We receive numerous requests from authors and book and magazine publishers to include Alchemy Mindworks' evaluation software with their publications and CD-ROM products. This is a good arrangement for everyone involved — your books will enjoy an added selling feature, our software will get more exposure and your readers will have lots of toys to play with without having to download them.
Sadly, the world is full of lawyers and ours have recommended that we require a signed publication agreement from publishers who wish to use our evaluation software in this way. While it does not demand blood sacrifices or the dispensation of significant amounts of cash — or, in fact, any cash at all — this agreement does specify what both parties will be doing in the sorts of specific, unambiguous terms that lawyers seem to like.
To obtain permission to use Alchemy Mindworks evaluation software with your publication, you must:
- Click here to download the publication agreement. This is a PDF document. You will need the Adobe Acrobat Reader to view and print it.
- Obtain an agreement registration code for your book from Alchemy Mindworks and enter it in the appropriate field of the publication agreement. To request an agreement registration code, send us some e-mail at our General Inquiries mailbox stating the name of the book, the name of the author of the book, the name of the publisher and a few words about its content. Be sure to include your registration name and codes for the applications in question. We can usually turn these around in a few hours unless you happen to e-mail us at four in the morning.
- Read and sign the publication agreement and FAX it back to the number listed therein. As stated in the publication agreement, as soon as you've done this, you have our permission to use our software with your publication under the terms of the agreement.
Please note the following about the publication agreement, and the use of our evaluation software in publications in general.
- The publication agreement is only valid if it's returned to us unmodified. If you can't agree to the terms of the publication agreement, don't sign it.
- We do not have the resources to review and sign individual publishers' waivers and agreements.
- The use of our evaluation software with books and CD-ROMs is a cooperative undertaking — we have as much right to expect to benefit from it as you do. If you intend to include our applications with vast amounts of other evaluation software — on what's known as a "shovelware" disc — or if you intend to recommend alternative applications to ours editorially, please tell us so in advance. Having our stuff in a book that says, in effect, that the authors preferred something else but included our applications on the disc to fill space isn't much of an endorsement. Publishers who disregard our priorities won't be given permission to use our evaluation software in the future.
- If you intend to include editorial content in your book or CD-ROM which describes our evaluation software in a negative manner, or which compares it unfavourably to other software, we ask that you say so at such time as you request permission to include our evaluation software with your publication. We will not deny you permission to use our software under these circumstances unless we feel that your description of our products is in error — we do like to know about these in advance.
- We are happy to answer any questions you have about the agreement — please send us some e-mail or call us at 1-705-789-5238 between 10:00am and 5:00pm.
Unless you have a really compelling argument to the contrary, however, we are not prepared to make changes to the
publication agreement. This includes the much-maligned clause four, which, as much as it distresses some publishers,
constitutes the only teeth in the agreement.
Here are a few of the more important criteria we apply to requests to include our software on CD-ROM products, that is, CD-ROMs which are sold as stand-alone items, rather than as an adjunct to a book:
- We will not grant permission for our software to be included on CD-ROMs of "adult" images. Don't ask. While we have nothing against grown-ups looking at whatever they like, we have been advised that the copyright issues which often surround these products are a first-class reason to have nothing to do with them.
- We will not grant permission for our evaluation software to be included on commercial CD-ROM products wherein it is an integral part of the product. For example, you can't include a evaluation software copy of Graphic Workshop on a collection of images such that the use of the Graphic Workshop evaluation software is required to view the images. People who pay for such CD-ROMs assume they're buying everything in the package, and are unlikely to register our evaluation software. Actually, they're very likely to scream at you for selling them a product that appears to be nagging them for more money. Please contact us for information about bundling our software with your CD-ROM.
- We're happy to grant permission to include our evaluation software with ISP install disks.
- You don't need to ask permission to include our evaluation software on CD-ROMs which are exclusively evaluation software collections. See the evaluation software document installed with any of our applications for more about this.
- We will not grant permission for our evaluation software to be included on CD-ROMs which are to be bundled with third-party commercial products. For example, you can't include our evaluation software on a CD-ROM which will be distributed with a scanner or a word processor.
- We will not grant permission for our evaluation software to be included in courseware or other educational materials unless the courses or other academic activities for which our evaluation software will be used are offered entirely without charge. Students who pay for a course and are given evaluation software with which to complete it are about as likely to register the evaluation software in question as are most species of trees. Please contact us for site license prices for our software.
The agreement you sign will pertain to a specific book or CD-ROM and edition thereof.
We would like to see our software in as many books and CD-ROMs as possible, subject only to conditions that make it likely that a reasonable number of your readers will be motivated to register it. We will not decline your request to include it unless there's a really compelling reason to do so — the publishers of do-it-yourself bomb books need not apply, all others are welcome.
The lawyers made us do it... honest.