Electronic licence agreement for the use of a work under open access terms

The Author and co-authors who are authors of the Work (hereinafter referred to as the “Work”), hereinafter collectively referred to as the “Licensor(s)”, on the one part, and the Mykhailo Ptoukha Institute for Demography and Life Quality Research of the National Academy of Sciences of Ukraine, represented by its Director, Ella Marlenivna Libanova, acting pursuant to the Statute, hereinafter referred to as the “Licensee”, on the other part, hereinafter collectively referred to as the “Parties”, intending to publish the Work in the scientific journal “Demography and Social Economy” (hereinafter referred to as the “Publication”), published by the Akademperiodyka Publishing House of the National Academy of Sciences of Ukraine, and taking into account that this Agreement is a licence agreement concluded pursuant to Articles 48, 50 and 51 of the Law of Ukraine “On Copyright and Related Rights” and Articles 444 and 1107–1110 of the Civil Code of Ukraine, hereby enter into this Agreement as follows:

  1. SUBJECT MATTER OF THE AGREEMENT

1.1. The Licensor(s) grants/grant the Licensee permission to reproduce and publish a copy of the Work in electronic (digital) and/or other form in the journal “Demography and Social Economy” (hereinafter referred to as the “Publication”), published by the Akademperiodyka Publishing House of the National Academy of Sciences of Ukraine, in accordance with the publication rules of the Publication established by the Licensee.

The Licensor(s) confirms/confirm that they have not granted and will not grant any other publisher permission to reproduce and publish a copy of the Work, and that the economic intellectual property rights in the Work have not been and will not be transferred to any other persons and licences for the use of the Work have not been and will not be granted to any other persons, except as expressly provided for by this Agreement.

1.2. The Licensee shall carry out the editorial and publishing processing of the Work, publish the Work, and communicate it to the public by placing an electronic (digital) copy of the Work on the web resource of the Publication and providing interactive access to it via the Internet and/or other interactive networks.

1.3. Following publication of the Work, its further use by the Licensor(s) and other users shall be governed by the terms of the Creative Commons open licence, the type of which is determined by the Regulation on Open Science at the National Academy of Sciences of Ukraine, approved by Resolution No. 350 of the Presidium of the National Academy of Sciences of Ukraine dated 12 June 2024, namely:

Creative Commons Attribution — NonCommercial — NoDerivatives 4.0 International (CC BY-NC-ND 4.0) — “Attribution — NonCommercial — NoDerivatives 4.0 International”.

The said licence permits the reproduction and distribution of the Work provided that attribution is given, the use is for non-commercial purposes, and no modifications are made to the Work. The terms of the licence are available at:

https://creativecommons.org/licenses/by-nc-nd/4.0/legalcode.uk

1.4. The ways in which the Work may be used shall be determined by the terms of the Creative Commons licence specified in Clause 1.3 of this Agreement.

1.5. The territory of use of the Work shall be worldwide.

1.6. The term of the licence specified in Clause 1.3 of this Agreement shall correspond to the term of protection of the economic intellectual property rights in the Work, unless otherwise provided by the terms of the respective licence or by the legislation of Ukraine.

  1. REPRESENTATIONS AND WARRANTIES

2.1. The Licensor(s) represents/represent and warrants/warrant that:

  1. a) with respect to the Work:
  • the Work is an original result of the creative activity of the Licensor(s), who is/are its author(s);
  • the Work has been read and approved by all authors; only persons who have made a substantial contribution to the creation of the Work are listed as authors; the order in which the authors are listed has been agreed upon by all co-authors;
  • the Work has not previously been published;
  • the Work has not been simultaneously submitted to another scientific publication and will not be submitted to another publication during the period of its consideration and preparation for publication in the Publication;
  • the Work has not been communicated to the public prior to its submission to the Publication, except as permitted by the legislation of Ukraine and the editorial policy of the Publication;
  • the Work does not contain restricted-access information, confidential information, state, commercial or other legally protected secrets, or know-how, unless otherwise expressly permitted by law and the terms governing the use of such information;
  • the Work does not contain knowingly false, unfounded or unlawful statements;
  1. b) any copyright-protected works and/or other intellectual property objects of third parties used in the Work have been used on lawful grounds and with due compliance with the requirements concerning citation and identification of sources;
  2. c) where the Work was created in the performance of employment duties or under a commissioned work arrangement, the Licensor has the necessary rights and authority to enter into this Agreement;
  3. d) where publication of the Work created in connection with the performance of employment duties or under a contract requires the approval of an employer or another person, such approval has been obtained;
  4. e) there is no conflict of interest in relation to the Work that may affect the reliability, objectivity or interpretation of the research results; where such a conflict exists, the Licensor(s) shall notify the editorial board of the Publication.
  5. OTHER TERMS

