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Siren-BookStrand, Inc.

SAMPLE PUBLICATION AGREEMENT

This Agreement, dated ____________________, is made between Siren-BookStrand, Inc., herein called PUBLISHER, and ____________________ (writing as ____________________) the "Pseudonym," herein called AUTHOR, with respect to the work entitled ____________________________________________, herein called the WORK, which title may be changed only by mutual consent of the parties in writing via electronic mail sent to contracts@sirenbookstrand.com, herein called PUBLISHER’S EMAIL.

This Agreement is entered into in good faith, and signatures from all parties named herein indicate acceptance of the Agreement, the authority of the parties herein to bind themselves and the named entities, and the promises and covenants described herein. 

SECTION I. TERM OF AGREEMENT 

This Agreement shall be for a minimum initial period of five (5) years from the actual date of publication, with automatic yearly renewal after that. 

SECTION II. AUTHOR'S NAME OR PSEUDONYM 

A. AUTHOR has the exclusive right, in its sole discretion, unless by mutual consent of both parties and agreed to in writing, to the use of the Pseudonym in connection with the WORK, or any other work published under such Pseudonym.

B. PUBLISHER will have non-exclusive right to use AUTHOR's Pseudonym and biographical material for the purposes of publishing and promoting the AUTHOR and the WORK, or any other work published under such Pseudonym, during the stipulated period. 

SECTION III. ROYALTY COMMISSIONS 

A. PUBLISHER agrees to pay AUTHOR the following royalty commissions: 

1. For single-author title in any electronic edition sold at PUBLISHER's website, PUBLISHER will pay AUTHOR forty percent (40%) of the download price. 

2. For single-author title in any electronic edition sold through affiliates and other distribution outlets, PUBLISHER will pay AUTHOR fifty percent (50%) of net sales PUBLISHER receives. 

B. Net sales are defined as the actual total dollar amount PUBLISHER receives from the wholesale or retail sale of AUTHOR's WORK. 

C. AUTHOR shall receive no royalties on copies of the WORK considered complimentary in PUBLISHER’S sole discretion, i.e., distributed for review, advertising, or other marketing/publicity/ promotional purposes, or on copies provided free to AUTHOR, or sold to AUTHOR at a discount for AUTHOR's personal or resale use. 

D. In the event of a breach of this Agreement by AUTHOR, PUBLISHER shall have the right of offset for any amount due to PUBLISHER. 

SECTION IV. ROYALTY PAYMENT SCHEDULE AND STATEMENTS 

A. Royalty statement and/or royalty payment will be produced and forwarded to AUTHOR quarterly, not more than thirty (30) days after the end of the calendar quarter (March 31, June 30, September 30, December 31). 

B. Payments shall be made in U.S. dollars only by electronic funds transfer. International payment shall be wired with a $50 fee deduction, or via PayPal. No paper check will be issued. 

C. All royalty payments by PUBLISHER shall be based on income actually received by PUBLISHER and not on accounts receivable. AUTHOR understands that royalties shall be paid in the quarter copies of the WORK are already paid for by consumers, distributors, wholesalers or vendors. If consumers, distributors, wholesalers or vendors delay payment to PUBLISHER, PUBLISHER is not obligated to pay the royalty until PUBLISHER has been paid by the consumers, distributors, wholesalers or vendors. Once paid, royalties will be included with the current quarter. Consignment placements are not considered sales until PUBLISHER receives payment. 

D. If royalties in any calendar year are $600.00 or higher, PUBLISHER shall provide AUTHOR a 1099 statement of royalty earnings in electronic form. If royalties in any calendar year are under $600.00, PUBLISHER will not issue a 1099. AUTHOR may use AUTHOR's Royalty Statements as proof of payments. Payment of taxes on royalties is the sole responsibility of the AUTHOR, whether or not an electronic 1099 is issued. No paper 1099 will be issued.

E. In the event that additional WORK or WORKs by AUTHOR are currently being marketed by PUBLISHER, royalty accounts from all such titles will be combined with that for this WORK. 

F. If AUTHOR should pass away before all royalties have been paid, PUBLISHER shall pay royalties to AUTHOR's legal heirs, assigns, or beneficiaries after PUBLISHER receives notice to do so by legal heirs, assigns, or beneficiaries. Notice must be sent electronically to PUBLISHER’s EMAIL.

