TLJ Alert Subscription Form and Contract (individuals, Jan. 1, 2003)

Subscription Form and Contract
(for use by persons subscribing individually)

David Carney, Publisher of the Tech Law Journal Daily E-Mail Alert (TLJ Alert), and Subscriber enter into this one year subscription contract.

Name of subscriber: ___________________________________________

E-mail address: _______________________________________________

Phone: _____________________________________________________

Mailing address: ______________________________________________

___________________________________________________________

IT Contact (Optional). List the name, phone number and e-mail address of the person Publisher should contact if there is an e-mail delivery problem. This is preferably the person who manages Subscriber's e-mail system, or someone on the information technology (IT) staff:

Name: _____________________________ Phone: ________________

E-Mail: ____________________________________________

Price. The price for a single subscription is $250.00.

Refunds. If Publisher ceases publication of the TLJ Alert, Publisher will refund to Subscriber a prorated portion of the subscription payment. For example, if Subscriber pays $250.00, and six months into the subscription term Publisher goes out of business, Publisher will refund $125.00.

Mail this Subscription Form and Contract and a check, denominated in U.S. Dollars, to David Carney, P.O. Box 4851, Washington DC, 20008. Tech Law Journal is an unincorporated sole proprietorship owned by David Carney. For more information, contact David Carney 202-364-8882 or the following e-mail address"

Additional Terms and Conditions

1. TLJ Alert Is Not a Work Made for Hire. The TLJ Alert is not a work made for hire, within the meaning of 17 U.S.C. § 101, for Subscriber. Publisher agrees to send by e-mail a copy of every issue of the TLJ Alert to Subscriber for a term of one year. Subscriber agrees that it purchases a non-exclusive and non-transferable license for his or her personal and non-commercial use of the TLJ Alert. Publisher retains all other rights of authorship and proprietary rights in the TLJ Alert.

2. False Claims of Authorship Prohibited. Subscriber agrees that he or she will not claim authorship of, place his or her notice of copyright on, or register with the U.S. Copyright Office, any work, or any portion thereof, authored by Publisher; provided however that, Subscriber may quote from works authored by Publisher, for the purpose of criticism, comment, discussion, or scholarship, provided such use is with attribution at the location of the use, reproduces any copyright notice, and is within the scope of fair use as provided by 17 U.S.C. § 107.

3. Prohibited Uses of the TLJ Alert. Subscriber agrees that he or she will not --

sell, copy, publish, reproduce, distribute, forward, transmit, or broadcast, the TLJ Alert;
exploit, misappropriate, or create derivative works from, the TLJ Alert;
use any e-mail forwarding system, including any rule enabled by Microsoft Outlook or any e-mail messaging system, that automatically forwards the TLJ Alert to any e-mail address, or other destination, other than ones that are readily accessible only by Subscriber; or
publish, place, install, or post the TLJ Alert, or any portion thereof, in any web site, intranet, local area network, wide area network, peer to peer file sharing network, list server, online service, electronic bulletin board, other network, or other electronic storage system that is readily available to any person who is not Subscriber.

4. Injunctive Relief Available for Breach of Contract. Subscriber agrees that the TLJ Alert is highly proprietary in nature and that any false claim of authorship (within the meaning of Paragraph 2), prohibited use (within the meaning of Paragraph 3), or other breach of this Contract, may cause Publisher irreparable injury that cannot be adequately compensated for by monetary damages. Subscriber agrees that Publisher may enforce any breach of this Contract by means of equitable relief, including, but not limited to, a temporary restraining order, preliminary injunction, permanent injunction, or other declaratory or injunctive relief.

5. Non transferability. This Contract if non-transferable.

6. E-Mail Monitoring; Disclosure of Information to Third Parties. Subscriber stipulates and states that he or she has read the following: (1) Memorandum regarding "Disclosure of Information to Third Parties", dated January 1, 2003, by David Carney; and (2) Memorandum regarding "E-Mail Monitoring", dated January 1, 2003, by David Carney.

7. Choice of Law. This Contract, and any claims or disputes between Publisher and Subscriber, shall be governed, construed and interpreted solely by the laws of the District of Columbia.

8. Choice of Forum. Exclusive jurisdiction for any claim or dispute between Publisher and Subscriber shall lie in the District of Columbia.

9. Minimum Contacts. By subscribing to the TLJ Alert, which is researched, written, and published in the District of Columbia, Subscriber agrees and stipulates that Subscriber has such minimum contacts with the District of Columbia that the exercise of personal jurisdiction over Subscriber by the courts of the District of Columbia, or the U.S. District Court for the District of Columbia, would not offend traditional notions of fair play and substantial justice.

Signed this ___ day of _________, 2005 by

Subscriber:

___________________________

Signed this ___ day of _________, 2005 by

Publisher:

__________________________

David Carney, Publisher of the TLJ Alert

[end of Subscription Form and Contract]

If you do not like the above language, then suggest proposed revisions. They will be considered. Bear in mind that Publisher needs information to be able to effectively distribute the TLJ Alert; Publisher needs payment; and Publisher needs to be able to protect his rights of authorship and proprietary rights.