Created
September 25, 2011 13:46
-
-
Save Shamar/1240610 to your computer and use it in GitHub Desktop.
Fiduciary License Agreement for Epic.NET
This file contains bidirectional Unicode text that may be interpreted or compiled differently than what appears below. To review, open the file in an editor that reveals hidden Unicode characters.
Learn more about bidirectional Unicode characters
%% Fiduciary License Agreement (Copyright Assignment) | |
%% adapted to Italian law | |
%% | |
%% Language: English | |
%% | |
%{{{ Header | |
\newcommand{\fiduciary}{Giacomo} | |
\newcommand{\fiduciaryaddress}{\begin{alltt} | |
Giacomo Tesio | |
Via Vittorio Emanuele, 27 | |
12051 Alba | |
Italy | |
\end{alltt}} | |
\documentclass[a4wide,12pt]{article} | |
\usepackage{fancyheadings} | |
\usepackage{alltt} | |
\usepackage{epsfig} | |
\usepackage[english]{babel} | |
\usepackage{enumerate} | |
\usepackage{url} | |
% highlight: decomment the following and use \hl{} | |
%\usepackage{soul} | |
%\usepackage{color} | |
\selectlanguage{english} | |
\pagestyle{fancyplain} | |
\lhead[\fancyplain{}{\bfseries\thepage}] | |
{\fancyplain{}{\bfseries\rightmark}} | |
\rhead[\fancyplain{}{\bfseries\leftmark}] | |
{\fancyplain{}{\bfseries\thepage}} | |
\cfoot{} | |
\renewcommand{\sectionmark}[1]{\markright{\thesection\ #1}} | |
\renewcommand{\thesection}{\S~\arabic{section}} | |
\newcounter{absatz}[section] | |
\newcommand{\A}{\par\vspace{1ex} | |
\stepcounter{absatz}\noindent(\arabic{absatz})~~} | |
\addtolength{\textwidth}{3cm} | |
\addtolength{\headwidth}{3cm} | |
\addtolength{\hoffset}{-1.5cm} | |
\addtolength{\textheight}{4cm} | |
%}}} | |
\begin{document} | |
% Fiduciary's name hyphenation | |
\hyphenation{Gia-co-mo Te-sio} | |
%{{{ Head of front page | |
\thispagestyle{empty} | |
\begin{center} | |
{\LARGE\bf Fiduciary Licence Agreement}\\ | |
(Version 1.0) | |
\end{center} | |
\begin{center} | |
\sc\small Copyright (C) 2011 Giacomo Tesio,\\ | |
\sc\small Via Vittorio Emanuele 27, | |
12051 Alba, | |
Italy\\ | |
\sc\small Copyright (C) 2010 Kern Sibbald,\\ | |
\sc\small Cotes-de-Montmoiret 9, | |
1012 Lausanne, | |
Switzerland\\ | |
\sc\small Copyright (C) 2002-2007 FSFE, e.V.,\\ | |
\sc\small Talstrasse 110, | |
40217 Dusseldorf, | |
Germany\\ | |
\sc\small This licence is released under the terms of\\ | |
the GNU Free Documentation Licence (GFDL) version 1.2. | |
\end{center} | |
%}}} | |
\vspace{2cm} | |
\begin{center} | |
{\Large\bf Preamble} | |
\end{center} | |
The purpose of this agreement is to ensure the lasting protection of | |
Epic.NET by making Giacomo Tesio the fiduciary of the author's interests. | |
It empowers Giacomo Tesio (here after referred to as ``Giacomo'') -- to uphold | |
the interests of Epic.NET's authors and protect them in court, if necessary.\\ | |
Giacomo is given the right to use, reproduce, modify, distribute and relicense | |
the software as necessary for the long-term legal maintainability, economic | |
exploitation and protection of the software. | |
The agreement also grants the author an unlimited amount of | |
non-exclusive licences by Giacomo, which allow using and distributing the | |
author's contributions in other projects and under other licences. \\ | |
The contracting parties sign the following agreement in full | |
consciousness that by the grant of exclusive licence to Giacomo Tesio | |
and by the administration of these | |
rights Giacomo becomes trustee of the author's interests for | |
the benefit of Epic.NET and allows Giacomo to use and distribute the | |
program in other projects and under other licences. \\ | |
\pagebreak | |
\begin{center} | |
{\Large\bf Agreement} | |
\end{center} | |
Between | |
{\bf (please cross out unsuitable alternatives)}\\ | |
\begin{itemize} | |
\item the author | |
\begin{alltt} | |
_______________________________________________ (Name) | |
_______________________________________________ (Occupation, Date of Birth) | |
_______________________________________________ (Street) | |
_______________________________________________ (ZIP, City, Country) | |
_______________________________________________ (Pseudonym, Email) | |
\end{alltt} | |
\item the owner of the exclusive licence, | |
\begin{alltt} | |
_______________________________________________ (Company or name) | |
_______________________________________________ (HQ or addr.) | |
_______________________________________________ (managing director) | |
\end{alltt} | |
\begin{itemize} | |
\item acquired by virtue of a contract date as of | |
\item contracting party: | |
\item acquired as employer in the context of a work and service | |
relationship | |
\end{itemize} | |
\end{itemize} | |
\begin{flushright} | |
- hereinafter referred to as ``Beneficiary'' -- | |
\end{flushright} | |
and | |
\begin{alltt} | |
Giacomo Tesio | |
Via Vittorio Emanuele, 27 | |
12051 Alba | |
Italy | |
\end{alltt} | |
\begin{flushright} | |
- hereinafter referred to as ``Giacomo'' -- | |
\end{flushright} | |
the following agreement is entered into:\\ | |
\section{Grant} | |
\A Subject to the provision of {\S}~2, Beneficiary assigns to Giacomo | |
the Copyright in computer programs and other copyrightable material | |
world-wide, or in countries where such an assignment is not | |
possible,\footnote{Countries where assignments of the copyright in a | |
work are impossible include, but are not limited to, Germany, Austria, | |
