You Retain All Your Copyrights

Last updated on April 1, 2016

Although you grant to SavoirSoft the digital distribution rights to an individual Author's Work, you retain in full the exclusive right to sell or license your Author's Work for publication in whole or in part, in English or in any foreign language, in any way, shape, edition, or form not in conflict with the rights you granted to SavoirSoft including any and all other subsidiary rights for television, film, stage, radio, etc.  The purpose of SavoirSoft's Author's License is to:

  • Support government laws and regulations;
  • Minimize risks and provide equal opportunity to all SavoirSoft members;
  • Protect all SavoirSoft members' intellectual property rights;
  • Provide an enjoyable collaboration, authoring/publishing, and buying experience; and
  • Support the values of the SavoirSoft member community.

You warrant and represent UNDER PENALTY OF PERJURY: (i) that your Author's Work is original with you; (ii) you are the sole author, proprietor, or owner of your Author's Work with full power and right to enter into this License, and to grant the rights hereby conveyed to SavoirSoft; (iii) that your Author's Work contains no matter which is libellous or defamatory and infringes no right of intellectual property, privacy, or copyright; (iv) your Author's Work is free of any digital rights management, including any software designed to limit the number of times Author's Work may be copied or played; (v) you have not heretofore and will not hereafter during the term of this License enter into any agreement or understanding which would conflict with the rights herein granted to SavoirSoft.

If you breach any warranties, SavoirSoft shall be entitled to injunctive relief in addition to all other remedies which may be available.  All warranties and indemnification made by you shall survive termination of your Author's License.

Author's Agreement & License

BY REGISTERING WITH SAVOIRSOFT, BY COMPLETING THIS LICENSE, AND BY PUBLISHING YOUR AURTHOR'S WORK TO THE SITE AS A SAVOIRAUTHOR™, YOU ACKNOWLEDGE THAT YOUR ELECTRONIC SUBMISSIONS CONSTITUTE YOUR AGREEMENT AND INTENT TO BE BOUND BY ALL THE TERMS AND CONDITIONS OF THIS LICENSE. DO NOT REGISTER AS A SAVOIRAUTHOR™, COMPLETE THIS AUTHOR'S LICENSE, AND PUBLISH YOUR AUTHOR'S WORK TO THE SITE IF YOU DO NOT AGREE WITH THE TERMS AND CONDITIONS OF THIS LICENSE.

SavoirSoft enables Members to electronically upload and post (collectively referred herein as, "publish") works of their knowledge, expertise, and creativity ("Author's Work") to SavoirSoft's website and/or co-branded websites which SavoirSoft may operate or host (collectively referred herein as "Site"), and license such Author's Works to SavoirSoft User(s) ("User(s)" or "Licensee(s)").

An Author's Work can include, but is not limited to: monographs, fictional and non-fictional works, curricula and instructional materials, poems, screen plays, computer code and programs scripts, musical scores, pictures, manuscripts, drawings and illustrations, designs, blueprints, technical schematics and diagrams, formulas, recipes, equations, processes, procedures, methodologies, lexicons, etc.

Users acquiring licenses to Author's Works pay a licensing fee, which is determined by you, and provide SavoirGuerdon™ (tips) in the form of SavoirTokens™ of Appreciations ("Tokens"), set by SavoirSoft, as legal consideration for downloading your Author's Work.  Users also must review and accept the End User Licensing Agreement ("EULA") for your Author's Work before they are permitted to purchase the license and download the work.  As the publisher of your Author's Work, you select the EULA that governs the terms of use for each of your Author's Works published to the Site from SavoirSoft's library of End User Licensing Agreements.

Users have an opportunity to review the EULA, licensing fee, and Token requirement prior to acquiring the license to an Author's Work.  SavoirSoft's Fee and Payment Policy Schedule outlines the EULA and Token requirements used to obtain a license to Authors' Works.

