英文版权合同doc.doc
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1、ABCDEFGHI Memorandum of Agreementmade this 20th day of December 2010BETWEENABWHEREAS the Parties wish to collaborate to reprint, translate and/or adapt as China Editions (the China Editions), for the Peoples Republic of China (excluding Hong Kong, Macau and Taiwan), titles originally published by Ca
2、mbridge University Press (the Original Works), and to publish the China Editions under the joint imprints of Cambridge University Press and CHINESE PUBLISHER, and then to promote, distribute and sell the China Editions in the Peoples Republic of China (excluding Hong Kong, Macau and Taiwan). IT IS M
3、UTUALLY AGREED between the Parties hereto as follows:Principles of collaboration1.1 Publication of the China Editions shall be at the risk and expense of the Parties jointly, and costs and revenue shall be divided between the Parties as provided under this Agreement.1.2 Where copyright in the Origin
4、al Works is held by Cambridge solely, copyright in the corresponding China Editions shall be held jointly by Cambridge and CHINESE PUBLISHER during the term of this Agreement without prejudice to Cambridges sole and exclusive rights in the Original Works. Where copyright in the Original Works is not
5、 held by Cambridge solely or Cambridge holds only the necessary rights under license from the copyright holder of the Original Works for, amongst other things, the publication of the Original Works as the China Editions, Cambridge and CHINESE PUBLISHER shall jointly own copyright in Cambridges and C
6、HINESE PUBLISHERS new contributions to the China Editions (i.e. new content, design, layout, translations etc., not found in the Original Works) during the term of this Agreement without prejudice to the copyright holders own rights in the Original Works as used in the China Editions. For the avoida
7、nce of doubt, except as expressly mentioned in this Agreement, neither Party shall exercise or permit the exercising of any primary or subsidiary rights in the China Editions (by, for example, publishing or licensing rights permitting the publication of, amongst other things, reprint, revised, deriv
8、ative, translation and adapted editions of the China Editions) on its own or jointly with any third-party without securing the prior written agreement of the other Party.1.3 CHINESE PUBLISHER shall have the right to use the name and logo of Cambridge University Press solely in connection with the pu
9、blication, promotion, distribution and sale of the China Editions during the term of this Agreement only and no other use may be made of the said name and logo without the prior approval of Cambridge in writing. For the avoidance of doubt, the China Editions shall bear the joint imprints of Cambridg
10、e University Press and CHINESE PUBLISHER only, and shall be published under Chinese ISBNs provided by CHINESE PUBLISHER, such Chinese ISBNs having been lawfully procured by CHINESE PUBLISHER for the purpose of publishing the China Editions.1.4 CHINESE PUBLISHER shall undertake the promotion, distrib
11、ution and sale of the China Editions in the Peoples Republic of China (excluding Hong Kong, Macau and Taiwan) only (this territory hereinafter referred to as the Area). CHINESE PUBLISHER shall not promote, distribute or sell the China Editions outside the Area, or distribute or sell them directly or
12、 indirectly to any person or organisation in the Area knowing or having reason to believe that they shall be re-sold outside the Area. 1.5 The Original Works to be published as China Editions are listed as Schedule A to this Agreement. Further schedules may be added to this Agreement (e.g. as Schedu
13、les A.2, A.3, A.4 etc.) to provide for the publication of additional Original Works as China Editions subject to the mutual agreement of the Parties in writing.1.6Nothing in this Agreement shall be construed as preventing Cambridge from publishing or co-publishing on its own or with any third-party,
14、 or permitting the publishing or co-publishing by any third-party of, the Original Works or parts thereof in any form or media provided that during the term of this Agreement Cambridge shall not publish or co-publish, or permit the publishing or co-publishing by third-parties, within the Area, of an
15、y work using the Original Works or parts thereof that is in form, content and media closely similar to the China Editions without first securing CHINESE PUBLISHERs consent in writing (e-mail correspondence shall suffice).1.7For the avoidance of doubt, neither Party shall:1.7.1represent itself as an
16、agent of the other Party for any purpose;1.7.2give any condition or warranty or make any representation on the other Partys behalf or commit the other Party to any contracts or obligations;1.7.3without the other Partys prior written consent make any promises or guarantees in relation to the China Ed
17、itions; or1.7.4otherwise incur any liability on behalf of the other Party.Responsibilities of the Parties2.1.1Cambridge shall be responsible for obtaining the consent of the copyright holders (and/or, where appropriate as determined by Cambridge solely, the authors) of the Original Works to the publ
18、ication of the China Editions.2.1.2CHINESE PUBLISHER shall be responsible for obtaining all necessary permissions for the reproduction in the China Editions of any third-party materials that may be included in the China Editions (including any third-party materials in the Original Works reproduced i
19、n the China Editions), and for the payment of relevant fees. CHINESE PUBLISHER indemnifies Cambridge against any loss, injury, damage and expense (including any legal costs and disbursements paid by Cambridge on the advice of Counsel to compromise or settle any claim) occasioned to Cambridge in cons
20、equence of any failure by CHINESE PUBLISHER to discharge its obligations under this clause 2.1.2 and clause 2.2 below.2.2CHINESE PUBLISHER shall be responsible for the agreements with any adapters, translators, illustrators and other contributors to the China Editions, such agreements to be on a wor
21、k-for-hire basis whereby full copyright in the contributions is assigned to Cambridge-CHINESE PUBLISHER jointly, and for the payment of relevant fees. 2.3CHINESE PUBLISHER in consultation with Cambridge, and subject to Cambridges approval of the Print-Run Report, shall be responsible for the reprint
22、ing, translating and/or adaptation of the Original Works as the China Editions, and for the editing and design of the China Editions. The CHINESE PUBLISHER shall cause any reprinting or translation of the Original Works as the China Editions to be made faithfully and accurately, and any adaptation o
23、f the Original Works as the China Editions shall be made in a manner consistent with an adaptation plan submitted to and approved by Cambridge in writing (e-mail correspondence shall suffice).2.4.1Cambridge shall, at its sole discretion, provide CHINESE PUBLISHER with electronic files for Original W
24、orks existing in print format, and with master tapes/CDs and/or DVDs for Original Works existing in audio-visual formats. CHINESE PUBLISHER shall be responsible for paying the relevant fees for these electronic files and master tapes/CDs and/or DVDs, and CHINESE PUBLISHER shall be responsible for th
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