Publication Agreement - Journal Article

The Corresponding Author (acting on behalf of all Authors) and INTECHOPEN  LIMITED, incorporated and registered in England and Wales with company number  11086078 and a registered office at 5 Princes Gate Court, London, United Kingdom,  SW7 2QJ conclude the following Agreement regarding the publication of a Journal  Article:

1. DEFINITIONS 

Corresponding Author: The Author of the Article who serves as a Signatory to this  Agreement. The Corresponding Author acts on behalf of any other Co-Author. Co-Author: All other Authors of the Article besides the Corresponding Author. IntechOpen: IntechOpen Ltd., the Publisher of the Journal. 

Journal: The publication as a collection of Articles compiled by IntechOpen .

Article: The original literary work created by Corresponding Author and any Co Author that is the subject of this Agreement.

2. CORRESPONDING AUTHOR'S GRANT OF RIGHTS 

2.1 Subject to the following Article, the Corresponding Author grants and shall  ensure that each Co-Author grants, to IntechOpen, during the full term of copyright  and any extensions or renewals of that term the following: 

• An irrevocable, worldwide, royalty-free, perpetual, transferable, sublicensable,  non-exclusive right to publish, communicate to the public, reproduce, republish,  transmit, sell, distribute and otherwise use and make available the Article in whole,  partial or adapted from and/or incorporated in or in conjunction with other works, in  electronic and print editions of the Publication and in derivative works and on any  platform owned and/or operated by IntechOpen, throughout the world, in all  languages, and in all media and formats now known or later developed.

• An irrevocable, worldwide, royalty-free, perpetual, transferable, sublicensable,  non-exclusive right to create and store electronic archival copies of the Article,  including the right to deposit the Article in open access digital repositories.

• An irrevocable, worldwide, royalty-free, perpetual, transferable, sublicensable,  non-exclusive right to license others to reproduce, translate, republish, transmit and  distribute the Article in whole, partial or adapted from and/or incorporated in or in  conjunction with other works under the condition that the Corresponding Author  and each Co-Author is attributed (currently this is carried out by publishing the  Article under a Creative Commons 4.0 International Licence). 

The aforementioned licenses shall survive the expiry or termination of this  Agreement for any reason.

2.2 The Corresponding Author (on their own behalf and on behalf of any Co-Author)  reserves the following rights to the Article but agrees not to exercise them in such a  way as to adversely affect IntechOpen's ability to utilize the full benefit of this  Publication Agreement: (i) reprographic rights worldwide, other than those which  subsist in the typographical arrangement of the Article as published by IntechOpen;  and (ii) public lending rights arising under the Public Lending Right Act 1979, as  amended from time to time, and any similar rights arising in any part of the world. The Corresponding Author confirms that they (and any Co-Author) are and will  remain a member of any applicable licensing and collecting society and any  successor to that body responsible for administering royalties for the reprographic  reproduction of copyright works. 

Subject to the license granted above, copyright in the Article and all versions of it  created during IntechOpen's editing process (including the published version) is  retained by the Corresponding Author and any Co-Author. 

Subject to the license granted above, the Corresponding Author and any Co-Author  retains patent, trademark and other intellectual property rights to the Article.

2.3 All rights granted to IntechOpen in this Article are assignable, sublicensable or  otherwise transferrable to third parties without the Corresponding Author's or any  Co-Author’s specific approval. 

2.4 The Corresponding Author (on their own behalf and on behalf of each Co Author) will not assert any rights under the Copyright, Designs and Patents Act 1988  to object to derogatory treatment of the Article as a consequence of IntechOpen's  changes to the Article arising from translation of it, corrections and edits for house  style, removal of problematic material and other reasonable edits.

3. CORRESPONDING AUTHOR'S DUTIES

3.1 When distributing or re-publishing the Article, the Corresponding Author agrees  to credit the Journal in which the Article has been published as the source of first  publication, as well as IntechOpen. The Corresponding Author warrants that each  Co-Author will also credit the Journal in which the Article has been published as the  source of first publication, as well as IntechOpen, when they are distributing or re publishing the Article. 

3.2 When submitting the Article, the Corresponding Author agrees to:

• Comply with all instructions and guidelines provided by IntechOpen;

• Produce the Article with all due skill, care and diligence, and in accordance  with good scientific practice; 

• Submit all the corrections in due time as defined during the publishing process  schedule. 

