Warranties. The Assignor warrants and undertakes that, as at the date of this Agreement: (a) the Work does not contain any plagiarism; the Work is the original work of the Author/s, and has not been copied wholly or substantially from any other work or material or any other source; ▇▇▇▇▇▇▇ Science Publishers uses the iThenticate software to detect instances of overlapping and similar text in submitted manuscripts. iThenticate software checks content against a database of periodicals, the Internet, and a comprehensive article database. (b) the Assignor is the sole legal and beneficial owner of the rights purported to be assigned pursuant to this Agreement, and (if applicable) the Assignor has obtained any and all necessary assignments or other permissions from co-authors and/or employers to ensure that the Assignor is able to comply with its obligations and to assign the rights purported to be assigned pursuant to this Agreement; (c) the Assignor is exclusively entitled to give all warranties, indemnities, assurances, confirmations, waivers and agreements set out in this Agreement; (d) the Work has not been published by any third party, or submitted to any third party for consideration for publication, and will not be published by any third party or submitted to any third party for consideration by or on behalf of the Assignor or any of the Author/s; (e) once the Work has been submitted to ▇▇▇▇▇▇▇ Science for publication in accordance with clause 4, the Assignor will not attempt to withdraw the Work from publication; (f) the Assignor has not assigned or granted to any third party any of the rights assigned or granted pursuant to this Agreement; (g) the exploitation of the rights assigned or granted by this Agreement will not infringe the rights of any third party, including without limitation, any third party intellectual property rights and any rights to register the same; (h) the Assignor is unaware of any infringement, or likely infringement, of any of the rights assigned or granted pursuant to this Agreement; (i) the rights assigned by this Agreement are free from any security interest, option, mortgage, charge or lien; (j) the Work is factually accurate and contains no matter which is scandalous, libellous, unlawful, or otherwise actionable; (k) there are no actual or potential conflicts of interest, except as specified in Schedule 1: Details of the Work; (l) there has been no financial contribution to the Work, except as specified in Schedule 1: Details of the Work; and (m) there have been no experiments involving humans or animals, except as specified in Schedule 1: Details of the Work.
Appears in 103 contracts
Sources: Copyright Assignment and Publishing Agreement, Copyright Assignment and Publishing Agreement, Copyright Assignment and Publishing Agreement
Warranties. The Assignor warrants and undertakes that, as at the date of this Agreement:
(a) the Work does not contain any plagiarism; the Work is the original work of the Author/s, and has not been copied wholly or substantially from any other work or material or any other source; ▇▇▇▇▇▇▇ Science Publishers uses the iThenticate software to detect instances of overlapping and similar text in submitted manuscripts. iThenticate software checks content against a database of periodicals, the Internet, and a comprehensive article database.
(b) the Assignor is the sole legal and beneficial owner of the rights purported to be assigned pursuant to this Agreement, and (if applicable) the Assignor has obtained any and all necessary assignments or other permissions from co-authors and/or employers to ensure that the Assignor is able to comply with its obligations and to assign the rights purported to be assigned pursuant to this Agreement;
(c) the Assignor is exclusively entitled to give all warranties, indemnities, assurances, confirmations, waivers and agreements set out in this Agreement;
(d) the Work has not been published by any third party, or submitted to any third party for consideration for publication, and will not be published by any third party or submitted to any third party for consideration by or on behalf of the Assignor or any of the Author/s;
(e) once the Work has been submitted to ▇▇▇▇▇▇▇ Science for publication in accordance with clause 4, the Assignor will not attempt to withdraw the Work from publication;
(f) the Assignor has not assigned or granted to any third party any of the rights assigned or granted pursuant to this Agreement;
(g) the exploitation of the rights assigned or granted by this Agreement will not infringe the rights of any third party, including without limitation, any third party intellectual property rights and any rights to register the same;
(h) the Assignor is unaware of any infringement, or likely infringement, of any of the rights assigned or granted pursuant to this Agreement;
(i) the rights assigned by this Agreement are free from any security interest, option, mortgage, charge or lien;
(j) the Work is factually accurate and contains no matter which is scandalous, libellous, unlawful, or otherwise actionable;
(k) there are no actual or potential conflicts of interest, except as specified in Schedule 1: Details of the Work;
(l) there has been no financial contribution to the Work, except as specified in Schedule 1: Details of the Work; and
(m) there have been no experiments involving humans or animals, except as specified in Schedule 1: Details of the Work.third
Appears in 97 contracts
Sources: Copyright Assignment and Publishing Agreement, Copyright Assignment and Publishing Agreement, Copyright Assignment and Publishing Agreement
Warranties. The Assignor Corresponding Author warrants and undertakes that, as at the date of this Agreement:
(a) the Work does not contain any plagiarism; the Work is the original work of the Author/s, and has not been copied wholly or substantially from any other work or material or any other source. the Work does not contain any plagiarism; the Work is the original work of the Author/s, and has not been copied wholly or substantially from any other work or material or any other source. ▇▇▇▇▇▇▇ Science Publishers uses the iThenticate software to detect instances of overlapping and similar text in submitted manuscripts. iThenticate software checks content against a database of periodicals, the Internet, and a comprehensive article database.
(b) the Assignor Corresponding Author is the sole legal and beneficial owner of the rights purported to be assigned granted pursuant to this Agreement, and (if applicable) the Assignor Corresponding Author has obtained any and all necessary assignments or other permissions from co-co- authors and/or employers to ensure that the Assignor Corresponding Author is able to comply with its obligations and to assign grant the rights purported to be assigned granted pursuant to this Agreement;
(c) the Assignor Corresponding Author is exclusively entitled to give all warranties, indemnities, assurances, confirmations, waivers and agreements set out in this Agreement;
(d) the Work has not been published by any third party, or submitted to any third party for consideration for publication, and will not be published by any third party or submitted to any third party for consideration of the same by or on behalf of the Assignor Corresponding Author or any of the Author/ss prior to publication via ▇▇▇▇▇▇▇ Open;
(e) once the Work has been submitted to ▇▇▇▇▇▇▇ Science Open for publication in accordance with clause 4, the Assignor Corresponding Author will not attempt to withdraw the Work from publication;
(f) the Assignor Corresponding Author has not assigned or granted to any third party any of the rights assigned or granted pursuant to this Agreement;
(g) the exploitation of the rights assigned or granted by this Agreement will not infringe the rights of any third party, including without limitation, any third party intellectual property rights and any rights to register the same;
(h) the Assignor Corresponding Author is unaware of any infringement, or likely infringement, of any of the rights assigned or granted pursuant to this Agreement;
(i) the rights assigned granted by this Agreement are free from any security interest, option, mortgage, charge or lien;
(j) the Work is factually accurate and contains no matter which is scandalous, libellous, unlawful, or otherwise actionable;
(k) there are no actual or potential conflicts of interest, except as specified in Schedule 1: Details of the Work;
(l) there has been no financial contribution to the Work, except as specified in Schedule 1: Details of the Work; and
(m) there have been no experiments involving humans or animals, except as specified in Schedule 1: Details of the Work.
Appears in 72 contracts
Sources: Open Access Publishing Agreement, Open Access Publishing Agreement, Open Access Publishing Agreement
Warranties. The Assignor Corresponding Author warrants and undertakes that, as at the date of this Agreement:
(a) the Work does not contain any plagiarism; the Work is the original work of the Author/s, and has not been copied wholly or substantially from any other work or material or any other source; ▇▇▇▇▇▇▇ Science Publishers uses the iThenticate software to detect instances of overlapping and similar text in submitted manuscripts. iThenticate software checks content against a database of periodicals, the Internet, and a comprehensive article database.;
(b) the Assignor Corresponding Author is the sole legal and beneficial owner of the rights purported to be assigned granted pursuant to this Agreement, and (if applicable) the Assignor Corresponding Author has obtained any and all necessary assignments or other permissions from co-co- authors and/or employers to ensure that the Assignor Corresponding Author is able to comply with its obligations and to assign grant the rights purported to be assigned granted pursuant to this Agreement;
(c) the Assignor Corresponding Author is exclusively entitled to give all warranties, indemnities, assurances, confirmations, waivers and agreements set out in this Agreement;
(d) the Work has not been published by any third partyparty on a commercial basis, or submitted to any third party for consideration for publicationpublication on a commercial basis, and will not be published by any third party on a commercial basis or submitted to any third party for consideration of the same by or on behalf of the Assignor Corresponding Author or any of the Author/s;
(e) once the Work has been submitted to ▇▇▇▇▇▇▇ Science Open for publication in accordance with clause 4, the Assignor Corresponding Author will not attempt to withdraw the Work from publication;
(f) the Assignor Corresponding Author has not assigned or granted to any third party any of the rights assigned or granted pursuant to this Agreement;
(g) the exploitation of the rights assigned or granted by this Agreement will not infringe the rights of any third party, including without limitation, any third party intellectual property rights and any rights to register the same;
(h) the Assignor Corresponding Author is unaware of any infringement, or likely infringement, of any of the rights assigned or granted pursuant to this Agreement;
(i) the rights assigned granted by this Agreement are free from any security interest, option, mortgage, charge or lien;
(j) the Work is factually accurate and contains no matter which is scandalous, libellous, unlawful, or otherwise actionable;
(k) there are no actual or potential conflicts of interest, except as specified in Schedule 1: Details of the Work;; and
(l) there has been no financial contribution to the Work, except as specified in Schedule 1: Details of the Work; and
(m) there have been no experiments involving humans or animals, except as specified in Schedule 1: Details of the Work.
Appears in 41 contracts
Sources: Open Access Publishing Agreement, Open Access Publishing Agreement, Open Access Publishing Agreement
Warranties. The Assignor warrants and undertakes that, as at the date of this Agreement:
(a) the Work does not contain any plagiarism; the Work is the original work of the Author/s, and has not been copied wholly or substantially from any other work or material or any other source; ▇▇▇▇▇▇▇ Science Publishers uses the iThenticate software to detect instances of overlapping and similar text in submitted manuscripts. iThenticate software checks content against a database of periodicals, the Internet, and a comprehensive article database.;
(b) the Assignor is the sole legal and beneficial owner of the rights purported to be assigned pursuant to this Agreement, and (if applicable) the Assignor has obtained any and all necessary assignments or other permissions from co-authors and/or employers to ensure that the Assignor is able to comply with its obligations and to assign the rights purported to be assigned pursuant to this Agreement;
(c) the Assignor is exclusively entitled to give all warranties, indemnities, assurances, confirmations, waivers and agreements set out in this Agreement;
(d) the Work has not been published by any third party, or submitted to any third party for consideration for publication, and will not be published by any third party or submitted to any third party for consideration by or on behalf of the Assignor or any of the Author/s;
(e) once the Work has been submitted to ▇▇▇▇▇▇▇ Science for publication in accordance with clause 4, the Assignor will not attempt to withdraw the Work from publication;
(f) the Assignor has not assigned or granted to any third party any of the rights assigned or granted pursuant to this Agreement;
(g) the exploitation of the rights assigned or granted by this Agreement will not infringe the rights of any third party, including without limitation, any third party intellectual property rights and any rights to register the same;
(h) the Assignor is unaware of any infringement, or likely infringement, of any of the rights assigned or granted pursuant to this Agreement;
(i) the rights assigned by this Agreement are free from any security interest, option, mortgage, charge or lien;
(j) the Work is factually accurate and contains no matter which is scandalous, libellous, unlawful, or otherwise actionable;
(k) there are no actual or potential conflicts of interest, except as specified in Schedule 1: Details of the Work;; and
(l) there has been no financial contribution to the Work, except as specified in Schedule 1: Details of the Work; and
(m) there have been no experiments involving humans or animals, except as specified in Schedule 1: Details of the Work.
Appears in 11 contracts
Sources: Copyright Assignment and Publishing Agreement, Copyright Assignment and Publishing Agreement, Copyright Assignment and Publishing Agreement
Warranties. The Assignor warrants and undertakes that, as at the date of this Agreement:
(a) the Work does not contain any plagiarism; the Work is the original work of the Author/s, and has not been copied wholly or substantially from any other work or material or any other source; ▇▇▇▇▇▇▇ Science Publishers uses the iThenticate software to detect instances of overlapping and similar text in submitted manuscripts. iThenticate software checks content against a database of periodicals, the Internet, and a comprehensive article database.
