圖書(shū)出版合同(英文版)

1、PUBLISHING CONTRACTCONTENTS1. GRANT授權(quán)出版2. REPRESENTATIONS AND WARRANTIES承諾與保證3. DELIVERY稿件交付4. PUBLICATION出版5. COPYRIGHT版權(quán)6. EDITING AND PROOFREADING編輯與校對(duì)7. ROYALTIES AND LICENSES版稅與許可權(quán)8. OVERPAYMENT對(duì)超額支付的處理9. NOTIFICATION AND PAYMENT通知與支付10. AUTHORS COPIES作者購(gòu)買(mǎi)11. STATEMENTS AND PAYMENTS結(jié)算單與支付方式12.

2、REVERSION AND TERMINATION再版與合同終止13. BANKRUPTCY AND INSOLVENCY出版商破產(chǎn)或解體的處理14. RESERVED RIGHTS保留權(quán)利15. ASSIGNMENT轉(zhuǎn)讓16. ARBITRATION仲裁17. NOTICES通知18. INFRINGEMENT違約的處理19. DOCUMENTS文件20. LAW法律21. INHERITANCE對(duì)承繼人的約束力22. ALTERATION合同變更23. APPROVAL準(zhǔn)許AGREEMENT made this _ day betwee n (Authors n ame), whose r

3、eside nee addressis _(here in after called the Author); and INDEX Books whose prin eipal place of bus iness isat _(here in after called the Publisher);WITNESSETH:In consideration of the mutual covenants herein contained, the parties agree as follows:1. GRANTThe author hereby gra nts and assig ns to

4、the Publisher the exclusive rights to publishin the En glish Ian guage in book form in all coun tries of the world, a Work now en titled(Title of book) (here in after called the Work), which title may be cha nged only bymutual consent in writi ng.2. REPRESENTATIONS AND WARRANTIESThe Author represe n

5、ts that he is the sole proprietor of the Work and that the Work tothe best of his kno wledge does not contain any libelous matter and does not violate thecivil rights of any pers on or pers ons, does not infringe any existi ng copyright and hasnot heretofore bee n published in book form. The Author

6、shall hold harmless andindemnify the publisher from any recovery fin ally susta ined by reas on of any violationsof copyright or other property of personal right; provided, however, that the Publishershall with all reas on able prompt ness no tify the Author of any claim or suit which mayinvolve the

7、 warranties of the Author hereunder; and the Author agrees fully tocooperate in the defe nse thereof. The warra nties contained in this article do not extend to draw in gs, illustrati on s, in sofar as not fur ni shed by the Author, or to any othermaterial not fur ni shed by the Author.3. DELIVERYTh

8、e Author agrees to deliver to the publisher, a complete typewritten script as well as acomplete electr onic text of the Work in a format to be determ ined by the Publisher(here in after called the Script). If the Script shall not have bee n delivered withi n three(3) mon ths after the date this agre

9、eme nt is sig ned the Publisher may, at its option,terminate this agreement by notice in writing posted or delivered to the Author.4. PUBLICATIONThe Publisher agrees to publish the Work in book form at its own expe nse at acatalogue retail price of not less tha n $60 per copy not later tha n twelve

10、mon ths afterthe delivery of the completed Work. In the eve nt of delay from causes bey ond the control of the Publisher, the publicati on date may be postp oned accord in gly, but not toexceed eightee n mon ths from the delivery of the completed work.5. COPYRIGHTThe Publisher, upon first publicatio

11、n of the Work, agrees duly to copyright it with thereleva nt authority in the Netherla nds in the n ame of the Author, and to take all necessary steps to protect the copyright un der the Uni versal Copyright Conven ti on.The Author shall, upon the term in ati on of the first term, make timely applic

12、ati on forren ewal of copyright un der the n existi ng copyright law and, provided this agreeme ntshall the n be in force and effect, the Author agrees to assig n to the Publisher, for theren ewal term of the copyright, the rights here in gran ted to the Publisher.6. EDITING AND PROOFREADINGThe Publ

