| ||||
Work Made For Hire Agreement General Copyright Statement General Warranty Statement Statement of Intent LEE   CRITES DAVID   LEE   CRITES COMPUTER   MAVERICKS ADONAI   SERVICES   COMPANY LEPRECHAUN   DATA   SERVICES Work Made For Hire AgreementIdentification of parties: This agreement is between any employer, client, company, or other hiring or employment agent (hereafter called "client" or other third-person pronoun), and any individual, employee, or consultant attached to, working through, or under any of the above styled names (hereafter called "us" or other first-person pronoun). Scope of Agreement: All work performed by us is held under this Work For Hire Agreement. This agreement supersedes all other contracts or agreements, including hire agreements, unless specific language is found within the specific contract or hire agreement stating it overrides this document, by name, as styled below. No generic comment or statement concerning work made for hire agreements will apply, unless this specific agreement is mentioned. Location of Agreement: The latest version of this agreement, the one which applies at the time of service, can be found at: It is our responsibility to inform the client of:
It is the responsibility of the client to:
Signatures on Client Documents: Since it is hereby declared to not be our responsibility to keep all client personnel, current and future, informed of the details of this agreement, it is understood that from time to time, and for various reasons, some client personnel will require our signature on a document which this agreement overrides or otherwise impacts. Our signature on such contracts or agreements which this overrides does not imply a waiver of this agreement. We will assume, in good faith, that said individual is acting in accordance with his/her understanding of the normal conditions of employment, and we will comply simply in order to keep a better and more open working environment. At no time will any signature on any document be seen as an implication that we surrender any of the points of this agreement. Name of Agreement: This version of the agreement is styled as follows: The Lee Crites, et al, Work Made for Hire Agreement, 14-Jul-2003, as updated.Updates since this date are limited to the various styles of Copyright statements, as found in the next section. Copyright Statement(s)All items produced by us, in any way, are held under one or more of the following copyright statements (in reverse chronological order):
Permission to Use: Permission is hereby granted to the clients to use the covered items, and any associated files, programs, and documentation. Client may not transfer any covered item to another entity without our written permission. The above copyright notice must appear with all copies of covered items transfered by the client. Rights of Modification: The right of modification and enhancements rests first with us. Only after we have been offered the opportunity to do so, and declined in writing, may another entity, including client personnel, make changes to covered items. If permission is not gained, in writing, before any modifications or enhancements have been performed, the client will owe us an amount equal to our current rate for all hours spent by any other entity, including employees of the client, in performing said modifications as a penalty for not obtaining our permission. At all times in in all cases, we shall be offered a version of the updates. The cost of these updates shall not exceed the cost of shipping and handling. Warranty Statement(s)General Warranty Statement: These items are provided on an "as is" basis. No warranty is given, either implied or granted, covering any aspect of merchantability, fitness for any particular purpose, freedom of defects, a guarantee of continued support, updates or enhancements. In no event shall we, the copyright owner, as styled above, the company owning the copyrights, or any employee of the company, be liable to any party for direct, indirect, special, incidental, or consequential damages arising out of the use of the covered items, or the un-usability of the covered items, even if we have been advised of the possibility of such damages. Voluntary Compliance: Various state or federal laws may provide for additional protection or coverage which might negate the above. If so, usage of any covered item implies a voluntary waiver of these additional protections, even if language held within such laws might specify or imply otherwise. See Complete Voluntary Compliance clause below. Statement of IntentWe Are Christians: As Christians, we will comport ourselves accordingly. We expect to be treated in the same fashion, irrespective of the religious affiliation or non-affiliation of the client and/or their employees. Individuals who are honorable and upright, of whatever religious affiliation or persuasion they may be, will find no reason to fear or be uncomfortable with or around us. Inappropriate Acts: We will consider requests to perform functions which are in any way illegal or immoral as a personal affront, and will react accordingly. Without limiting the generality of this, understand that requests to perform illegal acts will force us to report these requests to any and all authorities we deem appropriate. Consecration: We hereby declare that our talents and abilites are considered to be blessings given to us by God. We consecrate our talents and abilities to Him. Other Work Made for Hire StatementsLocally