Rights of Intellectual Property. Any moral and conception right in relation to the projects sent, remains property of the users, however when Projects are published, the users declare and guarantee (under their own exclusive responsibility) to be the owners of the shared Projects and concede to Desall and to the Sponsors a perpetual, free, exclusive license without any territorial limitation for all Projects uploaded on the Desall Site by users participating in the Contest for project internal-use, editorial and advertising purposes. Such license is not to be considered as a license for economic exploitation. Accordingly, during the 12 months following the date of expiration of the contest, the users shall not propose to third parties the Projects submitted in the framework of the Contest promoted by the Sponsor. After 12 months following the date of expiration of the contest, the users will be free to propose their own projects to third parties; however, Desall and the Sponsor will remain entitled to a free, not exclusive license for all Projects uploaded on the Desall Site by users participating in the Contest for project internal-use, editorial and advertising purposes. Such license is not to be considered as a license for economic exploitation. Desall will put to the disposal of the Sponsor a copy of all Projects submitted by the participants to the Contest. Furthermore, with the exception of the restrictions for the use of the Personal Data by Desall and the Sponsor laid down in paragraph 18 hereunder, and except as provided in the provisions contained in the Brief, the participants in the Contest will concede to Desall and to the Sponsor the following rights: a) For all Projects: for 12 (twelve) months following the date of expiration of the contest a perpetual, free, exclusive license without any territorial limitation for all Projects uploaded on the Desall Site by users participating in the Contest for project internal-use, editorial and advertising purposes. Such license is not to be considered as a license for economic exploitation. During the 12 months following the date of expiration of the contest, the user shall not propose to third parties the Projects submitted in the framework of the Contest promoted by the Sponsor. The Sponsor will have the possibility to obtain a perpetual exclusive license for the economical exploitation of the Projects, by exerting – within 12 (twelve) months since the conclusion of the Contest – an option right. If this option right is exerted by the Sponsor, Desall shall pay to the author of the project for which the Sponsor has exerted the option right (and so for every project for which the Sponsor should exert the option right) an amount equal to Euro 1,500.00= (one-thousand- five-hundred/00) + VAT and royalties equal to 30% (thirty per cent) on Desall's net turnover obtained from the concession of the Exclusive License to the Sponsor; before receiving the amount and the royalties as aforementioned, the user pledges to sign a Private Treaty with Desall, aimed at obtaining the perpetual exclusive license for the economic exploitation of the Project in favour of the Sponsor. After 12 months following the date of expiration of the contest, if the Sponsor has not exerted the option right, the users will be free to propose their own projects to third parties; however, Desall and the Sponsor will remain entitled to a free, not exclusive license for all Projects uploaded on the Desall Site by users participating in the Contest for project internal-use, editorial and advertising purposes. Such license is not to be considered as a license for economic exploitation. If the Users do not comply with the terms set above – infringing, in this way, the option rights and/or the obligations deriving from the Exclusive License – the Users will be obliged to pay to the Sponsor an amount equalling the overall cost incurred by the Sponsor for the Contest. b) For the sole Projects and Respective Concepts winning the Contest, even if in one single Category: for Projects that, on the basis of the Brief and of the Contest Agreement, will be acknowledged as the winning Projects of the Contest, even if in one single category, Desall and the authors of the winning Projects of the Contest concede to Desall and the Sponsor – upon payment of the cash award as stated in the Brief – the exclusive license for the economic exploitation of the winning Projects, without any territorial and/or temporal limitations. Both for the winning projects and in case the Sponsor decides to exert the option right for the acquisition of the exclusive and perpetual license for the economical exploitation of the Projects, Desall will pay to the winning users and to those for which the Sponsor has exerted the option right, in addition to the cash awards, also royalties equal to 30% (thirty per cent) on Desall's net turnover obtained from the concession of the Exclusive License to the Sponsor. In this regard, Desall shall send to the User every six months (such term is not to be considered essential) an account statement specifying the Net Turnover deriving from the concession of the Exclusive License to the Sponsor. For which reason, between July 31st and January 31st of every year (such terms are not to be considered essential), Desall shall transmit to the User a report in which the Net Turnover deriving from the concession of the Exclusive License to the Sponsor shall be specified. The payment of the royalties due to the User shall take place within 90 days from the dates set above to the bank details specified by the User (such term is not to be considered essential). The Sponsor, at its own discretion and where it is possible, will mention the names of the authors of the Projects and of Desall for communication purposes and in case of production of products deriving from the Projects developed in the framework of the Contest. The provision mentioned in the preceding paragraph shall apply also to the projects and related products for which the Sponsor should decide to exert the option right. Before the payment of the award and of the royalties, the authors of the selected Projects or of the Projects for which the Sponsor has decided to exert the option right will be obliged to sign a Private Treaty with Desall for the permanent transfer of the economic exploitation rights related to the Projects in favour of the Sponsor and also pledge to collaborate with Desall and the Sponsor, if necessary, for the further development of the Project with at least one revision. The authors of the selected Projects pledge to provide the materials used for their development (blueprint, technical drawing, CAD files, etc.). The above-mentioned licenses will enable one to: publish, reproduce, exhibit, implement, distribute, adjust, revise, modify, translate, create works deriving from the Projects or using otherwise the selected Projects. The engineering of the products is exclusive property of the Sponsor, that will be allowed to use it in the manner it deems most appropriate. For the said engineering no royalties shall be due. The user is not allowed to upload, publish, send, transmit, disseminate or use in any way Projects not belonging to him/her.