13、isher shall make no cha nges in, additi ons to, or elim in ati ons from themanuscript without the consent of the Author, and in order to obtain such consent, shallsubmit the copy-edited manu script to the Author for his approval. The Author agrees toreturn such proof to the Publisher with his correc

14、ti ons within thirty (30) days of thereceipt thereof by him. The cost of alterations required by the Author, other tha n corrections of typesett ing errors, in excess of fiftee n perce nt (15%) of the origi nal cost ofcompositi on, shall be charged aga inst the ear nings of the Author under thisagre

15、ement or shall, at the option of the Publisher, be paid by the Author in cash;provided, however, that the Publisher shall upon request promptly furnish to the Authoran itemized statement of such additional expenses, and shall make available at thePublishers office the corrected proof for in spect io

16、n by the Author or his representatives.7. ROYALTIES AND LICENSES(a) The Publisher shall pay to the Author or his duly authorized represe ntatives, thefollow ing adva nces and royalties; of ten perce nt (10%) of the retail price thereof on allcopies of the Work sold less retur ns.(b) Fifty perce nt (

17、50%) of the proceeds of any lice nse gran ted to ano ther Publisher tobring out a repri nt editi on of the Work.(c) No royalties shall be payable of copies fur ni shed to the Author or on copies forreview, sample, or other similar purposes, or on copies destroyed.The Author or his duly authorized re

18、presentatives shall have the right upon writtenrequest to exam ine the books of acco unt of the Publisher in sofar as they relate to theWork and any other of the Authors works un der con tract to the Publisher. Such examin ati on shall be at the cost of the Author uni ess errors of acco unting amoun

19、ting to fiveperce nt (5%) or more of the total sum paid to the Author shall be found to his disadvantage, in which case the cost shall be borne by the Publisher.8. OVERPAYMENTIn all in sta nces in which the Author shall have received an overpayme nt of monies under the terms hereof, the Publisher ma

20、y deduct such overpayme nt from any furthersums payable to the Author in respect to the Work.9. NOTIFICATION AND PAYMENTThe Publisher agrees promptly to advise the Author of the terms of any con tractsentered into for any grant or license permitted under this agreement whenever theAuthors share of t

21、he proceeds or royalty is one hun dred dollars ($100.00) or more.Such con tracts shall be made available by the Publisher to the Author or hisrepresentative at the office of the Publisher, and a copy thereof will be furnished theAuthor upon his writte n request. The Authors share of such proceeds or

22、 royalty shallbe promptly paid to him upon receipt by the Publisher.10. AUTHORS COPIESThe Author shall be permitted to purchase copies for his pers onal use at a disco unt offorty perce nt (40%) of the retail price.11. STATEMENTS AND PAYMENTSThe Publisher agrees to ren der semi-a nnual stateme nts o

23、n July 31 and January 31 ineach year follow ing the publicati on hereof, show ing an acco unt of sales and all otherpayme nts due here un der to June 31 and December 31 precedi ng said respectiveacco un ti ng dates. Payme nt the n due shall accompa ny such stateme nts.12. REVERSION AND TERMINATION(a

24、) At any time after two years from the date of first publicati on, but not before, thePublisher may on three mon ths no tice in writ ing to the Author or his represe ntativedisc on ti nue publicati on, and in that eve nt this agreeme nt shall term in ate and allrights here un der shall revert to the

25、 Author at the expirati on of said three (3) monthperiod.(b) If the Publisher shall, dur ing the existe nee of this agreeme nt, default in thedelivery of semi-annual statements or in the making of payments as herein providedand shall n eglect or refuse to deliver such stateme nts or make such payme

26、nts, or anyof them, within thirty (30) days after written notice of such default, this agreeme nt shalltermi nate at the expirati on of such thirty (30) days without prejudice to the Authorsclaim for any mon ies which may have accrued un der this agreement or to any otherrights and remedies to which

