Accession License Agreement
Approved by the NUOA rector’s order
№ ____ _____ ___________ 2018 р.
Accession License Agreement
Ostroh, 15.03.2018 р.
National University of Ostroh Academy, in the person of the rector of the National University Ostroh Academy prof. Pasichnyk Ihor Demydovych, acting on the basis of the Statute (hereinafter referred to as the Licensee) on the one hand and the Licensor, concluded this License Agreement for joining in accordance with Art. 205, 634, 641, 642 of the Civil Code of Ukraine.
1. DEFINITIONS
The terms used in this Agreement are used in the following meaning:
Article is a scientific article proposed by the Licensor for publication in Scientific Notes of Ostroh Academy National University, "Psychology" Series;
Licensor - the author (authors), who owns the exclusive copyrights on the Article;
Non-exclusive license - a license that does not provide exclusive use rights for the Licensee but grants Article use rights to other licensed persons;
Parties - Licensee and Licensor;
Journal – Scientific Notes of Ostroh Academy National University, "Psychology" Series;
Other terms used in the Agreement are determined in accordance with the norms of the current legislation of Ukraine.
2. SUBJECT OF THE AGREEMENT
2.1. By assigning any Article to Licensee, the Licensor - an individual who, in terms of his/her creative work, created the Article, unconditionally agrees to the terms of this Agreement.
2.2. The Licensor grants an exclusive license to use the Article to Licensee for an unlimited period on a royalty-free basis, and the Licensee publishes the Article in the Journal in accordance with the terms of this Agreement.
2.3. Under this Agreement the rights to use the Article are transferred in the following ways: - reproduction of the Article; - inclusion of the Article as an integral part of journals, collections, monographs, etc.; - distribution of the Article; - submitting the Article to the general public in such a way that its representatives can access the Article from any place and at any time of their choice.
2.4. The Licensor has the right to use the Article and to grant a non-exclusive license for its use by third parties.
2.5. Territory of use - without restrictions;
2.6. Copywriting - Unlimited.
3. LICENSOR GUARANTEES
3.1. The Licensor guarantees that at the time the Article is submitted to Licensee:
3.1.1. The Licensor owns the copyrights for this Article.
3.1.2. The work or any part thereof is the author's own development.
3.2. The Licensor guarantees that the Article does not use parts or fragments of other works owned by third parties, and all citations from third parties' works are used with reference to the author's name and original source.
4. AGREEMENT ACCEPTATION
4.1. For Licensors who prior to the publication of this Agreement on the official site of the Scientific Notes of Ostroh Academy National University, “Psychology” series (https://psj.oa.edu.ua/) did not submit their Articles for publication in the Scientific Notes of the National University of Ostroh Academy , the series "Psychology", a certificate of complete and unconditional acceptance of the terms of this Agreement, is the fact of the transfer by the Licensor of the Article for publication in the Scientific Notes of the National University "Ostroh Academy", the series "Psychology" via e-mail or in electronic form directly to the editor, or otherwise. By transferring the Article for publication in the Scientific Notes of Ostroh Academy National University, "Psychology" series, the Licensor automatically accepts the terms of this Agreement, and the Contract is deemed concluded without signing in each individual case. The date of this Contract conclusion in this case is the date of the Article’s transfer.
4.2 For Licensors who, prior to the publication of this Agreement on the official site of the Scientific Notes of Ostroh Academy National University, "Psychology" series (www.ecj.oa.edu.ua) have already submitted their Articles for publication in the Scientific Notes of Ostroh Academy National University , "Psychology" series, complete and unconditional acceptance (acceptance) of the terms of this Agreement is certified: - with non-objection to the terms of this Agreement (consent through silence) within 30 calendar days from the date of this Agreement publication. In the other case (the disagreement with the terms of this Agreement), the objection must be given to Licensee in written form within 30 calendar days from the date of this Agreement publication; - with the fact of Licensor’s next Article transfer for publication in the Scientific Notes of Ostroh Academy National University, "Psychology" series via e-mail, or on an electronic medium directly to the editorial board, or otherwise. Upon occurrence of one of these events, the Contract is deemed concluded without signing in each individual case. The date of the conclusion of this Agreement in this case is the date of publication of this Agreement.
4.3. The Licensor, upon written request from the Licensor, provides him/her with a sealed printed form of the Contract.
4.4. This Agreement enters into force from the date of the Licensor's Article assignment to Licensee.
5. RIGHTS OF THE PARTIES
5.1. The licensee has the right:
5.1.1. In oral or written form notice Licensee about the defects found within the Article and take actions to eliminate them.
