Article Post

This Digital Assets Agreement by and between [FullName] residing in [Location] (hereinafter [DateCreated]) and Thou Curator residing at 4849 NW Rochester Rd. Topeka, KS USA (hereinafter November 24, 2004), is entered into a contract for Digital Assets created while a member of Thou Curator (hereinafter "Purpose").

1. Introduction
The Digital Assets described in this agreement will be deposited in the Digital Library of Thou Curator for archiving and/or distribution for non-commercial and commercial purposes, including but not limited to teaching, research, game assets, and Thou Curator projects.

2. Definitions
“Agreement” – this document, including all of its terms and conditions and any completed Digital Assets Submission Inventory
“Non-Commercial and Commercial Purpose” - use for purposes that may or may not generate a profit, either directly or indirectly
“Digital Assets” – a collection of computer files that contain digital content (images, texts, sounds, video, models, programming source code) and/or data descriptive of the content and its digital format.
“Digital Assets Submission Inventory” – the document that specifies submission of content and which, along with this document and its terms and conditions, constitutes the Agreement “Federate” – to virtually bring together Digital Assets for access and/or preservation purposes in such a way as to allow transparent searching as if they were a single database for presentation purposes
“Non-Commercial and Commercial Purposes” - use for purposes that may or may not generate a profit, either directly or Indirectly
“Depositor” – person/s responsible for creating and uploading Digital Assets to the Thou Curator website.
“Thou Curator Digital Library” – computer database or file system that holds all digital assets for Thou Curator.

3. License
3.1 The Depositor grants Thou Curator and its agents, operating on behalf of Thou Curator, an exclusive, perpetual, moral rights to use the Digital Assets for Non-Commercial and Commercial Purposes. Such right shall include, but not be limited to, the right to:
3.1 .1 electronically view, present, and display to others the Digital Assets, including providing access via the web, game applications, and, display in classrooms and other public venues as permitted by the rights indicated in the Digital Assets Submission Inventory;
3.1.2 Federate and incorporate the Digital Assets into databases containing other Digital Assets;
3.1.3 Augment or create metadata to enhance service capacity;
3.1.4 Electronically store, archive, copy and/or convert the Digital Assets for preservation purposes;
3.2 Redistribution: The Depositor grants the Thou Curator and its agents, operating on behalf of Thou Curator, all the rights listed in section 3.1, as well as the right to provide copies of the Digital Assets to external recipients without notification that the recipients may also enjoy all the rights listed in section 3.1.
3.3 The Depositor grants Thou Curator Digital Library and its agents, operating on behalf of Thou Curator, an exclusive, perpetual, moral right to electronically store, archive, and copy or converts the Digital Assets for preservation purposes only.

4. Depositor's obligations
4.1 The Depositor hereby warrants that:
4.1.1 The copyright information provided in the Digital Assets Submission Inventory is complete, correct and up-to-date;
4.2 The Depositor shall indemnify, defend, and hold harmless Thou Curator its officers, employees, and agents for any damages, including any reasonable attorney's fees, that arise from any breach of warranty or for any claim by any third party of an alleged infringement of copyright or other intellectual property rights arising from the Depositor's submission of Digital Assets with THOU CURATOR or of the use by the Thou Curator or other users of the Digital Assets. THIS INDEMNITY SHALL SURVIVE THE TERMINATION OF THIS AGREEMENT.


5. Thou Curator Digital Library's obligations and rights
5.1 THOU CURATOR shall:
5.1.1 Make reasonable efforts to manage the Digital Assets in perpetuity, developing them as appropriate to make them available for Non-Commercial and Commercial Purposes;
5.1.2 Not pay royalties to the Depositor or copyright owner for the acceptance and use of its Digital Assets for Non-Commercial and Commercial Purposes.
5.2 THOU CURATOR may assume custodial responsibility for previously accepted Digital Assets "orphaned" by the dissolution of the Depositor and not formally assigned to the custody of another agency.
5.3 Although due care will be made to preserve the physical integrity of the Digital Assets, THOU CURATOR shall incur no liability for the loss of or damage to deposited Digital Assets.
5.4 If for any reason the Depositor is subject to an Act of God (defined as a natural disaster, death, illness, accidents, etc.). Thou Curator reserve the right to use the Digital Assets in accordance with this Agreement or terminate this Agreement at its own discretion and time.

6. Depositor on Use, Reproduction Rights
6.1 Depositor may advertise or promote the Digital Asset.
6.2 Depositor is authorized by Thou Curator to sell their Digital Asset as long as this Agreement is upheld and its condition for Thou Curator to use the Digital Asset as it sees fit is not tampered or questionable by another contract or Agreement from a 3rd party company.

7. Unauthorized Use of Licensed Material
Depositor agrees to indemnify and hold Thou Curator (including its parent, affiliate and subsidiary companies and their respective directors, officers, employees and agents) harmless against any claim for damages, losses or any costs, including attorneys' fees, arising in any manner whatsoever from the unauthorized use of any Licensed Material or for Thou Curator's breach of any of the terms of this Agreement.

8. Right to Information
Depositor may at any time upon reasonable notice and during normal business hours inspect any records, accounts and books relating to the Reproduction of any of Licensed Material to ensure that the Licensed Material is being used in accordance with this Agreement.

9. Condition of Licensed Material
Thou Curator should examine all Licensed Material for possible defects (whether digital or otherwise) before sending any Licensed Material for Reproduction. Depositor shall not be liable for any loss or damage suffered by Thou Curator or any third party, whether directly or indirectly, arising from any alleged or actual defect in any Licensed Material or its caption or in any way from its Reproduction.