(b) the Assignor is the sole legal and beneficial owner of the rights purported to be assigned pursuant to this Agreement, and (if applicable) the Assignor has obtained any and all necessary assignments or other permissions from co-authors and/or employers to ensure that the Assignor is able to comply with its obligations and to assign the rights purported to be assigned pursuant to this Agreement;
(c) the Assignor is exclusively entitled to give all warranties, indemnities, assurances, confirmations, waivers and agreements set out in this Agreement;
(d) the Work has not been published by any third party, or submitted to any third party for consideration for publication, and will not be published by any third 3 [v.122016] party or submitted to any third party for consideration by or on behalf of the Assignor or any of the Author/s;
(e) once the Work has been submitted to ▇▇▇▇▇▇▇ Science for publication in accordance with clause 4, the Assignor will not attempt to withdraw the Work from publication;
(f) the Assignor has not assigned or granted to any third party any of the rights assigned or granted pursuant to this Agreement;
(g) the exploitation of the rights assigned or granted by this Agreement will not infringe the rights of any third party, including without limitation, any third party intellectual property rights and any rights to register the same;
(h) the Assignor is unaware of any infringement, or likely infringement, of any of the rights assigned or granted pursuant to this Agreement;
(i) the rights assigned by this Agreement are free from any security interest, option, mortgage, charge or lien;
(j) the Work is factually accurate and contains no matter which is scandalous, libellous, unlawful, or otherwise actionable;
(k) there are no actual or potential conflicts of interest, except as specified in Schedule 1: Details of the Work;
(l) there has been no financial contribution to the Work, except as specified in Schedule 1: Details of the Work; and
(m) there have been no experiments involving humans or animals, except as specified in Schedule 1: Details of the Work.
Appears in 10 contracts
Sources: Copyright Assignment and Publishing Agreement, Copyright Assignment and Publishing Agreement, Copyright Assignment and Publishing Agreement
Warranties. The Assignor warrants and undertakes that, as at the date of this Agreement:
(a) the Work does not contain any plagiarism; the Work is the original work of the Author/s, and has not been copied wholly or substantially from any other work or material or any other source; ▇▇▇▇▇▇▇ Science Publishers uses the iThenticate software to detect instances of overlapping and similar text in submitted manuscripts. iThenticate software checks content against a database of periodicals, the Internet, and a comprehensive article database.
(b) the Assignor is the sole legal and beneficial owner of the rights purported to be assigned pursuant to this Agreement, and (if applicable) the Assignor has obtained any and all necessary assignments or other permissions from co-authors and/or employers to ensure that the Assignor is able to comply with its obligations and to assign the rights purported to be assigned pursuant to this Agreement;
(c) the Assignor is exclusively entitled to give all warranties, indemnities, assurances, confirmations, waivers and agreements set out in this Agreement;
(d) the Work has not been published by any third party, or submitted to any third party for consideration for publication, and will not be published by any third party or submitted to any third party for consideration by or on behalf of the Assignor or any of the Author/s;
(e) once the Work has been submitted to ▇▇▇▇▇▇▇ Science for publication in accordance with clause 4, the Assignor will not attempt to withdraw the Work from publication;
(f) the Assignor has not assigned or granted to any third party any of the rights assigned or granted pursuant to this Agreement;
(g) the exploitation of the rights assigned or granted by this Agreement will not infringe the rights of any third party, including without limitation, any third party intellectual property rights and any rights to register the same;
(h) the Assignor is unaware of any infringement, or likely infringement, of any of the rights assigned or granted pursuant to this Agreement;
(i) the rights assigned by this Agreement are free from any security interest, option, mortgage, charge or lien;
(j) the Work is factually accurate and contains no matter which is scandalous, libellous, unlawful, or otherwise actionable;
(k) there are no actual or potential conflicts of interest, except as specified in Schedule 1: Details of the Work;
(l) there has been no financial contribution to the Work, except as specified in Schedule 1: Details of the Work; and
(m) there have been no experiments involving humans or animals, except as specified in Schedule 1: Details of the Work.party
Appears in 7 contracts
Sources: Copyright Assignment and Publishing Agreement, Copyright Assignment and Publishing Agreement, Copyright Assignment and Publishing Agreement
Warranties. The Assignor Corresponding Author warrants and undertakes that, as at the date of this Agreement:
(a) the Work does not contain any plagiarism; the Work is the original work of the Author/s, and has not been copied wholly or substantially from any other work or material or any other source. the Work does not contain any plagiarism; the Work is the original work of the Author/s, and has not been copied wholly or substantially from any other work or material or any other source. ▇▇▇▇▇▇▇ Science Publishers uses the iThenticate software to detect instances of overlapping and similar text in submitted manuscripts. iThenticate software checks content against a database of periodicals, the Internet, and a comprehensive article database.
(b) the Assignor is the sole legal and beneficial owner of the rights purported to be assigned pursuant to this Agreement, and (if applicable) the Assignor has obtained any and all necessary assignments or other permissions from co-authors and/or employers to ensure that the Assignor is able to comply with its obligations and to assign the rights purported to be assigned pursuant to this Agreement;
(c) the Assignor is exclusively entitled to give all warranties, indemnities, assurances, confirmations, waivers and agreements set out in this Agreement;
(d) the Work has not been published by any third party, or submitted to any third party for consideration for publication, and will not be published by any third party or submitted to any third party for consideration of the same by or on behalf of the Assignor Corresponding Author or any of the Author/ss prior to publication via ▇▇▇▇▇▇▇ Open;
(e) once the Work has been submitted to ▇▇▇▇▇▇▇ Science Open for publication in accordance with clause 4, the Assignor Corresponding Author will not attempt to withdraw the Work from publication;
(f) the Assignor Corresponding Author has not assigned or granted to any third party any of the rights assigned or granted pursuant to this Agreement;
(g) the exploitation of the rights assigned or granted by this Agreement will not infringe the rights of any third party, including without limitation, any third party intellectual property rights and any rights to register the same;
(h) the Assignor Corresponding Author is unaware of any infringement, or likely infringement, of any of the rights assigned or granted pursuant to this Agreement;
(i) the rights assigned granted by this Agreement are free from any security interest, option, mortgage, charge or lien;
(j) the Work is factually accurate and contains no matter which is scandalous, libellous, unlawful, or otherwise actionable;
(k) there are no actual or potential conflicts of interest, except as specified in Schedule 1: Details of the Work;
(l) there has been no financial contribution to the Work, except as specified in Schedule 1: Details of the Work; and
(m) there have been no experiments involving humans or animals, except as specified in Schedule 1: Details of the Work.
Appears in 5 contracts
Sources: Open Access Publishing Agreement, Open Access Publishing Agreement, Open Access Publishing Agreement
Warranties. The Assignor warrants and undertakes that, as at the date of this Agreement:
(a) the Work does not contain any plagiarism; the Work is the original work of the Author/s, and has not been copied wholly or substantially from any other work or material or any other source. the Work does not contain any plagiarism; the Work is the original work of the Author/s, and has not been copied wholly or substantially from any other work or material or any other source. ▇▇▇▇▇▇▇ Science Publishers uses the iThenticate software to detect instances of overlapping and similar text in submitted manuscripts. iThenticate software checks content against a database of periodicals, the Internet, and a comprehensive article database.
(b) the Assignor is the sole legal and beneficial owner of the rights purported to be assigned pursuant to this Agreement, and (if applicable) the Assignor has obtained any and all necessary assignments or other permissions from co-authors and/or employers to ensure that the Assignor is able to comply with its obligations and to assign the rights purported to be assigned pursuant to this Agreement;
(c) the Assignor is exclusively entitled to give all warranties, indemnities, assurances, confirmations, waivers and agreements set out in this Agreement;
(d) the Work has not been published by any third party, or submitted to any third party for consideration for publication, and will not be published by any third party or submitted to any third party for consideration by or on behalf of the Assignor or any of the Author/s;
(e) once the Work has been submitted to ▇▇▇▇▇▇▇ Science for publication in accordance with clause 4, the Assignor will not attempt to withdraw the Work from publication;
(f) the Assignor has not assigned or granted to any third party any of the rights assigned or granted pursuant to this Agreement;
(g) the exploitation of the rights assigned or granted by this Agreement will not infringe the rights of any third party, including without limitation, any third party intellectual property rights and any rights to register the same;
(h) the Assignor is unaware of any infringement, or likely infringement, of any of the rights assigned or granted pursuant to this Agreement;
(i) the rights assigned by this Agreement are free from any security interest, option, mortgage, charge or lien;
(j) the Work is factually accurate and contains no matter which is scandalous, libellous, unlawful, or otherwise actionable;
(k) there are no actual or potential conflicts of interest, except as specified in Schedule 1: Details of the Work;
(l) there has been no financial contribution to the Work, except as specified in Schedule 1: Details of the Work; and
(m) there have been no experiments involving humans or animals, except as specified in Schedule 1: Details of the Work.
Appears in 5 contracts
Sources: Copyright Assignment and Publishing Agreement, Copyright Assignment and Publishing Agreement, Copyright Assignment and Publishing Agreement
Warranties. The Assignor warrants and undertakes You warrant that, as at the date of this Agreement:
(a) you will deliver the Work does not contain any plagiarism; Contribution by the Work is the original work of the Author/s, and has not been copied wholly or substantially from any other work or material or any other source; ▇▇▇▇▇▇▇ Science Publishers uses the iThenticate software to detect instances of overlapping and similar text in submitted manuscripts. iThenticate software checks content against a database of periodicals, the Internet, and a comprehensive article database.Delivery Date;
(b) the Assignor is Contribution (including when published or used in accordance with the sole legal licence in clause 4) will not infringe copyright or any other intellectual property rights and beneficial owner of the rights purported to be assigned pursuant to this Agreement, and (if applicable) the Assignor has obtained will not infringe any and all necessary assignments or other permissions from co-authors and/or employers to ensure that the Assignor is able to comply with its obligations and to assign the rights purported to be assigned pursuant to this Agreementmoral rights;
(c) the Assignor is exclusively entitled to give all warranties, indemnities, assurances, confirmations, waivers and agreements set out Contribution will not be defamatory or otherwise in this Agreementbreach of any law;
(d) all statements contained in the Work has not been published by any third party, or submitted Contribution purporting to any third party for consideration for publication, and will not be published by any third party or submitted to any third party for consideration by or on behalf of the Assignor or any of the Author/sfacts are true;
(e) once the Work has collection, use, storage and disclosure of any personal information by the Contributor that is reflected or set out in the Contribution complies with privacy laws, and that all notifications or consents required under such laws have been submitted given and obtained to ▇▇▇▇▇▇▇ Science for publication in accordance with clause 4, enable the Assignor will not attempt Publisher to withdraw use the Work from publicationrelevant personal information as contemplated by this agreement;
(f) if the Assignor has not assigned Contribution contains images or granted recordings of individuals, written consents have been obtained from those individuals to any third party any of use the rights assigned relevant image/s or granted pursuant to recording/s (or their contents) in the Contribution and by the Publisher as contemplated by this Agreementagreement;
(g) if the exploitation of the rights assigned or granted by this Agreement will not infringe the rights of any third party, including without limitation, Contribution contains any third party intellectual property rights copyright material, you will obtain and any rights provide to register the samePublisher all written licences, consents and permissions from those third parties;
(h) the Assignor is unaware you will include appropriate or required acknowledgement of any infringementsuch licences, consents or likely infringement, of any of permissions in the rights assigned or granted pursuant to this Agreement;Contribution; and
(i) you will not make the rights assigned by this Agreement Contribution available through online platforms (including social media) or in other publications without the Publisher’s prior written consent (which will not unreasonably be withheld or delayed), acknowledging that:
a. the Publisher’s journals are free from any security interest, option, mortgage, charge or liena member-only service;
(j) b. that any distribution to free online portals potentially devalues the Work is factually accurate Publisher’s service to its members; and contains no matter that, therefore,
c. the Publisher reserves the right to send “take down” notices to any online portals to which is scandalous, libellous, unlawful, or otherwise actionable;
(k) there are no actual or potential conflicts of interest, except as specified in Schedule 1: Details of the Work;
(l) there Contribution has been no financial contribution to the Work, except as specified in Schedule 1: Details of the Work; and
(m) there have been no experiments involving humans uploaded or animals, except as specified in Schedule 1: Details of the Workthrough which it is shared.
Appears in 4 contracts
Sources: Contributor’s Agreement, Contributor’s Agreement, Contributor’s Agreement
Warranties. The Assignor warrants and undertakes that, as at the date of this Agreement:
(a) the Work does not contain any plagiarism; the Work is the original work of the Author/s, and has not been copied wholly or substantially from any other work or material or any other source; ▇▇▇▇▇▇▇ Science Publishers uses the iThenticate software to detect instances of overlapping and similar text in submitted manuscripts. iThenticate software checks content against a database of periodicals, the Internet, and a comprehensive article database.
