License agreement
License agreement
Consent
Articles of Incorporation
STANDARD FORM
License agreement for the right to use a scientific work in scientific journals
founded by Perm State University
|
Perm
|
"_____" _____________ 20__
|
Federal State Autonomous Educational Institution of Higher Education Perm State University, hereinafter referred to as the “Publisher” (Licensee), represented by Pyankov Sergey Vasilyevich Pyankov, Pro-Rector for Research and Innovation of PNRUU, acting by Power of Attorney № 10-3/12 dated 09.01.2023, issued by the Rector of PNRU Krasilnikov Dmitry Georgiyevich, acting on the basis of the Charter, on the one hand, and ____________________________________________________________________________ (full name of the author) _____________________________________________________________________________ (place of work of the author)
E-mail: _____________________SPIN-code (RSCI):___________________________ AuthorID (RSCI):_____________________ ORCID: ______________________________
_________________________________________________________ (other author identifiers)
acting in their own name and on their own behalf, hereinafter referred to individually or jointly as the “Author” (Co-authors) (Licensor), on the other hand, hereinafter collectively referred to as the “Parties”, have entered into this agreement (hereinafter referred to as the “Agreement”) on the publication of materials in scientific journals of Perm State University on the terms and conditions specified below.
- The Scope of Agreement
1.1. From the moment this Agreement comes into force, the Author grants the Publisher, free of charge, an exclusive license to use the scientific work created by the Author (Co-authors) (hereinafter referred to as the “Article”) titled: _____________________________________________________________________________ _____________________________________________________________________________, approved and accepted for publication by the Editorial Board of the scientific journal of PSU in ____________________________________________________________________________ (journal title)
within the limits established by this Agreement. The Author (Co-authors) does/do not retain the right to issue similar licenses to other persons.
In accordance with Item 2 of Article 1270 of the Civil Code of the Russian Federation and this Agreement, the use of the Article means:
- reproduction of the Article or its separate part in any material form, including in paper and electronic form, in journals and/or databases of the Publisher and/or other persons, at the discretion of the Publisher and/or the Founder of the Journal;
- distribution of the Article or its separate part as part of the Journal and/or in databases of the Publisher or other persons, at the discretion of the Publisher and/or the Founder of the Journal, or as an independent work, throughout the world;
- making the Article public knowledge so that that any person could access the Article from any place and at any time individually chosen by them (including making the Article public knowledge via the Internet);
- sublicensing (granting of permission to use the Article and its individual materials) of the rights obtained under this Agreement to third parties, with notification of the Authors by posting relevant information on the Publisher's website;
- translation from one language into another or other recasting of the work;
- other rights not directly transferred to the Publisher under this Agreement, including patent rights to any processes, techniques and methods, etc. described by the Author (Co-authors) in the Article, as well as trademark rights, remain with the Author Co-authors) and other copyright holders.
Author submits the article to the journal in a foreign language) or from Russian into English, if the editors consider it appropriate.
The grant of rights under this Agreement includes granting the right to process the submitted form of the Article for its compatibility with computer programs and systems (databases), publication and distribution in a machine-readable format and implementation in search systems (databases).
The Article is published in the Journal under the terms of the Creative Commons Attribution 4.0 International (CC BY 4.0).
1.2. The Author transfers to the Publisher the rights specified in the Agreement for the entire duration of copyright and for use in all countries of the world.
- 2. The Author (Co-authors) warrant(s) that:
2.1. The Author (Co-authors) hold(s) exclusive copyrights to the Article transferred to the Publisher.
2.2. The Author (Co-authors) has/have informed the other Co-authors about the terms of this Agreement and received the consent of all the Co-authors to conclude this Agreement on the terms stipulated in the Agreement.
2.3. The Article is an original work submitted for consideration only to this Journal, the Author (Co-authors) has/have not previously published the Article in the volume of more than 15% in other print and/or electronic publications, except for the publication of a preprint (manuscript) of the Article.
2.4. The Article contains all references to the cited authors and/or publications (materials) required by current copyright legislation; the Author (Co-authors) has/have received all the necessary permissions for the use in the Article of the results, facts, and other borrowed materials of which the Author (Co-authors) is/are not the copyright holder(s).
2.5. The Article does not contain materials that are not subject to publication in public sources in accordance with currently effective legislative acts of the Russian Federation, the publication and distribution of the Article will not lead to the disclosure of secret (confidential) information (including secrets of state).
- Rights and obligations of the Author (Co-authors)
3.1. The author undertakes to:
3.1.1. Comply with the "Regulations on ethical standards of editorial policy of Perm State University" and other requirements of the editorial body of the journal published on the journal's website.