G. It is AUTHOR's sole responsibility to communicate with PUBLISHER any change in Taxpayer Identification Number or Social Security Number, Postal Mailing Address, Telephone Number(s), Electronic Mail Addresses, or Bank Routing Number if royalties are paid by Electronic Funds Transfer a minimum of 30 days prior to the upcoming quarterly payment. Notice must be sent electronically to PUBLISHER’s EMAIL. If AUTHOR fails to advise PUBLISHER of any changes in the above that prevent the timely payment of royalties, PUBLISHER is authorized to hold, without penalty, payment of royalties until current information is received. If Electronic Funds Transfer, Wire Transfer, or PayPal payment is rejected for an invalid number or address, PUBLISHER shall unilaterally withhold payment of royalties without penalty. 

SECTION V. TERMINATION OF AGREEMENT 

A. PUBLISHER Termination: At any time prior to the publication, or during the publication, or after the publication of the WORK, PUBLISHER may, at its discretion, cancel this Agreement and remove the WORK from publication or distribution. PUBLISHER shall give notice to AUTHOR of removal thirty (30) days prior to removal of the WORK from distribution. Notice shall be sent to AUTHOR’s last known Electronic Mail Addresses PUBLISHER has on file. When PUBLISHER removes the WORK from sale, this Agreement shall terminate and all rights granted shall revert to AUTHOR. 

B. AUTHOR Termination: Only after the initial Agreement period as stipulated in the Term of Agreement and exclusivity of Author's Name or Pseudonym have expired, this Agreement may after that time be terminated by the AUTHOR with a 30-day notice sent electronically to PUBLISHER’S EMAIL and all rights granted PUBLISHER shall revert to AUTHOR at the time of termination. Upon this termination, PUBLISHER will remove listing of the WORK from its website and all download-based distributors. 

C. When this Agreement terminates, all rights to the text of the original, English-language manuscript as submitted by AUTHOR shall revert to AUTHOR. PUBLISHER's copyrighted front cover and inside illustrations and all PUBLISHER's edited versions of manuscript may not be used by AUTHOR or any other individual or company, including other publishers, producing the WORK without permission of PUBLISHER. Any remuneration for the illustrations, edits, and translations will be separately negotiated between PUBLISHER and AUTHOR and/or the PUBLISHER with other publishers. 

SECTION VI. PUBLISHING RIGHTS 

A. AUTHOR agrees to assign exclusively to PUBLISHER worldwide rights of the WORK in electronic edition as readable text in digital format provided as electronic download, E-Book reader, or similar media of presentation, in the English language, for the full term of the Agreement and all renewals and extensions thereof. This grant includes, among other things, the exclusive right to publish, distribute, and sell the WORK, under the PUBLISHER's own name and under other imprints or trade names, to use the WORK as the basis for AUTHOR-approved derivative works in electronic formats, and to license others, in its sole discretion, to exercise any and all rights in and to the WORK. 

B. All rights in the WORK not specifically granted to PUBLISHER in this Agreement are retained by AUTHOR. 

SECTION VII. AUTHOR'S WARRANTIES 

A. AUTHOR hereby represents and warrants to PUBLISHER as follows: 

1. that AUTHOR is the AUTHOR and sole owner of the WORK or has been assigned the rights delineated above; 
2. that the WORK is original; 
3. that the WORK does not infringe upon any copyright, any privacy rights, any other rights of a third party; 
4. that the WORK does not contain any unlawful material; 
5. that the WORK does not contain any defamatory material; and 
6. that the WORK is not in the public domain. 

B. AUTHOR also warrants that these rights are owned or controlled by AUTHOR without encumbrance and that AUTHOR holds the full power and authority to grant the listed rights to PUBLISHER. 

C. If a judgment is obtained against PUBLISHER for usurping rights controlled by another publisher or other entity than PUBLISHER or AUTHOR or for the publication of defamatory material, AUTHOR agrees to hold PUBLISHER harmless, defend, and to indemnify PUBLISHER for all damages, attorney fees, and costs. If PUBLISHER prevails against a suing party or resolves the matter by out-of-court settlement, AUTHOR will be liable to indemnify, defend, and hold harmless PUBLISHER for defense and settlement costs if AUTHOR's warranties are breached as determined by PUBLISHER. 

D. AUTHOR also warrants that AUTHOR shall not hereafter enter into any agreement or understanding with any person or entity that would conflict with the rights granted to PUBLISHER during the term of this Agreement for the WORK. 

