Posted on 17 February 2012. Tags: authorship, benefit, copyright act, designee, hereby, Invention, Inventions, legal clause, original works, position, sole benefit, sole discretion, trade secrets, Trust, written disclosure
I just got offered a position and this legal clause sounds like anything I make, for the company or on my own becomes the companies property. Is this true?
You agree that you will promptly make full written disclosure to the Company, will hold in trust for the sole right and benefit of the Company, and hereby assign to the Company, or its designee, all right, title, and interest in and to any and all inventions, original works of authorship, developments, concepts, improvements, designs, discoveries, ideas, trademarks or trade secrets, whether or not patentable or registrable under copyright or similar laws, which are solely or jointly conceive or develop or reduce to practice, or cause to be conceived or developed or reduced to practice, during the period of time you are an employee of the Company (collectively referred to as “Inventions”). You further acknowledge that all original works of authorship which are made by you (solely or jointly with others) within the scope of and during the period of your employment with the Company and which are protectable by copyright are “works made for hire,” as that term is defined in the United States Copyright Act. You understand and agree that the decision whether or not to commercialize or market any invention developed by me solely or jointly with others is within the Company’s sole discretion and for the Company’s sole benefit and that no royalty will be due to me as a result of the Company’s efforts to commercialize or market any such invention.
Posted in Affiliate Marketing 101
Posted on 19 October 2011. Tags: assigns, beneficiaries, breach of contract, flooring products, heirs, hereby, law, negative experiences, omission, property, public forum, sale, successors, vinyl flooring, waiver
I just had a terrible experience with a company who laid down vinyl flooring. I asked that they come and tear up the floor and refund my money. They have honored this request, but are making me sign the below waiver. They tell me that me signing this waiver removes my right to post about my experiences with their company on any review website. Could any of you read this and tell me what provision of this waiver unambiguously states that I am not allowed to publicly share my negative experiences with this company in a public forum? Remember, it cannot be considered ambiguous. Thanks.
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I, [my name], hereby acknowledge receipt of the following consideration [dollar amount] in settlement of any and all claims or complaints I have or may have in the future against [company name] Company in regards to the installation issues of the vinyl at [my address].
Together with, and on behalf of, my respective heirs, beneficiaries, fiduciaries, assigns and successors, I hereby RELEASE, ACQUIT AND FOREVER DISCHARGE [company name] Company, together with its subsidiaries, affiliates, employees, agents, attorneys, insurers, successors and/or assigns, from any and all liabilities, manners of action, causes of action, claims and/or demands, both know and unknown, whatsoever, in law or in equity, which have resulted or may result in the future from any alleged nuisance, personal injury, property damage, negligence, breach of contract, tort, violation of local, state or federal law, and/or any other act or omission related to [company name]’s sale of flooring products and/or services described above.
I further declare that I shall keep the terms and conditions of this agreement and all discussions reflecting or relating to it strictly confidential.
I further declare that I have read and reviewed this Release of Claims and fully understand its terms. I expressly understand that by signing this document, I forever give up any and all rights I have, may have had, or may have in the future, to bring any type of legal action against [company name] relating in any way to sale of flooring products and/or service described above, including without limitation any claim based on alleged defects in the product, negligence in installation or other service of such product, or injury to myself, my family, or my property. I further acknowledge that I have entered into this Release of Claims freely and voluntarily, and with intent to be bound thereby.
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Posted in Featured Articles