3.1. The copy of the Work approved by the Licensor(s) and accepted for publication in the Publication shall constitute an integral part of this Agreement.

3.2. Any amendments to the Work during its editorial and publishing processing shall be made with the approval of the Licensor(s), except for editorial, stylistic, technical and other changes necessary to bring the Work into compliance with the requirements of the Publication.

3.3. Where the Work is published together with a link to research data, the Agreement shall specify the relevant hyperlink and/or DOI, as well as the title of and link to the respective dataset.

3.4. When citing the published Work, the Licensor(s) shall use the bibliographic information relating to the Work and the relevant hyperlink and/or DOI.

3.5. In the published copy of the Work, the information about the publisher of the Publication — Akademperiodyka Publishing House of the National Academy of Sciences of Ukraine — shall be indicated after the copyright symbol ©.

3.6. The Licensor(s) consents/consent to the processing of personal data necessary for the conclusion and performance of this Agreement in accordance with the legislation of Ukraine. Personal data may be processed and made public to the extent necessary for the identification of the authors, preparation of bibliographic information about the Work, its publication and indexing, and provision of access to it in accordance with the policy of the Publication and the legislation of Ukraine.

3.7. Where the Work has been created by co-authors, the Parties agree that the author on whose behalf the Work is submitted to the Publication through the OJS system shall be an authorised representative of all co-authors for the purposes of submitting the Work, communicating with the editorial board of the Publication, carrying out organisational actions related to the editorial preparation and publication of the Work, as well as entering into and performing this Agreement with respect to the joint rights and obligations of the co-authors.

By clicking the “Submit Article” button in the OJS system, the author confirms their acceptance of the terms of this Agreement and confirms that they have the authority to act on behalf of all co-authors within the scope defined by this Agreement.

  1. CONTRIBUTION OF CO-AUTHORS TO THE WORK

4.1. The Licensor(s) confirms/confirm that all persons listed as authors of the Work have made a substantial contribution to its creation. Persons who have not participated in the creation of the Work shall not be listed as its authors.

4.2. Ghostwriting and honorary or guest authorship shall not be permitted.

  1. LIABILITY OF THE PARTIES

5.1. The Parties shall be responsible for the proper performance of this Agreement and compliance with the requirements of the legislation of Ukraine in the field of copyright and related rights.

5.2. The Licensor(s) shall be liable for the accuracy of the representations and warranties provided for by this Agreement, as well as for infringements of the intellectual property rights of third parties, unlawful use of restricted-access information, and other violations committed through the fault of the Licensor(s), in the cases and to the extent provided by the legislation of Ukraine.

5.3. All disputes and disagreements arising in connection with the performance of this Agreement shall be resolved by the Parties through negotiations. If no agreement is reached, the dispute shall be resolved in accordance with the legislation of Ukraine.

  1. TERM OF THE AGREEMENT AND TERMINATION

6.1. This Agreement shall enter into force upon the electronic acceptance of its terms by the author who submits the Work through the OJS system on behalf of all co-authors and shall remain in force for the duration of the economic intellectual property rights in the Work, unless otherwise provided by this Agreement or the legislation of Ukraine.

6.2. If this Agreement has been electronically accepted but the Work is not accepted for publication in the Publication following editorial and/or independent peer review, the Agreement shall terminate on the date on which the Licensor(s) is/are notified of the rejection of the Work for publication by electronic means of communication specified when the Work was submitted through the OJS system.

6.3. Termination of this Agreement shall not affect the lawfulness of any use of the Work carried out prior to the termination of the Agreement, unless otherwise provided by the legislation of Ukraine or the terms of the respective Creative Commons licence.