SECTION VIII. COPYRIGHT 

A. AUTHOR is the owner of the copyright of the WORK. As a condition of this Agreement, PUBLISHER agrees to include in every copy of the WORK a copyright notice identifying AUTHOR as the owner of the copyright in the manner that complies with the regulations of the U.S. Copyright Act and the Universal Copyright Convention. 

B. AUTHOR will be responsible for registering the copyright with the U.S. Copyright Office, including payment of any fees and the costs of preparing documentation of the WORK as required by the U.S. Copyright office. 

C. AUTHOR understands that if AUTHOR chooses not to register the copyright with the U.S. Copyright office, AUTHOR may be limited in the damages that could be awarded in court if there is a copyright violation. PUBLISHER will place a copyright notice on all versions of the WORK, using the year of first release if no other information is available. 

D. Regardless of the retention of ownership of copyright indicated above, nothing herein shall prevent PUBLISHER from exercising any right granted to it by any state or federal law protecting the holder of a valuable or exclusive right. 

SECTION IX. ISBN 

PUBLISHER will obtain and assign ISBN (International Standard Book Numbers) for the WORK. PUBLISHER will assign as many ISBN designations as required by the various publication formats listed in this Agreement. PUBLISHER will use the assigned ISBN (s) as part of the formal identification. 

SECTION X. SELLING PRICE 

PUBLISHER will set the retail price ("cover price") of the WORK based on length, comparable works, and format, in its sole discretion. PUBLISHER reserves the right to raise or reduce the price at any time prior to or after publication. 

SECTION XI. OWNERSHIP OF CHARACTERS 

A. Except as allowed under the sections of this Agreement governing promotion of the WORK, AUTHOR owns the characters and controls their use in subsequent books. PUBLISHER will have the non-exclusive right to use the title, and all material, including characters in the WORK, for the purposes of promoting and publishing the WORK.

B. Regardless of ownership of characters indicated above, nothing shall prevent PUBLISHER from exercising either its rights under the sections of this Agreement governing exclusive publishing rights or its right of first refusal as stated herein.

C. If AUTHOR writes another work (the “Subsequent Work”) that is a sequel to the WORK covered in this Agreement, as a standalone sequel or as a member of the same series or as a new spin-off series of the existing series as the WORK covered in this Agreement, and/or is a follow up or a continuation or a reboot of the WORK, and/or using or referencing the fictional setting established in the WORK, and/or using or referencing any major characters or future major characters or recurring characters from the WORK covered in this Agreement, PUBLISHER retains a right of first refusal for the Subsequent Work. If PUBLISHER does not accept Subsequent Work for publication confirmed in writing within ninety (90) days of submission, it will be considered refused and AUTHOR will be free to market rights to the Subsequent Work without encumbrance. 

D. Nothing in this Agreement shall obligate the AUTHOR to submit any additional, unrelated works to PUBLISHER under a different pseudonym. 

SECTION XII. EDITING 

A. PUBLISHER has the right of final approval of AUTHOR's manuscript. PUBLISHER may assign an editor to coordinate with AUTHOR in making edits and revisions. AUTHOR shall be notified prior to any and all substantial changes. AUTHOR shall not be required to pay for the services of any editor assigned by PUBLISHER to prepare the WORK for publication. PUBLISHER will provide a proofing copy of the WORK, which AUTHOR must correct and return the revised manuscript to the editor within the timeframe specified by PUBLISHER. 

B. If AUTHOR did not make requested corrections during edits or revisions, without AUTHOR's consent, PUBLISHER may, at its sole discretion, correct typographical or grammatical errors or remove content deemed prohibited or defamatory. 

C. If the proofing copy is not received as agreed, or if AUTHOR fails to comply with the above- mentioned editing terms, PUBLISHER reserves the right to delay publication of WORK for up to six months from the publication date stated in the Agreement, or to publish the WORK under a different Imprint as determined by PUBLISHER. 

SECTION XIII. COVER ART AND BACK BLURB 

A. PUBLISHER shall provide copyrighted cover art at PUBLISHER's expense. AUTHOR may provide AUTHOR’s own cover art, at AUTHOR's expense, with PUBLISHER's explicit permission. If AUTHOR engages an artist other than the AUTHOR to produce an alternative cover, AUTHOR must present documentation that AUTHOR has permission to reproduce the proposed cover art from the copyright owner, or warrants that the cover art is in the public domain. AUTHOR is responsible for formatting AUTHOR's provided cover in an appropriate graphics format of suitable reproduction quality. PUBLISHER will give credit in the published WORK to the cover artist. PUBLISHER has final approval of any cover art.