The Corresponding Author will be held responsible for the payment of the Article  Processing Charge. 

All payments shall be due 30 days from the date of the issued invoice. The  Corresponding Author or the payer on the Corresponding Author's and Co-Authors'  behalf will bear all banking and similar charges incurred. 

3.3 The Corresponding Author shall obtain in writing all consents necessary for the  reproduction of any material in which a third-party right exists, including quotations,  photographs and illustrations, in all editions of the Article worldwide for the full  term of the above licenses, and shall provide to IntechOpen upon request the  original copies of such consents for inspection (at IntechOpen's option) or  photocopies of such consents.

The Corresponding Author shall obtain written informed consent for publication  from people who might recognize themselves or be identified by others (e.g. from  case reports or photographs). 

3.4 The Corresponding Author and any Co-Author shall respect confidentiality rights  during and after the termination of this Agreement. The information contained in all  correspondence and documents as part of the publishing activity between  IntechOpen and the Corresponding Author and any Co-Author are confidential and  are intended only for the recipient. The contents may not be disclosed publicly and  are not intended for unauthorized use or distribution. Any use, disclosure, copying,  or distribution is prohibited and may be unlawful.

4. CORRESPONDING AUTHOR'S WARRANTY 

4.1 The Corresponding Author represents and warrants that the Article does not and  will not breach any applicable law or the rights of any third party and, specifically,  that the Article contains no matter that is defamatory or that infringes any literary or  proprietary rights, intellectual property rights, or any rights of privacy. The  Corresponding Author warrants and represents that: (i) the Article is the original  work of themselves and any Co-Author and is not copied wholly or substantially  from any other work or material or any other source; (ii) the Article has not been  formally published in any other peer-reviewed journal or in a Journal or edited  collection, and is not under consideration for any such publication; (iii) they  themselves and any Co-Author are qualifying persons under section 154 of the  Copyright, Designs and Patents Act 1988; (iv) they themselves and any Co-Author  have not assigned and will not during the term of this Publication Agreement  purport to assign any of the rights granted to IntechOpen under this Publication 

Agreement; and (v) the rights granted by this Publication Agreement are free from  any security interest, option, mortgage, charge or lien. 

The Corresponding Author also warrants and represents that: (i) they have the full  power to enter into this Publication Agreement on their own behalf and on behalf of  each Co-Author; and (ii) they have the necessary rights and/or title in and to the  Article to grant IntechOpen, on behalf of themselves and any Co-Author, the rights  and licenses expressed to be granted in this Publication Agreement. If the Article  was prepared jointly by the Corresponding Author and any Co-Author, the  Corresponding Author warrants and represents that: (i) each Co-Author agrees to  the submission, license and publication of the Article on the terms of this Publication  Agreement; and (ii) they have the authority to enter into this Publication Agreement  on behalf of and bind each Co-Author. The Corresponding Author shall: (i) ensure  each Co-Author complies with all relevant provisions of this Publication Agreement,  including those relating to confidentiality, performance and standards, as if a party  to this Publication Agreement; and (ii) remain primarily liable for all acts and/or  omissions of each such Co-Author. 

The Corresponding Author agrees to indemnify and hold IntechOpen harmless  against all liabilities, costs, expenses, damages and losses and all reasonable legal  costs and expenses suffered or incurred by IntechOpen arising out of or in  connection with any breach of the aforementioned representations and warranties.  This indemnity shall not cover IntechOpen to the extent that a claim under it results  from IntechOpen's negligence or willful misconduct. 

4.2 Nothing in this Publication Agreement shall have the effect of excluding or  limiting any liability for death or personal injury caused by negligence or any other  liability that cannot be excluded or limited by applicable law.

5. TERMINATION 

5.1 IntechOpen has a right to terminate this Publication Agreement for quality,  program, technical or other reasons with immediate effect, including without  limitation (i) if the Corresponding Author or any Co-Author commits a material  breach of this Publication Agreement; (ii) if the Corresponding Author or any Co Author (being an individual) is the subject of a bankruptcy petition, application or  order; or (iii) if the Corresponding Author or any Co-Author (being a company)  commences negotiations with all or any class of its creditors with a view to  rescheduling any of its debts, or makes a proposal for or enters into any compromise  or arrangement with any of its creditors. 