(b) the Assignor is the sole legal and beneficial owner of the rights purported to be assigned pursuant to this Agreement, and (if applicable) the Assignor has obtained any and anyand all necessary assignments or other permissions from co-authors and/or employers to ensure that the Assignor is able to comply with its obligations and to assign the rights purported to be assigned pursuant to this Agreement;
(c) the Assignor is exclusively entitled to give all warranties, indemnities, assurances, confirmations, waivers and agreements set out in this Agreement;
(d) the Work has not been published by any third party, or submitted to any third party for consideration for publication, and will not be published by any third party or submitted to any third party for consideration by or on behalf of the Assignor or any of the Author/s;
(e) once the Work has been submitted to ▇▇▇▇▇▇▇ Science for publication in accordance with clause 4, the Assignor will not attempt to withdraw the Work from publication;
(f) the Assignor has not assigned or granted to any third party any of the rights assigned or granted pursuant to this Agreement;
(g) the exploitation of the rights assigned or granted by this Agreement will not infringe the rights of any third party, including without limitation, any third party intellectual property rights and any rights to register the same;
(h) the Assignor is unaware of any infringementanyinfringement, or likely infringement, of any of anyof the rights assigned or granted pursuant to this Agreement;
(i) the rights assigned by this Agreement are free from any security interest, option, mortgage, charge or lien;
(j) the Work is factually accurate and contains no matter which is scandalous, libellous, unlawful, or otherwise actionable;
(k) there are no actual or potential conflicts of interest, except as specified in Schedule 1: Details of the Work;
(l) there has been no financial contribution to the Work, except as specified in Schedule 1: Details of the Work; and
(m) there have been no experiments involving humans or animals, except as specified in Schedule 1: Details of the Work.
Appears in 4 contracts
Sources: Copyright Assignment and Publishing Agreement, Copyright Assignment and Publishing Agreement, Copyright Assignment and Publishing Agreement
Warranties. The Assignor warrants and undertakes that, as at the date of this Agreement:
(a) the Work does not contain any plagiarism; the Work is the original work of the Author/s, and has not been copied wholly or substantially from any other work or material or any other source. the Work does not contain any plagiarism; the Work is the original work of the Author/s, and has not been copied wholly or substantially from any other work or material or any other source. ▇▇▇▇▇▇▇ Science Publishers uses the iThenticate software to detect instances of overlapping and similar text in submitted manuscripts. iThenticate software checks content against a database of periodicals, the Internet, and a comprehensive article database.
(b) the Assignor is the sole legal and beneficial owner of the rights purported to be assigned pursuant to this Agreement, and (if applicable) the Assignor has obtained any and all necessary assignments or other permissions from co-authors and/or employers to ensure that the Assignor is able to comply with its obligations and to assign the rights purported to be assigned pursuant to this Agreement;
(c) the Assignor is exclusively entitled to give all warranties, indemnities, assurances, confirmations, waivers and agreements set out in this Agreement;
(d) the Work has not been published by any third party, or submitted to any third party for consideration for publication, and will not be published by any third party or submitted to any third party for consideration by or on behalf of the Assignor or any of the Author/s;
(e) once the Work has been submitted to ▇▇▇▇▇▇▇ Science for publication in accordance with clause 4, the Assignor will not attempt to withdraw the Work from publication;
(f) the Assignor has not assigned or granted to any third party any of the rights assigned or granted pursuant to this Agreement;
(gc) If the exploitation research is funded by NIH, Wellcome Trust g ) t h e e x p l o i t a tion of the rights assigned or granted by this Agreement will or any other Open Access Mandate, authors are allowed the archiving of published version of manuscripts in an institutional repository after the mandatory embargo period. Authors should first contact the Editorial Office of the journal for information about depositing a copy of the manuscript to a repository. Consistent with the copyright agreement, ▇▇▇▇▇▇▇ Science does not infringe the rights allow archiving of any third party, including without limitation, any third party intellectual property rights and any rights to register the same;FINAL PUBLISHED VERSION of manuscripts unless under an open access mandate as above.
(hd) The link to the Assignor is unaware original source of any infringement, or likely infringement, of any publication should be provided by inserting the DOI number of the rights assigned or granted pursuant to this Agreement;article in the following sentence: “The published manuscript is available at EurekaSelect via http://▇▇▇.▇▇▇▇▇▇▇▇▇▇▇▇.▇▇▇/[insert DOI].”
(ie) There is no embargo on the rights assigned by this Agreement archiving of articles published under the OPEN ACCESS PLUS category. Authors are free from any security interestallowed deposition of such articles on institutional, option, mortgage, charge or lien;
(j) non-commercial repositories and personal websites immediately after publication on the Work is factually accurate and contains no matter which is scandalous, libellous, unlawful, or otherwise actionable;
(k) there are no actual or potential conflicts of interest, except as specified in Schedule 1: Details of the Work;
(l) there has been no financial contribution to the Work, except as specified in Schedule 1: Details of the Work; and
(m) there have been no experiments involving humans or animals, except as specified in Schedule 1: Details of the Workjournal website.
Appears in 3 contracts
Sources: Copyright Assignment and Publishing Agreement, Copyright Assignment and Publishing Agreement, Copyright Assignment and Publishing Agreement
Warranties. The Assignor Corresponding Author warrants and undertakes that, as at the date of this Agreement:
(a) the Work does not contain any plagiarism; the Work is the original work of the Author/s, and has not been copied wholly or substantially from any other work or material or any other source. the Work does not contain any plagiarism; the Work is the original work of the Author/s, and has not been copied wholly or substantially from any other work or material or any other source. ▇▇▇▇▇▇▇ Science Publishers uses the iThenticate software to detect instances of overlapping and similar text in submitted manuscripts. iThenticate software checks content against a database of periodicals, the Internet, and a comprehensive article database.
(b) the Assignor Corresponding Author is the sole legal and beneficial owner of the rights purported to be assigned granted pursuant to this Agreement, and (if applicable) the Assignor Corresponding Author has obtained any and all necessary assignments or other permissions from co-co- authors and/or employers to ensure that the Assignor Corresponding Author is able to comply with its obligations and to assign grant the rights purported to be assigned granted pursuant to this Agreement;
(c) the Assignor Corresponding Author is exclusively entitled to give all warranties, indemnities, assurances, confirmations, waivers and agreements set out in this Agreement;
(d) the Work has not been published by any third party, or submitted to any third party for consideration for publication, and will not be published by any third party or submitted to any third party for consideration of the same by or on behalf of the Assignor Corresponding Author or any of the Author/ss prior to publication via ▇▇▇▇▇▇▇ Science;
(e) once the Work has been submitted to ▇▇▇▇▇▇▇ Science for publication in accordance with clause 4, the Assignor Corresponding Author will not attempt to withdraw the Work from publication;
(f) the Assignor Corresponding Author has not assigned or granted to any third party any of the rights assigned or granted pursuant to this Agreement;
(g) the exploitation of the rights assigned or granted by this Agreement will not infringe the rights of any third party, including without limitation, any third party intellectual property rights and any rights to register the same;
(h) the Assignor Corresponding Author is unaware of any infringement, or likely infringement, of any of the rights assigned or granted pursuant to this Agreement;
(i) the rights assigned granted by this Agreement are free from any security interest, option, mortgage, charge or lien;
(j) the Work is factually accurate and contains no matter which is scandalous, libellous, unlawful, or otherwise actionable;
(k) there are no actual or potential conflicts of interest, except as specified in Schedule 1: Details of the Work;
(l) there has been no financial contribution to the Work, except as specified in Schedule 1: Details of the Work; and
(m) there have been no experiments involving humans or animals, except as specified in Schedule 1: Details of the Work.
Appears in 3 contracts
Sources: Open Access Publishing Agreement, Open Access Publishing Agreement, Open Access Publishing Agreement
Warranties. 5.1 The Assignor Supplier represents and warrants and undertakes that, as at the date of this Agreement:
(a) it is validly incorporated, organised and subsisting in accordance with the Work does not contain any plagiarism; the Work is the original work Laws of the Author/s, and has not been copied wholly or substantially from any other work or material or any other source; ▇▇▇▇▇▇▇ Science Publishers uses the iThenticate software to detect instances its place of overlapping and similar text in submitted manuscripts. iThenticate software checks content against a database of periodicals, the Internet, and a comprehensive article database.incorporation;
(b) the Assignor is the sole legal it has full capacity and beneficial owner of the rights purported authority to be assigned pursuant to this Agreement, and (if applicable) the Assignor has obtained any and all necessary assignments or other permissions from co-authors and/or employers to ensure that the Assignor is able to comply with its obligations enter into and to assign the rights purported to be assigned pursuant to perform this AgreementContract;
(c) the Assignor this Contract is exclusively entitled to give all warranties, indemnities, assurances, confirmations, waivers and agreements set out in this Agreementexecuted by its duly authorised representative;
(d) the Work it has not been published by any third party, or submitted all necessary consents and regulatory approvals to any third party for consideration for publication, and will not be published by any third party or submitted to any third party for consideration by or on behalf of the Assignor or any of the Author/senter into this Contract;
(e) once the Work has been submitted there are no actions, suits or proceedings or regulatory investigations before any court or administrative body or arbitration tribunal pending or, to ▇▇▇▇▇▇▇ Science for publication in accordance with clause 4its knowledge, the Assignor will not attempt threatened against it or any of its Affiliates that might affect its ability to withdraw the Work from publicationperform its obligations under this Contract;
(f) the Assignor has its execution, delivery and performance of its obligations under this Contract will not assigned constitute a breach of any Law or granted obligation applicable to it and will not cause or result in a default under any third party any of the rights assigned or granted pursuant to this Agreementagreement by which it is bound;
(g) the exploitation its obligations under this Contract constitute its legal, valid and binding obligations, enforceable in accordance with their respective terms subject to applicable bankruptcy, reorganisation, insolvency, moratorium or similar Laws affecting creditors’ rights generally and subject, as to enforceability, to equitable principles of the rights assigned general application (regardless of whether enforcement is sought in a proceeding in equity or granted by this Agreement will not infringe the rights of any third party, including without limitation, any third party intellectual property rights and any rights to register the samelaw);
(h) all written statements and representations in any written submissions made by the Assignor is unaware of any infringement, or likely infringement, of any Supplier as part of the rights assigned procurement process, including without limitation its response to the PQQ and ITT (if applicable), its tender and any other documents submitted remain true and accurate except to the extent that such statements and representations have been superseded or granted pursuant varied by this Contract or to the extent that the Supplier has otherwise disclosed to DFID in writing prior to the date of this AgreementContract;
(i) the rights assigned by this Agreement are free from it has notified DFID in writing of any security interest, option, mortgage, charge or lienOccasions of Tax Non-Compliance and any litigation in which it is involved that is in connection with any Occasion of Tax Non-Compliance;
(j) it has all necessary rights in and to the Work is factually accurate Licensed Software, the Third Party IPRs, the Supplier Background IPRs and contains no matter any other materials made available by the Supplier (and/or any Sub-contractor) to DFID which is scandalous, libellous, unlawful, or otherwise actionableare necessary for the performance of the Supplier’s obligations under this Contract and/or the receipt of the Services by DFID;
(k) there are no actual or potential conflicts of interest, except as specified in Schedule 1: Details the Contract Inception Report is/will be a true and accurate reflection of the WorkCosts and supplier profit margin forecast by the Supplier and the Supplier does not have any other internal financial model in relation to the Services inconsistent with the Financial Model;
(l) there has been no financial contribution it is not subject to the Workany contractual obligation, except as specified in Schedule 1: Details of the Work; andcompliance with which is likely to have a material adverse effect on its ability to perform its obligations under this Contract;
(m) there no proceedings or other steps have been no experiments involving humans or animalstaken and not discharged (nor, except as specified in Schedule 1: Details to the best of its knowledge, are threatened) for the winding up of the WorkSupplier or for its dissolution or for the appointment of a receiver, administrative receiver, liquidator, manager, administrator or similar officer in relation to any of the Supplier’s assets or revenue.
5.2 The representations and warranties set out in Clause 5.1 shall be deemed to be repeated by the Supplier on the Commencement Date (if later than the date of signature of this Contract) by reference to the facts then existing.
5.3 The representations and warranties set out in this Clause 5 shall be construed as a separate representation and warranty and shall not be limited or restricted by reference to, or inference from, the terms of any other representation, warranty or any other undertaking in this Contract.
5.4 If at any time a Party becomes aware that a representation or warranty given by it under Clause 5.1 has been breached, is untrue or is misleading, it shall immediately notify the other Party of the relevant occurrence in sufficient detail to enable the other Party to make an accurate assessment of the situation.
5.5 the Supplier’s system and assets used in the performance of the Services:
(a) will be free of all encumbrances [any exceptions must be agreed in writing with DFID];
(b) will be Euro Compliant
5.6 The supplier shall at all times comply with Law and Regulations in carrying out its obligations under this Contract.
5.7 For the avoidance of doubt, the fact that any provision within this Contract is expressed as a warranty shall not preclude any right of termination which DFID may have in respect of breach of that provision by the Supplier.
