Write with Milton Terms and Conditions
I am today submitting for possible use by you my material identified herein (hereinafter called the "Material") in accordance with the understanding, and subject to the conditions, set forth herein. I acknowledge that the Material was created and written by me without any suggestion or request from you that I write or create the Material. I have attached hereto a copy of said material, a synopsis thereof, or a complete description of such material if in film or tape form. I am executing and submitting this letter in consideration of your agreement to review the Material with the express understanding that I limit my claim of rights to the features of the Material as specifically synopsized or as attached hereto.
- Except as otherwise specifically stated herein, I represent:
a. that the Material is original with me;
b. that I have the exclusive right to grant all rights in the Material; and
c. I have exclusive rights in the title, if any, as regards its use in connection with the Material.
- You agree that you will not use the Material unless you shall first negotiate with me compensation for such use, but I understand and agree that your use of material containing features and elements similar to or identical with those contained in the Material shall not obligate you to negotiate with me nor entitle me to any compensation if you determine that you have an independent legal right to use such other material which is not derived from me (either because such features and elements were not new or novel, or were not originated by me, or because other persons (including your employees) have submitted or may hereafter submit material containing similar or identical features and elements which you have the right to use).
- I agree that I must give you written notice by certified or registered mail at your address as set forth in the address portion of this letter, of any claim arising in connection with said Material or arising in connection with this agreement, within the period of time prescribed by the applicable statute of limitations, but in no event more than ninety (90) calendar days after I acquire knowledge of such claim, or if it be sooner, within ninety (90) calendar days after I acquire knowledge of facts sufficient to put me on notice of any such claim, as an express condition precedent to the initiation of any legal action hereunder. My failure to so give you written notice will be deemed an irrevocable waiver of any rights I might otherwise have with respect to such claim. I shall further withhold filing any legal action for a period of thirty (30) days after said written notice to allow you time to investigate any claim.
- I have retained a copy of said Material, and I release you from any liability for loss or other damage to the copy or copies submitted to you.
- I hereby state that I have read and understand this agreement; that no oral representations of any kind have been made to me; that there are no prior or contemporaneous oral agreements in effect between us pertaining to said Material and that this agreement states our entire understanding. Any provision or part of any provision which is void or unenforceable shall be deemed omitted, and this agreement with such provision or part thereof omitted shall remain in full force as to carry out the purposes stated herein.