Taras Shevchenko National University of Kyiv (hereinafter referred to as the Licensee), acting on the basis of the Statute according to the articles No. 205, 633, 641, 642 of the Civil Code of Ukraine, publishes the present Agreement as follows:
For the purposes of the present Agreement:
Writing – academic paper submitted by the Licenser for publishing in the collection of studies «American History and Politics»;
Licenser – author(s) holding exclusive copyright for the article;
Nonexclusive license – license not excluding the usage of the article by the Licenser and thereby granting license to other persons for using the article.
The Parties – the Licensee and the Licenser.
Other terms used in the present Agreement shall be defined in accordance with the law of Ukraine.
- SUBJECT MATTER
2.1. The Licenser grants the Licensee a Nonexclusive license with a right to use a Licenser’s article under conditions determined by the Agreement.
2.2. Under the Agreement, license to use the article shall be assigned as follows:
– reproduction of the article;
– including the article into the contents of bulletins, collections, monographs etc. published by the History Faculty of Taras Shevchenko National University of Kyiv with consent of the Licenser;
– dissemination of the article;
– publication of the article for the public to be able to get access thereto anytime from anywhere globally out of preference.
2.3. The Licenser is entitled to further use of article and to grant a Nonexclusive license therefore to the third party with consent of the Licensee and under condition of full reference on the «American History and Politics.
2.4. The Licenser shall not permit the use the article for commercial purposes.
- AGREEMENT ACCEPTANCE
3.1. For the Licensers who haven’t submitted their respective articles for publishing in the collection of papers «American History and Politics» before the publication of the present Agreement, the demonstration of full and complete acceptance of the present Agreement shall be the act of transmission by the Licenser to the Licensee of the Articles for publishing in the “American History and Politics” via e-mail, on any electronic media or otherwise. After the date of transmission, the Licenser automatically accepts the conditions of the present Agreement, therefore the Agreement shall be considered to have been concluded without signing in any single case. The date of transmission of an article shall be regarded as the date of conclusion of the Agreement.
3.2 For the Licensers who have submitted their respective articles for publishing in the collection of papers «American History and Politics» before the publication of the present Agreement, the demonstration of full and complete acceptance of the present Agreement shall be as follows:
– either not objecting the conditions of the present Agreement (tacit agreement) within to 30 days since the Agreement has been published. Otherwise (rejection of the terms of the present Agreement) the dissent shall be given to the Licensee by paper form within to 30 days since the Agreement has been published;
– or the fact of transmission by the Licenser of the new articles for publishing in the collection of papers «American History and Politics» via e-mail, on any electronic media or otherwise.
Subject to occurrence of one of the abovementioned circumstances, the Agreement shall be considered to have been concluded without signing in any single case. The date of publication of the Agreement shall be regarded as the date of conclusion thereof.
3.3. Upon written request of the Licenser, the Licensee shall grant thereto an authenticated Agreement.
- RESERVED RIGHTS
4.1. The Licenser is entitled to:
4.1.1. Inhibit the use of the Article by the Licensee (suspend the validity of a license granted under conditions of the present Agreement) in the case of use in breach of the copyright and the neighboring rights until such failure is remedied.
4.1.2. Define the volume of information composing the business secret or which is confidential in the light of the requirement to the legislation and claim the Licensee the nondisclosure thereof.
4.2. The Licensee is entitled to:
4.2.1. Inform the Licenser about the drawbacks revealed, verbally or written, and take measures to fix thereof.
4.2.2. Use the Article by the means contemplated in clause 2.2 of the Agreement.
4.2.3. Grant sub-licenses to the third parties to the extent of the rights reserved thereto by the Agreement.
4.2.4. Deliver a request and receive the information and documents possessed by the Licenser and related to the subject matter.
- LEGAL OBLIGATIONS OF PARTIES
5.1. The Licenser shall be obliged to:
5.1.1. Grant the Article so it can be used by the Licensee.
5.1.2. Timely deliver the information and documents possessed thereby and related to the subject matter and required to the execution of the Agreement to the Licensee.
5.1.3. Partake in holding actions and procedures required to the execution of the Agreement by the Licenser according to the Licensee`s request.
5.2. The Licensee shall be obliged to:
5.2.1. Use the Article under conditions defined by the Agreement.
5.2.2. Hold confidential any information composing the business secret or which is confidential.
5.2.3. Adhere to the personal non-property rights of the Licenser.
- TERM AND TERMINATION
6.1. The date of acceptance of the Agreement shall be defined in accordance with the Article 3 of the present Agreement.
6.2. The Agreement shall be concluded sine die.
6.3. The present Agreement shall be published on the collection of papers «American History and Politics`” site on March 10, 2016.
- LIABILITY OF THE PARTIES
7.1. The Licenser shall claim his or her ignorance of the rights of the third parties and of the possible breach thereof by granting the present license as of the time of concluding the Agreement.
7.2. In case of failure to properly fulfill the Agreement by the Licensee, the Licenser is entitled to withhold his or her performance thereof.
7.3. In case of repeated breach of the Agreement by the Licensee, the Licenser is entitled to abrogate the Agreement unilaterally and inform the Licensee thereabout not less than 30 days.
- ADJUDICATION OF DISPUTES
8.1. The Parties shall resolve the disputes through holding negotiations.
8.2. If it is found impossible to resolve the dispute through holding negotiations, such dispute can be appealed to the Court.
- CIRCUMSTANCES OF INSUPERABLE FORCE
9.1. The parties shall not be liable for the failure to properly fulfill the Agreement in case of the circumstances of insuperable force.
9.2. At the end of such circumstances the party which made a default in its obligations according to the Agreement shall fulfill them at fixed time.
9.3. The party shall not be entitled to refer to the circumstances of insuperable force, should they commence at the instant of delay of its respective obligations in accordance with the Agreement.
- COLLATERAL CONDITIONS
10.1. In case of change of the location and/or banking details, the Party shall inform the other in terms within less than 10 days of such change.
10.2. Any changes or amendments to the present Agreement shall be conditional upon their being written and signed by the Parties.
10.3. The parties shall be guided by the laws in force of Ukraine to resolve any not contracted issues.