The technology development demonstration contract of the Ministry of Science and Technology is one of the rights protection methods used by modern people to protect their own interests. As long as one party violates the contract, the other party can bring legal proceedings, so we must read it clearly when signing the contract. The following is a model technology development contract of the Ministry of Science and Technology for reference only!
Technology Development Contract of Ministry of Science and Technology 1
Project name: _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _
(Party A) Entrusting Party: _ _ _ _ _ _ _ _ _ _ _ _
(Party B) Developer: _ _ _ _ _ _ _ _
Validity period: from _ _ _ to _ _ _.
According to the provisions of the Contract Law of People's Republic of China (PRC), both parties to the contract have reached an agreement on _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _.
1, content, form and requirements of target technology:
2. Technical indicators and parameters to be achieved:
3. R&D plan:
4, research and development funds, remuneration and payment or settlement:
(1) R&D funds refer to the expenses needed to complete this R&D work; Remuneration refers to the use fee of the development results of this project and the scientific research subsidy of R&D personnel;
R&D expenses and remuneration of this project: _ _ _ _ _ _ _
In which: Party A provides RMB.
If the development results are reported and sold, both parties agree as follows:
(two) the payment method and time limit of funds and remuneration (using the following _ _ _ _ method):
① One-time payment: _ _ _ Yuan, time: _ _ _ _
② Installment payment: _ _ _ _ _ _ Yuan, time: _ _ _ _ _ _ _
③ According to the profit: _ _ _ _ _ yuan, time: _ _ _ _ _ _ _
(4) Commission on sales: _ _ _ _ _%, duration: _ _ _ _ _ _ _
⑤ Other methods: _ _ _ _ _% commission, term: _ _ _ _ _
5, the use of research and development funds to buy instruments, equipment, data ownership:
6. Time limit, place and method of performance:
This contract shall be performed on _ _ _ _ _ _ _ _.
Mode of performance of the contract: _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _
7. Confidentiality of technical information and data: _ _ _ _ _ _ _ _ _ _ _
8. Contents of technical cooperation and technical guidance: _ _ _ _ _ _ _
9. Risk liability:
During the performance of this contract, _ _ _ _ shall bear the risk responsibility for the losses caused by the partial or total failure of research and development due to technical difficulties that are insurmountable under the existing level and conditions. (1, Party B; 2. Both parties; 3. Both parties shall agree otherwise)
According to the agreement, Party A shall bear _ _ _% of the risk liability.
Party B shall bear _ _%.
The confirmation method of risk responsibility of this project is as follows:
10, ownership and sharing of technological achievements:
(1) patent application right:
(two) the right to use and transfer non-patented technological achievements:
1 1, acceptance criteria and methods:
The technical achievements after research and development have reached the technical indexes listed in Article 2 of this contract, and shall be accepted by _ _ _ method according to _ _ _ standard, and the technical project acceptance certificate shall be issued by _ _ _.
12. Calculation method of liquidated damages or damages:
In case of breach of this contract, the breaching party shall be liable for breach of contract in accordance with the provisions of the Contract Law.
(1) If Party A violates Article _ _ of this Contract, it shall be liable for breach of contract, and the method and amount of breach of contract are as follows:
(2) In case of violation of Article of this Contract, Party A shall be liable for breach of contract, with the following methods and amounts:
13, dispute settlement:
Any dispute arising from the performance of this contract shall be settled by both parties through consultation, or mediation may be requested.
If both parties are unwilling to negotiate or mediate, or if negotiation or mediation fails, both parties agree to adopt the following option.
(1) In case of any dispute arising from this contract, apply to the Arbitration Commission for arbitration;
(2) according to judicial procedures.
14. Interpretation of nouns and terms:
15. Others (including the rights and obligations of the intermediary, service fees and payment methods, down payment, mortgage of real estate, guarantee and other matters not covered in the above clauses):
Please pay attention to the following points when signing this contract:
(1) A technology development contract refers to a contract concluded between the parties for the research and development of new technologies, new products, new processes, new materials and their systems. Technology development contracts include entrusted development contracts and cooperative development contracts.
(2) the content and form of the target technology:
Including the technical and economic indicators that the development project should achieve, the development purpose, the scope of use and benefits, the way and quantity of results submission, etc.
Submitting development results can take the following forms:
(1) drawings, documents, reports and other technical documents such as product design, process specification and material formula;
② Disks, tapes and computer software;
③ New varieties of animals and plants and microbial strains;
④ Samples and prototypes;
⑤ Complete sets of technical equipment.
(3) R&D plan:
Including the progress of each party in implementing the development project, the technical problems to be solved in each stage, the goals to be achieved and the deadline for completion.
(4) Confidentiality of technical information and data:
Including the content and time limit of the confidentiality obligation of the parties' information and materials, and the responsibility for leaking technical secrets. Regardless of whether this contract is modified, dissolved or terminated, both parties can agree that this clause is valid.
(5) Others
If the contract is signed through an intermediary agency, the intermediary contract shall be an annex to this contract. If both parties agree on deposit, property mortgage and guarantee, the copies of deposit payment, property mortgage and guarantee procedures shall be attached to this contract.
(6) When signing this contract, the entrusted agent shall issue a certificate of entrustment.
Entrusting party: _ _ _ _ _ _ _ _ _ _ Entrusting party: _ _ _ _ _ _ _ _ _ _ _ _
Research and development personnel: _ _ _ _ _ _ Signature of person in charge: _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _
Date of signing: _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _
Technology Development Contract of Ministry of Science and Technology 2:
Technical service contract
Project name: _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _
Principal (Party A): _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _.