27、 the Author may be entitled.(c) If the Publisher shall fail to publish the Work withi n the period in Paragraph 4provided, or otherwise fail to comply with or fulfill the terms and con diti ons hereof, or inthe eve nt of ban kruptcy, etc., as in Paragraph 13 hereof provided, this agreeme ntshall ter

28、m in ate and the rights here in gra nted to the Publisher shall revert to the Author.I n such eve nt all payme nts theretofore made to the Author shall belong to the Authorwithout prejudice to any other remedies which the Author may have.(d) Upon the term in ati on of this agreeme nt for any cause u

29、n der this Article or Article13 hereof, all rights gra nted to the Publisher shall revert to the Author for his use at anytime and the Publisher shall retur n to the Author all property origi nally fur ni shed bythe Author.13. BANKRUPTCY AND INSOLVENCYIf a petition in bankruptcy shall be filed by or

30、 against the Publisher, or if it shall beadjudged in solve nt by any court, or if a Trustee or a Receiver of any property of thePublisher shall be appo in ted in any suit or proceedi ng by or aga inst the Publisher, orif the Publisher shall make an assig nment for the ben efit of creditors or shall

31、take theben efit of any ban kruptcy or in solve ncy Act, or if the Publisher shall liquidate its bus iness for any cause whatsoever, this agreeme nt shall termi nate automatically without notice, and such term in ati on shall be effective as of date of the fili ng of such petiti on,adjudicati on, ap

32、po in tme nt, assig nment or declarati on or comme nceme nt of reorgani zati on or liquidati on proceedi ngs, and all rights gran ted here un der shall thereupon revert to the Author.14. RESERVED RIGHTSAll rights in the Work now existing, or which may hereafter come into existenee, notspecifically h

33、ere in gran ted are reserved to the Author for his use at any time. Reservedpublication rights include, but are not limited to, the right to publish or cause to bepublished in any form, excerpts, summaries of the Work, thereof, not to exceed seventy-five hun dred (7,500) words in len gth.15. ASSIGNM

34、ENTNo assig nment of this con tract, volun tary or by operati on of law, shall be binding uponeither of the parties without the written consent of the other; provided, however, that theAuthor may assig n or tran sfer any monies due or to become due un der this agreement.16. ARBITRATIONAny controvers

35、y or claim arising out of this agreement or the breach thereof shall besettled by arbitrati on in accorda nee with the rules the n obta ining. Such arbitrati onshall be held in the City of Leide n uni ess otherwise agreed by the parties. The Authormay, at his opti on, in the case of failure to pay r

36、oyalties, refuse to arbitrate, and pursuehis legal remedies.17. NOTICESAny written notice required under any of the provisions of this agreement shall bedeemed to have bee n properly served by delivery in pers on or by maili ng the same inpaper or by electr onic means to the parties hereto at the ad

37、dresses set forth above,except as the addresses may be changed by notice in writing; provided, however, thatno tices of term in ati on shall be sent by registered mail.A waiver of any breach of this agreeme nt or of any of the terms or con diti ons by eitherparty thereto, shall not be deemed a waive

38、r of any repetiti on of such breach or in anywise affect any other terms or con diti ons hereof; no waiver shall be valid or binding uniess it shall be in writi ng, and sig ned by the parties.18. INFRINGEMENTIf duri ng the existe nee of this agreeme nt the copyright shall be infrin ged, thePublisher

39、 may, at its own cost and expense, take such legal action, in the Authorsname if necessary, as may be required to restrain such infringement or to seekdamages therefor. The Publisher shall not be liable to the Author for the Publishersfailure to take such legal steps. If the Publisher does not bri ng such an action, theAuthor may do so in his n ame at his own cost and expe nse. Money damagesrecovered for an infrin geme nt shall be applied first toward the repayme nt of the expense of bringing and maintaining the action,