Appears in 1 contract
Samples: Contest Agreement
Rights of Intellectual Property. Any moral and conception right in relation to the projects sent, Project sent remains property of the users, however when user. When Projects are published, the users declare user declares and guarantee guarantees (under their his/her own exclusive responsibility) to be the owners owner of the shared Projects and concede to Desall and to the Sponsors a perpetual, free, exclusive license without any territorial limitation for all Projects uploaded on the Desall Site by users participating in the Contest for project internal-use, editorial and advertising purposesProjects. Such license is not to be considered as a license for economic exploitation. Accordingly, during the 12 months following the date of expiration of the contest, the users shall not propose to third parties the Projects submitted in the framework of the Contest promoted by the Sponsor. After 12 months following the date of expiration of the contest, the users will be free to propose their own projects to third parties; however, Desall and the Sponsor will remain entitled to a free, not exclusive license for all Projects uploaded on the Desall Site by users participating in the Contest for project internal-use, editorial and advertising purposes. Such license is not to be considered as a license for economic exploitation. Desall will put to the disposal of the Sponsor a copy of all Projects submitted by the participants to the Contest. Furthermore, with With the exception of the restrictions for the use of the Personal Data by Desall and the Sponsor laid down in paragraph 18 hereunder, and except as provided in the provisions contained in the Brief, the participants in the Contest will concede to Desall and to the Sponsor the following rights:
a) For all Projects: the participants in the Contest concede in an exclusive way to the Sponsor and to Desall for 12 (twelve) months following the date Date of expiration Expiration of the contest Contest a perpetual, free, exclusive free license without any territorial territory limitation for all Projects uploaded on the Desall Site by users participating in the Contest for project internal-use, editorial and advertising purposes. Such license is not to be considered as a license right for economic exploitation. During the 12 months following the date Date of expiration Expiration of the contestContest, the user shall not propose to third parties the Projects submitted in the framework of the Contest promoted by the Sponsor. The Desall or the Sponsor will have the possibility to obtain a perpetual exclusive license for the economical exploitation of the Projects, by exerting exert – within 12 (twelve) months since the conclusion Date of Expiration of the Contest – an option right. By exerting such option right Desall or the Sponsor will obtain a perpetual exclusive right for the economical exploitation of the Projects. If this option right is exerted exercised by Desall or by the Sponsor, Desall shall pay to the author of the project for which the Sponsor has exerted the option right (and so for every project for which the Sponsor should exert the option right) an amount equal to Euro 1,500.00= (one-thousand- five-hundred/00) + VAT and royalties equal to 30% (thirty per cent) on Desall's net turnover obtained from the concession of the Exclusive License to the Sponsor; before receiving the amount and the royalties as aforementioned, the user pledges to sign a Private Treaty with Desall, aimed at obtaining the perpetual exclusive license for the economic exploitation will be conceded only upon subscription of a specific private treaty between Desall and/or the Sponsor and the user author of the Project Project. Such private treaty will provide for the payment by the Sponsor through Desall in favour of the user of an adequate cash amount for the Project, hereby mutually agreed to be equal to Euro 1.800,00= (one-thousand-eight-hundred/00) per Project, taxes excluded. Upon payment of the amount as identified above, the Users authors of the optioned Projects will concede in an irrevocable and exclusive way to Desall, which will in turn concede in an irrevocable and exclusive way to the Sponsor, every right on the acquired Projects. The amount specified above shall be deemed satisfactory for all the expenses deriving from the Project, including all the expenses incurred by the User as well as satisfactory for the inventive activity regarding the industrial properties and the attribution of the rights on the results of the Project. After 12 months following the date Date of expiration Expiration of the contestContest, if either Desall or the Sponsor has not exerted exercised the option right, the users Users will be free to propose their own projects Projects to third parties; however, Desall and the Sponsor will remain entitled to a free, not exclusive license right, without any time and territory limitations, for all Projects uploaded on the Desall Site by users participating in the Contest for project internal-use, editorial and advertising purposes. Such license is not to be considered as a license for economic exploitation. If the Users do not comply with the terms set above – infringing, in this way, the option rights and/or the obligations deriving from the Exclusive License – the Users will be obliged to pay to the Sponsor an amount equalling the overall cost incurred by the Sponsor for the Contest.