5.1.2. In case of the Article use in violation of the copyright, related legislation norms and this Agreement, prohibit the use of the Article (suspend the license of this Agreement) until Licensee eliminates the violation.
5.1.3. Taking into account the requirements of the law, determine the information that can be defined as a commercial secret or confidential and force the Licensee to conceal this information.
5.2. Licensee is entitled to:
5.2.1. To use the Article in the ways indicated in paragraph 2.2 of this Agreement.
5.2.2. To grant sublicenses to other persons in the amount of rights granted to him under this contract in the spheres specified by the Agreement.
5.2.3. To make inquiries and receive the necessary information and documents related to the subject matter of the Agreement and are in the Licensee's ownership.
6. OBLIGATIONS OF THE PARTIES
6.1. Licensor must:
6.1.1. Provide Licensee with the rights to use the Article.
6.1.2. In accordance with the Licensee's request, timely provide information and documents related to the subject matter of the Contract and necessary for the Agreement terms fulfillment.
6.1.3. In accordance with the Licensee's request participate and conduct the actions and procedures necessary to comply with the terms of the Agreement, if such participation is required by the Licensor.
6.2. Licensee must:
6.2.1. Use the Article on the terms specified in this Agreement.
6.2.2. Not disclose any information that can be defined as a commercial secret or confidential.
6.2.3. Keep the Licensor's personal non-proprietary rights.
7. BEGINNING AND DURATION OF THE AGREEMENT
7.1. The date of the Agreement conclusion (acceptance) is determined in accordance with section 3 hereof.
7.2. The agreement is concluded for an indefinite period.
7.3. This agreement is published on the official website of the Scientific Notes of Ostroh Academy National University, "Psychology" series (https://psj.oa.edu.ua/) since 20.03.2018.
8. LIABILITY OF THE PARTIES TO THE AGREEMENT
8.1. The Licensor guarantees that at the time of signing this Agreement, he is not aware of the rights of other persons that could be affected by the provision of this license.
8.2. In case of non-fulfillment or improper fulfillment of the obligations stipulated by this Agreement by the Licensee, the Licensor has the right to suspend the realization of his obligations under the Contract.
8.3. In the event of a systematic breach of the terms and conditions of the Agreement by Licensee with respect to his/her obligations, the Licensor shall have the right to terminate the Agreement unilaterally, after notifying the Licensee in writing thereof in no less than 30 calendar days.
9. SOLVING DISPUTES
9.1. The Parties undertake the responsibility to resolve any dispute through negotiations.
9.2. In the event that the dispute cannot be resolved through negotiations, the dispute may be submitted for judicial settlement
10. FORCE-MAJOR CIRCUMSTANCES
10.1. The Parties shall not be liable for non-fulfillment or improper fulfillment of the Agreement terms in the event of force majeure.
10.2. Upon completion of such circumstances, a Party that has failed to fulfill its obligations under the Agreement shall comply with the specified terms for which the fulfillment of obligations has been suspended.
10.3. A party may not invoke force majeure circumstances in the case when they began at the time of delay in performance of their duties under the Contract.
11. OTHER CONDITIONS
11.1.The Licensor shall waive his right to claim royalties for any use of the work on the terms specified in this Agreement. The payment of royalties to the Licensor (authors of the Article) for its use under this contract is not provided.
11.2.The Licensor agrees that in accordance with the terms of this Agreement the transfer of the rights for the free use of the Article by the Publisher cannot be considered as an encroachment on the personal non-property and proprietary rights of the Licensor.
11.3. This Agreement is a contract of accession, the terms of which are determined by the Licensee, and may be concluded by the other Party only by accessing this Agreement as a whole. The assignment of Article produced by the Licensor for publication by the Licensee corresponds to the Licensee's agreement to enter into this Agreement in the conditions set forth herein.
11.4. In case of location and / or details change, the Party shall notify such change to the other Party within a period not exceeding 10 days from the date of such changes.
11.5. On all issues not provided for in this Agreement, the Parties shall be guided by the current legislation of Ukraine.
LICENSE LOCATION AND DETAILS:
National University of “Ostroh Academy”
Rivne Oblast,
Ostroh, 35800
Seminarska Str., 2
Ukraine,
code 22554101
р/р ДКС України
МФО 820172
tel. (03654) 2-29-49
Rector _____________________________________ I.D. Pasichnyk
