Licence Contract (Public Offer)

for the transfer of the right to publish an article in the periodical “Philology at MGIMO”

Federal State Autonomous higher educational institution “Moscow State Institute of International Relations (University) of the Ministry of Foreign Affairs of the Russian Federation” hereafter entitled "the Publisher, MGIMO", offers to an indeterminate number of people hereafter entitled "the Author” as the other Party to this Contract, to conclude the following Contract (hereafter, the Contract) on the publication of the scientific materials (hereafter, the Article, Articles) in the journal “Philology at MGIMO” (hereafter, the Journal).

1. General items

1.1. The present Contract in accordance with p.2 art.437 of the Civil Code of the Russian Federation is public offer, and in accordance with article 438 of the Civil Code of the Russian Federation by sending his Articles to the electronic address the Author acknowledges its complete and unconditional acceptance.

1.2. The journal is registered in The Federal service for supervision in the sphere of Telecom, information technologies and mass communications (ROSKOMNADZOR). Registration certificate PI № FS 77 – 66596 from July, 21, 2016 (earlier PI № FS 77 – 58253 from June, 05, 2014).

2. Terms used in the contract

“Author” refers to physical entity (entities), the result of whose creative work is the Article.
“Offer Acceptance” refers to complete and unconditional acceptance of the Offer.
“Journal” refers to Philology at MGIMO.
“Request” refers to electronic request of the Author to the Publisher to publish the Article in the Journal.
“Publisher” refers to Federal State Autonomous higher educational institution “Moscow State Institute of International Relations (University) of the Ministry of Foreign Affairs of the Russian Federation”.
“Offer” refers to the current document (offer to the Author) to publish the Article.
“Publication” ” refers to the posting of the Article in the Journal.
“Journal’s Editorial Board ” refers to the creative group that issues the Journal.
“Article” ” refers to scientific, educational, methodological material (text), submitted by the Author for publication in the Journal.
“Processing of personal data” ” refers to operations with personal data, including collection, systematization, accumulation, storage, refinement (updating, modification), usage, dissemination.

3. Object of the Contract

3.1. In accordance with this contract the Author submits the Article for placement in the Journal on the conditions of the non-exclusive simple license. Upon submission of the Article the Author consents to the Journal’s concept, the order of review and publication ethics.

3.2. The Editorial Board renders to the Author services in line with the publication of the Article: accepts the Article, has it reviewed, takes the decision to accept it for publication, prepares the Article for publication, publishes the Article in the Journal.

3.3. The rights to use the Article, transferred in accordance with this contract, comprise:
— right to reproduce the Article or its part (publish, disclose, duplicate, replicate, other types of copying of the Article) without limitation as to the number of copies, including copies in the electronic media, in the electronic networks and databases;
— right to distribute the Article by any means; — right to import and export the original Article or copies of the Article for distribution purposes;
— right to translate and remake the Article;
— right to publicly display and demonstrate the Article for information, advertising and other goals;
— right to notify and bring to the attention of the general public;
— right to conclude a sub-license contract, that is, a contract allowing third parties to use the Article without prior permission from the Author and without payment of any reward to the Author.

3.4. The use of the Article is allowed on the territory of the Russian Federation and outside its territory.

3.5. This contract comes into force upon the submission of the Article to the Journal.

3.6. The rights are transferred to the Publisher on the non-refundable basis for the entire term of application of exclusive right in accordance with the current legislation of the Russian Federation.

3.7. In case the Publisher takes the decision to reject the Article or in case the Article is retracted by the Author (one of the Authors) before the Publisher undertakes to place it in the Journal, the present Contract ceases to be in force. The decision to reject the Article for publication is forwarded to the Author’s electronic address, stipulated in the Request. The Author’s Response is to be forwarded by mail of Russia to the Publisher’s address (marked: for the Editorial board of “Philology at MGIMO”), as well as in the form of a scanned document to the following electronic addresses: innolang@inno.mgimo,

4. Rights and obligations of the Parties

4.1. The Author guarantees the following:
— he is a valid copyright holder of the exclusive rights to the Article;
— the Article is original, created by the Author (Co-authors), and independent work;
— no copyright or any other rights of the third parties were breached while creating the Article;
— the Article contains all the references to cited authors and/or publications (materials) stipulated by the current legislation on copyright;
— the Article is not an object of pledge, is not transferred to a third party in accordance with the contract for alienation of an exclusive right or a license agreement, and it is not burdened by the rights and claims of third parties.