b) For the sole Projects and Respective Concepts respective concepts winning the Contest, even if in one single Category: for Projects that, on the basis of the Brief and of the Contest Agreement, will be acknowledged as the winning Projects of the Contest, even if in one single category, Desall and the users authors of the winning Projects of the Contest concede in an irrevocable and exclusive way to Desall Desall, which in turn concedes in an irrevocable and exclusive way to the Sponsor – upon payment of the cash award Award as stated provided for in the present document and in the Brief – the exclusive license right for the economic exploitation of the winning Projects, without any territorial territory and/or temporal time limitations. Both for The aforementioned rights will allow to: publish, reproduce, exhibit, execute, distribute, adapt, revision, modify, translate the selected Projects and make any deriving projects and otherwise use the Projects acknowledged as the winning projects and in case the Sponsor decides to exert the option right for the acquisition Projects of the exclusive and perpetual license for Contest, as well as the economical right to patent the projects deriving from the transformation/revision/modification of the Projects themselves. The right of exploitation of the winning Projects will enable the Sponsor to exercise any broadest right of exploitation on the Projects, Desall will pay that is – by way of example and not limited to – to: publish, reproduce, exhibit, execute, distribute, adapt, revision, modify, translate the selected Projects and make any deriving projects and otherwise use the Projects acknowledged as the winning users and Projects of the Contest, as well as the right to those for which patent (at the sole discretion of the Sponsor has exerted and at its care and expense, in any country) the products and the possible inventions deriving from the transformation/revision/modification of part of the Projects and/or realised any time after the Projects themselves, that should be deemed capable of patent or of any other industrial privative rights, except for the right of the User to be acknowledged as the author of the Project. Such exploitation right regards any market where the Sponsor intends to sell the products realised on the basis of the acquired Projects, or provide third parties with the exploitation rights. Furthermore, the Sponsor is also granted the ownership of all the drawings, projects and other materials realised by the User while executing the Project. Before the payment of the Award, the authors of the winning Projects or of the Projects for whom Desall or the Sponsor should decide to exercise the option right, in addition will be obliged to subscribe a private treaty with Desall and/or the Sponsor for the permanent transfer of the economic exploitation right related to the cash awardsProjects in favour of Desall or the Sponsor and also pledge to collaborate with Desall and the Sponsor, also royalties equal to 30% (thirty per cent) on Desall's net turnover obtained from if necessary, for the concession further development of the Exclusive License to the SponsorProjects with at least one revision. In this regard, Desall shall send to the User every six months (such term is not to be considered essential) an account statement specifying the Net Turnover deriving from the concession The authors of the Exclusive License to the Sponsor. For which reason, between July 31st and January 31st of every year (such terms are not to be considered essential), Desall shall transmit to the User a report in which the Net Turnover deriving from the concession winning Projects or of the Exclusive License to Projects for whom Desall or the Sponsor shall be specified. The payment of should decide to exercise the royalties due option right, pledge to provide the User shall take place within 90 days from the dates set above to the bank details specified by the User materials used for their development (such term is not to be considered essentialblueprint, technical drawing, CAD files, etc.). The Sponsor, at its own discretion and where it is possible, will mention use the names of the authors of the Projects and of Desall for communication purposes and in case of production of products deriving from the Projects developed in the framework of the Contest. The provision mentioned in the preceding paragraph shall apply also to the projects Projects and related products for which the Sponsor should decide to exert exercise the option right. Before If the payment of Users do not comply with the award and of the royaltiesterms set above – infringing, in this way, the authors of option rights and/or the selected Projects or of obligations deriving from the Projects for which Exclusive Right – the Sponsor has decided to exert the option right Users will be obliged to sign a Private Treaty with pay to Desall for an amount equal to Euro 15,000= (fifteen-thousand/00). A copy of all the permanent transfer of Projects submitted by the economic exploitation rights related Users participating in the Contest will be made available to the Projects in favour of the Sponsor and also pledge to collaborate with Desall and the Sponsor, if necessary, for the further development of the Project with at least one revision. The authors of the selected Projects pledge to provide the materials used for their development (blueprint, technical drawing, CAD files, etc.). The above-mentioned licenses will enable one to: publish, reproduce, exhibit, implement, distribute, adjust, revise, modify, translate, create works deriving from the Projects or using otherwise the selected Projects. The engineering of the products is exclusive property of the Sponsor, that will be allowed to use it in the manner it deems most appropriate. For the said engineering no royalties shall be dueby Desall. The user is not allowed to upload, publish, send, transmit, disseminate or use in any way Projects not belonging to him/her.
Appears in 1 contract
Samples: Contest Agreement
Rights of Intellectual Property. Any moral and conception right in relation to the projects sent, Project sent remains property of the users, however when user. When Projects are published, the users declare user declares and guarantee guarantees (under their his/her own exclusive responsibility) to be the owners owner of the shared Projects and concede to Desall and to the Sponsors a perpetual, free, exclusive license without any territorial limitation for all Projects uploaded on the Desall Site by users participating in the Contest for project internal-use, editorial and advertising purposesProjects. Such license is not to be considered as a license for economic exploitation. Accordingly, during the 12 months following the date of expiration of the contest, the users shall not propose to third parties the Projects submitted in the framework of the Contest promoted by the Sponsor. After 12 months following the date of expiration of the contest, the users will be free to propose their own projects to third parties; however, Desall and the Sponsor will remain entitled to a free, not exclusive license for all Projects uploaded on the Desall Site by users participating in the Contest for project internal-use, editorial and advertising purposes. Such license is not to be considered as a license for economic exploitation. Desall will put to the disposal of the Sponsor a copy of all Projects submitted by the participants to the Contest. Furthermore, with With the exception of the restrictions for the use of the Personal Data by Desall and the Sponsor laid down in paragraph 18 hereunder, and except as provided in the provisions contained in the Brief, the participants in the Contest will concede to Desall and to the Sponsor the following rights:
