Sample Contract for Use of Materials
 

CALIFORNIA INSTITUTE OF TECHNOLOGY

INSTITUTE ARCHIVES

Mail Code 015A-74, Pasadena, California 91125
(626) 395-2704 --Fax (626) 793-8756
archives@caltech.edu

MATERIALS RELEASE

This Materials Release is entered into this _______ day of _______ 2007 by and between the Archives, California Institute of Technology (the "Archives") and the user ("User") identified on the release schedule attached hereto as Exhibit "A" and incorporated herein (the "Release Schedule").

Objection to the use of the material identified on the Release Schedule (the "Material") in the publication, exhibit or product (the "Product") is hereby waived by the Archives subject to the following conditions:

1) This waiver is for a non-transferable, non-exclusive use of the Material, in whole or in part, within the Product for the term and within the territory defined on the Release Schedule.

2) This waiver granted under Section 1 above shall apply only to use of the Material in the Product currently in preparation (the "Current Version"). Use of the Material in future versions, editions or derivative works, such as but not limited to electronic publication as a secondary right, translations, paperback editions and video and audio versions, is not permitted except by special provision or amendment to this Release.

3) The Material must be reproduced accurately and fairly without distortion or misrepresentation and without any association which would tend to degrade the Material or the California Institute of Technology.

4) Credit line must be given as follows: Courtesy of the Archives, California Institute of Technology.

5) The Archives makes no warranty or representation that any reproduction, distribution, performance, display, preparation of derivative works, or usage of the Material hereunder is or will be free from infringement of the rights of third parties. User agrees to defend and hold harmless Archives and the California Institute of Technology against all claims, losses, costs, and expenses arising from reproduction, distribution, performance, display, preparation of derivative works, or other usage of said Material.

6) As full compensation for this waiver granted by the Archives and as a condition to the effectiveness hereof, User shall pay Archives a one-time non-refundable fee in the amount set forth in the Release Schedule, due upon the execution of this Release.

7) User may not employ the name of the California Institute of Technology in any advertising, promotional, or publicity material, nor make any formal presentation or statement which would constitute an express or implied endorsement of any product or service, including the Product, without the prior written consent of the California Institute of Technology. The use of the Material in publicity or promotional materials is limited under this Release, such that the Material may appear only in a manner that indicates that it is part of the content of the Product. Use of the Material on packaging, book jackets or covers is not permitted except by special provision or amendment to this Release.

8) Rights for the use of the IMAGE of ALBERT EINSTEIN are owned by the Hebrew University of Jerusalem and are not granted by this Release.

9) Rights for the use of the IMAGE of RICHARD FEYNMAN are owned by the Feynman heirs and are not granted by this Release.

I/We hereby agree to the conditions outlined in this Release, including the Release Schedule.

By:  __________________________     By:   Archives, California Institute of Technology,

Title:__________________________     Title:______________________________     

Date:__________________________     Date:______________________________    



CALIFORNIA INSTITUTE OF TECHNOLOGY

EXHIBIT "A"

RELEASE SCHEDULE

Page two of the contract, the "Release Schedule," contains the following information pertaining to the particular materials and project in question:

Date:

Material:

Product title:

Publisher/date of publication:

User:

Address:

Phone:

Fax:

Territory:

Term: from the date of the Release.

Type of usage:

Fee:

Special provisions:

Description of Product (include additional sheet if necessary):

Access or form of delivery: