Accession agreement on the publication of an article in the journal "Clinical and Preventive Medicine"
State Institution of Scientific "Research and Practical Center of Preventive and Clinical Medicine" State Administrative Department (hereinafter - the Contractor, Licensee), which is a budget non-profit institution, represented by Director Dyachuk Dmytro Dmytrovych, acting based on the Statute, on the one hand,
a natural person who has applied to the Contractor for publication in the journal "Clinical and Preventive Medicine" (hereinafter - the Journal) of the article, the author of which he is (hereinafter - the Author, Customer, Licensor), on the other hand, (hereinafter referred to as - the Parties, and each separately - the Party), have entered into this Agreement on the provision of services for the publication of materials (articles) in the journal "Clinical and Preventive Medicine" (hereinafter - the Agreement) on the following:
1.1. Under Article 634 of the Civil Code of Ukraine, the terms of this Agreement are set by the Contractor, and it can be concluded only by joining the other party to the terms of this Agreement as a whole.
1.2. The acceding party not may offer its terms of the contract.
1.3. By submitting the Article to the Contractor, the Author unconditionally agrees to the terms of this Agreement.
- The subject matter of the Agreement
2.1. Under this agreement, the Author (Licensor) on a gratuitous basis for 10 (ten) years (but not more than the term of his copyright), provides the Contractor (Licensee) and third parties, independently engaged by the Contractor for performing individual works to provide services under this Agreement, non-exclusive right under the legislation of Ukraine and the provisions of this Agreement to use the Article created by the Author for publication in the journal "Clinical and Preventive Medicine" (hereinafter - the Journal) and on the website of the Journal.
2.2. Licensor warrants that:
2.2.1) it owns the copyright to the Article transferred to Licensee;
2.2.2) the work (article), the rights to use which are transferred to the Licensee under this agreement is the original manuscript;
2.2.3) the work (article), the rights to which he transfers to the Licensee under this agreement previously officially (namely under a formally concluded agreement) will not be transferred to anyone for reproduction and other use. If the work has already been published, Licensor must notify Licensee.
2.3. The Licensor transfers the rights to the Licensee under this agreement based on a non-exclusive license.
2.4. The possibility of using the materials of the Journal by third parties is regulated by the Creative Commons Attribution 4.0 International License CC-BY-NC, which allows third parties to spread the Article with recognition of its authorship and first publication in the Journal.
The territory in which the use of the rights to the Article is allowed is not limited.
- Rights and Оbligations of the Parties
3.1. The Licensor grants the Licensee for 10 (ten) years the right to use the Articles, which include, but are not limited to:
3.1.1) reproduction of the Article or its separate part (publishing, proclamation, duplication, distribution, as well as the implementation of any other copying) in any material form without restrictions, including paper and electronic media in the form of a separate work in scientific publications and / or databases of the Contractor and / or other persons, at the discretion of the Contractor;
3.1.2) reviewing, editing, shortening, reworking or finalizing the text of the Article or image on electronic, paper or any other media, subject to the agreement of the amendments with the Author;
3.1.3) distribution and proclamation, processing and systematization of the Article or its separate part in Ukrainian, Russian and English in any medium as part of scientific publications and / or databases of the Contractor or other persons, at the discretion of the Contractor, or in in the form of an independent manuscript around the world;
3.1.4) bringing the Article or a separate part of it to the public in such a way that any person can access the Article from any place and at any time of their choice (including via the Internet);
3.1.5) placement of materials and metadata of the Article in scientific databases and information systems at the discretion of the Contractor without the consent of the Author;
3.1.6) organization of assignment of the Article to the Digital Object Identifier (DOI);
3.2. The Licensee, by its efforts or with the involvement of third parties, provides the Licensor with a range of services to prepare for the publication and publication of the Article in the Journal.
3.3. When submitting the Article, the Licensor must strictly follow the guide for authors set out on the Licensee's website.
3.4. Licensee promotes free access to all articles immediately after publication.
3.5. Licensor, in connection with this Agreement, reserves the right to enter into separate contractual arrangements relating to the non-exclusive distribution of a version of the article regarding its original publication in the Journal.