a) For all Projects: the participants in the Contest concede in an exclusive way to the Sponsor and to Desall for 12 (twelve) months following the date Date of expiration Expiration of the contest Contest a perpetual, free, exclusive free license without any territorial territory limitation for all Projects uploaded on the Desall Site by users participating in the Contest for project internal-use, editorial and advertising purposes. Such license is not to be considered as a license right for economic exploitation. During the 12 months following the date Date of expiration Expiration of the contestContest, the user shall not propose to third parties the Projects submitted in the framework of the Contest promoted by the Sponsor. The Desall or the Sponsor will have the possibility to obtain a perpetual exclusive license for the economical exploitation of the Projects, by exerting exert – within 12 (twelve) months since the conclusion Date of Expiration of the Contest – an option right. By exerting such option right Desall or the Sponsor will obtain a perpetual exclusive right for the economical exploitation of the Projects. If this option right is exerted exercised by Desall or by the Sponsor, Desall shall pay to the author of the project for which the Sponsor has exerted the option right (and so for every project for which the Sponsor should exert the option right) an amount equal to Euro 1,500.00= (one-thousand- five-hundred/00) + VAT and royalties equal to 30% (thirty per cent) on Desall's net turnover obtained from the concession of the Exclusive License to the Sponsor; before receiving the amount and the royalties as aforementioned, the user pledges to sign a Private Treaty with Desall, aimed at obtaining the perpetual exclusive license for the economic exploitation will be conceded only upon subscription of a specific private treaty between Desall and/or the Sponsor and the user author of the Project Project. Such private treaty will provide for the payment by the Sponsor through Desall in favour of the user of an adequate cash amount for the Project, hereby mutually agreed to be equal to Euro 3.600,00= (three-thousand-six-hundred/00) per Project, taxes excluded. Upon payment of the amount as identified above, the Users authors of the optioned Projects will concede in an irrevocable and exclusive way to Desall, which will in turn concede in an irrevocable and exclusive way to the Sponsor, every right on the acquired Projects. The amount specified above shall be deemed satisfactory for all the expenses deriving from the Project, including all the expenses incurred by the User as well as satisfactory for the inventive activity regarding the industrial properties and the attribution of the rights on the results of the Project. After 12 months following the date Date of expiration Expiration of the contestContest, if either Desall or the Sponsor has not exerted exercised the option right, the users Users will be free to propose their own projects Projects to third parties; however, Desall and the Sponsor will remain entitled to a free, not exclusive license right, without any time and territory limitations, for all Projects uploaded on the Desall Site by users participating in the Contest for project internal-use, editorial and advertising purposes. Such license is not to be considered as a license for economic exploitation. If the Users do not comply with the terms set above – infringing, in this way, the option rights and/or the obligations deriving from the Exclusive License – the Users will be obliged to pay to the Sponsor an amount equalling the overall cost incurred by the Sponsor for the Contest.
b) For the sole Projects and Respective Concepts respective concepts winning the Contest, even if in one single Category: for Projects that, on the basis of the Brief and of the Contest Agreement, will be acknowledged as the winning Projects of the Contest, even if in one single category, Desall and the users authors of the winning Projects of the Contest concede in an irrevocable and exclusive way to Desall Desall, which in turn concedes in an irrevocable and exclusive way to the Sponsor – upon payment of the cash award Award as stated provided for in the present document and in the Brief – the exclusive license right for the economic exploitation of the winning Projects, without any territorial territory and/or temporal time limitations. Both for The aforementioned rights will allow to: publish, reproduce, exhibit, execute, distribute, adapt, revision, modify, translate the selected Projects and make any deriving projects and otherwise use the Projects acknowledged as the winning projects and in case the Sponsor decides to exert the option right for the acquisition Projects of the exclusive and perpetual license for Contest, as well as the economical right to patent the projects deriving from the transformation/revision/modification of the Projects themselves. The right of exploitation of the winning Projects will enable the Sponsor to exercise any broadest right of exploitation on the Projects, Desall will pay that is – by way of example and not limited to – to: publish, reproduce, exhibit, execute, distribute, adapt, revision, modify, translate the selected Projects and make any deriving projects and otherwise use the Projects acknowledged as the winning users and Projects of the Contest, as well as the right to those for which patent (at the sole discretion of the Sponsor has exerted and at its care and expense, in any country) the products and the possible inventions deriving from the transformation/revision/modification of part of the Projects and/or realised any time after the Projects themselves, that should be deemed capable of patent or of any other industrial privative rights, except for the right of the User to be acknowledged as the author of the Project. Such exploitation right regards any market where the Sponsor intends to sell the products realised on the basis of the acquired Projects, or provide third parties with the exploitation rights. Furthermore, the Sponsor is also granted the ownership of all the drawings, projects and other materials realised by the User while executing the Project. Before the payment of the Award, the authors of the winning Projects or of the Projects for whom Desall or the Sponsor should decide to exercise the option right, in addition will be obliged to subscribe a private treaty with Desall and/or the Sponsor for the permanent transfer of the