PUBLIC OFFER LICENSE AGREEMENT
Dubna, Moscow Region
The Joint Institute for Nuclear Research, an international intergovernmental scientific research organization, hereinafter referred to as the "Licensee/Sublicensee", in accordance with Articles 435 and 437 of the Civil Code of the Russian Federation, invites any individual or entity that has the exclusive or other legal right to use the Work to the extent provided for in this Agreement, hereinafter referred to as the "Licensor/Licensee", to enter into this License Agreement (hereinafter the "Agreement").
1. GENERAL PROVISIONS
1.1. This Agreement is a public offer made by the Licensee/Sublicensee to the Licensor/Licensee and contains the essential terms of the license agreement for granting 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 Licensor/Licensee of the actions specified in clause 4.1 of this Agreement.
1.3. The Licensor/Licensee 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 Licensor/Licensee hereby confirms that they accept the terms of the Agreement in full, without reservations or limitations.
2. SUBJECT MATTER
2.1. The Licensor/Licensee, as the owner of exclusive or other legal rights (has obtained all necessary consents from the copyright holders to conclude this Agreement) to use the Work, a scientific article, including created by the authors illustrations, appendices, and references (hereinafter referred to as the “Work”), provides the Licensee/Sublicensee with the right to use the Work within the limits established by this Agreement and for the period established by this Agreement under the terms of a royalty-free simple (non-exclusive) license.
2.2. The Licensor/Licensee grants the Licensee/Sublicensee 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 Natural Science Review (hereinafter referred to as the “Journal”) and / or in the databases of the Licensee/Sublicensee and / or other persons, including in the Licensee/Sublicensee's electronic libraries;
2.2.2. to publish and 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/Sublicensee 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 any person may access the Work from a place and at a time as they see fit, including online, and use the Work under the terms of the CC BY_NC license;
2.2.4. to change the Work’s form for its use in computer programs and systems (databases), for publishing and distribution in machine-readable format and indexing by search engines as well as to make modifications to the Work that do not lead to creation of derivative works.
2.3. All rights specified in clause 2.2. of this Agreement are granted by the Licensor/Licensee to the Licensee/Sublicensee 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/Sublicensee shall:
3.1.1. at their own expense, ensure scientific, literary, and copy editing of the Work, illustration processing, paper and / or electronic layout design;
3.1.2. not make any changes to the Work’s title and the Licensor/Licensee’s name without the consent of the Licensor/Licensee;
3.1.3. obtain consent of the Licensor/Licensee to all editorial revisions to the Work or revisions suggested by reviewers of the Work.
3.2. The Licensor/Licensee shall:
3.2.1. immediately notify the Licensee/Sublicensee of the transfer of rights to the Work, including its electronic versions, to a third party;
3.2.2. under clause 3.1.3 of this Agreement, approve revisions to the Work within three (3) calendar days from the receipt of the corresponding notice from the Licensee/Sublicensee or give a reasoned refusal. Should the Licensor/Licensee fail to reply within the indicated time period, the revisions shall be deemed approved by the Licensor/Licensee.
3.3. The Licensor/Licensee warrants that:
3.3.1. they are the owners of the exclusive or other legal right to use the Work to the extent provided for in this Agreement and have 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. Granting the right to use the Work to the Licensee/Sublicensee does not violate any rights or legitimate interests of third parties;
3.3.2. the Work contains all references to cited Licensors/Licensees and / or publications (materials), as required by the law of the Russian Federation;
3.3.3. all necessary permissions and consents for the results of intellectual activity, the copyright holder of which is not the Licensor/Licensee, facts, and other materials used in the Work have been obtained by the Licensor/Licensee;
3.3.4. The article is not to contain materials, the publication of which may violate the obligations of the Licensee/Sublicensee under the terms of the Licensee/Sublicensee's activity in the country of location and damage the security of the Licensee/Sublicensee's country of location.