B. AUTHOR will be asked to write proposed back blurb text and offer suggestions for cover art. PUBLISHER reserves the right to use AUTHOR's blurb text and cover suggestions, in whole or in part. 

SECTION XIV. TITLE 

PUBLISHER has final approval of release title of the WORK. Every attempt will be made to use the title suggested by the AUTHOR, but PUBLISHER has the option to change the release title if the AUTHOR's suggested title is too similar to any books already in release by PUBLISHER or recent releases from any other publisher or if PUBLISHER deems that a more appropriate title is necessary. In the event of a title change, AUTHOR shall be given an opportunity to suggest alternative titles. 

SECTION XV. FORMATTING 

A. PUBLISHER shall be responsible, at PUBLISHER's own expense, to prepare the WORK for release for all formats outlined in this Agreement. This would include conversions from the manuscript into various digital formats. If a particular formatting type is controlled by the distributor, PUBLISHER will prepare the WORK in a manner acceptable to that distributor and submit it to them for formatting. PUBLISHER may not be able to control when the distributor completes the formatting and places the WORK in the stream of commerce. 

B. PUBLISHER shall have the right to produce, advertise, promote, and publish the WORK in a style in which PUBLISHER deems appropriate to the WORK, including format, pricing, and distribution. 

C. If PUBLISHER does not publish and make available for sale at least one edition of the WORK named in this Agreement within one (1) year of the mutually agreed upon release date, this Agreement is void and all rights conveyed herein shall revert to the AUTHOR. 

SECTION XVI. PUBLISHER'S NAME, TRADEMARK AND COVER ART 

A. AUTHOR shall not have rights to, or in, any trademark, service mark, trade name or logos used by PUBLISHER, unless expressly granted in writing. AUTHOR may, with PUBLISHER's express written permission, have limited use of PUBLISHER's marks, logos, symbols, or name for use in approved promotional material. 

B. AUTHOR may use the PUBLISHER's copyrighted and unaltered cover art in AUTHOR's promotional material during the Term of Agreement, unless otherwise expressly granted in writing by PUBLISHER. 

C. PUBLISHER's provided and/or copyrighted cover art may not be used by AUTHOR or any other publishers producing the WORK in formats not listed in this Agreement without permission of PUBLISHER. Any remuneration for the use of this cover art will be separately negotiated between the publishers. 

SECTION XVII. AUTHOR'S BIOGRAPHICAL INFORMATION AND BOOK COVER BLURB 

AUTHOR will provide PUBLISHER with a publicity biography and suggested blurb(s) for use on book cover, website, and promotional literature. A photograph, in either digital (preferred) or hard copy, is optional. PUBLISHER reserves the right to edit or rewrite blurb(s) as necessary for length and/or content. 

SECTION XVIII. DISTRIBUTION OUTLETS 

PUBLISHER retains the right to determine the type, time, method, place, and manner of distribution of electronic editions, except as agreed to in writing signed by both AUTHOR and PUBLISHER. 

SECTION XIX. AUTHOR'S FREE COPIES 

On publication of the WORK, AUTHOR may, on an honor system, give away fifteen (15) copies of the electronic edition of the WORK for promotional purposes and for AUTHOR's own use, at no charge to AUTHOR. Royalties shall not be paid on these complimentary copies. 

SECTION XX. AUTHOR'S ADDITIONAL PURCHASES 

If AUTHOR chooses to purchase additional AUTHOR's books, AUTHOR may purchase an unlimited number of copies at full retail price, for which regular royalties will be paid. 

SECTION XXI. AUTHOR'S RESALE 

A. AUTHOR may give away or resell copies of the WORK that AUTHOR has purchased from PUBLISHER. 

B. AUTHOR shall be responsible for reporting earnings from resale to taxation authorities and PUBLISHER shall be held harmless for AUTHOR's failure to report such earnings. 

SECTION XXII. PROMOTION AND PROMOTIONAL MATERIALS 

A. If the WORK is available in a downloadable format, PUBLISHER may, at its option, provide AUTHOR, consumer, distributor, wholesaler or vendor with a single downloadable master document from which a specific number of copies equal to not more than the number of copies purchased may be made. This shall be considered the same as if PUBLISHER provided individual downloads and shall be counted as individual unit sales, even if the AUTHOR, consumer, distributor, wholesaler or vendor fails to make as many copies as purchased. Any unused copies from a single download master will not be returnable to the PUBLISHER. 

