ситуация: я делаю продукт, работая удаленно для компании или частного лица, находящегося за рубежом
как максимального эффективно защитить себя от исков, связанных с нарушением copyright и перенести всю тяжесть потенциальных проблем того лица, для которого выполняется работа
в договоре будет указано следующее
Indemnification.
Company agrees to indemnify and hold Developer harmless from all claims, losses, expenses,
fees including attorney fees, costs, and judgments that may be asserted against Company that
result from the acts or omissions of Developer and Developer's agents.
The provisions of this section shall survive the termination or expiration of this Agreement.
Work for Hire
Developer acknowledges and agrees that all Services performed and all results
thereof, including all Deliverables and other materials created in the course of
Developer’s engagement (the “Work”), are works made for hire (as such term is defined
in the United States Copyright Law) and all rights therein are the sole and exclusive
property of Company, including the worldwide right to own and register all copyrights
therein in Company's name. In the event that any Work is determined not to be a work
made for hire for any reason, Developer hereby irrevocably assigns all rights therein to
Company and agrees to execute such additional documents as may be requested by
Company to evidence Company's ownership thereof. In the event that any Work is not
copyrightable, Developer hereby irrevocably assigns any and all ownership rights therein
to Company. Developer also hereby assigns to Company and/or waives any and all
claims that Developer may now or hereafter have in any jurisdiction to so-called "moral
rights" or rights of "droit moral" in connection with the Work.
LIMITATION OF LIABILITY
EACH PARTY'S TOTAL LIABILITY UNDER THIS AGREEMENT IS LIMITED TO THE
VALUE OF SERVICES RENDERED.
ALL PAYMENTS MADE BY COMPANY TO DEVELOPER ARE NONREFUNDABLE.
IN NO EVENT SHALL EITHER PARTY BE LIABLE TO THE OTHER, WHETHER IN
CONTRACT OR IN TORT OR UNDER ANY OTHER LEGAL OR EQUITABLE THEORY
(INCLUDING STRICT LIABILITY) FOR ANY INDIRECT, INCIDENTAL, EXEMPLARY,
PUNITIVE, SPECIAL OR CONSEQUENTIAL DAMAGES, INCLUDING LOSS OF
PROFITS, REVENUE, DATA OR USE OR FOR INTERRUPTED COMMUNICATIONS,
INCURRED BY EITHER PARTY IN CONNECTION WITH THIS AGREEMENT, EVEN IF
THE OTHER PARTY OR ANY OTHER PERSON HAS BEEN ADVISED OF THE
POSSIBILITY OF SUCH DAMAGES.