5.8 Except as expressly stated in this Contract, all warranties and conditions whether express or implied by statute, common law or otherwise are hereby excluded to the extent permitted by Law.
Appears in 3 contracts
Sources: Supplier Services Contract, Supplier Services Contract, Consultancy Services Agreement
Warranties. (a) The Assignor Recipient warrants and undertakes that, represents to the Department as at the date of this AgreementAgreement and during the Term that:
(ai) if the Recipient is a body corporate, it is duly incorporated and validly existing under the laws of the place of its incorporation;
(ii) it has power to enter into and perform its obligations under this Agreement and to carry out the Project;
(iii) entry into this Agreement, the performance of its obligations under this Agreement and the completion of the transactions contemplated by this Agreement have been duly authorised;
(iv) the Work does not contain Agreement is a valid and binding obligation enforceable according to its terms;
(v) neither the execution nor the performance of this Agreement has or will breach any plagiarismprovision of:
(A) a law or treaty or a judgment, decree, ruling, order or decree of a Government Agency binding on it; the Work is the original work of the Author/s, and has not been copied wholly or substantially from or
(B) any other work document which is binding on it or material its assets; and
(vi) the Recipient holds or any other source; ▇▇▇▇▇▇▇ Science Publishers uses will hold all approvals, licences, permits, registrations, agreements and consents required by Law or a Government Authority to undertake the iThenticate software Project, including in respect of land access, native title, heritage and environment, prior to detect instances of overlapping and similar text in submitted manuscripts. iThenticate software checks content against a database of periodicals, commencing the Internet, and a comprehensive article databaseProject.
(b) If the Assignor is Proposal includes any ground-based or airborne geophysical surveys over or in respect of any Other Titles, the sole legal Recipient warrants and beneficial owner represents to the Department as at the date of this Agreement and during the Term that the Recipient has obtained the unconditional and irrevocable written consent of the rights purported holders of the Other Titles:
(i) for the relevant Third Party Service Provider to be assigned pursuant undertake the surveys and associated Raw Data processing and analysis as described in the Proposal; and
(ii) for the public release of the Submission Items (to this Agreementthe extent these contain Data collected in respect of the relevant Other Titles) at the expiry of the Confidentiality Period in accordance with clause 5.6, and (if applicable) acknowledgement from the Assignor has obtained holders of the Other Titles that they will not receive any and all necessary assignments of the Funding Amount under this Agreement or other permissions from co-authors and/or employers to ensure that the Assignor is able to comply with its obligations and to assign the rights purported to be assigned pursuant to this Agreement;otherwise.
(c) The Recipient must take all steps and provide all information and documents with regard to the Assignor is exclusively entitled warranties and representations as the Department may reasonably require and give the Department and its legal representatives such assistance and facilities as they may reasonably require to give all warranties, indemnities, assurances, confirmations, waivers enable them to fully investigate the accuracy of the warranties and agreements set out representations referred to in this Agreement;
(d) the Work has not been published by any third party, or submitted to any third party for consideration for publication, and will not be published by any third party or submitted to any third party for consideration by or on behalf of the Assignor or any of the Author/s;
(e) once the Work has been submitted to ▇▇▇▇▇▇▇ Science for publication in accordance with clause 4, the Assignor will not attempt to withdraw the Work from publication;
(f) the Assignor has not assigned or granted to any third party any of the rights assigned or granted pursuant to this Agreement;
(g) the exploitation of the rights assigned or granted by this Agreement will not infringe the rights of any third party, including without limitation, any third party intellectual property rights and any rights to register the same;
(h) the Assignor is unaware of any infringement, or likely infringement, of any of the rights assigned or granted pursuant to this Agreement;
(i) the rights assigned by this Agreement are free from any security interest, option, mortgage, charge or lien;
(j) the Work is factually accurate and contains no matter which is scandalous, libellous, unlawful, or otherwise actionable;
(k) there are no actual or potential conflicts of interest, except as specified in Schedule 1: Details of the Work;
(l) there has been no financial contribution to the Work, except as specified in Schedule 1: Details of the Work; and
(m) there have been no experiments involving humans or animals, except as specified in Schedule 1: Details of the Workclause.
Appears in 3 contracts
Sources: Funding Agreement, Funding Agreement, Funding Agreement
Warranties. The Assignor Corresponding Author warrants and undertakes that, as at the date of this Agreement:
(a) the Work does not contain any plagiarism; the Work is the original work of the Author/s, and has not been copied wholly or substantially from any other work or material or any other source; ▇▇▇▇▇▇▇ Science Publishers uses the iThenticate software to detect instances of overlapping and similar text in submitted manuscripts. iThenticate software checks content against a database of periodicals, the Internet, and a comprehensive article database.;
(b) the Assignor Corresponding Author is the sole legal and beneficial owner of the rights purported to be assigned granted pursuant to this Agreement, and (if applicable) the Assignor Corresponding Author has obtained any and all necessary assignments or other permissions from co-co- authors and/or employers to ensure that the Assignor Corresponding Author is able to comply with its obligations and to assign grant the rights purported to be assigned granted pursuant to this Agreement;
(c) the Assignor Corresponding Author is exclusively entitled to give all warranties, indemnities, assurances, confirmations, waivers and agreements set out in this Agreement;;
(d) the Work has not been published by any third partyparty on a commercial basis, or submitted to any third party for consideration for publicationpublication on a commercial basis, and will not be published by any third party on a commercial basis or submitted to any third party for consideration of the same by or on behalf of the Assignor Corresponding Author or any of the Author/s;
(e) once the Work has been submitted to ▇▇▇▇▇▇▇ Science Open for publication in accordance with clause 44 , the Assignor Corresponding Author will not attempt to withdraw the Work from publication;
(f) the Assignor Corresponding Author has not assigned or granted to any third party any of the rights assigned or granted pursuant to this Agreement;
(g) the exploitation of the rights assigned or granted by this Agreement will not infringe the rights of any third party, including without limitation, any third party intellectual property rights and any rights to register the same;
(h) the Assignor Corresponding Author is unaware of any infringement, or likely infringement, of any of the rights assigned or granted pursuant to this Agreement;
(i) the rights assigned granted by this Agreement are free from any security interest, option, mortgage, charge or lien;
(j) the Work is factually accurate and contains no matter which is scandalous, libellous, unlawful, or otherwise actionable;
(k) there are no actual or potential conflicts of interest, except as specified in Schedule 1: Details of the Work;; and
(l) there has been no financial contribution to the Work, except as specified in Schedule 1: Details of the Work; and
(m) there have been no experiments involving humans or animals, except as specified in Schedule 1: Details of the Work.
Appears in 3 contracts
Sources: Open Access Publishing Agreement, Open Access Publishing Agreement, Open Access Publishing Agreement
Warranties. The Assignor warrants and undertakes that, as at the date of this Agreement:
(a) the Work does not contain any plagiarism; the Work is the original work of the Author/s, and has not been copied wholly or substantially from any other work or material or any other source; ▇▇▇▇▇▇▇ Science Publishers uses the iThenticate software to detect instances of overlapping and similar text in submitted manuscripts. iThenticate software checks content against a database of periodicals, the Internet, and a comprehensive article database.;
(b) the Assignor is the sole legal and beneficial owner of the rights purported to be assigned pursuant to this Agreement, and (if applicable) the Assignor has obtained any and all necessary assignments or other permissions from co-authors and/or employers to ensure that the Assignor is able to comply with its obligations and to assign the rights purported to be assigned pursuant to this Agreement;
(c) the Assignor is exclusively entitled to give all warranties, indemnities, assurances, confirmations, waivers and agreements set out in this Agreement;
(d) the Work has not been published by any third party, or submitted to any third party for consideration for publication, and will not be published by any third party or submitted to any third party for consideration by or on behalf of the Assignor or any of the Author/s;
(e) once the Work has been submitted to ▇▇▇▇▇▇▇ Science for publication in accordance with clause 4, the Assignor will not attempt to withdraw the Work from publication;
(f) the Assignor has not assigned or granted to any third party any of the rights assigned or granted pursuant to this Agreement;
(g) the exploitation of the rights assigned or granted by this Agreement will not infringe the rights of any third party, including without limitation, any third party intellectual property rights and any rights to register the same;
(h) the Assignor is unaware of any infringement, or likely infringementlikely
(c) If the research is funded by NIH, Wellcome Trust i n f r i n g e m ent, of any of the rights assigned or granted or any other Open Access Mandate, authors are allowed the archiving of published version of manuscripts in an institutional repository after the mandatory embargo period. Authors should first contact the Editorial Office of the journal for information about depositing a copy of the manuscript to a repository. Consistent with the copyright agreement, ▇▇▇▇▇▇▇ Science does not allow archiving of FINAL PUBLISHED VERSION of manuscripts unless under an open access mandate as above.
(d) The link to the original source of publication should be provided by inserting the DOI number of the article in the following sentence: “The published manuscript is available at EurekaSelect via http://▇▇▇.▇▇▇▇▇▇▇▇▇▇▇▇.▇▇▇/[insert DOI].”
(e) There is no embargo on the archiving of articles published under the OPEN ACCESS PLUS category. Authors are allowed deposition of such articles on institutional, non-commercial repositories and personal websites immediately after publication on the journal website. pursuant to this Agreement;
(i) the rights assigned by this Agreement are free from any security interest, option, mortgage, charge or lien;
(j) the Work is factually accurate and contains no matter which is scandalous, libellous, unlawful, or otherwise actionable;
(k) there are no actual or potential conflicts of interest, except as specified in Schedule 1: Details of the Work;
(l) there has been no financial contribution to the Work, except as specified in Schedule 1: Details of the Work; and
(m) there have been no experiments involving humans or animals, except as specified in Schedule 1: Details of the Work.
Appears in 2 contracts
Sources: Copyright Assignment and Publishing Agreement, Copyright Assignment and Publishing Agreement
Warranties. The Assignor Supplier represents, warrants and undertakes that, as at the date of this Agreement:
agrees: (a) that the Work does manufacture of all Deliverables will be performed in a professional manner and solely by employees of Supplier who have a level of skill commensurate with the requirements of this Agreement and who have signed binding enforceable agreements sufficient to allow Supplier to make the assignments and licenses made or contemplated by under this Agreement and to otherwise fulfill its obligations under this Agreement; (b) that each Deliverable shall (i) be state-of-the-art in terms of science and technology at the time of delivery, (ii) perform in accordance with the applicable specifications therefor and (iii) be suitable for the purpose intended for twelve (12) months after Buyer’s acceptance of each Deliverable; (c) that the Deliverables shall not contain any plagiarism; code, programming instruction or set of instructions that may damage, disable, impair, or interfere with or otherwise adversely affect or provide access to computer programs, data files, or hardware without the Work is the original work consent and intent of the Author/sauthorized device user; (d) that Supplier has full power, right and has not been copied wholly or substantially from any other work or material or any other source; ▇▇▇▇▇▇▇ Science Publishers uses the iThenticate software authority to detect instances of overlapping and similar text in submitted manuscripts. iThenticate software checks content against a database of periodicalsenter into this Agreement, the Internet, and a comprehensive article database.
(b) the Assignor is the sole legal and beneficial owner of the rights purported to be assigned pursuant to carry out its obligations under this Agreement, and (if applicable) the Assignor has obtained any and all necessary assignments or other permissions from co-authors and/or employers to ensure that the Assignor is able to comply with its obligations and to assign grant the rights purported to be assigned pursuant to this Agreement;
(c) the Assignor is exclusively entitled to give all warranties, indemnities, assurances, confirmations, waivers and agreements set out in this Agreement;
(d) the Work has not been published by any third party, or submitted to any third party for consideration for publication, and will not be published by any third party or submitted to any third party for consideration by or on behalf of the Assignor or any of the Author/s;
(e) once the Work has been submitted to ▇▇▇▇▇▇▇ Science for publication in accordance with clause 4, the Assignor will not attempt to withdraw the Work from publication;
(f) the Assignor has not assigned or granted to any third party any of the rights assigned or granted pursuant to this Agreement;
(g) the exploitation of the rights assigned or granted by this Agreement will not infringe the rights of any third partyBuyer herein, including without limitation, the rights to the Deliverables developed under this Agreement; (e) that, except as expressly and explicitly disclosed to and agreed to by Buyer in advance in writing in each instance, none of any Deliverables or the development will use or embody or infringe or violate any intellectual property or rights of any third party intellectual property rights (including, without limitation, any public domain or open source software) and (f) that Supplier has not previously or otherwise granted, nor will it in the future grant, any rights to register any third party which conflict with the same;
rights herein granted by Supplier. Supplier will indemnify Buyer from any loss, damage, settlement or other expense due to (hi) the Assignor is unaware of any infringement, or likely infringement, a breach of any of the rights assigned foregoing warranties or granted pursuant due to this Agreement;
a third party claim that if true would constitute a breach of any such warranty or (iii) the rights assigned by this Agreement are free from any security interest, option, mortgage, charge Supplier’s negligence or lien;
(j) the Work is factually accurate and contains no matter which is scandalous, libellous, unlawful, or otherwise actionable;
(k) there are no actual or potential conflicts of interestwillful misconduct, except to the extent of Buyer’s gross negligence or willful misconduct. For the purposes of Section 5.1(b) above, a Deliverable shall include any repaired or replaced version of a Deliverable that previously failed to comply with such warranty but shall not otherwise extend to any Wear or Replacement Parts (as specified in Schedule 1: Details defined below).