economic exploitation right related to the cash awardsProjects in favour of Desall or the Sponsor and also pledge to collaborate with Desall and the Sponsor, also royalties equal to 30% (thirty per cent) on Desall's net turnover obtained from if necessary, for the concession further development of the Exclusive License to the SponsorProjects with at least one revision. In this regard, Desall shall send to the User every six months (such term is not to be considered essential) an account statement specifying the Net Turnover deriving from the concession The authors of the Exclusive License to the Sponsor. For which reason, between July 31st and January 31st of every year (such terms are not to be considered essential), Desall shall transmit to the User a report in which the Net Turnover deriving from the concession winning Projects or of the Exclusive License to Projects for whom Desall or the Sponsor shall be specified. The payment of should decide to exercise the royalties due option right, pledge to provide the User shall take place within 90 days from the dates set above to the bank details specified by the User materials used for their development (such term is not to be considered essentialblueprint, technical drawing, CAD files, etc.). The Sponsor, at its own discretion and where it is possible, will mention use the names of the authors of the Projects and of Desall for communication purposes and in case of production of products deriving from the Projects developed in the framework of the Contest. The provision mentioned in the preceding paragraph shall apply also to the projects Projects and related products for which the Sponsor should decide to exert exercise the option right. Before If the payment of Users do not comply with the award and of the royaltiesterms set above – infringing, in this way, the authors of option rights and/or the selected Projects or of obligations deriving from the Projects for which Exclusive Right – the Sponsor has decided to exert the option right Users will be obliged to sign a Private Treaty with pay to Desall for an amount equal to Euro 15,000= (fifteen-thousand/00). A copy of all the permanent transfer of Projects submitted by the economic exploitation rights related Users participating in the Contest will be made available to the Projects in favour of the Sponsor and also pledge to collaborate with Desall and the Sponsor, if necessary, for the further development of the Project with at least one revision. The authors of the selected Projects pledge to provide the materials used for their development (blueprint, technical drawing, CAD files, etc.). The above-mentioned licenses will enable one to: publish, reproduce, exhibit, implement, distribute, adjust, revise, modify, translate, create works deriving from the Projects or using otherwise the selected Projects. The engineering of the products is exclusive property of the Sponsor, that will be allowed to use it in the manner it deems most appropriate. For the said engineering no royalties shall be dueby Desall. The user is not allowed to upload, publish, send, transmit, disseminate or use in any way Projects not belonging to him/her.
Appears in 1 contract
Samples: Contest Agreement
Rights of Intellectual Property. Any moral and conception right in relation to the projects sent, remains property of the users, however when Projects are published, the users declare and guarantee (under their own exclusive responsibility) to be the owners of the shared Projects and concede to Desall and to the Sponsors a perpetual, free, exclusive license without any territorial limitation for all Projects uploaded on the Desall Site by users participating in the Contest for project internal-use, editorial and advertising purposes. Such license is not to be considered as a license for economic exploitation. Accordingly, during the 12 months following the date of expiration of the contest, the users shall not propose to third parties the Projects submitted in the framework of the Contest promoted by the Sponsor. After 12 months following the date of expiration of the contest, the users will be free to propose their own projects to third parties; however, Desall and the Sponsor will remain entitled to a free, not exclusive license for all Projects uploaded on the Desall Site by users participating in the Contest for project internal-use, editorial and advertising purposes. Such license is not to be considered as a license for economic exploitation. Desall will put to the disposal of the Sponsor a copy of all Projects submitted by the participants to the Contest. Furthermore, with the exception of the restrictions for the use of the Personal Data by Desall and the Sponsor laid down in paragraph 18 hereunder, and except as provided in the provisions contained in the Brief, the participants in the Contest will concede to Desall and to the Sponsor the following rights:
a) For all Projects: for 12 (twelve) months following the date of expiration of the contest a perpetual, free, exclusive license without any territorial limitation for all Projects uploaded on the Desall Site by users participating in the Contest for project internal-use, editorial and advertising purposes. Such license is not to be considered as a license for economic exploitation. During the 12 months following the date of expiration of the contest, the user shall not propose to third parties the Projects submitted in the framework of the Contest promoted by the Sponsor. The Sponsor will have the possibility to obtain a perpetual exclusive license for the economical exploitation of the Projects, by exerting – within 12 (twelve) months since the conclusion of the Contest – an option right. If this option right is exerted by the Sponsor, Desall shall pay to the author of the project for which the Sponsor has exerted the option right (and so for every project for which the Sponsor should exert the option right) an amount equal to Euro 1,500.00= (one-thousand- five-hundred/00) + VAT and royalties equal to 30% (thirty per cent) on Desall's net turnover obtained from the concession of the Exclusive License to the Sponsor; before receiving the amount and the royalties as aforementioned, the user pledges to sign a Private Treaty with Desall, aimed at obtaining the perpetual exclusive license for the economic exploitation of the Project in favour of the Sponsor. After 12 months following the date of expiration of the contest, if the Sponsor has not exerted the option right, the users will be free to propose their own projects to third parties; however, Desall and the Sponsor will remain entitled to a free, not exclusive license for all Projects uploaded on the Desall Site by users participating in the Contest for project internal-use, editorial and advertising purposes. Such license is not to be considered as a license for economic exploitation. If the Users do not comply with the terms set above – infringing, in this way, the option rights and/or the obligations deriving from the Exclusive License – the Users will be obliged to pay to the Sponsor an amount equalling the overall cost incurred by the Sponsor for the Contest.