3.1.2. Submit the manuscript and metadata of the Article in accordance with the Rules for Authors published on the website of the Publisher or the Journal.
3.1.3. In the process of preparing the Article for publication:
- make corrections to the text and metadata of the Article recommended by the reviewers and approved by the Editorial Board of the Journal and/or, if necessary, to refine the Article at the request of the Publisher;
- check the proofs of the Article within the time limits determined by the Journal's publication schedule;
- when reading the proofs, make only a minimum of corrections that are necessary to rectify errors made in the original Article and/or introduce factual changes and changes dictated by external factors.
3.1.4. Not publish the Article in the volume of more than 15% in other print and/or electronic publications in the Russian language without the consent of the Publisher.
3.1.5. Not use for commercial purposes and in other publications without the consent of the Publisher an electronic copy of the Article prepared by the Publisher if it has been transferred to the Author.
3.1.6. During the term of this Agreement, the Author is not entitled to transfer to third parties all or part of the rights granted to the Licensee under this Agreement, to publish and use the Article, the translation of the Article for commercial purposes, or to grant such rights to third parties.
3.1.7. Obtain (in addition to the author’s(s’) own signature(s)) the signature of the Employer, if the materials of the Article were prepared in the scope of official duties and are the property of the Employer. By this Agreement, the Employer transfers to the Publisher all rights to use the Article on the terms stipulated in this Agreement.
3.1.8. In the event that claims are filed against the Publisher concerning the violation of the exclusive copyright and other intellectual property rights of third parties when creating the Article, or in connection with the conclusion of this Agreement by the Author (Co-authors), the Author undertakes to:
- immediately, upon receipt of the Publisher's notification, take measures to resolve disputes with third parties; if necessary, join the litigation on the Publisher's side and take all actions in their power for the Publisher to cease having the status of defendant;
- reimburse the Publisher for the legal expenses incurred, expenses and losses caused by the application of measures to secure the claim and the execution of the court decision, and the amounts paid to the third party for violation of exclusive copyright and other intellectual property rights, as well as other losses incurred by the Publisher due to non-compliance by the Author (Co-authors) with the guarantees provided by them under this Agreement.
3.1.9. Reflect in the ORCID personal profile specified in this agreement the fact of the publication of the Article.
3.2. The author (Co-authors) has/have the right to:
3.2.1. Use a printed or electronic preprint of the unpublished manuscript of the Article in the form and content accepted by the Publisher for publication in the Journal. Such preprints may be posted as electronic files on the Author’s(s’) website or on a secure external website of the Author’s(s’) employer, but not for commercial sale or systematic external distribution by a third party.
While doing so, the Author (Co-authors) must:
- include the following warning in the preprint: "This is a preprint of the Article accepted for publication in (Journal title, (©), copyright (year), copyright holder indicated in the Journal)";
- provide an electronic link to the website of the Journal or the Publisher.
3.2.2. Photocopy or distribute to colleagues, free of charge, a copy of the printed Article, in whole or in part, for their personal or professional use, for promotion of academic or scientific research, or for informational purposes of the employer.
3.2.3. Use materials from the published Article in the book written by the Author (Co-authors).
3.2.4. Use individual figures or tables and excerpts from the text of the Article for their own learning purposes, or for inclusion in another work, or for presentation in electronic form on an internal (secure) computer network or on an external website of the Author (Co-authors) or their employer.
3.2.5. Include the materials of the Article in educational compilations for classroom use, for free distribution of materials to persons studying with the Author (Co-authors), or save materials in electronic format on a local server for access by students as part of a training course, as well as for internal training programs at the employer's institution.
3.2.6. For any permitted use of the Article, translation of the Article (including any of its separate parts or fragments) by the Author and/or other persons, there must be provided indications (references) to the Journal, the Author, the title of the Article, the volume and issue of the Journal, the year of publication, and pages indicated in the Journal.
- Rights and obligations of the Publisher
The decision to accept the Article for publication is the exclusive prerogative of the Licensee.
4.1. The Publisher undertakes to:
4.1.1. At its own expense, provide peer review of the Article, scientific, literary, and technical editing, production and/or processing of illustrative material, production of paper and electronic layout original, reproduction in paper and electronic form of the Journal’s issue with the article of the Author, and its distribution in accordance with the terms of this Agreement.
4.1.2. Bring the results of the peer review to the notice of the Author.
4.1.3. Obtain the Author’s approval with regard to the corrections made to the Article while complying with the terms and conditions of Items 2 and 3.1 of this Agreement.
4.1.4. Provide the Author with an electronic file of the Article after publication of the Article in the Journal, provided that the Author (Co-authors) has/have indicated their electronic addresses.