7.1. For twelve (12) months after Buyer’s acceptance of the last Deliverable set forth on a Statement of Work;, upon receipt of a problem report by Buyer, Supplier shall provide trained personnel at Buyer’s site within 24 hours from notification of the problem by the Buyer for the purpose of reviewing and initiating the necessary remedial actions; provided, however, that if such receipt of a problem report is provided by Buyer on a Saturday, Sunday or U.S. bank holiday (in each case, as determined based on the time in Irvine, California), such notice shall be deemed to have been given at 09:00 a.m. (Irvine, California time) on the first day thereafter that is not a Saturday, Sunday or U.S. bank holiday. The Supplier shall maintain the personnel and material requirements in order to comply with the foregoing.
(l) there has been no financial contribution 7.2. Prior to the last Deliverable provided to Buyer under the Statement of Work, except as specified Supplier agrees to provide the Buyer with lists in Schedule 1: Details EXCEL format of all wear or replacement parts including, without limitation, information on current prices (such listed parts, the “Wear and Replacement Parts”). The lists shall specifically identify those replacements and wear parts that should be immediately available for operation of the Work; andDeliverables.
(m) there have been no experiments involving humans or animals7.3. EXCEPT AS SET FORTH IN THIS SECTION 5, except as specified in Schedule 1: Details of the WorkSUPPLIER DISCLAIMS ALL WARRANTIES, IMPLIED OR EXPRESSED, INCLUDING WITHOUT LIMITATION ALL EXPRESS OR IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR A PARTICULAR PURPOSE.
Appears in 2 contracts
Sources: Purchase Order, Purchase Order
Warranties. The Assignor Recipient represents and warrants and undertakes that, as at the date of this Agreement:
(a) (corporate power): it has the Work does not contain any plagiarism; the Work corporate power to own its assets and to carry on its business as it is the original work of the Author/s, and has not been copied wholly or substantially from any other work or material or any other source; ▇▇▇▇▇▇▇ Science Publishers uses the iThenticate software to detect instances of overlapping and similar text in submitted manuscripts. iThenticate software checks content against a database of periodicals, the Internet, and a comprehensive article database.now being conducted;
(b) (authority): it has the Assignor is the sole legal right, power and beneficial owner of the rights purported authority to be assigned pursuant to this Agreemententer into, perform and (if applicable) the Assignor has obtained any and all necessary assignments or other permissions from co-authors and/or employers to ensure that the Assignor is able to comply with observe its obligations and to assign the rights purported to be assigned pursuant to under this Funding Agreement;
(c) (authorisations): the Assignor is exclusively entitled to give all warrantiesexecution, indemnities, assurances, confirmations, waivers delivery and agreements set out in performance of this AgreementFunding Agreement has been duly and validly authorised by it;
(d) the Work has not been published by any third party(binding obligations): this Funding Agreement constitutes legal, or submitted valid and binding obligations and is enforceable in accordance with its terms, subject to any third party for consideration for publication, laws generally affecting creditors’ rights and will not be published by any third party or submitted to any third party for consideration by or on behalf principles of the Assignor or any of the Author/sequity;
(e) once the Work has been submitted to ▇▇▇▇▇▇▇ Science for publication in accordance with clause 4, the Assignor (transaction permitted): it will not attempt to withdraw the Work from publicationbe breaching any Law, Authorisation or agreement by signing and performing this Funding Agreement;
(f) (no misleading information): all information provided to the Assignor Department (including in the Application):
(1) is true, correct and complete in all material respects; and
(2) is not misleading, at the time:
(3) given to the Department; and
(4) throughout the term of this Funding Agreement, including at the Commencement Date and the date each Funds Payment Request is submitted (other than to the extent that the Recipient has not assigned or granted to any third party any of given the rights assigned or granted pursuant to this AgreementDepartment prior notice in writing otherwise);
(g) the exploitation of the rights assigned or granted by (not a trustee): it does not enter into this Funding Agreement will not infringe the rights as trustee of any third party, including without limitation, any third party intellectual property rights and any rights to register the sametrust (unless otherwise stated in this Funding Agreement);
(h) (conflicts of interest): to the Assignor best of its knowledge after making diligent inquiry, and except as otherwise disclosed to the Department, no conflict of interest exists or is unaware likely to arise in the performance of any infringement, or likely infringement, of any of the rights assigned or granted pursuant to its obligations under this Funding Agreement;
(i) (employee entitlements) it is not subject to any judicial decision against it relating to employee entitlements (not including decisions under appeal) where it has not paid the rights assigned by this Agreement are free from any security interest, option, mortgage, charge or lienclaim;
(j) (Licensed Materials): the Work is factually accurate Licensed Materials, and contains no matter which is scandalousto the best of the Recipient’s knowledge the Department’s use of the Licensed Materials in accordance with this Funding Agreement, libellous, unlawful, will not infringe the Intellectual Property Rights or otherwise actionableMoral Rights of any person or entity;
(k) there are no actual or potential conflicts of interest, except as specified (legal capacity): it has full legal capacity to:
(1) own its own property;
(2) undertake the Project;
(3) in Schedule 1: Details the case of the WorkRecipient enter into this Funding Agreement; and
(4) to carry out the transactions that each of these contemplate (as applicable);
(l) (financial capacity): it has, or will have, sufficient funds to complete the Project;
(m) (insolvency): no Insolvency Event has occurred, and there has been are no financial contribution reasonable grounds to the Worksuspect that an Insolvency Event will occur, except as specified in Schedule 1: Details respect of the WorkRecipient; and
(mn) there (qualifications): the Recipient, its Personnel and Subcontractors are fit and proper people that have been no experiments involving humans (without limitation) the necessary experience, skill, knowledge, expertise and competence to undertake the Project:
(1) consistent with Good Industry Practice;
(2) consistent with Good Electricity Industry Practice; and
(3) holding (or animalswill hold when required) such licences, except permits or registrations as specified in Schedule 1: Details of are required under any State, Territory or Commonwealth legislation to undertake the WorkProject.
Appears in 2 contracts
Sources: Funding Agreement, Funding Agreement
Warranties. The Assignor Corresponding Author warrants and undertakes that, as at the date of this Agreement:
(a) the Work does not contain any plagiarism; the Work is the original work of the Author/s, and has not been copied wholly or substantially from any other work or material or any other source. the Work does not contain any plagiarism; the Work is the original work of the Author/s, and has not been copied wholly or substantially from any other work or material or any other source. ▇▇▇▇▇▇▇ Science Publishers uses the iThenticate software to detect instances of overlapping and similar text in submitted manuscripts. iThenticate software checks content against a database of periodicals, the Internet, and a comprehensive article database.
(b) the Assignor Corresponding Author is the sole legal and beneficial owner of the rights purported to be assigned granted pursuant to this Agreement, and (if applicable) the Assignor Corresponding Author has obtained any and all necessary assignments or other permissions from co-co- authors and/or employers to ensure that the Assignor Corresponding Author is able to comply with its obligations and to assign grant the rights purported to be assigned granted pursuant to this Agreement;
(c) the Assignor Corresponding Author is exclusively entitled to give all warranties, indemnities, assurances, confirmations, waivers and agreements set out in this Agreement;;
(d) the Work has not been published by any third party, or submitted to any third party for consideration for publication, and will not be published by any third party 3 or submitted to any third party for consideration of the same by or on behalf of the Assignor Corresponding Author or any of the Author/ss prior to publication via ▇▇▇▇▇▇▇ Open;
(e) once the Work has been submitted to ▇▇▇▇▇▇▇ Science Open for publication in accordance with clause 4, the Assignor Corresponding Author will not attempt to withdraw the Work from publication;
(f) the Assignor Corresponding Author has not assigned or granted to any third party any of the rights assigned or granted pursuant to this Agreement;
(g) the exploitation of the rights assigned or granted by this Agreement will not infringe the rights of any third party, including without limitation, any third party intellectual property rights and any rights to register the same;
(h) the Assignor Corresponding Author is unaware of any infringement, or likely infringement, of any of the rights assigned or granted pursuant to this Agreement;
(i) the rights assigned granted by this Agreement are free from any security interest, option, mortgage, charge or lien;
(j) the Work is factually accurate and contains no matter which is scandalous, libellous, unlawful, or otherwise actionable;
(k) there are no actual or potential conflicts of interest, except as specified in Schedule 1: Details of the Work;
(l) there has been no financial contribution to the Work, except as specified in Schedule 1: Details of the Work; and
(m) there have been no experiments involving humans or animals, except as specified in Schedule 1: Details of the Work.
Appears in 1 contract
Sources: Open Access Publishing Agreement
Warranties. The Assignor warrants and undertakes that, as at the date of this Agreement:
(a) the Work does not contain any plagiarism; the Work is the original work of the Author/s, and has not been copied wholly or substantially from any other work or material or any other source; ▇▇▇▇▇▇▇ Science Publishers uses the iThenticate software to detect instances of overlapping and similar text in submitted manuscripts. iThenticate software checks content against a database of periodicals, the Internet, and a comprehensive article database.;
(b) the Assignor is the sole legal and beneficial owner of the rights purported to be assigned pursuant to this Agreement, and (if i f applicable) the Assignor has obtained any and all necessary assignments or other permissions from co-authors and/or employers to ensure that the Assignor is able to comply with its obligations and to assign the rights purported to be assigned pursuant to this Agreement;
(c) the Assignor is exclusively entitled to give all warranties, indemnities, assurances, confirmations, waivers and agreements set out in this Agreement;
(d) the Work has not been published by any third party, or submitted to any third party for consideration for publication, and will not be published by any third party or submitted to any third party for consideration by or on behalf of the Assignor or any of the Author/s;
(e) once the Work has been submitted to ▇▇▇▇▇▇▇ Science for publication in accordance with clause 4, the Assignor will not attempt to withdraw the Work from publication;
(f) the Assignor has not assigned or granted to any third party any of the rights assigned or granted pursuant to this Agreement;
(g) the exploitation of the rights assigned or granted by this Agreement will not infringe in fringe the rights of any third party, including without limitation, any third party intellectual property rights and any rights to register the same;
(h) the Assignor is unaware of any infringementin fringement, or likely infringement, of any of the rights assigned or granted pursuant to this Agreement;
(i) the rights assigned by this Agreement are free from any security interest, option, mortgage, charge or lien;
(j) the Work is factually accurate and contains no matter which is scandalous, libellous, unlawful, or otherwise actionable;
(k) there are no actual or potential conflicts of interest, except as specified in Schedule 1: Details of the Work;; and
(l) there has been no financial contribution to the Work, except as specified in Schedule 1: Details of the Work; and
(m) there have been no experiments involving humans or animals, except as specified in Schedule 1: Details of the Work.
Appears in 1 contract
Warranties. The Assignor warrants and undertakes that, as at the date of this Agreement:
(a) the Work does not contain any plagiarism; the Work is the original work of the Author/s, and has not been copied wholly or substantially from any other work or material or any other source; ▇▇▇▇▇▇▇ Science Publishers uses the iThenticate software to detect instances of overlapping and similar text in submitted manuscripts. iThenticate software checks content against a database of periodicals, the Internet, and a comprehensive article database.
(b) the Assignor is the sole legal and beneficial owner of the rights purported to be assigned pursuant to this Agreement, and (if applicable) the Assignor has obtained any and all necessary assignments or other permissions from co-authors and/or employers to ensure that the Assignor is able to comply with its obligations and to assign the rights purported to be assigned pursuant to this Agreement;
(c) the Assignor is exclusively entitled to give all warranties, indemnities, assurances, confirmations, waivers and agreements set out in this Agreement;
(d) the Work has not been published by any third party, or submitted to any third party for consideration for publication, and will not be published by any third party or submitted to any third party for consideration by or on behalf of the Assignor or any of the Author/s;
(e) once the Work has been submitted to ▇▇▇▇▇▇▇ Science for publication in accordance with clause 4, the Assignor will not attempt to withdraw the Work from publication;
(f) the Assignor has not assigned or granted to any third party any of the rights assigned or granted pursuant to this Agreement;
(g) the exploitation of the rights assigned or granted by this Agreement will not infringe the rights of any third party, including without limitation, any third party intellectual property rights and any rights to register the same;
(h) the Assignor is unaware of any infringement, or likely infringement, of any of the rights assigned or granted pursuant to this Agreement;
(i) the rights assigned by this Agreement are free from any security interest, option, mortgage, charge or lien;
(j) the Work is factually accurate and contains no matter which is scandalous, libellous, unlawful, or otherwise actionable;
(k) there are no actual or potential conflicts of interest, except as specified in Schedule 1: Details of the Work;Work;
(l) there has been no financial contribution to the Work, except as specified in Schedule 1: Details of the Work; and
(m) there have been no experiments involving humans or animals, except as specified in Schedule 1: Details of the Work.Work.