Slovenia and Hungary.} grants an exclusive, royalty-free, transferable licence, | |
including, inter alia: | |
\begin{enumerate} | |
\item the right to reproduce in original or modified form; | |
\item the right to redistribute in original or modified form; | |
\item the right of making available in data networks, in particular | |
via the Internet, as well as by providing downloads, in original or | |
modified form; | |
\item the right to authorize third parties to make, use and distribute | |
derivative works of the Software, or to work on and commit changes or | |
perform this conduct themselves; | |
\item the right to derive revenue from such activities and | |
from all other forms of economic exploitation in the Software | |
permitted by law. | |
\end{enumerate} | |
\A Beneficiary's moral or personal rights remain unaffected by this Agreement.\\ | |
\A In some countries, the law may provide that the employer is deemed | |
to be the owner of the rights on materials developed by an employee in | |
the course of his or her employment, unless the parties have agreed | |
otherwise. The Beneficiary is aware of these provisions, and therefore | |
warrants, represents and guarantees that the Subject Matter is free of | |
any of his or her employer's exclusive exploitation rights.\\ | |
\section{Subject Matter} | |
The rights and licences granted in {\S}~1 are subject to all | |
``Software'' and ``Documentation.'' For the purpose of this Agreement, | |
``Software'' shall mean all computer programs, copyrightable sections | |
of computer programs or modifications of computer programs that have | |
been developed or programmed by Beneficiary and that he specifies in this | |
Agreement below. Likewise, | |
``Documentation'' shall refer to all manuals and documentation written | |
by Beneficiary alongside and usually distributed with the ``Software'' | |
and are similarly specified below: | |
\pagebreak | |
\begin{alltt} | |
__________________________________________________________________ | |
__________________________________________________________________ | |
__________________________________________________________________ | |
__________________________________________________________________ | |
__________________________________________________________________ | |
__________________________________________________________________ | |
__________________________________________________________________ | |
\end{alltt} | |
Except in countries where such an assignment is not possible, the rights | |
[and licences] granted under this agreement by Beneficiary shall also | |
include developments, corrections of errors or faults and other modifications | |
and derivative works of the Software that Beneficiary obtains either copyright | |
ownership or exploitation rights during the five years after the date of | |
this document. | |
Excluded from this provision are modifications that are not derived from the | |
subject matter and that have to be regarded as independent and original | |
software. | |
\section{Giacomo's Rights and \\Re-Transfer of Non-Exclusive Licence} | |
\A Giacomo shall exercise the granted rights and licences in his | |
own name. Furthermore, Giacomo shall be authorized to enjoin third | |
parties from using the software and forbid any unlawful or copyright | |
infringing use of the Software, and shall be entitled to enforce all | |
his rights in his own name in and out of court. Giacomo shall also | |
be authorized to permit third parties to exercise Giacomo's rights | |
in and out of court. \\ | |
\A Giacomo grants to Beneficiary a non-exclusive, worldwide, perpetual | |
and unrestricted licence in the Software. This right's [and licence's] | |
scope shall encompass and include all the rights [and licences] | |
specified in {\S}~1. Furthermore, Giacomo grants to Beneficiary | |
additional non-exclusive, transferable license to use, reproduce, | |
redistribute and make available the Software as needed for releases of | |
the Software under other licences. This re-transfer shall not limit | |
the scope of Giacomo's exclusive licence in the Software and Giacomo's | |
rights pursuant to {\S}~1.\\ | |
\A The transfer of the rights and licences specified in {\S}~1 shall | |
be unrestricted in territory and thus shall apply world-wide | |
for the total duration provided for by law. | |
\section{Miscellaneous} | |
\A Regarding the succession of rights in this contractual | |
relationship, Italian law shall apply, unless this Agreement imposes | |
deviating regulations. In case of the Beneficiary's death, the | |
assignment of exclusive rights shall continue with the heirs. In case | |
of more than one heir, all heirs have to exercise their rights through | |
a common authorized person.\\ | |
\A Place of jurisdiction for all legal conflicts arising out of or in | |
connection with this Agreement is Alba, Italy.\\ | |
\enlargethispage{2cm} | |
\vspace{8cm} | |
\begin{alltt} | |
City/Country, Date City/Country, Date | |
__________________, ______________ __________________, ______________ | |
__________________________________ __________________________________ | |
(Signature) (Giacomo) | |
\end{alltt} | |
\end{document} |
Sign up for free
to join this conversation on GitHub.
Already have an account?
Sign in to comment
You have to talk with a lawyer if you want to adapt this contract for your own project.
It's provided with no warranty for conformance to any particular need.