3.6. Licensor has the right to post Articles on the Internet before and during the process of review by Licensee, as this will facilitate productive discussion and more links to this work.
3.7. The Licensee undertakes to respect the copyrights, the rights of the Licensor provided by the current legislation, and also to carry out their protection and to take all possible measures for prevention of their infringement by the third parties
- Financial issues
4.1. The rights transferr by the Author to the Contractor free of charge and the Articles are published in the Journal and do not entail any financial deductions for the Author.
4.2. The author does not pay for the submission, editing, processing and publication of Article in the journal.
- Liability of the Parties
5.1. During the term of the Agreement, the Contractor shall not be liable for unauthorized use of data provided by the Author by third parties.
5.2. The Parties shall be liable for non-performance or improper performance of their obligations under the Agreement under the current legislation of Ukraine.
5.3. All information provided by the Customer must be accurate. The Customer is responsible for the accuracy and completeness of the information provided to the Contractor. When using unreliable information received from the Customer, the Contractor shall not be liable for negative consequences caused by his Customer based on the provided unreliable information.
5.4. The author is responsible for the accuracy of the facts, quotations, calculations, conclusions, references to the legislation of Ukraine, official documentation and (or) for the scientific validity of the work. The author is liable to third parties who have claimed their rights to the Article.
5.5. The Contractor is not liable under the Agreement for:
5.5.1) any actions that are a direct or indirect result of the actions of the Author (Authors);
5.5.2) any losses of the Author, regardless of whether the Contractor could have foreseen the possibility of such losses or not.
5.6. The parties are released from liability for violation of the terms of the Agreement, if such violation is caused by force majeure (force majeure), including: actions of public authorities (including the adoption of legal acts), fire, flood, earthquake, other natural disasters, lack of electricity and / or computer network failures, strikes, civil unrest, riots, any other circumstances.
5.7. The author guarantees that the text of the Article does not contain technical or software modifications aimed at the incorrect operation of text analysis systems for the presence of borrowings (artificial overestimation of the percentage of originality by technical or software means). If the Contractor finds such modifications, the Article sent by the Author shall not be published, the Contractor's services shall be deemed to have been performed in full. If modifications are found after the publication of the Article, it shall be immediately withdrawn from publication with notice of this fact to all interested parties.
5.8. Termination of the Agreement for any reason does not release the Parties from liability for breach of the terms of the Agreement that arose during its term.
- The procedure for amending and terminating the Agreement
6.1. The Contractor has the right to unilaterally change the terms of this Agreement by posting the amended text of the agreement on the website of the Contractor. The changes take effect from the moment the text of the Agreement is posted on the Contractor's website.
6.2. In case of disagreement of the Author with changes in the terms of this Agreement, the Author has the right to send the Contractor notice of withdrawal from this Agreement. In the absence of a written notice from the Author within 10 working days from the date of posting the new text of the contract on the website of the Contractor, the changes are considered accepted by the Author, and the Agreement continues to operate with changes.
6.3. This Agreement may be terminated early:
6.3.1) by agreement of the Parties at any time;
6.3.2) on other grounds provided by this Agreement and the legislation of Ukraine.
6.4. Refusal to fulfil the Offer Agreement after the Contractor accepts the Article for publication in the Collection is not possible.
- Validity of the Agreement
7.1. This Agreement shall take effect upon submission of the Article to the Journal.
7.2. If the Contractor decides not to publish the Article in the Journal, this Agreement shall cease to be valid for the Customer.
7.3 If the Article is provided by the Author in violation of the rules and requirements of this Agreement, the Contractor, at its discretion, has the right to return the materials to the Author for revision or refuse to publish.
7.4. The decision to refuse to publish or send materials for revision is sent to the Author to the e-mail address specified when submitting the Article.
- ADDRESS, DETAILS OF THE CONTRACTOR
State Institution of Scientific "Research and Practical Center of Preventive and Clinical Medicine" State Administrative Department, 01014, Ukraine, Kyiv, Verhnia st., 5
EDPNOU (National State Registry of Ukrainian Enterprises and Organizations) 05415786