License agreement on the right to use the article in the Niva Povolzhya and the Volga Region Farmland scientific journals, which founder is Federal State Budgetary Educational Institution of Higher Education Penza State Agrarian University

 Penza                                                                                                                                                                                                                                                        «     »               20       

                                                                                                                                                                                                                                                                  ,

(Full name)

hereinafter referred to as the Author1 (Speaking on behalf of a group of authors, it is necessary to have powers of attorney from all co-authors. Otherwise, all co-authors are indicated in the Agreement and sign it. The power of attorney can be issued in the form of an agreement in accordance with part 3 of Art. 1229 of the Civil Code), on the one hand, and the Federal State Budgetary Educational Institution of Higher Education Penza State Agrarian University, represented by the rector Oleg Nikolayevich Kukharev, who is the editor-in-chief of the Niva Povolzhya and the Volga Region Farmland scientific journals, acting on the basis of the Rules, hereinafter referred to as the Licensee, on the other hand, collectively referred to as the Members, have concluded this Agreement (hereinafter - the Agreement) as follows:

1.   SCOPE OF THE AGREEMENT

1.1. The Author provides the Licensee, within the limits provided for by this Agreement, the right to use his previously unpublished scientific article «                                                                                                    »
in Russian (hereinafter referred to as the Article), in the Niva Povolzhya and the Volga Region Farmland scientific journals (hereinafter referred to as the Journal)
1.2. his Agreement is made with conditions precedent in accordance with Article 157 of the Civil Code of the Russian Federation. The rights and obligations of this Agreement (with the exception of the Author’s responsibility to provide the original scientific article on a tangible medium in accordance with the clause 2.2 of the Agreement) arise subject to the approval of the Article by the editor-in-chief (editorial board) of the Journal for publication. Within five working days from the date of the decision, the author shall be notified in writing or by e-mail of the approval of the article for publication or of the refusal to publish the Article.
1.3. The Licensee may use the Article only to the extent of those rights and in the ways provided for by the Agreement. The right to use the Article, not directly specified in the Agreement, is not considered granted to the Licensee.
1.4. The Author grants the Licensee an exclusive license to use the Article in the following ways:
-    reproduction of the Article in any material form, including on paper and/or electronic media as a separate work and/or as part of the Journal, and/or databases of the Licensee and/or other persons, at the discretion of the Licensee (reproduction right);
-    distribution of copies of the Article or other alienation of its original or copies, including on paper and/or electronic media in the form of a separate work and/or as part of the Journal, and/or databases of the Licensee and/or other persons, at the discretion of the Licensee (distribution right);
-    publication of the Article in the public domain (the right for publication in the public domain).
The Author authorizes the use of the Article by the Licensee throughout the world.
The Author transfers the right under this agreement free of charge.
The Author gives prior consent to the Licensee for the transfer of the Article materials for editorial and publishing preparation, for reviewing it, for scientific, literary and artistic-technical editing, production and/or processing of illustrative material.
1.5. The Agreement is valid for the entire duration of the exclusive right.
1.6. The Author who submited the work for the use under the Agreement is considered to have agreed to the publication of this work, by virtue of clause 2 of Article 1268 of the Civil Code of the Russian Federation.