b) For the sole Projects and Respective Concepts winning the Contest, even if in one single Category: for Projects that, on the basis of the Brief and of the Contest Agreement, will be acknowledged as the winning Projects of the Contest, even if in one single category, Desall and the authors of the winning Projects of the Contest concede to Desall and the Sponsor – upon payment of the cash award as stated in the Brief – the exclusive license for the economic exploitation of the winning Projects, without any territorial and/or temporal limitations. Both for the winning projects and in case the Sponsor decides to exert the option right for the acquisition of the exclusive and perpetual license for the economical exploitation of the Projects, Desall will pay to the winning users and to those for which the Sponsor has exerted the option right, in addition to the cash awards, also royalties equal to 30% (thirty per cent) on Desall's net turnover obtained from the concession of the Exclusive License to the Sponsor. In this regard, Desall shall send to the User every six months (such term is not to be considered essential) an account statement specifying the Net Turnover deriving from the concession of the Exclusive License to the Sponsor. For which reason, between July 31st and January 31st of every year (such terms are not to be considered essential), Desall shall transmit to the User a report in which the Net Turnover deriving from the concession of the Exclusive License to the Sponsor shall be specified. The payment of the royalties due to the User shall take place within 90 days from the dates set above to the bank details specified by the User (such term is not to be considered essential). The Sponsor, at its own discretion and where it is possible, will mention the names of the authors of the Projects and of Desall for communication purposes and in case of production of products deriving from the Projects user henceforth accepts that on all projects developed in the framework of the Contestcontest, on the relevant packaging, information booklets and material in general, the following wording will be employed: Name of the designer-Desall. The provision mentioned in the preceding paragraph shall apply also to the projects and related products for which the Sponsor should decide to exert the option right. Before the payment of the award and of the royalties, the authors of the selected Projects or of the Projects for which the Sponsor has decided to exert the option right will be obliged to sign a Private Treaty with Desall for the permanent transfer of the economic exploitation rights related to the Projects in favour of the Sponsor and also pledge to collaborate with Desall and the Sponsor, if necessary, for the further development of the Project with at least one revision. The authors of the selected Projects pledge to provide the materials used for their development (blueprint, technical drawing, CAD files, etc.). The above-mentioned licenses will enable one to: publish, reproduce, exhibit, implement, distribute, adjust, revise, modify, translate, create works deriving from the Projects or using otherwise the selected Projects. The engineering of the products is exclusive property of the Sponsor, that will be allowed to use it in the manner it deems most appropriate. For the said engineering no royalties shall be due. The user is not allowed to upload, publish, send, transmit, disseminate or use in any way Projects not belonging to him/her.
Appears in 1 contract
Samples: Contest Agreement
Rights of Intellectual Property. Any moral and conception right in relation to the projects project sent, remains property of the usersuser, however when Projects are published, the users declare user declares and guarantee guarantees (under their his/her own exclusive responsibility) to be the owners owner of the shared Projects and concede concedes to Desall and to the Sponsors – for 12 (twelve) months since the date of expiration of the contest – a perpetual, free, exclusive license without any territorial limitation for all Projects uploaded on the Desall Site by users participating in the Contest for project internal-use, editorial and advertising purposes. Such license is not to be considered as a license for economic exploitation. Accordingly, during the 12 months following the date of expiration of the contest, the users user shall not propose to third parties the Projects submitted in the framework of the Contest promoted by the Sponsor. After 12 months following the date of expiration of the contest, the users will be free to propose their own projects to third parties; however, Desall and the Sponsor will remain entitled to a free, not exclusive license for all Projects uploaded on the Desall Site by users participating in the Contest for project internal-use, editorial and advertising purposes. Such license is not to be considered as a license for economic exploitation. Desall will put to the disposal of the Sponsor a copy of all Projects submitted by the participants to the Contest. Furthermore, with the exception of the restrictions for the use of the Personal Data by Desall and the Sponsor laid down in paragraph 18 hereunder, and except as provided in the provisions contained in the Brief, the participants in the Contest will concede to Desall and to the Sponsor the following rights:
a) For all Projects: for 12 (twelve) months following the date of expiration of the contest a perpetual, free, exclusive license without any territorial limitation for all Projects uploaded on the Desall Site by users participating in the Contest for project internal-use, editorial and advertising purposes. Such license is not to be considered as a license for economic exploitation. During the 12 months following the date of expiration of the contest, the user shall not propose to third parties the Projects submitted in the framework of the Contest promoted by the Sponsor. The Sponsor will have the possibility to obtain a perpetual exclusive license for the economical exploitation of the Projects, by exerting exert – within 12 (twelve) months since the conclusion of the Contest – an option pre-emption right. If this option By exerting such pre-emption right is exerted by the Sponsor, Desall shall pay to the author of the project for which the Sponsor has exerted the option right (and so for every project for which the Sponsor should exert the option right) an amount equal to Euro 1,500.00= (one-thousand- five-hundred/00) + VAT and royalties equal to 30% (thirty per cent) on Desall's net turnover obtained from the concession of the Exclusive License to the Sponsor; before receiving the amount and the royalties as aforementioned, the user pledges to sign will obtain a Private Treaty with Desall, aimed at obtaining the perpetual exclusive license for the economic economical exploitation of the Project Projects. If the Users do not comply with the terms set above – infringing, in favour this way, the pre-emption rights and/or the obligations deriving from the Exclusive License – the Users will be obliged to pay to the Sponsor an amount equalling the overall cost incurred by the Sponsor for the Contest. If this pre-emption right is exercised by the Sponsor, the license will be conceded only upon subscription of a special contract between the Sponsor and/or Desall and the designer author of the SponsorProject, whereby the Sponsor pledges to pay to the designer an adequate amount for the Project. After 12 months following the date of expiration of the contest, if the Sponsor has not exerted the option pre-emption right, the users will be free to propose their own projects to third parties; however, Desall and the Sponsor will remain entitled to a free, not exclusive license for all Projects uploaded on the Desall Site by users participating in the Contest for project internal-use, editorial and advertising purposes. Such license is not to be considered as a license for economic exploitation. If the Users do not comply with the terms set above – infringing, in this way, the option rights and/or the obligations deriving from the Exclusive License – the Users will be obliged to pay to the Sponsor an amount equalling the overall cost incurred by the Sponsor for the Contest.