In case of termination, IntechOpen will notify the Corresponding Author, in writing,  of the decision.

6. INTECHOPEN’S DUTIES AND RIGHTS 

6.1 Unless prevented from doing so by events outside its reasonable control,  IntechOpen, in its discretion, agrees to publish the Article attributing it to the  Corresponding Author and any Co-Author. 

6.2 IntechOpen has the right to use the Corresponding Author’s and any Co-Author’s  names and likeness in connection with scientific dissemination, retrieval, archiving,  web hosting and promotion and marketing of the Article and has the right to contact  the Corresponding Author and any Co-Author until the Article is publicly available on  any platform owned and/or operated by IntechOpen. 

6.3 IntechOpen is granted the authority to enforce the rights from this Publication  Agreement, on behalf of the Corresponding Author and any Co-Author, against third  parties (for example in cases of plagiarism or copyright infringements). In respect of  any such infringement or suspected infringement of the copyright in the Article, 

IntechOpen shall have absolute discretion in addressing any such infringement which  is likely to affect IntechOpen's rights under this Publication Agreement, including  issuing and conducting proceedings against the suspected infringer.

7. MISCELLANEOUS 

7.1 Further Assurance: The Corresponding Author shall and will ensure that any  relevant third party (including any Co-Author) shall, execute and deliver whatever  further documents or deeds and perform such acts as IntechOpen reasonably  requires from time to time for the purpose of giving IntechOpen the full benefit of  the provisions of this Publication Agreement. 

7.2 Third Party Rights: A person who is not a party to this Publication Agreement  may not enforce any of its provisions under the Contracts (Rights of Third Parties)  Act 1999. 

7.3 Entire Agreement: This Publication Agreement constitutes the entire agreement  between the parties in relation to its subject matter. It replaces and extinguishes all  prior agreements, draft agreements, arrangements, collateral warranties, collateral  contracts, statements, assurances, representations and undertakings of any nature made by or on behalf of the parties, whether oral or written, in relation to that  subject matter. Each party acknowledges that in entering into this Publication  Agreement it has not relied upon any oral or written statements, collateral or other  warranties, assurances, representations or undertakings which were made by or on  behalf of the other party in relation to the subject matter of this Publication  Agreement at any time before its signature (together "Pre-Contractual Statements"),  other than those which are set out in this Publication Agreement. Each party hereby  waives all rights and remedies which might otherwise be available to it in relation to  such Pre-Contractual Statements. Nothing in this clause shall exclude or restrict the liability of either party arising out of its pre-contract fraudulent misrepresentation or  fraudulent concealment. 

7.4 Waiver: No failure or delay by a party to exercise any right or remedy provided  under this Publication Agreement or by law shall constitute a waiver of that or any  other right or remedy, nor shall it preclude or restrict the further exercise of that or any other right or remedy. No single or partial exercise of such right or remedy shall  preclude or restrict the further exercise of that or any other right or remedy.

7.5 Variation: No variation of this Publication Agreement shall be effective unless it is  in writing and signed by the parties (or their duly authorized representatives).

7.6 Severance: If any provision or part-provision of this Publication Agreement is or  becomes invalid, illegal or unenforceable, it shall be deemed modified to the  minimum extent necessary to make it valid, legal and enforceable. If such  modification is not possible, the relevant provision or part-provision shall be deemed  deleted. 

Any modification to or deletion of a provision or part-provision under this clause  shall not affect the validity and enforceability of the rest of this Publication  Agreement. 

7.7 No partnership: Nothing in this Publication Agreement is intended to, or shall be  deemed to, establish or create any partnership or joint venture or the relationship of  principal and agent or employer and employee between IntechOpen and the  Corresponding Author or any Co-Author, nor authorize any party to make or enter  into any commitments for or on behalf of any other party. 

7.8 Governing law: This Publication Agreement and any dispute or claim (including  non-contractual disputes or claims) arising out of or in connection with it or its  subject matter or formation shall be governed by and construed in accordance with the law of England and Wales. The parties submit to the exclusive jurisdiction of the  English courts to settle any dispute or claim arising out of or in connection with this  Publication Agreement (including any non-contractual disputes or claims).