2.   RIGHTS AND OBLIGATIONS OF THE PARTIES

2.1. The Licensee undertakes:
-    in accordance with Article 1287 of the Civil Code of the Russian Federation, to start using the work on time, which is usual for this type of work and the way it is used, counted from the decision of the editor-in-chief of the Journal on accepting the Article for publication. The deadline for using the Article by its publishing is determined in accordance with the frequency of the Journal. The frequency of the Journal is indicated in the output of the publication of each issue of the Journal;
-    not to make changes, reductions and additions to the Article without the written consent of the Author, including its name and the designation of the name of the Author, as well as not to supply the Article without the author’s consent with illustrations, forewords, afterwords, comments and any explanations;
-    not to make changes, reductions and additions to the Article without the written consent of the Author, including its name and the designation of the name of the Author, as well as not to supply the Article without the author’s consent with illustrations, forewords, afterwords, comments and any explanations.
2.2. The Author undertakes:
-    to provide in physical media (electronic media, e-mail) the original scientific article in Russian no later than the date of conclusion of the Agreement;
-    to make corrections of spelling, syntactic, stylistic, editorial and factual errors indicated by the Licensee’s editor and corrector, indicated by reviewers and accepted by the Editorial Board of the Journal, into the text of the Article in the process of preparing the Article for publication. The Author has the right not to take into account comments that distort the meaning of the Article and the general intention of the Author;
-   to read the proof-reading of the Article within the time limits established in accordance with the frequency of the Journal. The frequency of the Journal is indicated in the output of the publication of each issue of the Journal;
-   to amend the Articles as a result of the need to correct errors made in the original Articles and/or to make factual and opportunistic corrections.
2.3. The Author has the right, prior to the actual publication of the Article, to abandon the previously adopted decision on its publication (the right to recall the Article) with compensation for all losses incurred by the Licensee.

3.   WARRANTY OF THE PARTIES

3.1. The author guarantees that:
-    he is the legal copyright holder;
-    at the time this Agreement comes into force, the Author does not know anything about the rights of third parties that could be violated by providing an exclusive license to use the Article according to the Agreement;
-    at the time of conclusion of the Agreement, the exclusive right to the Article was not pledged, not granted under license agreements to other persons;
-    at the time of conclusion of the Agreement, the Rights of the Author to the Article were not challenged.
3.2. The Licensee guarantees the observance of the legitimate interests and personal non-property rights of the Author.
3.3. The Author guarantees that the Article does not contain materials that are not subject to publication in the open press, in accordance with the current legislation of the Russian Federation, the publication and distribution of the Article will not lead to the disclosure of secret (confidential) information, including commercial or state secret.
3.4. The Author guarantees that the Article contains all references to quoted authors and sources of publication of borrowed materials provided for by the current copyright law. 

4.   CONDITION OF THE CONCLUSION OF THE AGREEMENT

4.1. In accordance with Art. 428 of the Civil Code of the Russian Federation, the Agreement is an accession agreement, the terms of which are determined by the Licensee, and may be signed by the Author only by accession to this Agreement as a whole.
4.2. Signing the agreement the Author agrees to the processing and storage of personal data in accordance with Federal Law No. 152-FZ of July 27, 2006 "On Personal Data".
4.3. The Licensee is obliged not to disclose to third parties and not to disseminate the personal data of the Author, with the exception of those data that are used to personalize the Author when publishing the Article, without the consent of the subject of personal data, unless otherwise provided by Federal Law No. 152-FZ of July 27, 2006 “On personal data. "

5.   DISPUTE RESOLUTION

5.1. All disputes and disagreements that may arise during the execution of this Agreement will be resolved in accordance with the current legislation of the Russian Federation.
5.2. Before a claim is filed by one Party, a complaint must be made with the other Party. The response to the claim must be sent within 10 (ten) business days.

6.   EARLY TERMINATION OF THE AGREEMENT 

6.1. The Agreement is early terminated in case:
6.1.1. The Author's decision to withdraw the Article by virtue of clause 2.3 of the Agreement.
6.1.2. Termination of the Agreement by mutual agreement of the Parties, and in the case provided for by the legislation of the Russian Federation, upon request of one of the Parties.

7.   OTHER TERMS AND CONDITIONS

7.1. For non-performance or improper performance of their obligations under the Agreement, the Parties are liable in accordance with the current legislation of the Russian Federation.
7.2. All changes and additions to the Agreement are made in writing and signed by the Parties. Properly completed amendments and additions are an integral part of the Agreement.
7.3. In everything else that is not regulated by this Agreement, the parties are guided by the current legislation of the Russian Federation.
7.4. The Agreement is made in duplicate, having equal legal force, one for each of the Parties.

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