PUBLISHING LICENCE AGREEMENT
Contracting Parties:
1)University of West Bohemia
Represented by:prof. RNDr. Tomáš Kaiser, DSc.
Vice-Rector for Research and Development
Address:Univerzitní 8, Plzeň, PC 306 14
Identification Number:49777513
Tax Identification Number:CZ49777513
Bank:KB Plzeň
Account Number:4811530257/0100
(hereinafter referred to as the “Provider”)
and
2)......
Address:......
Identification Number/Date of birth:......
Bank:......
Account Number:......
Tel.:......
(hereinafter referred to as the “Acquirer”)
concluded, pursuant to the provisions of Article 2358 et seq. of Act no. 89/2012 Coll., the Civil Code, as amended, on the day, month and year specified below,
thePublishing License Agreement:
Article I
Subject of Agreement
1)The Provider provides the Acquirer, free of charge, an exclusive worldwide license to reproduce and distribute the published written work, which is a work titled...... by the author...... (hereinafter referred to as the “Work”).
2)The Provider declares that the Work is an employee’s work under the provision of Article 58 of Act no. 121/2000 Coll., Copyright Act, as amended (hereinafter referred to as the "Copyright Act"), and that the Provider is the executor of the copyright to the Work. The Provider also declares that the use of the Work under this Agreement will not infringe any rights of third Parties or any legal regulation. The Provider is liable for any damage that would occur to the Acquirer,should this declaration be untrue.
Article II
Conditions for the Use of the Work
1)The Provider provides the Acquirer a license under this Agreement as exclusive, i.e. the the Acquirer must not provide the same license to any third Party and is obliged to refrain from exercising the right to use the work in the way for which the Providergrants the license. If the Provider provides, during the period of the exclusive license under this Agreement, a license to a third Party for the same use of the Work, such Agreement will be void unless the Acquirer grants a prior written approval for its conclusion.
2)The licence is granted free of charge.
3)The Acquirer is not entitled to modify or otherwise alter the Work, its title or the designation of the Provider.
4)The Provider agrees to submit the manuscript of the Work to the Acquirer not later than......
5)The length of the Work is set at around ...... standard pages of text. The Licensee undertakes to issue the Work in ...... copies in the Czech language not later than......
6)The format, layoutand binding will be subject to an agreement between the Contracting Parties.
7)Beyond the number specified in this provision, the Acquirer is entitled, under this license, to issue another...... copies, at the most, for promotional or reviewing purposes, and as compulsory, original and archival copies.
8)The Acquirer agrees to allow a reasonable period of time prior to issuing the work in order to make author's corrections.
9)The Licensee further agrees to note, in the publication, a copyright notice in the form of:
© Západočeská univerzita v Plzni, ......
10)The Licensee undertakes to immediately inform the Provider about publication of the Work, the number of issued or subsequently printed copies and their recommended price.
11)The Acquirer agrees to hand over ...... author’s copies to the Provider, within 15 days following the date of the publishing of the Work.
12)The Acquirer is obliged, while publishing and distributing the Work, to proceed so as not to endanger or damage the reputation of the Provider.
13)The Acquirer submits/delivers obligatory copies and fulfills the legal offering obligation.
14)The licence is granted for the period of...... years.
Article III
Withdrawal
1)If the Acquirer fails to fulfill its commitment to publish the Work within a specified period, specified range and quality, the Provider is entitled to withdraw from the Agreement. In the case of withdrawal, the Acquirer is obliged to return the manuscript to the Provider.
Article IV
Final Provisions
1)Acquirer notes that Provider is a subject legally bound to publish its contracts pursuant to Act no. 340/2015 Coll., and if a contract meets the requirements for publication stipulated by the law, Provider will publish any such contract in the register of contracts.
2)A contract comes into force upon its conclusion, i.e. on the date of the contract signature by the authorized representatives of both contractual parties. In the case of a contract that is subject to publication in the register of contracts pursuant to Act no. 340/2015 Coll., such a contract takes effect only on the day of its publication in the register of contracts.
3)This agreement is governed by Czech law and disputes arising from this agreement will be dealt exclusively by Czech courts.
4)This Agreement and the rights and obligations not explicitly stipulatedby this Agreement andresulting from this Agreement or in connection with it are governed by Act no. 89/2012 Coll., the Civil Code, as amended, and the provisions of Law no. 121/2000 . the Copyright Act, as amended.
5)In the event that any provision of this Agreement is or becomes ineffective, the remaining provisions of this Agreement shall remain effective. The Contracting Parties undertake to replace the ineffective provision hereof by another effective provision whose content and intent corresponds best to the content and intent of the original provision, which is ineffective.
6)Any changes to this Agreement can only be made in the form of written supplements dated and signed by authorized representatives of both Contracting Parties.
7)The Contracting Parties declare that they have read this Agreement before signing it and that it was concluded after mutual discussion according to their true and free will, definitely, seriously and comprehensibly.
8)This Contract is made out in two identical copies, each of which has the force of the original; each Contracting Party shall receive one copy.
In Pilsen on…………………….In Pilsen on…………………….
………………………………….…………………………………..
prof. RNDr. Tomáš Kaiser, DSc.…………………………………..
Vice-Rector for Research and Development
University of West Bohemia