NON-EXCLUSIVE LICENSE AGREEMENT
This Agreement is between ANYUE Network Technology Co., LTD. Changsha Branch (“ANYUE”) and you, the undersigned (“you”). This Agreement is dated as of the date you accept this Agreement (the “Effective Date”).
1.1 The Work refers to the Licensed Work original created and published into platform by Author, who owns the entire copyright of the Work and its derivatives thereof under any applicable laws or regulations.
1.2 Digital copyright refers to the right to use, publish, distribute, sell, sub-license, post, advertise, promote or market such Work on Platforms according to the terms and conditions of this Agreement.
1.3 Platform refers to all the online platforms owned, operated or controlled directly or indirectly by ANYUE, including but not limited to its websites and applications.
1.4 Nature of License: Non-exclusive License, Sub-license. Non-exclusive license means during the validity period and within the licensed areas, ANYUE and its associated companies have the right to use the Licensed Work. Sub-license means during the validity period, ANYUE and its associated companies have the right to license part or all of their rights over the licensed Work to any third party, but such authorization does not affect the use of the licensed Work by ANYUE and its associated companies. The author undertakes that the sub-licensed third party shall have the right to use the licensed Work within the scope of ANYUE and its associated companies' rights without prior consent.
2. License Fee
2.1 As consideration for the non-exclusive license granted to ANYUE under this Agreement, ANYUE shall pay you 50% of the advertising revenue generated by your work. ANYUE is not obligated to pay the Author any other income, benefits, interest, etc., except for the above remuneration or as otherwise stipulated.
2.2 The Author can get the share of income only after the complete Work has been uploaded to the platform and an income is generated, and shall follow the billing system and payment rules set by ANYUE. If the PayPal account or bank information provided by the Author is incorrect, the Author shall bear the risk of payment failure, and ANYUE shall not be liable for any breach of contract.
2.3 All taxes or fees related to the remuneration of the Work shall be borne by the Author.
3. ANYUE's Obligations
3.1 ANYUE acknowledges that the Author is the owner of the Work, and shall do nothing contrary to such ownership. 3.2 ANYUE shall use the Work and make payment to the Author according to the terms and conditions of this Agreement. 3.3 ANYUE is obligated to retain and protect all personal information of the Author or other confidential information that the Author does not want to disclose.
4. Author's Obligations
4.1 The Author has the obligation to upload the E-draft to the Readoo platform according to the prescribed format, or send it to the executive editor by email.
4.2 The Author guarantees that the Work is completely independent and original, does not plagiarize the work of any third party or infringe the copyright of any third party, does not have any copyright disputes, and does not violate the copyright law, publication law or other related laws and regulations of mainland China and the country to which the Author belongs. The Author explicitly acknowledges that he/she shall is solely responsible for any illegal or infringing contents or contents that violate any personal or other civil rights such as reputation, portrait rights, name rights etc. of any third party in the Work.
4.3 The Author guarantees that he/she has the full right to grant the non-exclusive digital copyright of the Work to ANYUE as stipulated in this agreement, and does not infringe upon the legitimate rights or interests of others.
4.4 The Author shall protect the reputation of ANYUE and shall not engage in or conduct any activity that is detrimental to ANYUE or its interests.
4.5 The Work must adhere to the standards set by ANYUE (including but not limited to the submit format and upload form). If the Work contains excessive spelling or grammatical errors or contents ANYUE requires to revise, the Author shall make revisions according to ANYUE’s requests. In case the Author refuses to make such revisions or the Work fails to meet ANYUE’s requirements after such revision, ANYUE has the right not to use or release such Work, and to terminate this Agreement without legal liability.
4.6 The Author agrees to assist or support ANYUE’s marketing and promotion efforts for the Work, including but not limited to the provision of necessary Work information or other promotional materials and shall not do anything detrimental to the image of the Work or ANYUE.
4.7 During the validity period of the Agreement, when the subject matter licensed in the Agreement is infringed by a third party, if one party takes legal actions to protect the rights and interests of one or both parties, the other party is obliged to assist the party involved.
5. Duration of Terms
5.1 This Agreement shall take effect from the effective date and shall remain in full force during the creation period of the Work and for five (5) years after the Work has been completely uploaded onto the Platform. All modules must be completed and confirmed by ANYUE. This Agreement shall be automatically renewed for an additional five (5) years, unless either Party provides a written notice of non-renewal to the other Party at least ninety (90) days prior to the expiration of Agreement.
5.2 The author agrees and understands that for whatever reason the Author terminates the license, or for any reason this Agreement is terminated, or under any other circumstances, during the validity period of this Agreement, ANYUE’s end users have the right to continue using the already downloaded licensed Work, and ANYUE also has the right to continue providing the licensed Work to its users.
6. Breach of Terms
6.1 If the Author’s violation of articles 4.2-4.5 constitutes a fundamental breach of the Agreement, ANYUE has the right to refuse to pay the license fee, and for the Author who has received the payment, ANYUE has the right to require him/her to refund the payment. If any loss is caused to ANYUE, the Author shall be liable for compensation, and ANYUE has the right to terminate this Agreement.
6.2 Except for force majeure or Author's prior notice acknowledged by a written consent from ANYUE, the Author's failure to complete the creation of Work, failure to upload the complete Work to the platform or failure to submit the manuscript to ANYUE as agreed shall be regarded as a fundamental breach of contract. ANYUE has the right to unilaterally terminate this Agreement and require the author to compensate for all the losses.
6.3 Unless otherwise stipulated in this Agreement, if one party violates this Agreement and causes losses to the other party, the defaulting party shall bear all losses caused to the other party, including but not limited to direct losses, indirect losses, legal fees, attorney's fees, notarial fees, etc.
7.1 Any dispute or disagreement arising from the performance of this Agreement shall be firstly resolved through amicable negotiation. If the negotiation fails, either Party may initiate an arbitration proceeding with Shanghai International Economic and Trade Arbitration Commission. The signing, interpretation and performance of this Agreement shall be governed by the laws of the People's Republic of China, and the arbitration fee shall be borne by the losing party.
7.2 If you have any questions about this Agreement, please feel free to contact ANYUE at any time at firstname.lastname@example.org .