b) For the sole Projects and Respective Concepts winning the Contest, even if in one single Category: for Projects that, on the basis of the Brief and of the Contest Agreement, will be acknowledged as the winning Projects of the Contest, even if in one single category, Desall and the authors of the winning Projects of the Contest concede to Desall and the Sponsor – upon payment of the cash award as stated in the Brief – the exclusive license for the economic exploitation of the winning Projects, without any territorial and/or temporal limitations. Both for The aforementioned licenses will allow to: publish, reproduce, exhibit, execute, distribute, adapt, revision, modify, translate the selected Projects and make any deriving projects and otherwise use the Projects acknowledged as the winning projects and in case the Sponsor decides to exert the option right for the acquisition Projects of the exclusive and perpetual license for Contest, as well as the economical exploitation of right to patent the Projects, Desall will pay to the winning users and to those for which the Sponsor has exerted the option right, in addition to the cash awards, also royalties equal to 30% (thirty per cent) on Desall's net turnover obtained from the concession of the Exclusive License to the Sponsor. In this regard, Desall shall send to the User every six months (such term is not to be considered essential) an account statement specifying the Net Turnover projects deriving from the concession transformation/revision/modification of the Exclusive License to Projects themselves. Before the Sponsor. For which reason, between July 31st and January 31st of every year (such terms are not to be considered essential), Desall shall transmit to the User a report in which the Net Turnover deriving from the concession payment of the Exclusive License award, the authors of the selected Projects will be obliged to subscribe a Private Treaty with Desall and/or the Sponsor for the permanent transfer to the Sponsor shall be specifiedof the economic exploitation rights related to the Projects and also pledge to collaborate with Desall and the Sponsor, if necessary, for the further development of the Project with at least one revision. The payment authors of the royalties due selected Projects pledge to provide the User shall take place within 90 days from the dates set above to the bank details specified by the User materials used for their development (such term is not to be considered essentialblueprint, technical drawing, CAD files, etc.). The Sponsor, at its own discretion and where it is possible, will mention the names of the authors of the Projects and of Desall for communication purposes and in case of production of products deriving from the Projects developed in the framework of the Contest. The provision mentioned in the preceding paragraph shall apply also to the projects and related products for which the Sponsor should decide to exert the option pre-emption right. Before the payment of the award and of the royalties, the authors of the selected Projects or of the Projects for which the Sponsor has decided to exert the option right will be obliged to sign a Private Treaty with Desall for the permanent transfer of the economic exploitation rights related to the Projects in favour of the Sponsor and also pledge to collaborate with Desall and the Sponsor, if necessary, for the further development of the Project with at least one revision. The authors of the selected Projects pledge to provide the materials used for their development (blueprint, technical drawing, CAD files, etc.). The above-mentioned licenses will enable one to: publish, reproduce, exhibit, implement, distribute, adjust, revise, modify, translate, create works deriving from the Projects or using otherwise the selected Projects. The engineering of the products is exclusive property of the Sponsor, that will be allowed to use it in the manner it deems most appropriate. For the said engineering no royalties shall be due. The user is not allowed to upload, publish, send, transmit, disseminate or use in any way Projects not belonging to him/her.
Appears in 1 contract
Samples: Contest Agreement
Rights of Intellectual Property. Any moral and conception right in relation to the projects project sent, remains property of the usersuser, however when Projects are published, the users declare user declares and guarantee guarantees (under their his/her own exclusive responsibility) to be the owners owner of the shared Projects and concede concedes to Desall and to the Sponsors – for 12 (twelve) months since the date of expiration of the contest – a perpetual, free, exclusive license without any territorial limitation for all Projects uploaded on the Desall Site by users participating in the Contest for project internal-use, editorial and advertising purposes. Such license is not to be considered as a license for economic exploitation. Accordingly, during the 12 months following the date of expiration of the contest, the users user shall not propose to third parties the Projects submitted in the framework of the Contest promoted by the Sponsor. After 12 months following the date of expiration of the contest, the users will be free to propose their own projects to third parties; however, Desall and the Sponsor will remain entitled to a free, not exclusive license for all Projects uploaded on the Desall Site by users participating in the Contest for project internal-use, editorial and advertising purposes. Such license is not to be considered as a license for economic exploitation. Desall will put to the disposal of the Sponsor a copy of all Projects submitted by the participants to the Contest. Furthermore, with the exception of the restrictions for the use of the Personal Data by Desall and the Sponsor laid down in paragraph 18 hereunder, and except as provided in the provisions contained in the Brief, the participants in the Contest will concede to Desall and to the Sponsor the following rights:
a) For all Projects: for 12 (twelve) months following the date of expiration of the contest a perpetual, free, exclusive license without any territorial limitation for all Projects uploaded on the Desall Site by users participating in the Contest for project internal-use, editorial and advertising purposes. Such license is not to be considered as a license for economic exploitation. During the 12 months following the date of expiration of the contest, the user shall not propose to third parties the Projects submitted in the framework of the Contest promoted by the Sponsor. The Sponsor will have the possibility to obtain a perpetual exclusive license for the economical exploitation of the Projects, by exerting exert – within 12 (twelve) months since the conclusion of the Contest – an option right. By exerting such option right the Sponsor will obtain a perpetual exclusive license for the economical exploitation of the Projects. If the Users do not comply with the terms set above – infringing, in this way, the option rights and/or the obligations deriving from the Exclusive License – the Users will be obliged to pay to the Sponsor an amount equalling the overall cost incurred by the Sponsor for the Contest. If this option right is exerted exercised by the Sponsor, the license will be conceded only upon subscription of a special contract between the Sponsor and/or Desall shall and the designer author of the Project, whereby the Sponsor pledges to pay to the author of designer an adequate amount for the project for which the Sponsor has exerted the option right (and so for every project for which the Sponsor should exert the option right) an amount Project, hereby agreed to be equal to Euro 1,500.00= 1.000= (one-thousand- five-hundred/00thousand/00) + VAT and royalties equal to 30% (thirty per cent) on Desall's net turnover obtained from the concession of the Exclusive License to the Sponsor; before receiving the amount and the royalties as aforementionedProject, the user pledges to sign a Private Treaty with Desall, aimed at obtaining the perpetual exclusive license for the economic exploitation of the Project in favour of the Sponsortaxes excluded. After 12 months following the date of expiration of the contest, if the Sponsor has not exerted the option right, the users will be free to propose their own projects to third parties; however, Desall and the Sponsor will remain entitled to a free, not exclusive license for all Projects uploaded on the Desall Site by users participating in the Contest for project internal-use, editorial and advertising purposes. Such license is not to be considered as a license for economic exploitation. If the Users do not comply with the terms set above – infringing, in this way, the option rights and/or the obligations deriving from the Exclusive License – the Users will be obliged to pay to the Sponsor an amount equalling the overall cost incurred by the Sponsor for the Contest.
b) For the sole Projects and Respective Concepts winning the Contest, even if in one single Category: for Projects that, on the basis of the Brief and of the Contest Agreement, will be acknowledged as the winning Projects of the Contest, even if in one single category, Desall and the authors of the winning Projects of the Contest concede to Desall and the Sponsor – upon payment of the cash award as stated in the Brief – the exclusive license for the economic exploitation of the winning Projects, without any territorial and/or temporal limitations. Both for The aforementioned licenses will allow to: publish, reproduce, exhibit, execute, distribute, adapt, revision, modify, translate the selected Projects and make any deriving projects and otherwise use the Projects acknowledged as the winning projects and in case the Sponsor decides to exert the option right for the acquisition Projects of the exclusive and perpetual license for Contest, as well as the economical exploitation of right to patent the Projects, Desall will pay to the winning users and to those for which the Sponsor has exerted the option right, in addition to the cash awards, also royalties equal to 30% (thirty per cent) on Desall's net turnover obtained from the concession of the Exclusive License to the Sponsor. In this regard, Desall shall send to the User every six months (such term is not to be considered essential) an account statement specifying the Net Turnover projects deriving from the concession transformation/revision/modification of the Exclusive License to Projects themselves. Before the Sponsor. For which reason, between July 31st and January 31st of every year (such terms are not to be considered essential), Desall shall transmit to the User a report in which the Net Turnover deriving from the concession payment of the Exclusive License award, the authors of the selected Projects will be obliged to subscribe a Private Treaty with Desall and/or the Sponsor for the permanent transfer to the Sponsor shall be specifiedof the economic exploitation rights related to the Projects and also pledge to collaborate with Desall and the Sponsor, if necessary, for the further development of the Project with at least one revision. The payment authors of the royalties due selected Projects pledge to provide the User shall take place within 90 days from the dates set above to the bank details specified by the User materials used for their development (such term is not to be considered essentialblueprint, technical drawing, CAD files, etc.). The Sponsor, at its own discretion and where it is possible, will mention the names of the authors of the Projects and of Desall for communication purposes and in case of production of products deriving from the Projects developed in the framework of the Contest. The provision mentioned in the preceding paragraph shall apply also to the projects and related products for which the Sponsor should decide to exert the option right. Before the payment of the award and of the royalties, the authors of the selected Projects or of the Projects for which the Sponsor has decided to exert the option right will be obliged to sign a Private Treaty with Desall for the permanent transfer of the economic exploitation rights related to the Projects in favour of the Sponsor and also pledge to collaborate with Desall and the Sponsor, if necessary, for the further development of the Project with at least one revision. The authors of the selected Projects pledge to provide the materials used for their development (blueprint, technical drawing, CAD files, etc.). The above-mentioned licenses will enable one to: publish, reproduce, exhibit, implement, distribute, adjust, revise, modify, translate, create works deriving from the Projects or using otherwise the selected Projects. The engineering of the products is exclusive property of the Sponsor, that will be allowed to use it in the manner it deems most appropriate. For the said engineering no royalties shall be due. The user is not allowed to upload, publish, send, transmit, disseminate or use in any way Projects not belonging to him/her.
Appears in 1 contract
Samples: Contest Agreement