Agreement on making Material
Publicly Available under a
Creative Commons license

This document constitutes a binding agreement between
_________________________________
(hereafter "Publisher"), and
_________________________________
(hereafter "Creator"),
regulating the right to make publicly available and share the material listed below (collectively hereafter referred to as “Material”) under a Creative Commons license.

Whereas, the Creator desires the Publisher to make the Author's Material publicly available under a Creative Commons license, and the Publisher desires to make the Material publicly available under said license, the parties agree by their signatures to the agreement set out in this document and the specified attachment.

Specification of Material

The Material covered by this agreement is specified in Attachment 1. This attachment shall always be attached to this agreement, and shall be signed by the Publisher and the Creator.

This attachment shall also specify the media and format of the Material, and how and when the Material shall be delivered to the Publisher.

Deliverable

The Creator shall provide the publisher with an electronic copy of the Material as described in Attachment 1. This electronic copy shall not be protected by effective technological measures that may prevent the Publisher from gaining access to the Material.

Creator's warranties

By signing this agreement, the Creator warrants to the Publisher that:

  1. The Material is not in the public domain and the Creator is the sole owner and copyright holder of the work with full power to enter into this agreement.
  2. If the Material has been previously published in whole or part, the Creator currently holds all copyrights to the Material and is legally permitted to enter this agreement.
  3. The Material does not infringe upon any copyright or proprietary right, common law or statutory law, and does not contain any material of libellous or defamatory nature.
  4. The Material is free and clear of any counts of libel, plagiarism, breach of privacy or misrepresentation of facts.
  5. The Creator releases the Publisher from any responsibilities relating to any legal actions incurred by the contents of the Material or the Creator.
  6. This representations contained herein are true on the date of the signing of this agreement.

Making the Material publicly available

This agreement entails a right, but not an obligation, for the Publisher to make the material publicly available as part of an archive or a database in the way that seems most appropriate for the Publisher. Appropriate platforms for making the Material publicly available may be a web-site or a CD-ROM that provides public access to the Material, and where the Material can be searched, data-mined, downloaded, and copied.

If and when this archive or database is made publicly available, it, as a whole, shall be regarded as a collection composed of contributions from several Creators.

If and when the Material is made publicly available as part of the Publisher's archive or database, the Publisher warrants that the Creator's name and an appropriate copyright notice will appear in conjunction with the Material, as follows:

To enhance the usability of the Material, it may be tagged, or otherwise associated with metadata. However, metadata or tags shall not be used for derogatory purposes, or in a manner which would be prejudicial integrity of the Material or to the Creator's honour or reputation. In the event that the Creator objects to the use of tags or metadata, or the material is adapted and the Creator objects to the adaption, the Publisher must remove any attribution information associating the Creator with the Material to the extent reasonably practicable.

Indication of Creative Commons license choice

The Material shall be made publicly available under the Creative Commons license indicated below with a tick-mark (tick only one box):

The terms and conditions for making the material publicly available is the terms conditions set out in the Creative Commons license indicated above.

Making the Material publicly available under the license indicated above entails an absolute right for third parties to copy and adapt the Material as long as authorship is attributed the Creator. However this agreement and the indicated license do not interfere with the Creators right to make use of the Material for other purposes.

Applicable Laws

This agreement shall be interpreted according to the laws and statutes of ______________________________________.

Any litigation relating to this agreement shall be pursued in the jurisdiction named in the preceding paragraph.

Severability

If any provision of this agreement is deemed unenforceable, it shall to the extent possible be automatically reformed to the minimum extent necessary to make it enforceable. If the provision cannot be reformed, it shall be severed from this agreement without affecting the enforceability of the remaining terms and conditions.

Entire agreement

This agreement taken together with the Creative Commons license indicated above hereby constitutes the entire agreement between Publisher and Creator and supersedes all previous agreements regarding the Material, whether oral or in writing. Modification of this agreement may only occur in writing, signed by both parties.


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Publisher's signature

___________
Date

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Creator's signature

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Date





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