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Software OEM Re Marketing

Software OEM Re Marketing

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Published by SAtAN
Business & Legal Templates
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Published by: SAtAN on Aug 16, 2011
Copyright:Attribution Non-commercial


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Software OEM / RemarketingSoftware OEM / Remarketing AgreementAgreement
[Month, Day, Year]
[Name of Vendor]
OEM / Remarketing Agreement
 ________________________________________________________________________ Attached is an OEM / Remarketing Agreement in order to allow [Name of other party] the right to use the products manufactured by [OEM] in combination with [list products that the OEM's products are to beused with] in order to provide a combined product directly to an end-user..I believe that it embodies everything we discussed.Please read the agreement carefully.We recommend that you also have it reviewed by your own qualified legal counsel.Time is of the essence.Please sign and return it to me asap.Thank you very much!
 ____________________________________________________________________________________________ 1
We wish we could provide an agreement that was tailored
to your business. While this is notalways possible, we feel that we've come very close and that this document provides you with the head-start that you need to get your deal moving. Nevertheless, we must make this disclaimer:
Do Not Use This Agreement 'As-Is.'
This Agreement Is Not Legal Advice.
Read it Thoroughly and Make All Appropriate Changes to Fit Your Requirements.
 You Should Have this Agreement Reviewed and Approved by aQualified Attorney at Law Before Using It.
JIAN Accepts No Liability for the Effectiveness of This Document For Your Purposes.
Free Access to Attorneys, Accountants & Consultants in Your Area
We’re building a network of business experts who are eager to help you when you need it. They canreview your work, make suggestions, handle unique situations and introduce you to influential people. Onour website you can search by expertise and location, then e-mail or jump straight to their website.Although they are professionals and charge for their services, most offer an initial consultation free of charge. They’re in your area and you can contact them directly.
Please visit our website under 
Ongoing Update Service Keeps You Current
Things change, laws change, the world changes... new ideas come along all the time. When you register,you can access our website to get updates and changes... like new and improved spreadsheets anddocuments. They can be downloaded directly to your computer.
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Editing Your Sample Contract
Since this entire agreement is formatted in Word, you can edit it like any other Word document. You can jump from variable to variable by clicking the above
green arrows (JIAN Menu) which will take youforward / backward and highlight the entire sample text identified within the “[ ]” brackets – simply edit /type-over with your information.To make sure your have filled in all the variables, use Word’s ‘FIND’ function to locate any “[ ]” whichmay contain an unedited variable.
Click the icon in the JIAN menu above to turn the expert comments on/off.
Upon completion, delete any unnecessary blank lines that remain.
You may format this document any way you like.
Delete this page.
 ____________________________________________________________________________________________ 2
Software OEM / RemarketingSoftware OEM / Remarketing AgreementAgreement
Effective Date:[Month, Day, Year] by and between
[Company Legal Name]
([Company] or “Company”),located at [Address][City], [State] [Zip Code]and
[OEM Name]
(“OEM”),located at [Address].
[Company] manufactures [computer software that consists of the operating system software for thecomputer hardware (the “Operating System”)], and software designed to allow development of other software applications that will run on the Operating System (the “Developer’s Kit”).OEM desires to package [Company]’s [computer equipment and software] along with other [software andcomputer] equipment (the “OEM Package”) and market the OEM Package to consumers. Now, therefore, in consideration of the foregoing premises and the mutual covenants in this Agreement,the parties agree as follows:
1.Grant of License
1.1Operating System.
[Company] hereby grants to the OEM a non-exclusive, non-transferable licenseto copy and distribute the Operating System, when included as object code in an OEM Package, to end-users (and not for resale) in the [United States/Mexico/Canada/China]. Any such distribution requires thatthe OEM notify such end-users of [Company]’s right to and in the Operating System. No modification or alteration of the Operating System is permitted by this license.
1.2Developers Kit.
[Company] hereby grants to the OEM a non-exclusive, non-transferable license to[copy the Developer’s Kit in both source code and object code formats] as part of the design anddevelopment of derivative works for use in conjunction with the Operating System. All right and title toderivative works designed and developed by the OEM (“OEM Derivative Works”) shall be the soleownership of the OEM excluding [Company]’s intellectual property rights to the Developer’s Kit.[Company] hereby grants to the OEM the right and license to copy, sell, sublicense or otherwise transfer or distribute the Developer’s Kit, in object code only, when included as part of an OEM Derivative Work.
OEM hereby agrees to pay [Company] a royalty for each OEM Derivative Work transferred or distributed by OEM. The parties agree upon the following royalty payment structure:
[Insert royalty terms]
 ____________________________________________________________________________________________ 3

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