Deed of Permission to digitise and publish electronic versions of creative work(s) under Creative Commons License

This agreement is made on this the ---- day of ----, entered into by and between

1. Sayahna Foundation, JWRA 34, Jagathy, Trivandrum represented by CV Radhakrishnan (cvr@sayahna.org) (hereinafter referred to as First Party) and

2. NAME(s) (and other details including email address if any)(hereinafter referred to as Second Party), the copyright holder of the work(s) of author NAME (and other details).

WHEREAS the First Party has offered to make various electronic versions of author's work(s) (hereinafter referred to as Work) as mentioned in Schedule I of this agreement and to publish such Work in the Internet and the Second Party has accepted the offer.

Definitions

• Work: is any creative work of an author, such as art work, literature, music, paintings as defined in http://en.wikipedia.org/wiki/Creative_work and links provided thereof.

• Server: One or several computer systems which is/are operated by the First Party, or by a third party which has been licensed for this purpose by the First Party, and containing adequate hardware and software making it possible for users of the Internet or other similar networks in the future to access and obtain copies of electronic documents which are stored in the said server(s), to read them online, download to various gadgets and devices and to obtain prints of them.

• Copyright holder: The holder of the copyright of the Work on the day of signing the present agreement.

The parties of this agreement have agreed upon the following terms and conditions:

1. Subject to the terms and conditions of this Agreement the Second Party grants to the First Party the non-exclusive royalty-free right to publish the Work on the Servers of First Party.
2. The Second Party warrants that he/she is the creator of the Work and/or current Copyright holder of the Work and has the right to assign publication rights of the Work within the scope of this Agreement and the execution of this Agreement does not infringe on existing copyrights belonging to a third party.
3. The Second Party assures the First Party that the Work made available to the First Party for publishing are free from legal and/or monetary obligations which would otherwise restrict or prevent the publication of the work in whatever format.
4. The Second Party shall make available the Work to the First Party and the First Party agrees to digitize the Work made available by the Second Party.
5. Both the parties agree that the electronic versions shall be published under Creative Commons license. The Work shall be made available free of cost and openly and freely accessible.
6. The First Party shall keep the Work available for Internet-users only from the date of signing this Agreement.
7. The Second Party will be at liberty to re-publish the Work given to the First Party in whatever form they deem fit but without revoking the rights given to the First Party.
8. Rights of the work will remain with the Copyright holder.
9. The term ebook will also include other electronic formats current as well as those to be invented in future.
10. The Second Party warrants that before transferring the copyright of the Work entirely or partially to a third party, he/she shall notify and furnish the third party with this Agreement and establish that the new agreement is consistent with the present one.
11. Where relevant or where the First Party insists, the Second Party shall produce originals or notarised copies of the publishing agreements previously entered into between publishers with respect to the work concerned and/or documents validating copyright holding.
12. The Second Party understands that First Party may under certain circumstances be forced to remove particular Work of the author due to court or government orders, harm to communal harmony, religious sentiments, personal vendetta etc. First Party reserves the right to remove such Work under any such extraneous conditions.
13. Both parties accept and understand that any restrictions imposed on readers of the Work concerning the use, copying and resale of the Work cannot with any certainty be enforced. First Party will not take action against any such unauthorized use of the Work. The Copyright holder may at his/her own discretion decide whether he/she wishes to take legal action against such infringement on his/her own cost and risk.
14. The Second Party represents and assure the First Party that he/she is free to enter into this agreement and to perform the obligations under these terms and in case such representation and assurance prove to be false and incorrect whereby the First Party suffers any loss or damage, the Second Party shall indemnify the First Party against all such losses and/or damages.
15. All notices to the parties in this agreement shall be sent by Registered mail (acknowledgement due) or electronic mail to the addresses mentioned above. Any change of address of a party shall be notified to the other party in the same manner.
16. Any dispute or difference concerning this agreement or the implementation thereof shall be settled by Arbitration under the Arbitration and Conciliation Act, 1996, as amended from time to time. The Venue of the Arbitration shall be Trivandrum. An award in Arbitration shall be a condition precedent for either party approaching a court of law.
17. This agreement shall be governed by and interpreted in accordance with Indian law and Indian courts have exclusive jurisdiction to settle any dispute which may arise out of under, or in connection with this agreement. Any dispute of differences between the Parties arising out of or in connection with this agreement shall be settled by the District Court in Trivandrum, India, as the court of first instance.

Additional clause to be added in case author wants Sayahna to provide Print-on-Demand service

1. The second party permits the first party to Print on Demand of the Work of author and the first party agrees to divide the sales proceeds of the Print on Demand service equally between the first and second parties.