date,
or can end after a specified number of years. Here, you have the
flexibility to choose when you wish this agreement to terminate.
Remember that all agreements like this one can be terminated by the
mutual consent of the parties at any time.
Question 24:
Please enter the number of years that the agreement will continue.
The start of the period will be the day that the agreement is
actually signed.
Question 25:
If there is a patent on the property, then often the Licensee will
wish to get out of the agreement if it turns out that the patent
isn't enforceable. This gives you that option. Remember that just
because a patent has been granted by the U.S., doesn't ensure that
it can't be successfully challenged in court.
Question 26:
When you have anticipated that a patent will be granted for the
property (for example, when one has been applied for), then if the
patent isn't granted, perhaps that should allow for the end of this
agreement.
Question 27:
Someone needs to take the responsibility to protect the Licensee
and the property from challenges. This can be either the Licensee
or the Licensor.
Question 28:
Someone needs to take the responsibility to protect the Licensee
and the property from challenges. This can be either the Licensee
or the Licensor.
Question 29:
In many states it is necessary to have a clause like this in a
contract to enable the prevailing party in a dispute to be reim-
bursed for attorneys' fees. The cost of legal help is becoming
such that if you can't get fees from the other side if the
agreement is breached, then it could be too expensive to proceed
against them to enforce your rights. Thus, this kind of clause is
often a very good idea. If you are not sure that you can get fees
in your state or territory without this clause, then it is
recommended.
Question 30:
It is often cheaper to arbitrate a dispute than to go to court to
resolve it. This clause allows you to specify that any problem
must be arbitrated rather than litigated in court. Arbitration is
available in all of the major cities in the United States and in
many rural areas, although before using this clause you might check
with an attorney in your area to make sure that some form of
arbitration is available.
Question 31:
The city or town that the agreement will be signed in needs to
be specified. If you are going to execute the agreement in a rural
area (not in a city or town) then use the name of the closest city
or town.
Question 32:
The state, territory or jurisdiction needs to be specified.
Question 33:
The questions are now complete. You can go back to any question if
you wish by pressing "escape", or you can continue with the
program. Now that the questions are completed, the program will
allow you to preview the document, write it to a disk file for
editing further or print it. Note that it will be automatically
saved so you can review or print it later.