Appears in 1 contract
Warranties. The Assignor warrants and undertakes that, as at the date of this Agreement:
(a) the Work does not contain any plagiarism; the Work is the original work of the Author/s, and has not been copied wholly or substantially from any other work or material or any other source; ▇▇▇▇▇▇▇ Science Publishers uses the iThenticate software to detect instances of overlapping and similar text in submitted manuscripts. iThenticate software checks content against a database of periodicals, the Internet, and a comprehensive article database.;
(b) the Assignor is the sole legal and beneficial owner of the rights purported to be assigned pursuant to this Agreement, and (if applicable) the Assignor has obtained any and all necessary assignments or other permissions from co-authors and/or employers to ensure that the Assignor is able to comply with its obligations and to assign the rights purported to be assigned pursuant to this Agreement;
(c) the Assignor is exclusively entitled to give all warranties, indemnities, assurances, confirmations, waivers and agreements set out in this Agreement;
(d) the Work has not been published by any third party, or submitted to any third party for consideration for publication, and will not be published by any third party or submitted to any third party for consideration by or on behalf of the Assignor or any of the Author/s;;
(e) once the Work has been submitted to ▇▇▇▇▇▇▇ Science for publication in accordance with clause 4, the Assignor will not attempt to withdraw the Work from publication;
(f) the Assignor has not assigned or granted to any third party any of the rights assigned or granted pursuant to this Agreement;
(g) the exploitation of the rights assigned or granted by this Agreement will not infringe the rights of any third party, including without limitation, any third party intellectual property rights and any rights to register the same;
(h) the Assignor is unaware of any infringement, or likely infringement, of any of the rights assigned or granted pursuant to this Agreement;;
(i) the rights assigned by this Agreement are free from any security from
(c) If the research is funded by NIH, Wellcome Trust a n y s e c u rity interest, option, mortgage, charge or lien;; or any other Open Access Mandate, authors are allowed the archiving of published version of manuscripts in an institutional repository after the mandatory embargo period. Authors should first contact the Editorial Office of the journal for information about depositing a copy of the manuscript to a repository. Consistent with the copyright agreement, ▇▇▇▇▇▇▇ Science does not allow archiving of FINAL PUBLISHED VERSION of manuscripts unless under an open access mandate as above.
(d) The link to the original source of publication should be provided by inserting the DOI number of the article in the following sentence: “The published manuscript is available at EurekaSelect via http://▇▇▇.▇▇▇▇▇▇▇▇▇▇▇▇.▇▇▇/[insert DOI].”
(e) There is no embargo on the archiving of articles published under the OPEN ACCESS PLUS category. Authors are allowed deposition of such articles on
(j) the Work is factually accurate and contains no matter which is scandalous, libellous, unlawful, or otherwise actionable;;
(k) there are no actual or potential conflicts of interest, except as specified in Schedule 1: Details of the Work;
(l) there has been no financial contribution to the Work, except as specified in Schedule 1: Details of the Work; andand
(m) there have been no experiments involving humans or animals, except as specified in Schedule 1: Details of the Work.
Appears in 1 contract
Warranties. The Assignor warrants and undertakes that, as at the date of this Agreement:
(a) the Work does not contain any plagiarism; the Work is the original work of the Author/s, and has not been copied wholly or substantially from any other work or material or any other source; ▇▇▇▇▇▇▇ Science Publishers uses the iThenticate software to detect instances of overlapping and similar text in submitted manuscripts. iThenticate software checks content against a database of periodicals, the Internet, and a comprehensive article database.
(b) the Assignor is the sole legal and beneficial owner of the rights purported to be assigned pursuant to this Agreement, and (if applicable) the Assignor has obtained any and all necessary assignments or other permissions from co-authors and/or employers to ensure that the Assignor is able to comply with its obligations and to assign the rights purported to be assigned pursuant to this Agreement;
(c) the Assignor is exclusively entitled to give all warranties, indemnities, assurances, confirmations, waivers and agreements set out in this Agreement;
(d) the Work has not been published by any third party, or submitted to any third party for consideration for publication, and will not be published by any third party or submitted to any third party for consideration by or on behalf of the Assignor or any of the Author/s;
(e) once the Work has been submitted to ▇▇▇▇▇▇▇ Science for publication in accordance with clause 4, the Assignor will not attempt to withdraw the Work from publication;
(f) the Assignor has not assigned or granted to any third party any of the rights assigned or granted pursuant to this Agreement;
(g) the exploitation of the rights assigned or granted by this Agreement will not infringe the rights of any third journal's/publisher’s website. party, ,including without limitation, any third party intellectual property rights and any rights to register the same;
(h) the Assignor is unaware of any infringement, or likely infringement, of any of the rights assigned or granted pursuant to this Agreement;
(i) the rights assigned by this Agreement are free from any security interest, option, mortgage, charge or lien;
(j) the Work is factually accurate and contains no matter which is scandalous, libellous, unlawful, or otherwise actionable;
(k) there are no actual or potential conflicts of interest, except as specified in Schedule 1: Details of the Work;
(l) there has been no financial contribution to the Work, except as specified in Schedule 1: Details of the Work; and
(m) there have been no experiments involving humans or animals, except as specified in Schedule 1: Details of the Work.party
Appears in 1 contract
Warranties. The Assignor warrants and undertakes that, as at the date of this Agreement:
(a) : the Work does not contain any plagiarism; the Work is the original work of the Author/s, and has not been copied wholly or substantially from any other work or material or any other source; ▇▇▇▇▇▇▇ Science Publishers uses the iThenticate software to detect instances of overlapping and similar text in submitted manuscripts. iThenticate software checks content against a database of periodicals, the Internet, and a comprehensive article database.
(b) the Assignor is the sole legal and beneficial owner of the rights purported to be assigned pursuant to this Agreement, and (if applicable) the Assignor has obtained any and all necessary assignments or other permissions from co-authors and/or employers to ensure that the Assignor is able to comply with its obligations and to assign the rights purported to be assigned pursuant to this Agreement;
(c) ; the Assignor is exclusively entitled to give all warranties, indemnities, assurances, confirmations, waivers and agreements set out in this Agreement;
(d) ; the Work has not been published by any third party, or submitted to any third party for consideration for publication, and will not be published by any third party or submitted to any third party for consideration by or on behalf of the Assignor or any of the Author/s;
(e) ; once the Work has been submitted to ▇▇▇▇▇▇▇ Science for publication in accordance with clause 45, the Assignor will not attempt to withdraw the Work from publication;
(f) ; the Assignor has not assigned or granted to any third party any of the rights assigned or granted pursuant to this Agreement;
(g) ; the exploitation of the rights assigned or granted by this Agreement will not infringe the rights of any third party, including without limitation, any third party intellectual property rights and any rights to register the same;
(h) ; the Assignor is unaware of any infringement, or likely infringement, of any of the rights assigned or granted pursuant to this Agreement;
(i) ; the rights assigned by this Agreement are free from any security interest, option, mortgage, charge or lien;
(j) ; the Work is factually accurate and contains no matter which is scandalous, libellous, unlawful, or otherwise actionable;
(k) ; there are no actual or potential conflicts of interest, except as specified in Schedule 1: Details of the Work;
(l) ; there has been no financial contribution to the Work, except as specified in Schedule 1: Details of the Work; and
(m) and there have been no experiments involving humans or animals, except as specified in Schedule 1: Details of the Work.
Appears in 1 contract
Warranties. The Assignor warrants and undertakes that, as at the date of this Agreement:
(a) the Work does not contain any plagiarism; the Work is the original work of the Author/s, and has not been copied wholly or substantially from any other work or material or any other source; ▇▇▇▇▇▇▇ Science Publishers uses the iThenticate software to detect instances of overlapping and similar text in submitted manuscripts. iThenticate software checks content against a database of periodicals, the Internet, and a comprehensive article database.;
(b) the Assignor is the sole legal and beneficial owner of the rights purported to be assigned pursuant to this Agreement, and (if applicable) the Assignor has obtained any and all necessary assignments or other permissions from co-authors and/or employers to ensure that the Assignor is able to comply with its obligations and to assign the rights purported to be assigned pursuant to this Agreement;
(c) the Assignor is exclusively entitled to give all warranties, indemnities, assurances, confirmations, waivers and agreements set out in this Agreement;
(d) the Work has not been published by any third party, or submitted to any third party for consideration for publication, and will not be published by any third party or submitted to any third party for consideration by or on behalf of the Assignor or any of the Author/s;
(e) once the Work has been submitted to ▇▇▇▇▇▇▇ Science for publication in accordance with clause 4, the Assignor will not attempt to withdraw the Work from publication;
(f) the Assignor has not assigned or granted to grantedto any third party any of the rights assigned or granted pursuant to this Agreement;
(g) the exploitation of the rights assigned or granted by this Agreement will not infringe the rights of any third party, including without limitation, any third party intellectual property rights and any rights to register the same;
(h) the Assignor is unaware of any infringement, or likely infringement, of any of the rights assigned or granted pursuant to this Agreement;
(i) the rights assigned by this Agreement are free from any security interest, option, mortgage, charge or lien;
(j) the Work is factually accurate and contains no matter which is scandalous, libellous, unlawful, or otherwise actionable;
(k) there are no actual or potential conflicts of interest, except as specified in Schedule 1: Details of the Work;; and
(l) there has been no financial contribution to the Work, except as specified in Schedule 1: Details of the Work; and
(m) there have been no experiments involving humans or animals, except as specified in Schedule 1: Details of the Work.
Appears in 1 contract
Warranties. The Assignor Corresponding Author warrants and undertakes that, as at the date of this Agreement:
(a) the Work does not contain any plagiarism; the Work is the original work of the Author/s, and has not been copied wholly or substantially from any other work or material or any other source; ▇▇▇▇▇▇▇ Science Publishers uses the iThenticate software to detect instances of overlapping and similar text in submitted manuscripts. iThenticate software checks content against a database of periodicals, the Internet, and a comprehensive article database.;
(b) the Assignor Corresponding Author is the sole legal and beneficial owner of the rights purported to be assigned granted pursuant to this Agreement, and (if applicable) the Assignor Corresponding Author has obtained any and all necessary assignments or other permissions from co-co- authors and/or employers to ensure that the Assignor Corresponding Author is able to comply with its obligations and to assign grant the rights purported to be assigned granted pursuant to this Agreement;
(c) the Assignor Corresponding Author is exclusively entitled to give all warranties, indemnities, assurances, confirmations, waivers and agreements set out in this Agreement;
(d) the Work has not been published by any third partyparty on a commercial basis, or submitted to any third party for consideration for publicationpublication on a commercial basis, and will not be published by any third party on a commercial basis or submitted to any third party for consideration of the same by or on behalf of the Assignor Corresponding Author or any of the Author/s;
(e) once the Work has been submitted to ▇▇▇▇▇▇▇ Science Open for publication in accordance with clause 4, the Assignor Corresponding Author will not attempt to withdraw the Work from publication;;
(f) the Assignor Corresponding Author has not assigned or granted to any third party any of the rights assigned or granted pursuant to this Agreement;;
(g) the exploitation of the rights assigned or granted by this Agreement will not infringe the rights of any third party, including without limitation, any third party intellectual property rights and any rights to register the same;
(h) the Assignor Corresponding Author is unaware of any infringement, or likely infringement, of any of the rights assigned or granted pursuant to this Agreement;
(i) the rights assigned granted by this Agreement are free from any security interest, option, mortgage, charge or lien;
(j) the Work is factually accurate and contains no matter which is scandalous, libellous, unlawful, or otherwise actionable;
(k) there are no actual or potential conflicts of interest, except as specified in Schedule 1: Details of the Work;; and
(l) there has been no financial contribution to the Work, except as specified in Schedule 1: Details of the Work; and
(m) there have been no experiments involving humans or animals, except as specified in Schedule 1: Details of the Work.
