License to Publish
- Details
- Category: English
License Agreement № ______
City of Dnipro «___»_________ 20__
The M.S. Poliakov Institute of Geotechnical Mechanics of the National Academy of Sciences of Ukraine (IGTM, NAS of Ukraine, Dnipro), who is the founder, compiler and publisher of the "Geo-Technical Mechanics" journal, registered in the Ministry of Justice of Ukraine (Reg. No. 14983-3955Р dd. 27.02.2009) hereinafter referred to as the "Licensee", in the person of Krukovskyi Oleksandr Petrovych, the Deputy Director, the corresponding member of the NAS of Ukraine, who acts on the basis of Power of Attorney No. 004-Д/25-22 dated 01.04.2022, on the one hand, and _____________________________________________________, hereinafter referred to as the "Licensor", on the other hand, hereinafter referred to as the "Parties", have entered into this License Agreement (hereinafter referred to as the "Agreement") regarding the following.
1. Subject of the Agreement
1.1. Under this Agreement, the Licensor grants the Licensee, free of charge, non-exclusive property copyrights for the use of the scientific, technical or other written work "__________________________________________ ___________________________________________________________________" hereinafter referred to as the "Work", submitted to the Editorial Board of the Collection of Scientific Papers "Geotechnical Mechanics" in Ukrainian and/or English (agreed upon by the Licensee and the Licensor) on the terms and for the period stipulated and determined by this Agreement.
1.2. The moment of transfer to the Licensee of the rights specified in this Agreement is the date when Licensor signs the Work submitted to the Editorial Board of the Collection of Scientific Papers "Geotechnical Mechanics". The copy of the Work signed by the Licensor and accepted for publication is an integral part of this License Agreement.
1.3. The Licensor guarantees that the Work, the rights to use of which are transferred to the Licensee under this Agreement: did not officially transferred to somebody (according to any concluded agreement) for reproduction and other use; was created by the personal creative activity of the Licensor, is original, and the Licensor has exclusive property copyrights to it; does not contain materials of other persons, with the exception of cases of citation to the extent justified by any scientific, informational or critical nature of the Work, with proper execution of such citation in accordance with the norms of the current legislation of Ukraine; does not use results, facts and other borrowed materials, the legal successor of which is not the Licensor; does not contain information prohibited for the open publication in accordance with the current legislation of Ukraine; and its publication and/or distribution by the Licensee will not lead to the disclosure of secret (confidential) information (including state, official secrets).
2. Rights and obligations of the Parties
2.1. The Licensor transfers the rights to the Licensee under this Agreement on the basis of a non-exclusive license. The Licensor grants the Licensee the following non-exclusive property copyrights:
- the right to reproduce the Work (publishing, making it public, replicating, duplicating or other reproduction) without limiting the number of copies. At the same time, each copy of the Work must contain the name of the author of the Work;
- право на поширення Твору будь-яким способом;
- the right to distribute the Work in any way;
- право на внесення змін у Твір, що не представляють собою його переробку;
- the right to make changes to the Work which do not constitute its modification;
- право на публічне використання Твору і демонстрацію його в інформаційних, рекламних і інших цілях;
- the right to public use of the Work and its demonstration for informational, advertising and other purposes;
- the right to make it public, including posting the Work in whole or in part on the Internet on the Collection website and other information resources;
- право переуступити на договірних умовах частково або повністю отримані за цим Договором права третім особам без виплати Ліцензіарові винагороди;
- the right to transfer, on contractual terms, partially or fully, the rights obtained under this Agreement to any third parties without payment of a fee to the Licensor;
- the right to translate the Work in the event that the Work is presented in a language different from the language in which the publication is intended.
2.2. The Licensee undertakes to observe the copyrights of the Licensor provided for by the current legislation and to take all possible measures to prevent infringement of copyrights by any third parties.
2.3. The Licensor is obliged to provide the Licensee with a handwritten/printed/electronic version of the Work for review within 10 (ten) working days. Within 30 (thirty) working days, the Licensee may submit demands or claims to the Licensor related to the quality (content) or volume of the manuscript of the Work provided for perusal.
2.4. The Editorial Board of the Collection has the exclusive right to establish the terms of acceptance, publication, selection or rejection of the work. The material carrier of the manuscript is not subject to return. The Editorial Office does not conduct correspondence regarding the rejection of an article.
2.5. In the event that the Licensee wishes to publish the Work in other, including foreign editions, or to include the Work as a component in other collections, anthologies, encyclopedias, etc., the terms for such use shall be executed as an Appendix to this Agreement.
2.6. The territory in which the rights to the Work may be used is not limited.
2.7. The Licensor agrees to transfer to the Licensee his/her personal data: surname, first name, patronymic; information about academic qualifications (academic degree, academic title); information about the place of work and position; contact details of the authors; information about the availability of printed works in national and international databases of scientific literature.
3. Term of validity of this Agreement
3.1. The Agreement is concluded for five years and is valid from the date of its signing, but not longer than the term of validity of the Licensor's exclusive property copyright on the Work.
3.2. The Agreement is valid until the Parties fully fulfill their obligations under it. The term of validity of the Agreement may be prolongated in accordance with the current legislation of Ukraine.
3.3. In the event that the Work is not accepted for publication or the Licensor has withdrawn the manuscript, this Agreement shall become void.
4. Confidentiality
4.1. The terms of this Agreement and additional agreements to it are confidential and are not subject to disclosure.
5. Other provisions
5.1. All disputes and disagreements of the Parties arising from the terms of this Agreement shall be settled through negotiations, and in the event of their failure - in accordance with the current legislation of Ukraine.
5.2. Termination of this Agreement is possible at any time by mutual consent of the Parties, with mandatory signing of the relevant agreement by both Parties.
5.3. Any changes and additions to this Agreement become effective only if they are made in writing and signed by both Parties of this Agreement.
5.4. This Agreement is made in two copies having the same content and equal legal validity, one copy for each of the Parties.
6. The Parties’ Details
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Licensee M.S. Poliakov Institute of Geotechnical Mechanics of the NAS of Ukraine 49005, Dnipro-5, Simferopolska str., bldg. 2-а EDRPOU code 05411357
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Licenser Name ________________________________________ ________________________________________ Passport _________________________________ issued _________________________________ ________________________________________ ID code____________________________________ Address__________________________________ ________________________________________ |
(To be completed and signed by one of the co-authors
of the Work on behalf of all authors)
Deputy Director,
Corresponding member of the NAS of Ukraine
___________________ (О.P. Krukovskyi) _________________(______________________)
signature signature initials, Last name
Seal
AGREED BY:
Academic Secretary of the Institute, V. Shevchenko
Doctor of Technical Sciences,
Head of the Patent, License& Information Department V. Avramenko