Собственно договор:
Цитата:
AGREEMENT OF PURCHASE OF ADOBE AFTER EFFECTS TEMPLATE(S)
BETWEEN
************
AND
Sergiy Chernykh
Agreement (hereinafter ”The Agreement”)
between
Sergiy Chernykh
Ukraine, Kiyv
(hereinafter ”The Supplier”)
and
***********
(hereinafter ”The Customer”)
regarding the purchase of
The 100% full and exclusive rights to the following After Effects Template(s):
After Effects “*******” as seen on Pond5.com.
After Effects “*******” as seen on Pond5.com.
(hereinafter ”The Performance”)
Appendices
Video template created in the program “Adobe After Effects”, which allows users to customize the content within the template. The video template is the video visualized on Pond5.com, when searching for “*****” or “*****”.
Agreement of purchase
The Supplier undertakes to deliver the Performance to the Client.
The Performance is described in detail in Appendix 1.
Payment
Upon fulfillment of the Performance cf. section 1, the Supplier is paid XXXX dollars by the Client.
Payment is due [8] days from the fulfillment of the Performance and is conditional on the fulfillment of the Performance.
The Transfer of Rights
Any transfer of a party's rights and obligations under this agreement requires the counterparty's express written consent.
Third Party Rights
The Supplier warrants that the performance is free and unencumbered, and that the Supplier freely and without restrictions of any kind may dispose of the Performance, including transferring or selling to another buyer, and without any third party being allowed to object to any part of the Agreement whatsoever. The warranties of the Supplier are valid in this regard indefinitely.
The Supplier warrants that the Supplier’s services under this Agreement do not violate anyone's rights, including patents, copyrights, see also section 6. In the case of proceedings against the Customer alleging violation of law, the Customer may obligate the supplier to take over the proceedings. The Supplier shall under all and any circumstances bear all costs in this regard.
The Supplier undertakes to keep the Customer indemnified against any and all claims raised by third parties against the Customer for the Supplier's breach of third party rights, including damages, compensation and legal costs. The Supplier must also compensate the Customer in regard to any legal fees that the Customer may reasonably incur in protecting his interests.
Deficiencies
In the event of a deficiency in the services covered by this agreement, the Danish remedial law applies.
Property rights, including intellectual property rights
Property rights, including all intellectual property copyrights, documentation, products, materials and software associated with the subject matter belong solely to the Customer upon payment, cf. section 2.1.
Breach of contract and compensation
In case of a party's material breach of the provisions of this Agreement, the other party may terminate the agreement and claim damages from the defaulting party under Danish law in this regard.
In accordance with Danish law, the parties may also bring apply when it becomes clear that a breach is inevitable.
Neither party is responsible for counterparty consequential damages, including the loss, lost profit and other indirect losses.
Confidentiality
The Supplier, his personnel and subcontractors shall observe absolute confidentiality with regard to information concerning the Customer and the Customer's co-partners (including suppliers, advisors and consultants), business, technical and market related conditions which the Supplier becomes aware of in connection with the Agreement.
Disputes
This agreement is subject to Danish law and shall in all respects be construed in accordance herewith.
Any dispute arising between the parties shall be settled by the Customer’s home venue.
Subcontractors and the relationship to other suppliers
The Supplier shall in every respect be liable for subcontractors in the same manner as for his own circumstances.
The Supplier shall cooperate in good faith with the Customer's other suppliers to the extent necessary for the Performance in accordance with the Agreement.
Exclusivity
The Agreement does not contain any form of exclusivity between the parties.
Commencement and termination
The agreement is effective upon the signatures of both parties
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