- The Publisher warrants:
- the right to integrity of the Article and protection from distortion, compliance with the current standards of printing works, copyright protection from illegal use of the Article and respect for the right of authorship and the right of the Author (Co-authors) to the name.
- The Publisher has the right to:
6.1. For any subsequent permitted use of the Journal and/or the Article (including any of its separate parts, fragments) by the Author (Co-authors) (and/or other persons), require these persons to indicate a reference to the Journal, the Publisher or other copyright holder of the Journal, the Author (Co-authors) or other copyright holders, the title of the Article, the volume, the issue of the Journal, and the year of publication indicated in (on) the Journal.
6.2. At its own discretion, pay royalties at the rates set by the Publisher for individual articles prepared at the request of the Publisher (Editorial Board of the Journal) but not being the result of performance of official duties or the employer's assignment.
6.3. Place in the media and other information sources preliminary and/or advertising information about the forthcoming publication of the Article.
6.4. Independently, without notifying the author, withdraw the article from publication or use other methods of retracting the article in case there have been detected violations of ethical standards governing the publication of articles.
6.5. Establish rules (conditions) for acceptance and publication of the Journal materials. The Editorial Board of the Journal has the exclusive right to select and/or reject materials submitted to the Journal for the purpose of their publication. The manuscript (material carrier) sent by the Author (Co-authors) to the Journal is not subject to return. The editorial body of the Journal does not enter into correspondence regarding rejection of the Article by the Editorial Board of the Journal.
- Other terms of the Agreement
7.1. This Agreement shall enter into force in the event that and from the moment when the Editorial Board of the Journal makes a decision to accept the Article for publication. If the Article is not accepted for publication or the Author (Co-authors) withdraw(s) the manuscript at the stage of making a decision by the Editorial Board, this Agreement does not enter into force (becomes null and void). If the Article is not accepted for publication, the Publisher notifies the Author of this within 15 calendar days on condition that the Author (Co-authors) has/have provided their contact telephone numbers (addresses).
7.2. This agreement is valid for the entire term of the exclusive right.
7.3. The author agrees to the publication of the manuscript with all the corrections and additions made (all types of editing: scientific, literary, and technical).
7.4. In accordance with Article 1269 of the Civil Code of the Russian Federation, the Author (Co-authors) has/have the right to withdraw the earlier decision on the publication (reproduction) of the Article provided that they compensate for the losses caused to the Publisher by such a decision. If the Article has been published, the Author (Co-authors) is/are also obliged to publicly notify of its withdrawal. At the same time, the Author (Co-authors) has/have the right to withdraw from circulation previously issued copies of the Article, Journal, while recovering the losses caused by this.
7.5. The terms of this Agreement and the legal relations of the Parties not regulated by the Agreement shall be subject to the legislation of the Russian Federation.
7.6. The Parties seek to resolve disputes and disagreements arising in connection with this Agreement through negotiations.
7.7. If it is impossible to resolve disputes and disagreements through negotiations, they are referred to the Commercial Court at the location of the Licensee.
7.8. Based on Articles 433 and 438 of the Civil Code of the Russian Federation, this agreement is considered concluded after the occurrence of the following events:
- receipt by the Licensee of the Article provided by the Author in accordance with Item 3.1 of this Agreement;
- signing of this Agreement by both Parties.
- Details and signatures of the Parties
|
Author (Co-authors): |
Publisher: |
|
Full name: _____________________________________
Passport details: ____________________________ Address: ________________________________________ Telephone: _______________________________
E-mail: __________________________________________
Signature: ________________________________________
|
Federal State Autonomous Educational Institution of Higher Education Perm State University
INN 5903003330 KPP 590301001
Registered address: 15, Bukireva st., Perm, 614990, Russia
Correspondence address: 15, Bukireva st., Perm, 614990, Russia
Federal Treasury Administration in the Perm region (PGNIU, customer account 30566K14330)
Department PERM of the BANK OF RUSSIA// Federal Treasury Administration in the Perm region, city of Perm
BIK 015773997
Tel.: 8(342)239-61-12
Fax: 8 (342) 237-16-11 E-mail: ________________________________
Website: http://www.psu.ru/ __________________/ ______________________ (Signature) (Name of signatory)
|
|
Author (Co-authors): |
|
|
Full name: _____________________________________
Passport details: ____________________________ Address: ________________________________________ Telephone:________________________________
E-mail: __________________________________________
Signature: ________________________________________
|
Employer:
__________________/ ______________________
(Signature) (Name of signatory)
The text of the Agreement is posted on the website of Perm State University http://www.psu.ru / and can also be obtained by e-mail from the "Department of Scientific Periodicals and Continued Publications of PSU": YakshnaN@psu.ru or in the editorial offices of scientific journals of PSU.
