LICENSE AGREEMENT OFFER TO THE WORLD AT LARGE
The Herzen State Pedagogical University of Russia, hereinafter referred to as the “Licensee”, in accordance with Articles 435 and 437 of the Civil Code of the Russian Federation, hereby offers to any individual with the exclusive right to the Work, hereinafter referred to as the “Author”, to enter into this License Agreement (hereinafter the "Agreement").
1. GENERAL PROVISIONS
1.1. This Agreement is an offer (publichnaya oferta) made by the Licensee to the Author and contains the terms and conditions of the license agreement which grants the right to use the work specified in clause 2.1. of this Agreement under a simple (non-exclusive) license.
1.2. The offer shall be deemed to have been accepted in full upon performance by the Author of the actions specified in clause 4.1 of this Agreement.
1.3. The Author shall be deemed to have accepted the terms of this offer and shall acquire the rights and obligations under this offer upon acceptance of the offer.
1.4. The Author hereby confirms that he accepts the terms of the Agreement in full, without reservations or limitations.
2. SUBJECT MATTER
2.1. The Author hereby grants the Licensee the right to use the work created by the Author—the research article [insert title] with a length of ____ publication units (one publication unit = 40,000 printed characters, including spaces) including illustrations, appendices and references (hereinafter referred to as the “Work”), under the terms of a free of charge simple (non-exclusive) license, on the terms and for the period set forth in this Agreement.
2.2. The Author grants the Licensee the right to use the Work in the following ways:
2.2.1. to reproduce the Work, in whole or in part, in any media, including on paper or electronic media as a separate document and / or as a part of the “Integrative Physiology” (hereinafter referred to as the “Journal”) and / or in the databases of the Licensee and / or other persons, including in the Licensee's electronic libraries;
2.2.2. to share the copies of the Work, in whole or in part, including on paper or electronic media as a separate document and / or as a part of the Journal and / or in the databases of the Licensee and / or other persons;
2.2.3. to make the Work available to the public, in part or in whole, in such a way that members of the public may access it from a place and at a time that they see fit, including online;
2.2.4. to change the Work’s form for its use in software and databases, for publishing and distribution in electronic form and indexing by search engines as well as to make modifications to the Work which do not lead to creation of derivative works.
2.3. All rights specified in clause 2.2. of this Agreement are granted by the Author to the Licensee free of charge, without territorial restrictions, for the term of this Agreement upon its signature.
3. RIGHTS AND OBLIGATIONS OF THE PARTIES, WARRANTIES
3.1. The Licensee shall:
3.1.1. at his own expense, ensure scientific, literary and technical editing of the Work, illustrations processing, paper and / or electronic layout design;
3.1.2. not make any changes to the Work’s title and the designation of the Author’s name without the consent of the Author;
3.1.3. obtain prior consent of the Author to all editorial revisions to the Work or revisions suggested by reviewers of the Work.
3.2. The Author shall:
3.2.1. immediately notify the Licensee of the transfer of rights to the Work, including its electronic versions, to a third party;
3.2.2. approve revisions to the Work under clause 3.1.3 of this Agreement within three (3) calendar days from the receipt of the corresponding notice from the Licensee or give a reasoned refusal. Should the Author fail to reply within the indicated time period, the revisions shall be deemed approved by the Author.
3.3. The author warrants that:
3.3.1. he is the holder of the exclusive right to the Work and has the authority to sign this Agreement, the rights to reproduce and use the Work have not been transferred to a third party, no other person holds any rights to the Work, and granting the right to use the Work to the Licensee does not violate any rights or legitimate interests of third parties;
3.3.2. the Work contains all references to cited authors and / or publications (materials), as required by the law of the Russian Federation;
3.3.3. all necessary permissions to use copyrighted materials, facts and other materials used in the Work have been obtained by the Author;
3.3.4. the Work does not contain materials that are not subject to publication under the law of the Russian Federation, and publication and distribution of the Work does not disclose any secret (confidential) information.
3.4. The Licensee guarantees protection against distortion and unlawful modifications to the Work, and against recognition of the right of authorship.
3.5. The Licensee is entitled to:
3.5.1. transfer the rights to use the Work in the ways stipulated in this Agreement to third parties, including for using the Work in the databases of third parties, during the term of this Agreement;
3.5.2. unilaterally refuse to fulfil obligations under this Agreement in the following instances:
126.96.36.199. Author’s failure to submit the manuscript of the Work within the time period established by the Licensee for the revision of the Work after the receipt of the review and / or editing results for reasons attributable to the Author, or Author’s failure to fulfil other obligations under this Agreement;
188.8.131.52. violation of warranties specified in clause 3.3 of this Agreement.
4. CONCLUSION, AMENDMENTS AND TERMINATION
4.1. This Agreement shall enter into force, i.e. shall be deemed accepted in full without limitations, upon submission of the Work via personal account at the website physcomsys.ru or via an email sent to the Licensee at the address email@example.com.
4.2. Any changes or additions to the Agreement shall be made by an Addendum signed by both Parties.
4.3. This Agreement may be terminated in the following cases:
4.3.1. by mutual agreement of the Parties at any time before the Work’s publication date in the Journal;
4.3.2. by the Licensee in cases provided for under this Agreement and by the law of the Russian Federation;
4.3.3. on other grounds provided for by the law of the Russian Federation.
5. DISPUTE SETTLEMENT. LIABILITY
5.1. The Parties shall be liable for failure to perform or improper performance of their obligations under this Agreement as provided by the law of the Russian Federation.
5.2. In the event any claims are made against the Licensee concerning the violation of exclusive rights to the intellectual property belonging to third parties committed during Work’s creation or in connection with the conclusion of this Agreement by the Author, the Author shall immediately, upon receipt of a notice from the Licensee, take steps to resolve disputes with third parties and make all possible effort so that the Licensee does not become a defendant to the case; reimburse the Licensee for legal expenses, costs and losses incurred in relation to the remedies and enforcement of the court’s order and the sums of money paid to a third party for violation of exclusive rights belonging to third parties, as well as other losses incurred by the Licensee in relation to the Author’s failure to fulfil his warranties under this Agreement.
5.3. All disputes arising under this Agreement shall be resolved by negotiation between the Parties, or, should the Parties fail to reach any agreement, shall be referred to court at the location of the Licensee.
6.1. This Agreement shall enter into force upon signature and shall remain in force for three (3) years.
6.2. The term of this Agreement is automatically extended for each subsequent three year period if neither of the Parties expresses its intention to terminate or amend the Agreement no later than one (1) month before the term expiration date.
6.3. In any matter not covered by this Agreement, the effective legislation of the Russian Federation shall apply.