This multimedia development and license agreement template has 12 pages and is a MS Word file type listed under our software & technology documents.
Sample of our multimedia development and license agreement template:
MULTIMEDIA DEVELOPMENT AND LICENSE AGREEMENT This Multimedia Development and License Agreement (the "Agreement") is effective [DATE], BETWEEN: [YOUR COMPANY NAME] (the "Company"), a company organized and existing under the laws of the [State/Province] of [STATE/PROVINCE], with its head office located at: [YOUR COMPLETE ADDRESS] AND: [COMPANY NAME] (the "Developer"), a company organized and existing under the laws of the [State/Province] of [STATE/PROVINCE], with its head office located at: [COMPLETE ADDRESS] WITNESSETH: WHEREAS, [YOUR COMPANY NAME], (the "Company", hereinafter) desires to retain the services of [COMPANY NAME], (the "Developer", hereinafter) to create interactive multimedia programs, and Developer desires to perform such services on the terms and conditions set forth herein; WHEREAS, Company and Developer acknowledge that all right, title and interest in such programs shall be owned by Developer and Company on the terms and conditions set forth herein; and WHEREAS, Company desires to obtain a license to reproduce, distribute, perform and display the said programs, and Developer desires to grant such license on the terms and conditions set forth herein; WHEREAS, Company contemplates a series of programs to be developed on a project by project basis, individual Program Agreements will define the scope of work and specify details for each project as an addendum to the terms and conditions set forth herein this Master Agreement; NOW THEREFORE, in consideration of the mutual premises set forth herein, Developer and Company, intending to be legally bound, hereby agree as follows: Scope of DEVELOPER'S Work Company agrees to retain Developer to provide the services and deliver a Program or Programs. The scope of work for each Program will be defined and set forth in a Program Agreement. Developer warrants that the performance of the services shall be of the highest professional quality and shall be accomplished in compliance with all applicable laws and regulations and in accordance with any terms and conditions set forth herein and in the Program Agreement(s). To initiate the development of a Program, Company will pay to Developer a fee to develop a Program Plan, including a Specification, a Development Budget, and a Milestone Schedule. Each Program Plan will be submitted to Company for its approval, and following approval, will be incorporated in the Program Agreement. The Specification will provide a definition of the scope and functional characteristics of the Program, and the minimum hardware requirements. The Development Budget will include all projected staff time for the development of the Program that conforms to the Specification. The Milestone Schedule will include the list of major development events required to complete the Program. These milestone events typically include: the program design and content outline; draft scripts and storyboards; sample screens and graphic sequences; final scripts and graphics; the completed Program. The development fee for a Program Plan will be invoiced using the fee schedule set forth in Exhibit [SPECIFY], not to exceed an amount agreed to in advance by the parties. Company shall pay Developer the development fee for the Program Plan, regardless of whether Company decides to develop the Program. DEVELOPER Compensation As full compensation for all services performed by Developer and the limited license granted it hereunder, Company shall pay Developer on a time and materials basis using the fee schedule set forth in Exhibit [SPECIFY] attached hereto and incorporated herein, and a royalty, as set forth in Section [NUMBER]. Developer shall deliver to Company, within [NUMBER] days after the end of each calendar month, an invoice for its services provided during the preceding month and an accounting of reimbursable expenses. All invoices will be paid within [NUMBER] days. If, during the course of development, Company requests or Developer recommends the inclusion of capabilities that were not included in the Specification, Developer will present to Company for its approval the projected additional cost in staff time to include the capability in the Program. Following Company's approval, the Program Plan in the Program Agreement will be amended to reflect the change. The deliverable associated with each milestone in the Milestone Schedule will conform to the then current Specification and will be submitted to Company for its written approval and agreement that it conforms to the Specification ("Acceptance"). If approval is withheld due to a requirement for a material change to the Specification, Developer will present any projected additional costs associated with the change. The Specification incorporated in the Program Agreement will form the sole basis for Acceptance of the Program by Company. DEVELOPER Expenses Developer will be reimbursed by Company for authorized and reasonable expenses incurred by Developer in connection with the performance of the services rendered by Developer hereunder, provided that Developer provides Company with a reasonable accounting, together with receipts, for such expenses. Travel expenses, including transportation, lodging, meals and other similar expenses, shall only be incurred with the advance approval of Company. Notwithstanding anything to the contrary contained herein, Company shall not reimburse Developer for (a) secretarial or word processing services, whether straight time or overtime; (b) any other staff services, except for services provided by professional staff listed in Exhibit [SPECIFY]; (c) computer time; (d) express delivery services that are not explicitly requested by Company; (e) facsimile charges; (f) photocopying in excess of [SPECIFY] cents per page; or (g) meals (other than meals incurred while traveling). RoyaltIES For each Program developed under this Master Agreement, Company will pay Developer a royalty equal to the percentage of the Company's Net [SPECIFY CURRENCY] Receipts, such percentage set forth in the Program Agreement. For purposes of this Agreement, Net [CURRENCY] Receipts shall mean [COUNTRY] [SPECIFY CURRENCY] actually received by Company derived from licensing a Program or module thereof, and excluding any excise, sales, use or other domestic or foreign tax (except for income taxes), and transportation, shipping and handling charges applicable thereto, and less bad debts, customer returns, allowances and credits as well as any taxes withheld. All rights and licenses granted and all sales made by Company pursuant to this Agreement to any affiliate or subsidiary of Company will be treated as though they were rights and licenses granted and sales made to unrelated publishers and licensees. The Program will be licensed at a price to be determined by Company in its sole discretion. In addition, Company may license a Program in conjunction with other Company products. In the event that a Program is licensed in conjunction with other Company products, royalties shall be paid to Developer on a pro-rata basis reflecting the proportion that the then current published price of the Program bears to the sum of the then current prices of the Program and the other products. Royalties will be paid [SPECIFY], on or before the last day of [MONTH] of each year for royalties due for the preceding year ending the last day of [MONTH]. Royalty payments will be accompanied by an appropriate statement of account, detailing both Net [CURRENCY] Receipts and units installed under end user and site licenses. Developer reserves the right to audit the Company's books and records annually in order to verify Product Net [CURRENCY] Receipts and royalties due, and such books and records will be maintained by the Company for [NUMBER] years following each royalty payment or the termination of this Agreement, whichever is later.
