PUBLIC OFFER (PUBLISHING)
The English translation of PUBLIC OFFER (PUBLISHING) presented below is for informative purposes only. In case of conflict between the Russian original and the English translation, the Russian original prevails.
Federal State Budgetary Institution «The Russian State Library» (hereinafter «Licensee»), on the terms and conditions set forth below, offers to author (hereinafter «Licensor») to grant to The Russian State Library the exclusive rights to articles (hereinafter «Works») by acceptance of this offer.
1. The rights, granted by the Licensor under the terms of exclusive license:
1.1. The right of Reproduction of Works, i.e. of producing one or more copies of Works in periodicals of the Russian State Library, including electronic ones (hereinafter «Edition»), in a form of hard copy or in a digital (electronic) form;
1.2. The right of Distribution of Works by means of sale or other transfer of ownership in a form of hard copy or in a digital form;
1.3. The right of making the Works and information on the Licensor available to the public in such a way, that anyone can get an access to the Works and to the specified information from any place and at any time at his/ her own choice;
1.4. The right to provide to third parties, at the discretion of the Licensee, the right to use Works within the rights and use, as provided in the given offer, i.e. consent to conclusion of sublicense agreements. This right shall be granted to the Licensee upon the signature of Acceptance and shall not require payment of additional remuneration, conclusion of additional agreements and issuance of additional permits.
1.5. The right to translate the Works.
2. The rights and obligations of the parties:
2.1. The Licensor shall:
2.1.1. Execute the manuscript of Works in accordance with the requirements specified on the official website of the Licensee in the Internet;
2.1.2. Transfer to the Licensee the manuscript of Works in digital and hard copy form. Hard copy form shall be signed by Licensor at each page.
2.1.3. Send to the Licensee brief information on Licensor in digital and hard copy form (requirements are listed on the official website of the Licensee in the Internet). Hard copy form, containing such information, shall be signed by Licensor.
2.1.4. At the request of the Licensee read clean proofs of the Works without remuneration within the agreed timeframe, taking into account the production process schedules of preparation of periodicals.
2.2. The Licensee shall:
2.2.1. Use only those rights to Works which are granted to him within the given Offer.
2.3. The Licensor shall have the right to:
2.3.1. Obtain information on Licensee’s work flow on manuscripts of his Works.
2.3.2. Post an announcement on the Works that are the subject of this Offer, without additional coordination with the Licensee with the obligatory indication of reference to the Licensee.
2.4. The Licensee shall have the right to:
2.4.1. Edit the text of Works, make changes to the title and to the scope of Works, coordinating proofreading with Licensor.
2.4.2. Accompany the Works with his illustrations and other materials.
2.4.3. Use illustrations and other materials sent by the Licensor together with the Works as needed, at own discretion.
2.4.4. For own purposes submit manuscripts of the Works for review without giving the Licensor information on the reviewer. According to the results of review or upon the decision of the Editorial Board of Edition, the Licensee shall have the right to waive reproduction of the Works in any form without explanation of the reasons to the Licensor.
2.4.5. Offer shall get unaccepted in case of breach by Licensor of the conditions of Clause 2.1, warranties contained in Clause 3.3, as well as in the case specified in Clause 2.4.4 of this offer.
2.4.6. Upon approval of the final text and title of the Works for the purposes of this offer neither of the parties has no right to change them without prior written consent of the other party.
3. Other conditions and warranties of the parties:
3.1. Works deemed to be received by the Licensee, if they are executed in accordance with the requirements of the Licensee. Works deemed to be submitted in due form, if the Licensee within 10 (ten) working days upon the receipt did not claim the Licensor on additional execution of manuscript of the Works.
3.2. Physical media with manuscripts of Works shall be transferred by Licensor to the ownership of Licensee and will not be returned.
3.3. Licensor shall represent and warrant to the Licensee that:
— The right of authorship for Works in virtue of creation belongs to the Licensor;
— Works were not created by Licensor under a state or municipal contract or within the labor duties, established for him/ her, it is not work for hire;
— Works do not contain information, access to which is limited in accordance with the procedure prescribed by law (including information relating to commercial, state or other secret); acceptance of this offer does not violate anyone’s rights and legitimate interests;
— When creating Works the Licensor met all the requirements of the current legislation of the Russian Federation on the citation rules, as well as obtained all necessary permits and approvals for use in the Works of the results of intellectual activities of third parties;
— The rights to Works are not transferred by the Licensor to third parties, the Licensor is entitled to accept this offer and manage its exclusive rights;
3.4. Licensee represents and warrants that is being a legal entity, duly established and registered in accordance with the legislation of the Russian Federation, and that the Edition is registered as mass media in accordance with the applicable Russian and international laws.
4.1. The above exclusive rights for the use of Works shall be transferred to the Licensee without charge for the whole period of validity of the exclusive rights to the Works.
4.2. Licensee can use the transferred rights on the territory of all countries of the world.
4.3. All disputes and disagreements arising out of this offer or in connection with it shall be settled by means of negotiations.
4.4. In case of failure to settle the dispute by means of negotiations, the party dissenting with the outcome of negotiations, shall send to the other party a written claim, containing the requirements. The party, receiving the claim, shall give a reasoned written response within 15 (fifteen) working days. In case no agreement is reached between the parties, the disputes shall be settled in court in accordance with the jurisdiction and cognisance established by the current legislation of the Russian Federation.
The above given translation of PUBLIC OFFER (PUBLISHING) is presented for informative purposes only. In case of conflict between the Russian original and the English translation, the Russian original prevails.