Appears in 1 contract
Sources: Open Access Publishing Agreement
Warranties. The Assignor warrants and undertakes that, as at the date of this Agreement:
(a) the Work does not contain any plagiarism; the Work is the original work of the Author/s, and has not been copied wholly or substantially from any other work or material or any other source; ▇▇▇▇▇▇▇ Science Publishers uses the iThenticate software to detect instances of overlapping and similar text in submitted manuscripts. iThenticate software checks content against a database of periodicals, the Internet, and a comprehensive article database.;
(b) the Assignor is the sole legal and beneficial owner of the rights purported to be assigned pursuant to this Agreement, and (if applicable) the Assignor has obtained any and all necessary assignments or other permissions from co-authors and/or employers to ensure that the Assignor is able to comply with its obligations and to assign the rights purported to be assigned pursuant to this Agreement;
(c) the Assignor is exclusively entitled to give all warranties, indemnities, assurances, confirmations, waivers and agreements set out in this Agreement;
(d) the Work has not been published by any third party, or submitted to any third party for consideration for publication, and will not be published by any third party or submitted to any third party for consideration by or on behalf of the Assignor or any of the Author/s;
(e) once the Work has been submitted to ▇▇▇▇▇▇▇ Science for publication in accordance with clause 4, the Assignor will not attempt to withdraw the Work from publication;
(f) the Assignor has not assigned or granted to any third party any of the rights assigned or granted pursuant to this Agreement;
(g) the exploitation of the rights assigned or granted by this Agreement will not infringe the rights of any third partyany
(c) If the research is funded by NIH, Wellcome Trust t h i r d p a r ty, including without limitation, any third or any other Open Access Mandate, authors are allowed the archiving of published version of manuscripts in an institutional repository after the mandatory embargo period. Authors should first contact the Editorial Office of the journal for information about depositing a copy of the manuscript to a repository. Consistent with the copyright agreement, ▇▇▇▇▇▇▇ Science does not allow archiving of FINAL PUBLISHED VERSION of manuscripts unless under an open access mandate as above.
(d) The link to the original source of publication should be provided by inserting the DOI number of the article in the following sentence: “The published manuscript is available at EurekaSelect via http://▇▇▇.▇▇▇▇▇▇▇▇▇▇▇▇.▇▇▇/[insert DOI].”
(e) There is no embargo on the archiving of articles published under the OPEN ACCESS PLUS category. Authors are allowed deposition of such articles on institutional, non-commercial repositories party intellectual property rights and any rights to register the same;
(h) the Assignor is unaware of any infringement, or likely infringement, of any of the rights assigned or granted pursuant to this Agreement;
(i) the rights assigned by this Agreement are free from any security interest, option, mortgage, charge or lien;
(j) the Work is factually accurate and contains no matter which is scandalous, libellous, unlawful, or otherwise actionable;
(k) there are no actual or potential conflicts of interest, except as specified in Schedule 1: Details of the Work;
(l) there has been no financial contribution to the Work, except as specified in Schedule 1: Details of the Work; and
(m) there have been no experiments involving humans or animals, except as specified in Schedule 1: Details of the Work.
Appears in 1 contract
Warranties. The Assignor warrants and undertakes that, as at the date of this Agreement:
(a) the Work does not contain any plagiarism; the Work is the original work of the Author/s, and has not been copied wholly or substantially from any other work or material or any other source. the Work does not contain any plagiarism; the Work is the original work of the Author/s, and has not been copied wholly or substantially from any other work or material or any other source. ▇▇▇▇▇▇▇ Science Publishers uses the iThenticate software to detect instances of overlapping and similar text in submitted manuscripts. iThenticate software checks content against a database of periodicals, the Internet, and a comprehensive article database.
(b) the Assignor is the sole legal and beneficial owner of the rights purported to be assigned pursuant to this Agreement, and (if applicable) the Assignor has obtained any and all necessary assignments or other permissions from co-authors and/or employers to ensure that the Assignor is able to comply with its obligations and to assign the rights purported to be assigned pursuant to this Agreement;
(c) the Assignor is exclusively entitled to give all warranties, indemnities, assurances, confirmations, waivers and agreements set out in this Agreement;
(d) the Work has not been published by any third party, or submitted to any third party for consideration for publication, and will not be published by any third party or submitted to any third party for consideration by or on behalf of the Assignor or any of the Author/s;
(e) once the Work has been submitted to ▇▇▇▇▇▇▇ Science for publication in accordance with clause 4, the Assignor will not attempt to withdraw the Work from publication;
(f) the Assignor has not assigned or granted to any third party any of the rights assigned or granted pursuant to this Agreement;
(g) the exploitation of the rights assigned or granted by this Agreement will not infringe the rights of any third party, including without limitation, any third party intellectual property rights and any rights to register the same;
(h) the Assignor is unaware of any infringement, or likely infringement, of any of the rights assigned or granted pursuant to this Agreement;
(i) the rights assigned by this Agreement are free from any security interest, option, mortgage, charge or lien;
(j) the Work is factually accurate and contains no matter which is scandalous, libellous, unlawful, or otherwise actionable;
(k) there are no actual or potential conflicts of interest, except as specified in Schedule 1: Details of the Work;
(l) there has been no financial contribution to the Work, except as specified in Schedule 1: Details of the Work; and
(m) there have been no experiments involving humans or animals, except as specified in Schedule 1: Details of the Work.
Appears in 1 contract
Warranties. The Assignor Corresponding Author warrants and undertakes that, as at the date of this Agreement:
(a) the Work does not contain any plagiarism; the Work is the original work of the Author/s, and has not been copied wholly or substantially from any other work or material or any other source. the Work does not contain any plagiarism; the Work is the original work of the Author/s, and has not been copied wholly or substantially from any other work or material or any other source. ▇▇▇▇▇▇▇ Science Publishers uses the iThenticate software to detect instances of overlapping and similar text in submitted manuscripts. iThenticate software checks content against a database of periodicals, the Internet, and a comprehensive article database.
(b) the Assignor Corresponding Author is the sole legal and beneficial owner of the rights purported to be assigned granted pursuant to this Agreement, and (if applicable) the Assignor Corresponding Author has obtained any and all necessary assignments or other permissions from co-authors and/or employers to ensure that the Assignor Corresponding Author is able to comply with its obligations and to assign grant the rights purported to be assigned granted pursuant to this Agreement;
(c) the Assignor Corresponding Author is exclusively entitled to give all warranties, indemnities, assurances, confirmations, waivers and agreements set out in this Agreement;
(d) the Work has not been published by any third party, or submitted to any third party for consideration for publication, and will not be published by any third party or submitted to any third party for consideration of the same by or on behalf of the Assignor Corresponding Author or any of the Author/ss prior to publication via ▇▇▇▇▇▇▇ Science;
(e) once the Work has been submitted to ▇▇▇▇▇▇▇ Science for publication in accordance with clause 4, the Assignor Corresponding Author will not attempt to withdraw the Work from publication;
(f) the Assignor Corresponding Author has not assigned or granted to any third party any of the rights assigned or granted pursuant to this Agreement;
(g) the exploitation of the rights assigned or granted by this Agreement will not infringe the rights of any third party, including without limitation, any third party intellectual property rights and any rights to register the same;
(h) the Assignor Corresponding Author is unaware of any infringement, or likely infringement, of any of the rights assigned or granted pursuant to this Agreement;
(i) the rights assigned granted by this Agreement are free from any security interest, option, mortgage, charge or lien;
(j) the Work is factually accurate and contains no matter which is scandalous, libellous, unlawful, or otherwise actionable;
(k) there are no actual or potential conflicts of interest, except as specified in Schedule 1: Details of the Work;
(l) there has been no financial contribution to the Work, except as specified in Schedule 1: Details of the Work; and
(m) there have been no experiments involving humans or animals, except as specified in Schedule 1: Details of the Work.
Appears in 1 contract
Sources: Open Access Publishing Agreement
Warranties. The Assignor represents and warrants to Tickeri that (i) there are no other owners of any right, title, or interest in the Assigned Technology, (ii) Assignor has not assigned, transferred, licensed, pledged, or otherwise encumbered any Assigned Technology or agreed to do so, (iii) Assignor has full power and undertakes that, authority to enter into this Agreement and to make the assignment as at provided herein and that the date execution and performance of this Agreement:
Agreement has been duly and validly authorized by all necessary corporate action on the part of Assignor and does not violate or conflict with any right of (or any Assignor obligation to), or require the consent of, any third party, (iv) to Assignor’s knowledge, the Assigned Technology does not violate, infringe or misappropriate any third party’s rights, (v) to Assignor’s knowledge, there are no questions or challenges with respect to the patentability or validity of any claims of any existing patents or patent applications relating to the Assigned Technology, (vi) to Assignor’s knowledge, all software included within the Assigned Technology is (a) the Work free of all viruses, worms, trojan horses and other infections or harmful routines and (b) does not contain any plagiarism; the Work is the original work “open source,” “copy left,” “public” or other similar code or anything derived from or based on any of the Author/sforegoing and (c) is free from (and if distributed would still be free from) any requirement imposed by a licensor that recipients be entitled to source code or to modify or distribute any such software, and (vii) Assignor is not now insolvent nor will Assignor be rendered insolvent by the consummation of the transactions contemplated by this Agreement, nor has not been copied wholly Assignor, at any time (a) made a general assignment for the benefit of creditors, or substantially from any other work or material or any other source; ▇▇▇▇▇▇▇ Science Publishers uses the iThenticate software to detect instances of overlapping and similar text in submitted manuscripts. iThenticate software checks content against a database of periodicals, the Internet, and a comprehensive article database.
(b) the Assignor is the sole legal and beneficial owner of the rights purported to be assigned pursuant to this Agreement, and (if applicable) the Assignor has obtained any and all necessary assignments or other permissions from co-authors and/or employers to ensure that the Assignor is able to comply with its obligations and to assign the rights purported to be assigned pursuant to this Agreement;
(c) the Assignor is exclusively entitled to give all warranties, indemnities, assurances, confirmations, waivers and agreements set out in this Agreement;
(d) the Work has not been published by any third partyfiled, or submitted to any third party for consideration for publication, and will not be published by any third party or submitted to any third party for consideration by or on behalf of the Assignor or any of the Author/s;
(e) once the Work has been submitted to ▇▇▇▇▇▇▇ Science for publication in accordance with clause 4, the Assignor will not attempt to withdraw the Work from publication;
(f) the Assignor has not assigned or granted to any third party any of the rights assigned or granted pursuant to this Agreement;
(g) the exploitation of the rights assigned or granted by this Agreement will not infringe the rights of any third party, including without limitationhad filed against it, any third party intellectual property rights and any rights to register the same;
(h) the Assignor is unaware of any infringement, bankruptcy petition or likely infringement, of any of the rights assigned or granted pursuant to this Agreement;
(i) the rights assigned by this Agreement are free from any security interest, option, mortgage, charge or lien;
(j) the Work is factually accurate and contains no matter which is scandalous, libellous, unlawful, or otherwise actionable;
(k) there are no actual or potential conflicts of interest, except as specified in Schedule 1: Details of the Work;
(l) there has been no financial contribution to the Work, except as specified in Schedule 1: Details of the Work; and
(m) there have been no experiments involving humans or animals, except as specified in Schedule 1: Details of the Worksimilar filing.
Appears in 1 contract
Sources: Settlement Agreement (Humbl, Inc.)
Warranties. The Assignor warrants and undertakes that, as at the date of this Agreement:
(a) : the Work does not contain any plagiarism; the Work is the original work of the Author/s, and has not been copied wholly or substantially from any other work or material or any other source; ▇▇▇▇▇▇▇ Science Publishers uses the iThenticate software to detect instances of overlapping and similar text in submitted manuscripts. iThenticate software checks content against a database of periodicals, the Internet, and a comprehensive article database.
(b) . the Assignor is the sole legal and beneficial owner of the rights purported to be assigned pursuant to this Agreement, and (if applicable) the Assignor has obtained any and all necessary assignments or other permissions from co-authors and/or employers to ensure that the Assignor is able to comply with its obligations and to assign the rights purported to be assigned pursuant to this Agreement;
(c) ; the Assignor is exclusively entitled to give all warranties, indemnities, assurances, confirmations, waivers and agreements set out in this Agreement;
(d) ; the Work has not been published by any third party, or submitted to any third party for consideration for publication, and will not be published by any third party or submitted to any third party for consideration by or on behalf of the Assignor or any of the Author/s;
(e) ; once the Work has been submitted to ▇▇▇▇▇▇▇ Science for publication in accordance with clause 4, the Assignor will not attempt to withdraw the Work from publication;
(f) ; the Assignor has not assigned or granted to any third party any of the rights assigned or granted pursuant to this Agreement;
(g) ; the exploitation of the rights assigned or granted by this Agreement will not infringe the rights of any third party, including without limitation, any third party intellectual property rights and any rights to register the same;
(h) ; the Assignor is unaware of any infringement, or likely infringement, of any of the rights assigned or granted pursuant to this Agreement;
(i) ; the rights assigned by this Agreement are free from any security interest, option, mortgage, charge or lien;
(j) ; the Work is factually accurate and contains no matter which is scandalous, libellous, unlawful, or otherwise actionable;
(k) ; there are no actual or potential conflicts of interest, except as specified in Schedule 1: Details of the Work;
(l) ; there has been no financial contribution to the Work, except as specified in Schedule 1: Details of the Work; and
(m) and there have been no experiments involving humans or animals, except as specified in Schedule 1: Details of the Work.
