This is the registration form for the EpOS program. Read it carefully to know what are your duties and rights, as it is a copy of an official contract used to obtain the pOS and develop for it.
NOTE: This is not the official registration form. Please take the last official version form proDAD's WWW site.
Applicant Developer:
To
proDAD Software
"pOS"
Feldelestr. 24
D - 78194 Immendingen
Germany
The applicant herewith applies for the admission to the EpOS-Program by proDAD in the following categories(please tick):
Conditions on the different categories:
Upon release of a Shareware full version for pOS, I herewith agree to immediate ly pay once the gross retail price of each released product as a developer support fee.
Upon release of the first commercial product (full version) for pOS, the remain ing balance to the category "Commercial" will immediately be settled and the future status as Commercial-Developer is accepted herewith. In addition, the conditions of the c ategory "Commercial" will apply.
Upon release of a commercial full version for pOS, I herewith agree to immediat ely pay once the gross retail price of each released product as a developer support fee . The category "Commercial" offers the possibility to send the product immediately before or upon its release to proDAD for testing the functionality and quality. After this tes ting, proDAD may - in case of appropriate product-features - assign the right to carr y the pOS- product-quality seal. This does not incur any costs for the developer.
Scope of services
All categories:
Additionally, Pre-Commercials and Commercials may (upon request) obtain th e following services:
This contract may be cancelled in writing only, with three months notice for the end of each participant's year. In case of cancellation by proDAD due to severe breach of contract, especially breach of the Declaration of Secrecy, the right on a refund of fees already paid in advance will be excluded. In case of unpaid fees, proDAD reserves the right, to exclude products for which according to the above conditions no fee has been paid, partially or in full from the EpOS developer program or from the press support as well as from any other official support. Such or similar cases of delayed payment give the right to a cancellation of the contract with immediate effect. Notice of cancellation has to be made in writing.
The annual fees and other fees arising from above conditions will be settled as follows:
Bank ________________________
Routing code (R/C) ________________________
Account No. ________________________
Please turn over
Declaration of Secrecy
proDAD Software develops the operating system pOS as well as supplements, procedures and techniques - hereafter referred to as projects -. In mutual interest and in respect to the mutual co-operation both parties agree to keep absolute secrecy and mutually respect the copyrights.
The developer agrees not to reproduce or make accessible to third - neither in full nor in part - any information, material, documents or projects. The developer further agrees to use the provided material, documents and projects for internal use only. In addition, developer agrees to respect and keep any company and business confidentiality and secret. This is valid especially for any new project.
The developer limits the use of the information and material provided by proDAD to those employees only who need them to achieve the aims of the development, the co-operation or the projects. The developer further agrees to inform all those employees working with the information and material provided by proDAD, about the present Agreement and on the possible consequences in case of breach or non-respecting of the stipulations. Upon request of the developer, a new agreement may be made with proDAD, including other developers as well.
The Developer agrees to keep any information and material provided by proDAD in a place inaccessible to third.
The Declaration of Secrecy is valid for a period of 5 years, starting from the moment when the developer receives a project, information or material. The obligation to keep secrecy is only suspended if the information and material concerning the respective project are already generally known or will subsequently be made known without the developer being held guilty. The same is valid in case that the developer already achieved knowledge of it or will subsequently learn about it from other channels than from proDAD or in case of breach of the obligation of secrecy by another party or if proDAD gave written approval to make the information generally known.
proDAD holds all rights on the information or material provided to the developer. Upon termination of the co-operation with proDAD, the developer is obliged to return any copies of the information and material provided by proDAD without further delay. proDAD may as well request the return of such material any time before termination of the co-operation.
proDAD does not assume any liability as to the correctness, value and validation of the information or material provided by proDAD to the developer. All rights on these materials reserved by proDAD. proDAD is not obliged to provide the developer with certain information or material in future or to include the developer in any future agreement on the purchase or providing of information, material, goods or services.
Claims for compensation - especially claims resulting from extra-contractual liability, from fault on contract of agreement, from breach of contractual or legal side-duties, from subsequent and/or immediate damages, as well as from lost income or non-realisation of savings of the developer are strictly excluded. proDAD may only be sued for liability in case of deliberate intention or severe negligence, provided no duty has been infringed whose observance is of special importance to achieve the contractual target.
This Agreement regulates all legal relation between the developer and proDAD Software GbR Huber and Burkarth and with it, any previous agreements made become void. The Agreement may not be transmitted to third without prior written approval by both parties.
The developer herewith agrees that any unauthorised passing on or use of the information and material provided will cause severe and long-term losses. The developer herewith accepts to immediately pay a contractual fine in case of infringement of any stipulation of the present agreement, especially of the obligation of secrecy. proDAD reserves the right to claim further compensation of damages and to make use of any further rights and legal possibilities in case of infringement.
Place of jurisdiction is the place of business of proDAD.
Further agreements or side-agreements do not exist and are in any case only valid if made in writing signed by both parties.
In the event that any provision of this Agreement shall be unenforceable or invalid under applicable law or be so held by applicable court decision, such unenforceability shall not render this Agreement unenforceable or invalid as a whole. In such an event, both parties agree that such provision shall be changed so as to best accomplish the commercial objective of it within the limits of the applicable law. This Agreement is governed in all respects by the laws of the Federal Republic of Germany.
The developer herewith accepts the conditions of the above agreement without any objections and confirms this with his signature below. Upon receipt of the signed Agreement by proDAD, the developer will receive a counter-signed copy and a confirmation.
Developer
Recipient 1: Signature
Recipient 2: Signature
Company
Name
Street
Post Code Town
Country
Phone e-mail
Fax other
The trade certificate is enclosed
Date
This is for let you know what are the conditions to make an agreement with proDAD. It is not the official registration form, even though it is complete. Please use the registration form that you can find on the proDAD's WWW site that may contain modifications or updates to this one.
