Thursday, June 05, 2008

Just look at the Signature line

2008 Westview Book Publishing Agreement

Book Publishing Agreement


Published by Westview, Inc. (hereinafter referred to as "PUBLISHER") and
_____________________________(hereinafter referred to as "AUTHOR"), agree in
accordance with the terms and conditions of this Agreement and the attached
Schedule(s), to conduct business as described herein and in the Schedule(s). This
Agreement and the attached Schedules, notwithstanding any oral communication between
either party, shall constitute the complete and total extent of the services being provided.


The term of this Agreement shall be for the period commencing on the date this
Agreement has been signed by PUBLISHER and by AUTHOR and continuing until
terminated by either party by at least thirty (30) days written notice.


PUBLISHER: Published by Westview, Inc.
8120 Sawyer Brown Rd., Suite 107,
P.O. Box 210183, Nashville, Tennessee 37221
phone 615.646.6131



AUTHOR desires to engage the services of PUBLISHER in printing, receiving, and fulfilling
orders, collecting payments, and remitting royalties to AUTHOR, for the following literary
work (hereinafter referred to as the WORK):


A. In return for compensation detailed in Schedule 3, AUTHOR, as Copyright Holder,
hereby grants to PUBLISHER a limited license during the term of this
Agreement: (i) to photograph, copy, duplicate, reproduce, and otherwise depict, by any
method or means available to PUBLISHER, the WORK to which
this agreement pertains, (ii) to sell or distribute any such photograph, copy, duplicate,
reproduction or depiction of the WORK, through sales channels including, but not limited
to, Internet, retail outlets, catalog, education, trade, advertising or promotion, for as long
as PUBLISHER shall own or have the right to sell or distribute the WORK, and (iii) to use
the title of the WORK and the name, portrait, picture or likeness of the Copyright Owner.

B. PUBLISHER hereby represents and warrants: (i) that he shall give the Copyright Owner
appropriate credit on the cover of the WORK, (ii) that he shall not utilize the reproduction,
photograph, or duplicate without the Copyright Owner's prior approval.

C. AUTHOR hereby represents and warrants: (i) that s/he is the creator of the
above-described literary work, (ii) that s/he has full right, power and authority to make this
Agreement, (iii) that PUBLISHER may exercise the rights granted herein without violation of
any law, including any copyright law or law relating to the right of privacy, and without
infringing in any way the rights of any person or corporation.

D. AUTHOR retains full ownership of the copyright, all serial rights, broadcast rights, or
other rights of authorship.


AUTHOR and PUBLISHER shall indemnify and hold each other harmless from any and all
losses, claims, damages, liabilities, costs and expenses (including reasonable attorney's
fees) arising out of any violation by the other of the terms of this Agreement. Such
indemnification obligations shall survive the termination of this Agreement, for a period of
two (2) years.


PUBLISHER warrants that the Services will conform to their respective functional and
technical specifications.


A. PUBLISHER's sole obligation in case of any breach of its warranties set forth in this
Agreement shall be to use reasonable efforts to correct any and all Services that are not
in compliance with the warranties provided.

B. In no event will either party be responsible for special, indirect, incidental or
consequential damages which the other may incur or experience on account of entering
into or relying on this Agreement and the Schedule(s) hereto, even if the other party has
been advised of the possibility of such damages.


The parties to this Agreement shall be responsible (i) for compliance with all laws and
governmental regulations affecting their respective businesses and (ii) for any use it may
make of the Services to assist it in complying with such laws and governmental regulations.


It shall be a breach of this Agreement if either party (i) fails to pay when due any sum of
money due hereunder or pursuant to any of the Schedule(s) hereof, (ii) defaults in the
performance of any of the other provisions under this Agreement, or (iii) defaults in the
performance of, or fails to comply
with this Agreement.


A. PUBLISHER acknowledges that AUTHOR may provide information to PUBLISHER
regarding upcoming literary works, and will not disclose any data, electronic messages, or
any other information to any third party regarding such works.

B. PUBLISHER acknowledges that it will receive confidential information from customers.
PUBLISHER shall use all efforts to provide protection for confidential information, including
measures at least as strict as those PUBLISHER uses to protect its own confidential
information, but no less than a reasonable duty of care.

C. PUBLISHER shall not use confidential information received from customers or web site
visitors for any purpose other than that of fulfilling PUBLISHER's obligations under this
Agreement, nor will the confidential information, or any part thereof, be disclosed,
transmitted, sold, assigned, mined, aggregated with another client's information, leased or
otherwise disposed of, or made available for access by third parties, or be commercially
exploited by or on behalf of PUBLISHER, its employees or agents, except as expressly
authorized by this Agreement.

D. PUBLISHER shall adhere to all privacy and data protection laws applicable to its
gathering, processing, storing, and transmitting of customer information.


A. The parties acknowledge that they have not been induced to enter into this Agreement
by any representation or warranty not set forth in this Agreement.

B. If any provision of this Agreement (or any portion hereof) shall be held to be invalid,
illegal or unenforceable, the validity, legality or enforceability of the remainder of this
Agreement shall not in any way be affected or impaired thereby.

C. The individuals executing this Agreement and the Schedule(s) hereto on behalf of the
parties each represent that they are duly authorized to execute this Agreement and the
Schedule(s) hereto on behalf of their respective principal.

D. This Agreement shall be governed by the laws of the State of Tennessee, without giving
effect to principles of conflicts of law.

E. The performance of any obligation hereunder by PUBLISHER will be excused if
prevented by acts of God, third party providers outside the control of PUBLISHER, public
enemy, fire or other casualty, labor dispute or, without limiting the foregoing, any
circumstances beyond PUBLISHER's reasonable

F. This agreement is non-transferable.

G. Either party may terminate this agreement for any reason upon written notification.

H. This agreement is non-exclusive.

By: __________________________________________ Date: _________
Paula Underwood Winters or Mary Catharine Nelson
Westview Publishing Co., Inc.

By: ______________________ ___________________________ Date: _________
Printed Name of Author Signature of Author

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