To promote a safe, fair and enjoyable publishing experience, SavoirSoft has established this set of licensing terms and conditions, and rules and policies for publishing Author's Work.  These terms and restrictions involve how such works are described, and practices that would provide an unfair advantage or result in negative buying and publishing experiences.  Members electing to publish their Author's Work (herein referred to as "SavoirAuthor(s)™" or "Author(s)") to the Site, and offer the same for license to SavoirSoft Users, are responsible for reviewing, understanding, and agreeing to SavoirSoft's policies, this Author License, all applicable laws and regulations, and the terms as outlined in the SavoirSoft Member Agreement prior to publishing such work to the Site.  SavoirSoft's policies, member agreement, and this Author License provide the rules, guidelines, and policies for all SavoirSoft Authors.  Learning about SavoirSoft's Author License terms and conditions and publishing policies before you publish an Author's Work will help you to avoid unintentionally breaking rules.

This Author License ("License"), including Legal Notices, contains the entire terms and conditions that apply to your use of SavoirSoft's Author Publication Services as described at SavoirSoft's Author Services Page, and SavoirSoft's website.  Violations of this License and these policies may result in a range of actions, including, but not limited to:

  • Removing the Author's Work from the Site;
  • Limiting Author's membership account privileges;
  • Losing Author's membership account status;
  • Suspending SavoirSoft member's account, and;
  • Forfeiting royalties on Author's Work.

1. Rights of Rejection and Digital File Type Acceptance

SavoirSoft reserves the right to determine what constitutes the appropriate digital format and content of an Author's Work for the Site, and may, in our sole discretion, reject your Author's Work, upon or after publication, if we believe that Author's Work is inappropriate for the Site.

SavoirSoft requires specific digital file types and we limit the file types accepted for electronically publishing Author's Work to the Site.  Accepted digital file types may include any type whether now-known or here after developed.  You have an opportunity to review our accepted digital file type requirements when you use our publication service prior to uploading your Author's Work.  Uploading Author's Work in a digital file type not accepted by us will result in such work being rejected.

2. Grants, Terms and Renewal

You hereby grant SavoirSoft a transferable right to license and distribute your Author's Work throughout the world in any digital file type and digital output (collectively referred herein as "electronic formats") of its choosing (digital output includes disk, electronic download, CD, DVD, or any other digital output whether now-known or hereafter developed) for a term of one (1) year from the date your Author's Work is published on the Site.  Such term shall be automatically renewed for additional periods of one (1) year each unless terminated by written notice by either party no earlier than 30 days prior to the end of the initial term or no later than 30 days prior to the end of any renewal term.  SavoirSoft undertakes to distribute the Author's Work in those electronic formats, both encrypted and unencrypted, deemed by us to be appropriate and suitable at the time of publication, and at our discretion, to distribute in new electronic formats as and when they are introduced.  SavoirSoft further undertakes not to distribute Author's Work as part of a compilation product, except with your prior written agreement.  You also grant SavoirSoft and its affiliates and sub-licensees the right to use the Member Name ("SavoirName") that you submit with your Author's Work for purposes of attribution.

3. Your Subsidiary Rights

You shall retain in full the exclusive right to sell or license Author's Work for publication in whole or in part, in English or in any foreign language, in any way, shape, edition, or form not in conflict with the rights granted to us under this License.  All and any other subsidiary rights including television, film, stage, radio, etc., shall remain with you.  Should you so desire and upon mutual agreement between SavoirSoft and you regarding the splitting of the proceeds between us, and regarding the extent of our authority in any subsidiary rights matter, we may elect to act as your agent in any such matter.  However, the legal rights to make agreements for subsidiary rights, licensing, or sale shall remain with you.  Should you at any time during the term of this License secure an agreement with a publisher who requires the electronic rights, then we shall be willing to negotiate fair recompense from the publisher for the termination of this License, the withdrawal of the Author's Work from the Site, and the transfer of the electronic rights to that publisher.