Appears in 1 contract
Warranties. The Assignor Corresponding Author warrants and undertakes that, as at the date of this Agreement:
(a) the Work does not contain any plagiarism; the Work is the original work of the Author/s, and has not been copied wholly or substantially from any other work or material or any other source. the Work does not contain any plagiarism; the Work is the original work of the Author/s, and has not been copied wholly or substantially from any other work or material or any other source. ▇▇▇▇▇▇▇ Science Publishers uses the iThenticate software to detect instances of overlapping and similar text in submitted manuscripts. iThenticate software checks content against a database of 3 periodicals, the Internet, and a comprehensive article database.
(b) the Assignor Corresponding Author is the sole legal and beneficial owner of the rights purported to be assigned granted pursuant to this Agreement, and (if applicable) the Assignor Corresponding Author has obtained any and all necessary assignments or other permissions from co-co- authors and/or employers to ensure that the Assignor Corresponding Author is able to comply with its obligations and to assign grant the rights purported to be assigned granted pursuant to this Agreement;
(c) the Assignor Corresponding Author is exclusively entitled to give all warranties, indemnities, assurances, confirmations, waivers and agreements set out in this Agreement;
(d) the Work has not been published by any third party, or submitted to any third party for consideration for publication, and will not be published by any third party or submitted to any third party for consideration of the same by or on behalf of the Assignor Corresponding Author or any of the Author/ss prior to publication via ▇▇▇▇▇▇▇ Open;
(e) once the Work has been submitted to ▇▇▇▇▇▇▇ Science Open for publication in accordance with clause 4, the Assignor Corresponding Author will not attempt to withdraw the Work from publication;
(f) the Assignor Corresponding Author has not assigned or granted to any third party any of the rights assigned or granted pursuant to this Agreement;
(g) the exploitation of the rights assigned or granted by this Agreement will not infringe the rights of any third party, including without limitation, any third party intellectual property rights and any rights to register the same;
(h) the Assignor Corresponding Author is unaware of any infringement, or likely infringement, of any of the rights assigned or granted pursuant to this Agreement;
(i) the rights assigned granted by this Agreement are free from any security interest, option, mortgage, charge or lien;
(j) the Work is factually accurate and contains no matter which is scandalous, libellous, unlawful, or otherwise actionable;
(k) there are no actual or potential conflicts of interest, except as specified in Schedule 1: Details of the Work;
(l) there has been no financial contribution to the Work, except as specified in Schedule 1: Details of the Work; and
(m) there have been no experiments involving humans or animals, except as specified in Schedule 1: Details of the Work.
Appears in 1 contract
Sources: Open Access Publishing Agreement
Warranties. The Assignor Corresponding Author warrants and undertakes that, as at the date of this Agreement::
(a) the Work does not contain any plagiarism; the Work is the original work of the Author/s, and has not been copied wholly or substantially from any other work or material or any other source; ▇▇▇▇▇▇▇ Science Publishers uses the iThenticate software to detect instances of overlapping and similar text in submitted manuscripts. iThenticate software checks content against a database of periodicals, the Internet, and a comprehensive article database.;
(b) the Assignor Corresponding Author is the sole legal and beneficial owner of the rights purported to be assigned granted pursuant to this Agreement, and (if applicable) the Assignor Corresponding Author has obtained any and all necessary assignments or other permissions from co-co- authors and/or employers to ensure that the Assignor Corresponding Author is able to comply with its obligations and to assign grant the rights purported to be assigned granted pursuant to this Agreement;
(c) the Assignor Corresponding Author is exclusively entitled to give all warranties, indemnities, assurances, confirmations, waivers and agreements set out in this Agreement;;
(d) the Work has not been published by any third party, or submitted to any third party for consideration for publication, and will not be published by any third party or submitted to any third party for consideration of the same by or on behalf of the Assignor Corresponding Author or any of the Author/ss prior to publication via ▇▇▇▇▇▇▇ Open;
(e) once the Work has been submitted to ▇▇▇▇▇▇▇ Science Open for publication in accordance with clause 4, the Assignor Corresponding Author will not attempt to withdraw the Work from publication;
(f) the Assignor Corresponding Author has not assigned or granted to any third party any of the rights assigned or granted pursuant to this Agreement;
(g) the exploitation of the rights assigned or granted by this Agreement will not infringe the rights of any third party, including without limitation, any third party intellectual property rights and any rights to register the same;;
(h) the Assignor Corresponding Author is unaware of any infringement, or likely infringement, of any of the rights assigned or granted pursuant to this Agreement;
(i) the rights assigned granted by this Agreement are free from any security interest, option, mortgage, charge or lien;;
(j) the Work is factually accurate and contains no matter which is scandalous, libellous, unlawful, or otherwise actionable;
(k) there are no actual or potential conflicts of interest, except as specified in Schedule 1: Details of the Work;;
(l) there has been no financial contribution to the Work, except as specified in Schedule 1: Details of the Work; and
(m) there have been no experiments involving humans or animals, except as specified in Schedule 1: Details of the Work..
Appears in 1 contract
Sources: Open Access Publishing Agreement
Warranties. The Assignor warrants and undertakes that, as at the date of this Agreement:
(a) the Work does not contain any plagiarism; the Work is the original work of the Author/s, and has not been copied wholly or substantially from any other work or material or any other source. the Work does not contain any plagiarism; the Work is the original work of the Author/s, and has not been copied wholly or substantially from any other work or material or any other source. ▇▇▇▇▇▇▇ Science Publishers uses the iThenticate software to detect instances of overlapping and similar text in submitted manuscripts. iThenticate software checks content against a database of periodicals, the Internet, and a comprehensive article database.
(b) the Assignor is the sole legal and beneficial owner of the rights purported to be assigned pursuant to this Agreement, and (if applicable) the Assignor has obtained any and all necessary assignments or other permissions from co-authors and/or employers to ensure that the Assignor is able to comply with its obligations and to assign the rights purported to be assigned pursuant to this Agreement;
(c) the Assignor is exclusively entitled to give all warranties, indemnities, assurances, confirmations, waivers and agreements set out in this Agreement;
(d) the Work has not been published by any third party, or submitted to any third party for consideration for publication, and will not be published by any third party or submitted to any third party for consideration by or on behalf of the Assignor or any of the Author/s;
(e) once the Work has been submitted to ▇▇▇▇▇▇▇ Science for publication in accordance with clause 4, the Assignor will not attempt to withdraw the Work from publication;
(f) the Assignor has not assigned or granted to any third party any of the rights assigned or granted pursuant to this Agreement;
(g) the exploitation of the rights assigned or granted by this Agreement will not infringe the rights of any third party, including without limitation, any third party intellectual property rights and any rights to register the same;
(h) the Assignor is unaware of any infringement, or likely infringement, of any of the rights assigned or granted pursuant to this Agreement;
(i) the rights assigned by this Agreement are free from any security interest, option, mortgage, charge or lien;
(j) the Work is factually accurate and contains no matter which is scandalous, libellous, unlawful, or otherwise actionable;
(k) there are no actual or potential conflicts of interest, except as specified in Schedule 1: Details of the Work;
(l) there has been no financial contribution to the Work, except as specified in Schedule 1: Details of the Work; and
(m) there have been no experiments involving humans or animals, except as specified in Schedule 1: Details of the Work.
Appears in 1 contract
Warranties. The Assignor Corresponding Author warrants and undertakes that, as at the date of this Agreement:
(a) the Work does not contain any plagiarism; the Work is the original work of the Author/s, and has not been copied wholly or substantially from any other work or material or any other source; ▇▇▇▇▇▇▇ Science Publishers uses the iThenticate software to detect instances of overlapping and similar text in submitted manuscripts. iThenticate software checks content against a database of periodicals, the Internet, and a comprehensive article database.;
(b) the Assignor Corresponding Author is the sole legal and beneficial owner of the rights purported to be assigned granted pursuant to this Agreement, and (if applicable) the Assignor Corresponding Author has obtained any and all necessary assignments or other permissions from co-co- authors and/or employers to ensure that the Assignor Corresponding Author is able to comply with its obligations and to assign grant the rights purported to be assigned granted pursuant to this Agreement;
(c) the Assignor Corresponding Author is exclusively entitled to give all warranties, indemnities, assurances, confirmations, waivers and agreements set out in this Agreement;
(d) the Work has not been published by any third partyparty on a commercial basis, or submitted to any third party for consideration for publicationpublication on a commercial basis, and will not be published by any third party on a commercial basis or submitted to any third party for consideration of the same by or on behalf of the Assignor Corresponding Author or any of the Author/s;
(e) once the Work has been submitted to ▇▇▇▇▇▇▇ Science Open for publication in accordance with clause 44 , the Assignor Corresponding Author will not attempt to withdraw the Work from publication;
(f) the Assignor Corresponding Author has not assigned or granted to any third party any of the rights assigned or granted pursuant to this Agreement;
(g) the exploitation of the rights assigned or granted by this Agreement will not infringe the rights of any third party, including without limitation, any third party intellectual property rights and any rights to register the same;
(h) the Assignor Corresponding Author is unaware of any infringement, or likely infringement, of any of the rights assigned or granted pursuant to this Agreement;
(i) the rights assigned granted by this Agreement are free from any security interest, option, mortgage, charge or lien;
(j) the Work is factually accurate and contains no matter which is scandalous, libellous, unlawful, or otherwise actionable;
(k) there are no actual or potential conflicts of interest, except as specified in Schedule 1: Details of the Work;; and
(l) there has been no financial contribution to the Work, except as specified in Schedule 1: Details of the Work; and
(m) there have been no experiments involving humans or animals, except as specified in Schedule 1: Details of the Work.
Appears in 1 contract
Sources: Open Access Publishing Agreement
Warranties. The Assignor Corresponding Author warrants and undertakes that, as at the date of this Agreement:
(a) the Work does not contain any plagiarism; the Work is the original work of the Author/s, and has not been copied wholly or substantially from any other work or material or any other source; ▇▇▇▇▇▇▇ Science Publishers uses the iThenticate software to detect instances of overlapping and similar text in submitted manuscripts. iThenticate software checks content against a database of periodicals, the Internet, and a comprehensive article database.;
(b) the Assignor Corresponding Author is the sole legal and beneficial owner of the rights purported to be assigned granted pursuant to this Agreement, and (if applicable) the Assignor Corresponding Author has obtained any and all necessary assignments or other permissions from co-co- authors and/or employers to ensure that the Assignor Corresponding Author is able to comply with its obligations and to assign grant the rights purported to be assigned granted pursuant to this Agreement;
(c) the Assignor Corresponding Author is exclusively entitled to give all warranties, indemnities, assurances, confirmations, waivers and agreements set out in this Agreement;Agreement;
(d) the Work has not been published by any third partyparty on a commercial basis, or submitted to any third party for consideration for publicationpublication on a commercial basis, and will not be published by any third party on a commercial basis or submitted to any third party for consideration of the same by or on behalf of the Assignor Corresponding Author or any of the Author/s;
(e) once the Work has been submitted to ▇▇▇▇▇▇▇ Science Open for publication in accordance with clause 4, the Assignor Corresponding Author will not attempt to withdraw the Work from publication;
(f) the Assignor Corresponding Author has not assigned or granted to any third party any of the rights assigned or granted pursuant to this Agreement;
(g) the exploitation of the rights assigned or granted by this Agreement will not infringe the rights of any third party, including without limitation, any third party intellectual property rights and any rights to register the same;
(h) the Assignor Corresponding Author is unaware of any infringement, or likely infringement, of any of the rights assigned or granted pursuant to this Agreement;
(i) the rights assigned granted by this Agreement are free from any security interest, option, mortgage, charge or lien;
(j) the Work is factually accurate and contains no matter which is scandalous, libellous, unlawful, or otherwise actionable;
(k) there are no actual or potential conflicts of interest, except as specified in Schedule 1: Details of the Work;; and
(l) there has been no financial contribution to the Work, except as specified in Schedule 1: Details of the Work; and
(m) there have been no experiments involving humans or animals, except as specified in Schedule 1: Details of the Work.
Appears in 1 contract
Sources: Open Access Publishing Agreement