ASCP - ASSIGNMENT OF COPYRIGHT

Transcription

1 ASCP - ASSIGNMENT OF COPYRIGHT These terms apply to your contribution to the American Society for Clinical Pathology ( ASCP ) publication, program or other activity identified on page 1 of this Assignment and set out the rights you grant to ASCP in the contributed work specified below (the Work ). This copyright assignment (the Assignment ) must be executed by ALL authors of each work submitted to ASCP. If there is more than one author, the primary author is responsible for obtaining the signatures of all co-authors. If this contribution is on behalf of a company, the terms Author and you also mean the company identified below. For examination questions and answers, this Assignment will apply to all questions and answers submitted to ASCP during the term identified on page 1. If you agree to be bound by these terms, sign the Assignment where indicated and complete the author information tables on page 1. Please read this Assignment carefully before signing. Company Name Check the following as applicable and provide requested information: Primary Author Written work Title of work: ASCP publication title, volume number, date and page: List all coauthors and attach form: Program or other activity Title or description of program or other activity:

2 Exam questions ASCP committee Applicable time period: Name of committee: This Assignment applies to questions/answers submitted to ASCP in [insert year or applicable time period]. **Attach co-author information sheets if applicable. For ASCP teleconferences and live webcasts, attach Planning Guide. Co-Author(s)

3 **Attach other sheets for co-authors if necessary.

4 Terms 1. Copyright. In consideration of ASCP reviewing, editing and/or publishing the Work and other good and valuable consideration, the Author(s) herebyassign(s) to ASCP, effective upon acceptance of the Work by ASCP, all right, title and interest in the Work, including allrelated copyright, publishing, intellectual property, and proprietary rights, and the right to register the copyright and secure any renewals, reissues and extensions thereof,in the United States and any foreign country, in any language and in any medium now known or developed in the future. With respect to Works that consist of examination questions and answers, the Author(s) further agree(s) that the terms of this Assignment will apply to any Work that the Author(s) create(s) for ASCP after signing this Assignment during the term set forth on page 1 and that any rights that the Author(s) may have in such Works are hereby assigned to ASCP automatically and immediately upon creation. "Work" includes (without limitation) any copyrightable works, including without limitation, literary works, articles, computer programs, source code, object code, figures, tables, graphics, images, videos, sound recordings, audiovisual works, presentation slides, manuals, documentation, educational course and instruction materials, examination questions, answers, modules and materials, teleconference and webcast materials, or any other content or material that you submit to us, including any translations, revisions, excerpts, annotations, or derivatives thereof. Author(s) agree(s) that ASCP in its sole discretion may include his/her name as a contributing author of the Works in conjunction with ASCP s use of the Works. check the box below. If the box is not checked, the Author(s) represent(s) that the Work is not a U.S. Work. U.S. Work. At least one author is a U.S. government employee, and the Work was prepared as part of his/her official duties as a government employee. Therefore, it cannot be copyrighted, but is freely available to ASCP for publication. Author(s) retain(s) no rights in the Work. If this box is checked, the assignment of rights in Section 1 does not apply. 2. Permitted Uses by Author.With the exception of certain educational materials, including (without limitation) examination questions and answers, Author(s) may reuse the Work or portions of it in accordance with ASCP s Rights and Permissions Policy. If a proposed use is not covered by the Rights and Permissions Policy, Author(s) may request permission to reuse portions of the Work. Such requests must be in writing, and permission from ASCP shall not be unreasonably withheld. 3. Warranty. The Author(s) warrant(s) that: (a) the Work is the original work of the Author(s) except for material in the public domain and such excerpts from other works as may be included with the written permission of the copyright owners; (b) the Work has not been previously published, submitted or accepted for publication elsewhere; (c) the Author(s) has/have contributed significantly to the Work, understand it and endorse it; (d) the Author(s) has/have no relationship, financial or otherwise, with any manufacturers or distributors of products evaluated in the Work or alternatively any such relationship has been disclosed to ASCP and in a footnote to the Work, or, the requirement is irrelevant to this Work; (e) to the best of Author s(s ) knowledge, the content of the Work does not plagiarize another work or violate any third party's copyrights, trademarks, patents, trade secret or other intellectual rights; and (f) he/she has the right to grant this Assignment and is authorized to sign this agreement on behalf of his/her employer (if identified below). 4. Confidentiality.Author(s) acknowledge(s) and agree(s) that he/she may receive or have access (and/or already received or was given access) to certain Confidential Information of ASCP.