4. Representations and Warranties

You warrant and represent UNDER PENALTY OF PERJURY: (i) that Author's Work is original with you; (ii) you are the sole author, proprietor, or owner of Author's Work with full power and right to enter into this License, and to grant the rights hereby conveyed to SavoirSoft; (iii) that said Author's Work contains no matter which is libelous or defamatory and infringes no right of intellectual property, privacy, or copyright; (iv) your Author's Work is free of any digital rights management, including any software designed to limit the number of times Author's Work may be copied or played; (v) you have not heretofore and will not hereafter during the term of this License enter into any agreement or understanding which would conflict with the rights herein granted to SavoirSoft.

Further, you understand in addition to complying with intellectual property regulations, SavoirSoft complies with the Digital Millennium Copyright Act ("DMCA"), 17 U.S.C. § 512, including but not limited to its take-down and counter-notification provisions.  Written permission from previous rights owners may be required.  If Author's Work includes quotations or illustrations in which the copyright does not belong to you, then you shall obtain written permission for its use from the owners and shall pay any fees or costs involved, and on request you will send to us copies of the permissions obtained and proof of copyright fees paid by you.

5. Indemnifications

If you breach this warranty, we shall be entitled to injunctive relief in addition to all other remedies which may be available.  You further agree that our officers, directors, employees, agents, contractors, service providers, publishers, members, sponsors, licensors, or any other party involved in creating, producing or delivering the Services, technology, or content available on the Site are held harmless from and against any losses, lost profits, damages, liabilities, judgments, awards, decrees, settlements, or expenses (including without limitation, reasonable attorney's fees and court costs) arising from , connected with, or by reason of any breach or alleged breach of any of the representations and warranties set forth above, but you will not be liable for any matter inserted in your Author's Work by SavoirSoft.  All warranties and indemnification made by you herein shall survive termination of this agreement.

6. Editing Rights

Changes, additions, deletions, abridgements, or condensations in the text of your Author's Work ("edit" or "editing") may only be made by you.  Minor typographic errors may be corrected by us without your consent.  If you edit your previously published Author's Work - Author's Works with an identical title and listing format - you create an additional version, and such works are referred to as "new editions."  New editions of your Author's Works published on the Site are subject to the then current Author License when your new edition is published.

Uploading and posting ("publishing") a previously published Author's Work with a different title is considered Publication Spamming, and is not permitted, and may result in a range of actions, including, but not limited to:

  • Removing the Author's Work from the Site;
  • Limiting Author's membership account privileges;
  • Losing Author's membership account status;
  • Suspending SavoirSoft member's account, and;
  • Forfeiting royalties on Author's Work.

7. Unique Identifier and Version Listing

Publishing your Author's Work to the Site results in a unique document identifier ("publication ID") and a non-unique version control number ("version") being generated and assigned to such work by us.  If you create a new edition, such Author's Work obtains a new version control number but retains its original publication ID.

All Author's Work including the original publication and any new editions will appear in SavoirSoft Users' search, browse, or shopping results.  All such works are available for license by Users unless specific versions are terminated by written notice by us at least 30 days prior to the end of the initial term or any renewal term.  If you publish new editions, you may request the older version(s) of the Author's Work be delisted by us.  SavoirSoft will review such requests, but we reserve the right, at our sole discretion, to delist or not to delist any version of Author's Works from the Site.  The Publication Listing Procedures on SavoirSoft's Author Services Page describe the process you must use to delist Author's Work.

8. End User License Agreement

Distribution of your Author's Work is governed by an End User License Agreement ("EULA") that Users must accept prior to acquiring and downloading your Author's Work.  SavoirSoft provides a number of predefined EULA's that you select for your work.  You are responsible for reviewing, understanding, and selecting EULA(s) for each of your Author's Works and to any of their new editions when they are published to the Site.  The EULA(s) you select becomes part of your Author's Work, and it is the means by which your intellectual property rights, copyrights, and the use rights of your Author's Work are enforced and controlled by you and by SavoirSoft.

9. Pricing Your Author's Work

You determine and set the maximum price for your Author's Work, which must be quoted in U.S. Dollars, when you publish your Author's Work or new editions of Author's Work on the Site.  CHANGING THE MAXIMUM PRICE YOU SET AFTER AN AUTHOR'S WORK OR NEW EDITION IS PUBLISHED IS NOT PERMITTED.  You may charge Buyers pricing premiums or offer Buyers pricing discounts on your Author's Work for a period of no less than 72 hours.  The Publication Listing Procedures on SavoirSoft's Author Services Page describe the process you must use to charge premiums or to offer discounts on your Author's Work.

