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Agreement To Secure Writer For Computer Technical Manual
AGREEMENT made on [Date] by and between [Name] of [Address], hereinafter referred to as Programmer, and [Name] of [Address], hereinafter referred to as Writer, on this [Date], do hereby agree that:
Programmer has authored a technical program entitled (title of program), and Writer shall prepare required manuals and other documentation for the same under the terms and conditions stated herein.
On or before [Date], Programmer shall provide a copy of (name of program) to Programmer. Said program shall be substantially complete, that is, that the program shall perform all its intended major functions, and shall be free from major defects. Some of the functions may be linked to certain stub files. However, Programmer shall provide at the earliest opportunity functional understandable code for such stubbed versions.
In the event that the program is not timely delivered or there are major defects in the same, the time for the completion of the manual by Writer shall be extended accordingly. In the event of a substantial redesign, including the addition of major new functions, or any re-design of the end user interface, Writer shall be entitled to reasonable additional compensation to be negotiated by the parties in good faith. Substantial re-design shall include but be limited to:
(a) change in operating system of the program, such as from Unix to Apple Macintosh OS, or to Windows;
(b) addition of major functions which comprise an extra (--%) or more of the total original components;
(c) re-coding which will comprise (--%) of more of the source code modules.
In the event that the Writer discovers any programming inconsistencies (program bugs) Writer shall immediately inform Programmer of the same.
Writer shall prepare a manual suitable for use by end users, of approximately (--) words.
Writer shall provide required specific charts, and accompaning illustrations. The illustrations shall be (mono/four colur) camera ready copy.
Writer shall provide a ready reference sheet detailing the basic program functions suitable for use by end users needing command sequences or other information for the primary use of the major functions of the program.
Writer shall deliver the manual and other materials provided for herein on or before (date), unless extended as is provided herein. Time is of the essence in this agreement.
Writer shall provide in addition to printed copies, a compact disc and DVD disc of the manual and other information in standard ASCII text or any other mutually agreeable word processing format.
Writer shall assist the Programmer during beta testing programs, if such are held, in the evaluation of the materials delivered by the Writer to beta testers. Such assistance shall be limited, unless expressly contracted for herein to phone or facsimile consultation.
Based upon the results of the beta program, Writer shall in good faith employ Writer'S best efforts to improve the manual where necessary based upon the test results In consideration of the payments made herein, Writer herewith unconditionally sells and assigns the copyright to the manual to Programmer.
In applications or other filings related to the copyright, Programmer may be named as the author. For purposes of American Copyright law, Programmer will be considered to be the statutory author of the manual/ materials delivered herein.
Writer agrees to execute any and all documents requested by Programmer to establish the full ownership of Programmer in the manuals and/or other related materials prepared herein.
Payment terms and compensation to Writer shall be paid as follows:
This is the entire agreement between the parties and the same may only be altered by an instrument in writing.
Executed and dated as first above written at (City) of (State).
This Section for Notary:
STATE OF -------)
) ss: [date]
COUNTY OF ------)
On [Date] before me, [Name of Notary], notary, personally appeared [Name of Person(s) Involved], personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
Witness my hand and official seal.
[Name of Notary Public]
My commission expires: [date]