B. AUTHOR has permission from PUBLISHER to duplicate, at no cost and no royalty, exact text copies of the electronic edition of the WORK for the purpose of obtaining book reviews or entering competitions or contests.

C. AUTHOR may send copies to additional review sites, provided AUTHOR notifies PUBLISHER of the identity of those sites. PUBLISHER will email AUTHOR the final, approved version of the WORK, which may be used by AUTHOR to make additional review copies. AUTHOR may only send the final release version of the WORK to review sites. 

D. PUBLISHER shall promote the WORK through PUBLISHER's website and, at PUBLISHER's sole discretion, other avenues of promotion. 

E. PUBLISHER retains the sole right to determine the type, time, method, place, and manner of advertising, if any, except as agreed to in writing signed by both AUTHOR and PUBLISHER. 

F. If AUTHOR has a website, AUTHOR may use excerpts of the final, approved version of the WORK for promotional purposes on AUTHOR's website. AUTHOR's website must include a link directly to PUBLISHER's website. 

G. PUBLISHER shall make every commercially reasonable effort to maintain an attractive, updated website. PUBLISHER will not be liable for site downtime or interrupted transmission or acts of God. 

SECTION XXIII. AUTHOR/PUBLISHER INDEMNIFICATION 

AUTHOR shall indemnify, defend and hold harmless PUBLISHER and its owners and affiliates, editors, shareholders, officers, directors, partners, associates, agents, and representatives and the PUBLISHER shall indemnify, defend and hold harmless the AUTHOR from any and all claims, debts, demands, suits, actions, liens, proceedings and/or prosecutions ("Claims") based on allegations which, if true, could constitute a breach of any of the foregoing warranties, and any and all liabilities, losses, damages and expenses including, but not limited to, attorney's fees and court costs. Each party to this Agreement shall give prompt notice to the other party of any Claims. No compromise or settlement of any Claim shall be made or entered into without the prior written approval of AUTHOR and PUBLISHER. If a Claim is filed, PUBLISHER shall have the right to suspend payments otherwise due to AUTHOR under the terms of this Agreement as security for AUTHOR's obligations under this section. 

SECTION XXIV. INSOLVENCY OF PUBLISHER 

A. If PUBLISHER suspends operations, other than a temporary suspension for technical difficulties such as a loss of Web Server, all rights delineated in this Agreement shall immediately revert to the AUTHOR. If PUBLISHER's operations are ordered suspended by any governmental or police entity, or by Injunction or Restraining Order, all rights shall immediately revert to AUTHOR. If the suspension is lifted and operations resume, AUTHOR and PUBLISHER may agree in writing to continue this Agreement under the same or revised terms. 

B. If PUBLISHER intends to file for protection under the Bankruptcy Laws, PUBLISHER shall suspend operations and immediately revert all rights delineated in this Agreement to AUTHOR. PUBLISHER will wait at least six (6) months before declaring intentions to file for bankruptcy in a conscientious effort to keep contractual rights from becoming assets of the Bankruptcy Court. If the bankruptcy filing involves a reorganization and PUBLISHER continues to operate during the reorganization, AUTHOR and PUBLISHER may agree in writing to continue this Agreement under the same or revised terms. 

SECTION XXV. SALE OF PUBLISHER 

If PUBLISHER sells its assets to another publisher who does or plans to market and promote books of the type and genre of the WORK, the successor publisher will be bound, as a minimum, to the same terms delineated in this Agreement. If the successor publisher does not or does not plan to market and promote books of the type and genre of the WORK, all rights delineated in this Agreement shall revert to the AUTHOR not more than sixty (60) days after the sale of PUBLISHER. 

SECTION XXVI. COPYRIGHT INFRINGEMENT 

PUBLISHER is not obligated to initiate legal proceedings should a Claim arise regarding a third party infringing AUTHOR's or PUBLISHER's rights. If such a Claim arises, AUTHOR and PUBLISHER may sue either jointly or severally. PUBLISHER shall not be held liable for failing to take action upon a Claim. 

SECTION XXVII. AUDIT 

A. If AUTHOR discovers a possible accounting error on the royalty statement, AUTHOR shall bring the error to PUBLISHER's attention. PUBLISHER shall make best effort to correct any such error and correct any royalty payment in error.