Regardless of pricing discounts you set for your Author's Work, SavoirSoft always establishes a minimum price for your Author's Work in U.S. Dollars which is determined by adding SavoirSoft's Minimum Publication Fee to the estimate of Other Charges that may be incurred on your Author's Work.

10. Publication & Selling Policies

a) You may not use techniques to avoid or circumvent Publication Fees and End User License Agreements, which may include but are not limited to:

  • Offering catalogs or other opportunities through SavoirSoft from which Buyers may directly order Author's Work outside of SavoirSoft;
  • Listing a single Author's Work but offer additional works, services, merchandise, or publications for sale in a work's description or abstract;
  • Including separate payment surcharges that Licensees pay to use ordinary forms of payment;
  • Requiring separate licensing terms that Licensees must accept in lieu of or in addition to those contained in SavoirSoft's End User License Agreements;
  • Using your SavoirSoft Public Profile Page to promote outside-of-SavoirSoft sales without a currently executed SavoirSoft Patron Contributor's Agreement.

b) You may not interfere with licensing activities or misrepresent your Author's Works.  You are not permitted to engage in any publishing activity for the purpose of inappropriately gaining attention or diverting Users to your specific Author's Works ("publications").  This includes any activity that harms the browsing, searching, shopping, and licensing experience by making it difficult for SavoirSoft Users to find publications they are looking for.  Ultimately, it is your responsibility to ensure that your Author's Works accurately reflect the work being licensed, while not using any unfair methods to divert Users to your publications.  This includes, but is not limited to, an Author's Work's title, subtitle, abstract, specific descriptions, pictures, links, and meta-tags.  Activities that are not permitted include:

  • Creating titles, subtitles, or abstracts that do not accurately describe your publications for sale and license, or that includes information that could mislead Users as to what is actually for sale and license. (Misleading Titles)
  • Listing publications in SavoirGenres™ or SavoirRepertoires™ ("Categories") that are not representative of the works being licensed or listing publications outside of appropriate Categories.  (Misrepresentation & Categorization)
  • Assigning different titles or subtitles to the same Author's Work, or listing the same publication in multiple SavoirRepertoires™ and publishing such duplicate works on the Site.  (Publication Spamming)
  • Including any information that does not describe or is not directly relevant to the Author's Work being licensed or is intended to misrepresent the publication.   (Keyword Spamming)
  • Using brand, product or trade names, or celebrity names inappropriately throughout a publication listing, such as comparing an item to another brand named item's style or calling out an indirect relationship between the publication and a celebrity. (Brand and Trade Name Misuse)
  • Any other activity that SavoirSoft deems as inappropriately diverting Users to an Author's publication listings or harming the search, browse, shopping, and finding experience for Users.

c) You must promote and provide a fair, enjoyable, and safe licensing experience.  You are not permitted to engage in any selling and licensing activities that distracts from the Site's fair and level marketplace, and enjoyable and safe licensing and using experience.  This includes any activity that harms SavoirSoft Users' experience by making it difficult for Users to locate and license publications they are looking for.  Ultimately, it is your responsibility to ensure that you are correctly using SavoirSoft's publishing procedures and accurately adhering to SavoirSoft's marketplace policies.  Activities that are not permitted include:

  • Offers by either Users or you to interfere with a transaction and license, sell, or buy any Author's Work and publications outside of the SavoirSoft Site.
  • Soliciting Users to mail cash or use other payment methods not specifically permitted by SavoirSoft as accepted payment methods.
  • Communicating to Users that you will not accept specific forms of SavoirSoft's Tokens of Appreciation and Merits of Admiration.
  • Communicating to Users that you will not accept specific terms and conditions in SavoirSoft's End User License Agreements ("EULA's").
  • Including links in Author's Work or publication listings that do not conform to SavoirSoft's Links Policy.  Specific types of links that are limited include links to further descriptions, email address, photos, URL's outside of SavoirSoft, and listing terms and conditions.
  • Using certain types of HTML & JavaScript in your work or publication listings.
  • Advertising within an Author's Work or publication listing promotions, giveaways, random drawings, raffles, prizes or bonuses.
  • Posting an Author's Work that contains no knowledge, expertise, or creative talent.
  • Advertising a desire to buy or trade services, other publications, or merchandise not permitted by SavoirSoft.
  • Including third-party endorsements of SavoirSoft Members.
  • Using profanity or pornography in an Author's Work or publication, or in their listings, titles, subtitles, or abstracts.

d) You may not mislead or discourage payment or state in your publication listings that you accept payment methods not authorized or permitted for use on the Site to SavoirSoft Users or discourage Users from using SavoirSoft's payment methods.  This means that you must always accept payment from Users through the payment methods that are provided by the Site, and must not act in any way to discourage Users from paying by these methods.  You may not solicit:

  • Users to mail cash or to send cash or money orders through instant cash transfer services (non-bank, point-to-point cash transfers) such as Western Union or MoneyGram;
  • Payment through "topping off" of a pre-paid credit or debit card;
  • Payment through online methods not specifically permitted in this License.

Violations of these policies may result in a range of actions, including, but not limited to:

  • Removing the Author's Work from the Site;
  • Limiting Author's membership account privileges;
  • Losing Author's membership account status;
  • Suspending SavoirSoft member's account, and;
  • Forfeiting royalties on Author's Work.

11. Infringement & Agent for Notification of Claimed Infringement

Pursuant to the Digital Millennium Copyright Act, 17 U.S.C. § 512, SavoirSoft has designated an agent to receive notices of claimed copyright infringement.  If you believe Author's Work has been used on the Site in a manner that constitutes copyright infringement, please notify our designated SavoirSoft agent at: legalbeagles@savoirsoft.com, or follow the claim notification procedures set forth in our Legal Notices.

If during the existence of this License, the copyright your Author's Work be infringed, SavoirSoft may, at its own expense, take such legal action, in your name if necessary, as may be required to restrain such infringement or to seek damages.  We shall not be liable to you for our failure to take such legal steps.  If we do not bring such an action, you may do so, in your name at your own expense.  Money damages recovered for an infringement shall be applied first toward the repayment of the expense of bringing and maintaining the action, and thereafter the balance shall belong to you, provided, however, that any money damages recovered on account of a loss of SavoirSoft's profits shall be divided equally between you and SavoirSoft.

12. Bankruptcy and Insolvency

If a petition in bankruptcy shall be filed by or against SavoirSoft, or if we shall be judged insolvent by any court, or if a Trustee or a Receiver of any property of SavoirSoft shall be appointed in any suit or proceeding by or against us, or if we shall make an assignment for the benefit of creditors or shall take the benefit of any bankruptcy or insolvency Act, or if we shall liquidate our business for any cause whatsoever, this License shall terminate automatically without notice, and such termination shall be effective as of date of the filing of such petition, adjudication, appointment, assignment, or declaration or commencement of reorganization or liquidation proceedings, and all rights granted hereunder shall thereupon revert to you.

13. Inheritance

This License shall be binding upon and inure to the benefit of the heirs, executors, administrators and assigns of you, and upon and to the successors and assigns of SavoirSoft.

14. Royalties for Author's Work

14a. Royalty Credits -- As your Author's Work is licensed, SavoirSoft will process and collect payments from Licensees.  We will calculate and credit royalties to your SavoirSoft membership account from net payments collected ("Net Collections") of your Author's Work from the previous calendar month.  Royalties are calculated and credited upon receipt of payments less bank and credit-card processing fees and returned payments, our Publication Fees, Other Charges, and Regulatory Taxes.  No advance Royalty Credits or payments will be made by SavoirSoft to you.  Unless otherwise stated, all Royalty Credits to your membership account are made in U.S. Dollars.

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