3.4. The Licensee/Sublicensee guarantees the right to inviolability of the Work and protection from distortion, as well as compliance with the copyright law and the right to recognition of authorship of the Work.
3.5. Licensee/Sublicensee is entitled to:
3.5.1. carry out technical and literary editing of the Work that does not change its main content;
3.5.2. examine the Work and propose that the Licensor/Licensee should make the necessary changes, until which the Work is not published in the Journal.;
3.5.3. establish the rules (conditions) for the submission and publication of materials in the Journal. The Licensee/Sublicensee has the exclusive rights to select and/or reject materials sent to the editorial office of the Journal for publication.
3.5.4. temporarily suspend the provision of services to the Licensor/Licensee under the Agreement for technical, technological, or other reasons that impede the provision of services, while such reasons are being eliminated;
3.5.5. suspend the provision of services under the Agreement unilaterally and extrajudicially in the following cases:
a) if the Work does not correspond to the subject matter of the Journal (or any part of it), or the submitted material is insufficient for independent publication, or the design of the Work does not meet the requirements;
b) violations by the Licensor/Licensee of other obligations stipulated by this Agreement;
3.5.6. in the process of publishing the Work, request additional documents from the Licensor/Licensee related to the submitted materials;
3.5.7. make changes to the Agreement in accordance with the procedure established by the Agreement.
3.5.8. during the term of this Agreement, transfer the rights to use the Work to third parties within the limits of the rights and methods of use established by this Agreement, including for the purpose of using the Work in third-party databases;
3.5.9. unilaterally refuse to fulfill obligations under this Agreement in the following cases:
3.5.9.1. the Licensor/Licensee's failure to submit the manuscript of the Work due to the fault of the Licensor/Licensee within the time period set by the Licensee/Sublicensee to make final amendments to the Work based on the results of reviewing and/or editing, or failure by the Licensor/Licensee to fulfill other obligations established by the terms of this Agreement;
3.5.9.2. violations of the guarantees 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 fully and unreserved accepted, upon submission of the Work via the personal account at the website nsr-jinr.ru.
4.2. The Licensee/Sublicensee is entitled to unilaterally change the terms of this Agreement by posting the amended text of the Agreement on the Licensee/Sublicensee's website. The changes shall come into force from the moment the text of the Agreement is posted on the Licensee/Sublicensee's website.
4.3. Should the Licensor/Licensee fail to agree with the changes to the terms of this Agreement, the Licensor/Licensee is entitled to send a notice of withdrawal from this Agreement to the Licensee/Sublicensee. In the absence of a written notification from the Licensor/Licensee within 10 working days from the date of posting a new text of the Agreement on the Licensee/Sublicensee's website, changes shall be considered accepted by the Licensor/Licensee, and the Agreement shall remain valid as amended.
4.4. This Agreement may be terminated in the following cases:
4.4.1. by mutual agreement of the Parties at any time before the Work’s publication in the Journal;
4.4.2. by the Licensee/Sublicensee in cases provided for under this Agreement and by the law of the Russian Federation;
4.4.3. on other grounds provided for by the law of the Russian Federation.
4.5. It is impossible to withdraw from the Agreement after the Licensee/Sublicensee has accepted the Work for publication in the journal.
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/Sublicensee 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 Licensor/Licensee, the Licensor/Licensee shall immediately, upon receipt of a notice from the Licensee/Sublicensee, take steps to resolve disputes with third parties and make every effort so that the Licensee/Sublicensee does not become a defendant to the case; reimburse the Licensee/Sublicensee 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/Sublicensee in relation to the Licensor/Licensee’s failure to fulfill 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 the court at the location of the Licensee/Sublicensee.
6. FINAL PROVISIONS
6.1. This Agreement shall come into force as of the date of signing it and is valid until the expiration of the exclusive right.
6.2. In any matter not covered by this Agreement, the effective legislation of the Russian Federation shall be applied.
