License Agreement To Operate Concession (Long form - Comprehensive)
[Name], referred to as STORE, and Time is Money Software, referred to as LICENSEE, agree:
STORE grants to LICENSEE the exclusive right for a term of 12 months, to operate a software rack department for the sale, at retail, of computer programs, and other products which are customarily sold together with the licensed line of products. As to the related products, this right shall be non-exclusive.
The total retail space permitted is 9 square feet. In addition 0 square feet shall permitted for storage. Storage space shall not be air conditioned or heated. The space to be provided to Time is Money Software shall be located as shown the attached floor plan. The initial cost of refurbishment, and provision of fixtures shall be the sole responsibility of LICENSEE, and the plans and completed work shall be subject to the approval of STORE. However, STORE may from time to time in its sole discretion require that the licensed area be moved. In the event that a move is required by the STORE, the expense of moving shall be borne by the STORE.
As rent LICENSEE shall pay the sum of 50 percent of all sales. LICENSEE shall provide a daily report to STORE of sales made that are paid for within its department. STORE shall provide a daily accounting of sums collected for sales originating within the department. In the event that STORE accepts payment for items purchased within the licensed department, the STORE shall provide price tags encoded so that sales are credited to LICENSEE. The minimum rental shall be $ 500.00 ( five hundred & no/100 dollars) per year. Settlement shall occur on a monthly basis. In the event that the rental as calculated per month is not equal to 1/12 of the annual rental, STORE shall have the right to bill LICENSEE for any short fall.
The licensed department shall be open the same time as the store. Employees of the licensed department shall wear the same uniforms and name tags as employees of the STORE. Such uniforms, names tags and other personal items shall be provided by the STORE at its cost to LICENSEE. Employees of LICENSEE shall be subject to the same regulations as to dress and deportment as employees of STORE. The fact of this license shall not be made public, and the department shall be operated as if it was a a part of the STORE. LICENSEE shall be solely responsible for pay, fringe benefits and worker's compensation due to its employees. STORE may require that LICENSEE's employees attend training provided by it, and STORE shall bear the expense of the training, and LICENSEE shall pay its employees their regular wages for such training. STORE may in its discretion require LICENSEE to replace employees not meeting STORE's standards.
STORE shall be authorized to accept returns and to settle disputes with LICENSEE's customers with reasonable discretion, and in keeping with its standard policy of customer service. Any amounts paid in refund and any merchandise returned to STORE shall be deducted from amounts due by the STORE to the LICENSEE and returned to LICENSEE, respectively.
In the event that bank credit cards are accepted by STORE for sales made in LICENSEE's department, STORE shall remit the net amount of the sale, less the customary merchant discount. If STORE provides its own credit card:
STORE shall pay for all sales of merchandise from LICENSEE's department sales which are made on its card in full;
If STORE provides its own credit card, LICENSEE shall be provided with facilities for the acceptance of the same, and provided that STORE approves a charge transaction, STORE shall pay the same to LICENSEE at par.
If STORE accepts checks, it may accept checks for sales from LICENSEE's department under the same terms and conditions as it accepts checks from its own customers. All sums in checks shall be initially credited to...
(Excerpt)
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