1. GENERAL PROVISIONS
1.1. In accordance with the present Agreement the Author (co-authors) grants to the State Autonomous Entity of Further Vocational Education and Training of the Kaliningrad Region “Institute for Education Development” (hereinafter referred to as the «Licensee») the right to use his / her previously unpublished article in Russian (hereinafter referred to as the «Article») in the online media «Kaliningradskij Vestnik Obrazovaniya» (hereinafter referred to as the «Journal»), registration number El (Эл) Series No. FS77-74355 within the scope stipulated by the present Agreement.
1.2. This Agreement shall be entered into force on a condition precedent in accordance with Article 157 of the Civil Code of the Russian Federation. Rights and obligations under this Agreement shall arise upon acceptance (approval) of the Article for publication by the editorial board of the Journal. Within five working days from the date of the decision, the author shall be notified in writing or by e-mail about the acceptance (approval) of the Article for publication or about the refusal to publish the Article.
1.3. The Licensee may use the Article only within the limits of those rights and in the ways provided by the Agreement. The right to use the Article which is not expressly specified in the Agreement shall not be considered as granted to the Licensee.
1.4. The Author grants the Licensee a non-exclusive license to use the Article in the following ways:
- reproduction of the Article in any material form, including on paper and/or in electronic media as a separate work and/or as part of the Journal and/or databases of the Licensee and/or other persons at the discretion of the Licensee (right of reproduction);
- distribution of copies of the Article or other alienation of its original or copies, including on paper and/or in electronic form as a separate work and/or as part of the Journal and/or databases of the Licensee and/or other persons, at the discretion of the Licensee (right of distribution);
- communication of the Article to the public in such a manner that any person may access the Article from any place and at any time of his/her choice (right of public communication);
- the right to make public use of the Article for informational, promotional and other purposes;
- right to adapt the form of presentation of the Article for computer systems and programmes and placement in search engines;
- right to translate the Article.
The Author gives the consent to the Licensee to conclude sublicense agreements, the subject of which is granting the right to use the Article within the limits of those rights and those ways of use, which are provided by this Contract for the Licensee, including the conclusion of contracts for the transfer of materials of the Article for editorial and publishing purposes, for reviewing the Article, scientific, literary and technical editing, production and/or processing of illustrative material. The Licensee is liable to the Author for the actions of the sublicensee.
1.5. The rights specified in Clause 1.4 of this Agreement are transferred to the Licensee for an indefinite period of time.
1.6. The territory on which the use of the rights to the Article is allowed is not limited.
1.7. When using the Article, the Licensee shall indicate the name of the Author (names of the Co-Authors).
1.8. The Licensee shall not pay the remuneration to the Author (co-authors) in accordance with this Agreement.
1.9. The Licensee guarantees the observance of the legal interests and personal non-property rights of the Author (Co-authors).
1.10. The Author guarantees (Co-authors guarantee) that:
- the Article, the rights to use which are transferred to the Licensee under this Agreement, is original, has been submitted to this Licensee only, and that the Author(s) has not previously published the Article in other printed and/or electronic media;
- the Article has not been prepared in the course of a work assignment and is not the property of the Employer;
- the article contains all the references to the quoted authors and sources of publication of the borrowed materials as required by the current copyright law;
- the article does not contain materials that are not subject to publication in the open press, in accordance with current legislation of the Russian Federation, and its publication and/or distribution by the Licensee will not lead to disclosure of secret (confidential) information (including state, official secrets);
- the article has not been previously officially (i.e. under a formal contract) transferred to anyone for reproduction or other use.
2. RIGHTS AND OBLIGATIONS OF THE PARTIES
2.1. The Licensee should:
- in accordance with the Article 1287 of the Civil Code of the Russian Federation, start to use the work within the period usual for the given type of works and way of their use, calculated after the decision of the editorial board of the Journal to accept the Article for publication. The time limit for commencement of use of the Article by reproduction is determined in accordance with the periodicity of publication of the Journal;
- not make changes, abbreviations and additions to the Article, including its title and designation of the name of the Author (co-authors) without the written consent of the Author (co-authors), and not supply the Article with illustrations, preface, afterword, comments and explanations of any kind without the consent of the Author (co-authors);
- provide the electronic copy of the Article in PDF format to the e-mail of the Author (co-authors) free of charge, provided that the Author (co-authors) indicate the e-mail address (addresses);
- provide the reviewing of the Article, scientific, literary and technical editing, production and/or processing of the illustrative material provided by the Author (co-authors) or the Licensee if the Author (co-authors) agree to its inclusion into the Article.
2.2. The Author (the Co-authors) should:
- submit the Article in accordance with the requirements for the manuscript (article, methodological guideline or recommendation);
- in the course of preparation of the Article for publication make correction of spelling, syntactic, stylistic, editorial and factual errors indicated by the editor and proofreader of the Licensee, indicated by reviewers and accepted by the editorial board of the Journal in the text of the Article. The Author (co-authors) shall have the right to disregard the remarks that distort the meaning of the Article and the general intent of the Author (co-authors);
- read the correction of the Article within the period set in accordance with the periodicity of the Journal;
- make changes in the corrections of the Article related to the necessity of correcting errors made in the original Article and/or making factual and momentary corrections.
2.3. The Author has the right to cancel the earlier decision to make the Article public (the right to withdraw the Article) with compensation of all losses incurred by the Licensee before the actual publication of the Article.
3. CONDITION OF THE AGREEMENT
3.1. In accordance with Art. 428 of the Civil Code of the Russian Federation, this Agreement is an adhesion contract, the terms and conditions of which are determined by the Licensee, and may be signed by the Author not otherwise than by joining this Agreement in its entirety.
3.2. The Author agrees (the Co-authors agree) with processing and storage of personal data in accordance with the Federal Law No. 152-FZ dd. 27.07.2006 «On Personal Data».
The Licensee is obliged not to disclose to third parties and not to distribute the Author’s (Co-authors) personal data, except for the data used to identify the Author (Co-authors) when publishing the Article, without the consent of the personal data subject, unless otherwise provided by Federal Law No. 152-FZ dd. 27.07.2006 «On Personal Data».
4. FINAL CLAUSES
4.1. All disputes and disagreements between the Parties arising out of the terms and conditions of this Agreement shall be settled through negotiations, and in case of failure to achieve results, such disputes shall be settled in court in accordance with the current laws of the Russian Federation.
4.2. This Agreement shall enter into force upon signing by both Parties for the term of copyright period specified by the current laws of the Russian Federation.
4.3. Termination of this Agreement is possible at any time upon mutual consent of the Parties, with obligatory signing by the Parties of the relevant agreement.
4.4. Unilateral termination of this Agreement is possible in cases specified in the current laws or by a court decision.
4.5. Any amendments and additions to this Agreement come into force only if they are drawn up in writing and signed by both Parties.
4.6. In all cases not stipulated by this Agreement, the Parties shall be governed by the norms of the current law of the Russian Federation.
4.7. This Agreement is made in two identic copies of equal legal force, one for each Party.