Trustee (Party B): _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _
Signing time: _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _
Signing place: _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _
Term of validity: _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _
Printed by the Ministry of Science and Technology of the People's Republic of China
Fill in and explain
1. This contract is a model text of technical consultation contract printed by the Ministry of Science and Technology of the People's Republic of China, and all technical contract registration agencies can recommend technical contract parties for reference.
2. This contract is applicable to the contract concluded by one party (the entrusted party) to provide the other party (the entrusting party) with feasibility demonstration, technical prediction, special technical investigation, analysis and evaluation report on a specific technical project.
Three. If there are multiple parties to a contract, they can be arranged as * * * with the entrusting party or * * with the entrusted party respectively under "entrusting party" and "entrusted party" (attached page) according to their respective roles in the contractual relationship.
Four. Matters not covered in this contract can be separately agreed by both parties in the attached page and become an integral part of this contract.
5. When using this contract, both parties agree that there is no need to fill in the terms, and the word "None" should be indicated in the terms.
Six, Sun Yat-sen University signed a technology contract, Sun Yat-sen University legal person (President) or its entrusted agent (social science department leaders) must review the contract and sign it.
Seven, the last page of the contract text "matters not covered" part, by the technical contract registration department to fill in and build official seal, as a certificate of technical contract registration.
Eight. The contract text shall be printed in the specified format, with A4 format (height 297mm, width 2 10mm) and installed vertically. The left side is the binding edge, and the font used in the text should be no less than No.5. The technical data related to the matters agreed in this contract in the original contract and its designated annexes should be compiled into a book, and its specifications and dimensions should be consistent with the contract.
Nine, after the contract is signed and sealed by both legal persons (entrusted agents), it is necessary to submit the original contract in six copies to the social science department, so that the social science department can register the contract and apply for tax reduction and exemption of scientific and technological income. If the person in charge of the project fails to fill in the contract matters or sign the project contract by himself according to the relevant requirements of this instruction, the legal issues involved in the project and the business tax, income tax and other expenses collected by the tax bureau shall be borne by the person in charge of the project.
Technical service contract
Entrusting party (Party A) : _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ : _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _.
Mailing address: _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _.
E-mail address: _ _ _ _ _ _ _ _ _ _ _ _ _ E-mail address: _ _ _ _ _ _ _ _ _ _ _ _ E-mail address
Technology Development Contract of Ministry of Science and Technology of Party A 3: _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _
Party B: _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _
Party A and Party B have reached the following agreement through friendly negotiation. Both parties declare that they have understood and recognized all the contents of this contract, and agree to assume their respective rights and obligations and faithfully perform this contract. Article 1 Contract Items
Party A develops _ _ _ _ _ _ _ _ _ _ _ _ _ _ sets of software (stand-alone version/network version) for Party B. Article 2 Software Price and Payment Method
1. Software price: the price of "_ _ _ _ _ _ _ _ _" software (stand-alone version/online version) developed by Party A to Party B is RMB _ _ _ _ _ _ _ _ _.
2. Payment method: Party B must pay _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ within _ _ _ _ days after the signing of this contract.
From the date of signing this contract, Party A will start software development. The development time is _ _ _ months. That is, it starts from _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _. The time limit may be extended or shortened by mutual agreement. Article 4 Software Acceptance Criteria
Party B's acceptance criteria for the software shall be based on the functional specifications of the annex to the contract jointly drawn up by both parties. Article 5 Duration and time of after-sales service
Party A shall train a certain number of software users for Party B free of charge.
Party A provides one-year software system maintenance service free of charge. Including data sorting, backup and so on. This time is one year from the date when the software is accepted by Party B. After the expiration of the free service, the service agreement will be signed.
If Party A updates the version of the software system within two years from the date of software acceptance, it will provide Party B with the system upgrade service free of charge. Upon expiration, Party A will provide the latest version of the system upgrade service for users in need at a unified fee.
Article 6 The computer hardware equipment and operating system for Party B to run the software shall be solved by Party B itself. Party A does not provide upgrade or maintenance for Party B's computer platform, nor does it assume any responsibility for Party B's other software copyrights. ..
Article 7 During the use of the software, if Party B needs to add other functions other than the annex (function design) of this contract, it shall pay the development fee to Party A separately; If it is the quality problem of the software itself, Party A will correct it for Party B free of charge.
Article 8 The software developed by Party A for Party B can only be used within the scope of Party B's unit specified in this contract. Party B shall properly keep the software products developed by Party A, respect all copyrights of Party A, and shall not reverse engineer, reverse compile, disassemble or rent the software products sold by Party A ... Otherwise, Party B is willing to bear all losses caused to Party A, and Party A reserves the right to pursue Party B's legal responsibilities.
Article 9 Others
1. Party A is only responsible for developing the software, and Party B uses the software to do other things, and the consequences shall be borne by Party B. ..
2. Except for force majeure or mutual agreement, this contract shall not be cancelled.
If there is any dispute between the two parties during the contract period, it should be settled through friendly negotiation. If negotiation fails, it can be submitted to Shenzhen Economic Arbitration Organization for arbitration.
Article 10 This contract is made in duplicate, with each party holding one copy.
Article 11 This contract shall come into force as of the date of signing.
Party A (seal): _ _ _ _ Party B (seal): _ _ _ _ _ _
Representative (signature): _ _ _ _ Representative (signature): _ _ _ _ _ _
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