5 Confidential Information means any information of ASCP that is, or could reasonably be, considered as proprietary or confidential, including (without limitation) unpublished texts or written materials, student information, examination questions, answers or related information, unpublished course, seminar or certification program information, research, ideas, methods, discoveries, developments, improvements, trade secrets, or data, whether in oral, written or electronic form. Author agrees to treat all Confidential Information as strictly confidential and that he/she shall not, either directly or indirectly, use or disclose any Confidential Information for the Author s(s ) benefit or to or for the benefit of any third party. All Confidential Information shall remain solely the property of ASCP. Confidential Information does not include any information that: (i) Author(s) can prove was known to him/her prior to the date of this Agreement without an obligation to keep it confidential and was not obtained as a result of its work with ASCP, (ii) Author(s) can prove was lawfully obtained from a third party without any obligation of confidentiality, (iii) is or becomes part of the public domain through no act or violation of any obligation of Author(s), or (iv) is required to be disclosed by court order or operation of law. 5. Indemnification. To the fullest extent permitted by law, Author shall defend, indemnify, and hold harmless ASCP, its affiliates, subsidiaries, employees, directors, officers, agents, successors and assigns(collectively ASCP Parties ) from and against all claims arising from or in any way related to any misrepresentation or breach of any representation, warranty, covenant or agreement contained herein, including any liability or expense, losses, damages (actual and consequential), suits, judgments, litigation costs and attorneys' fees. ASCP will provide prompt written notice of any such claims, but failure to provide such notice will not release Author(s) from any of his/her obligations pursuant to this Section except to the extent that Author(s) is/are actually prejudiced by such failure, and will not relieve Author(s) from any other liability that he/she may have to the ASCP Parties other than under this Section. 6. Further Assurances. Author(s) agree(s) to do such further acts and to execute and deliver such additional agreements and instruments from time to time as ASCP may at any time reasonably request in order to assure and confirm that the Work, or any portion thereof, is owned by ASCP, and that all rights therein have been transferred and assigned to ASCP.Author(s) appoint(s) ASCP as his/her attorney-in-fact to execute any documents the ASCP deems necessary to record any of these grants with the U.S. Copyright Office or elsewhere. 7. Miscellaneous. This Assignment may be amended or modified only in a writing executed by both parties. The waiver or failure of any party to exercise any rights under this Assignment shall not be deemed a waiver or other limitation of any other right or any future right. This Assignment shall inure to the benefit of, and shall be binding upon, the parties, their respective successors and permitted assigns. This Assignment may be executed in two (2) or more counterparts, each of which shall be an original and all of which taken together shall constitute one and the same agreement. Executed copies of this Assignment may be delivered by facsimile transmission, pdf/ or other comparable electronic means. If for any reason any provision of this Agreement shall be deemed by a court of competent jurisdiction to be legally invalid or unenforceable, the validity, legality and enforceability of the remainder of this Assignment shall not be affected and such provision shall be deemed modified to the minimum extent necessary to make such provision consistent with applicable law and, in its modified form, such provision shall then be enforceable and enforced. This Assignment, including any exhibits attached hereto, contains the entire agreement and understanding of the parties with respect to the subject matter hereof, and supersedes all prior agreements, negotiations, representations and proposals, written and oral, relating thereto. I acknowledge that this Assignment is a binding legal document and defines significant rights and obligations.i further acknowledge that I have carefully read and fully understand this Assignment.

6 Primary Author: Primary Author (sign above) Co-Authors:

7 If a U.S. Employee: Primary Author (sign above) Agency Agency Attach additional signature sheets for co-authors if necessary. Return to ASCP ATTN: Phil Rogers West Monroe Street, Suite 1600 Chicago, IL v6