Installed Hardware or Systems: We may, at our sole discretion, install pieces of our hardware on a client site or network to help facilitate our work. This does not imply the hardware is in any way, shape, or form, usable by, accessible to, or inspectable by, the client. These pieces of hardware, along with everything contained in them, will leave the client site when we leave. This point is not negotiable. If we leave, for any reason, this hardware will be uninstalled and removed. An attempt to remove us without this hardware will be seen as theft, and charges will be pressed at that time. Systems Backups: Further, we may, at our sole discretion, maintain copies of files, programs, etc, on our hardware as backups. Furthermore, we may, at our sole discretion, maintain a complete backup of any systems we work on. Once on our system, the backup is ours for our use. Exceptions to Backups: It is the responsibility of the client to identify, in writing, any files which they deem private and proprietary, and not to be backed up in these ways. The identification of these files must be done beforehand. Once the files or systems are archived in this fashion, any changes identified will be in effect from the time they were identified, forward. No effort will be made to ensure newly identified items are purged from previous archive media. Obviously proprietary information of the client will be protected and kept confidential, but cannot be ordered removed. Changes to Agreement: This document may change without notice as needs arise. The most current version of this document applies. A printed version, signed by officers of both organizations, duly notarized, with provable documentation stating such, can stand and override any more current version. Without this override, the most recent version, even if incorporated or changed after-the-fact, will stand. This coverage is in force even if we are hired as full-time employees of the client. Upon Departure: Without in any way altering the generality of the foregoing, upon our departure, for any reason, everything developed by us, for any reason or purpose, including ancillary files needed for it's use, will be ours to use in any application we deem appropriate. No time limits following the contract or employment period, and no non-competition agreements will override this, unless they specifically reference this document, by name. As stated above, our signing of a non-competition agreement does not imply we waive this clause. Again, it is the responsibility of the client to maintain the fact that this agreement is in force and reference it in any contract or agreement it references. Terms of Service: Accepting us as a provider of services along with the services which we provide is at the discretion of the client. The terms of these services is at our discretion. If the client does not accept these terms, then their only recourse is to have no services performed by us. That services are, or were, performed implies complete acceptance of this agreement. Complete Voluntary Compliance: In the event that any provision of this agreement shall be held invalid or unenforceable because of state, federal, or local laws, it shall not in any way invalidate, affect, or impair any remaining provisions of this agreement. Furthermore, use of any covered item will be seen as voluntary compliance with all of the provisions in full and good faith. Attorney and Legal FeesDue to the above voluntary compliance clause, the potential of any legal action from the client is outside the scope of consideration. In the event that litigation is instituted between the parties in connection with any controversy or dispute arising from, under, or related to this agreement, the final judgment therein shall be adjusted to include a sum to be paid to us by the client for all costs incurred for such litigation. The adjustment amount will be computed as:
Under no circumstances and at no time will we be found responsible for the fees and costs incurred by the client for any type of litigation, even if we are found to be responsible and knowingly culpable. Paragraph Headings: Paragraph headings are for reference purposes only and do not constitute part of the agreement. Furthermore:Time-Sensitive Code: Be it known and understood that we have the right to, and will at our sole discretion, place within the code or process(es) which we develop certain time sensitive functions which might cause programs, processes, or procedures to cease functioning after a period of time and/or cease functioning if placed within an environment other than the one it was developed for. If used, this is to safeguard our contract terms and/or employment status, as well as copyright ownership. Tampering with these functions will be seen as a breach of our copyright. Example Source Code: We may, at our discretion, leave a copy of any source code we have developed. If so, understand that said source code may simply be a reference to, or representation of, the actual code, and not the actual code itself. There is no guarantee that the operational system(s) match the source code left. Sale of Company: We may, at our discretion, sell the company. If sold, this agreement may, or may not, be part of the sale. At the time of sale, all items covered under this agreement may be sold or retained, depending upon terms of the sale. If the sale does not mention this agremeent, then no items held within this agreement were included in the sale of the company. | ||||
| ||||