4.2. The Author is obligated to submit the Article to the Publisher in accordance with the rules for the provision of works, including requirements for the format in the printed journals, which are provided on the website of the Publisher and/or the webpage of the Journal in the Internet.

4.3. The Publisher is obligated to submit to the Journal article, drawn up in accordance with the requirements for authors, published on the official website and /or web-page in the Internet.

4.4. The Author has the right:
— to receive the printed copy of the Journal with the published Article;
— to use the materials from the published Article in the book written by the Author;
— to include the materials of the Article in teaching materials to use in auditorium, to disseminate gratis among students or maintain in electronic format on a local server for students’ access as part of an educational course or for internal training programs in the employer’s enterprise.

4.5. The Publisher has the right:
— to include comments and corrections in the Article, including reductions, without an additional consent of the Author (Co-authors), if these changes do not change the meaning of the text, or alter its contents in any other way. The third parties, who are authorized by the sub-license contract with the Publisher, also have the right to undertake the aforementioned actions;
— to set the rules (terms) of acceptance and publication of the Articles in the Journal.

4.6. In all cases not covered by this Contract, the Parties are obliged to be guided by the current Russian legislation.

5. Acceptance of the Offer and Conclusion of the Contract

5.1. The present Contract comes into force from the moment it is concluded when the Author makes Acceptance of the Offer by sending the Article to the electronic address of the Journal and its term of application lasts during the whole period of exclusive right stipulated by the current legislation.

5.2. Acceptance of the offer by the Author is created by the Contract made orally on the terms of the Offer, in the order specified in p.2 art.1286 of the Civil Code of the Russian Federation.

6. Amendment and Termination of the Contract

6.1. The Publisher has the right to change unilaterally the terms of the present contract, giving prior notification, no later than 10 (ten) days before the corresponding amendments come into force, informing the Author on the site of the Journal or by sending notification by electronic mail to the electronic address of the Author, stated in his Request. The changes come into force starting from the date stipulated in the corresponding notification.

6.2. In case of disagreement with the changes in the terms of the present Contract, the Author has the right to send the Publisher a written refusal to accept the present Contract before the corresponding changes take effect. If the Author fails to do so, the changes are considered accepted by the Author, and the Contract stays valid with the introduced changes.

6.3. The termination of the present Contract is possible at any time subject to the mutual agreement of the Parties.

6.4. The author has the right to retract the Article on the condition of compensation of any losses and damages to the Publisher arising from such a decision. If the Article is already published, the Author is also obliged to publicly notify about its retraction. The Author has the right to withdraw from circulation all the published copies, compensating the incurred losses.

6.5. If one of the Parties decides to terminate the Contract, this Party is obliged to notify the other Party of the termination of the Contract in writing. If this is the case, the responsibilities arising from the Contract are considered terminated from the moment the counteragent receives notification of the termination of the Contract.

7. Responsibilities of the Parties

7.1. The parties bear responsibility in case they fail to perform their obligations or violate them, in accordance with the current legislation of the Russian Federation.

7.2. All the information provided by the Author should be valid. The Author is responsible for the authenticity and integrity of the information provided to the Publisher.

7.3. The Author independently bears responsibility towards the third parties on all of the issues regarding ownership of rights to the Article and the materials which were used in it.

7.4. The Publisher bears no responsibility under the Contract for the actions which result directly or indirectly from the actions of the Author.

7.5. The Parties are freed from responsibility for the complete or partial non-performance of obligations under the Contract in case of force-majeure, which implies actions of state authorities (including coming into force of legislative acts), fire, flood, earthquake, other natural catastrophes, electricity cut-offs, computer failures, strikes, public unrests, other circumstances.

8. Dispute Resolution

8.1. All disputes between the Parties, arising from the conditions of this Contract, should be resolved by negotiations, and if the agreement is not reached in negotiation, the disputes shall be resolved in accordance with the current legislation of the Russian Federation.

8.2. If disputes fail to be settled, they shall be resolved in court at the location of the Publisher in accordance with the current legislation of the Russian Federation.

9. Other Terms

9.1. The Author gives his consent to the Publisher to process the following personal data:
— Name, patronymic, last name;
— Date of birth;
— Information on education;
— Information on place of work and official position;
— Contact information for the correspondence;
— Information on the published works of literature, science and art.

9.2. The Publisher has the right to process personal data of the Author with a view to complying with the present Contract, including providing informational and reference service to the Author.