B. PUBLISHER shall keep accounts of all receipts regarding the WORK sufficient to permit verification in accordance with the accuracy and completeness of the information and the royalties required to be reported and paid under this Agreement. PUBLISHER shall not be required to keep such records beyond one (1) year after each due date for payment of royalty for the WORK.

C. If PUBLISHER does not correct the accounting error or correct any royalty payment in error in a reasonable time frame, these account sales reports shall be available for AUTHOR's inspection. AUTHOR may, with a sixty (60) day email notice, through AUTHOR's designated representative, during reasonable business hours at PUBLISHER’s designated location in Travis County, Texas, examine PUBLISHER's records that relate directly to the WORK in question. PUBLISHER shall specify reasonable fees to conduct such examination at AUTHOR’s expense. If errors in excess of twenty percent (20%) of royalties or other sums due AUTHOR by PUBLISHER are found in AUTHOR's favor, PUBLISHER shall defray all PUBLISHER’s fees for the examination and pay AUTHOR any sums due, up to the amount owed AUTHOR by PUBLISHER, within sixty (60) days.

D. No more than one such audit shall be performed per annum, unless PUBLISHER has under-reported an amount in excess of twenty percent (20%) of the royalties properly due with respect to one or more reports. 

E. PUBLISHER has sole discretion to refuse AUTHOR's request for an audit over differences of less than $100 or 5% (five percent), whichever is greater, where PUBLISHER has already resolved or corrected, or where AUTHOR sets condition of early termination and/or offers buy out of this Agreement in lieu of forgoing an audit.  

SECTION XXVIII. APPLICABLE LAW 

A. Siren-BookStrand, Inc. is an S Corporation organized under the laws of the State of Texas. This Agreement shall be governed by the laws of the State of Texas and shall be considered legal and binding in all countries. 

B. Recognizing the expense, distraction, and uncertainty resulting from litigation of disputes which may arise under this Agreement, AUTHOR and PUBLISHER agree that, except as specifically provided herein, AUTHOR and PUBLISHER shall submit any and all disputes arising in any way under this Agreement to the American Arbitration Association for final disposition in accordance with its rules, provided that the Arbitrator shall have no authority to award punitive damages. 

C. Notwithstanding the foregoing, nothing in this Agreement shall be deemed to deprive AUTHOR or PUBLISHER of the right to equitable relief in a court of competent jurisdiction respecting rights to its intellectual property or use thereof under this Agreement. Any proceeding under this paragraph shall be brought in the state courts in Travis County, Texas. A judgment may be entered in a court of competent jurisdiction based on any award rendered in arbitration or other proceeding conducted by AUTHOR and PUBLISHER pursuant to this paragraph. 

SECTION XXIX. SEVERABILITY 

If any part of this Agreement is determined by a Court to be unenforceable, the rest of the Agreement is still considered to be in force. 

SECTION XXX. UNDERSTANDING OF ALL PARTIES 

The Agreement contains the entire understanding of the parties with regard to the subject matter hereof and no warranties, representatives, promises, or Agreements have been made between the parties other than expressly herein set forth, and neither PUBLISHER nor AUTHOR shall be, nor are they bound by, any warranties, representations, promises, or Agreements not set forth herein. The Agreement supersedes any previous Agreement or understanding with respect to the WORK and cannot be modified except in writing by all the parties hereto. Upon execution, this Agreement shall be absolutely binding and fully enforceable and shall inure to the benefit of the parties hereto, their successor, personal representative, heirs and assigns. 

SECTION XXXI. CONFIDENTIALITY 

All email communication and phone discussions with PUBLISHER or editorial staff are proprietary and confidential. Consequently, AUTHOR cannot divulge the information in any manner without the PUBLISHER's explicit permission. 

SECTION XXXII. ENTIRE AGREEMENT 

This Agreement hereby constitutes the entire Agreement between the AUTHOR and the PUBLISHER, and may not be altered, terminated, or amended except in writing executed by all parties named herein. 

SECTION XXXIII. SIGNATURES 

IN WITNESS WHEREOF, AUTHOR and PUBLISHER have executed this Agreement on the day and year below, to be effective immediately if the dates are the same, or on the date of the later signature if the dates are not the same. If either AUTHOR or PUBLISHER have electronic signature capabilities and both agree to accept an electronic signature as valid, that electronic signature will be considered of identical weight to a handwritten signature. 

Agreed to and accepted on ______________________________ 

  

  

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