The English translation of INVITATION TO MAKE OFFERS presented below is for informative purposes only. In case of conflict between the Russian original and the English translation, the Russian original prevails.
INVITATION TO MAKE OFFERS
1. The Federal State Budgetary Institution “Russian State Library” (hereinafter — Licensee) invites authors or other right holders (hereinafter — Licensor) to grant the RSL the right to use the works of science, literature and art (hereinafter — Works) by entering into a license agreement under the terms of an exclusive license, set forth below:
1.1. Publication of the Works with the indication of the Licensor’s name in the RSL’s publications, including electronic ones, with no limit on the number of copies.
1.2. Reproduction of the Works, that is, the production of one or more copies of the Works, or its parts in any material form, including electronic, as part of printed publications and/or electronic, including the Licensee’s periodicals.
1.3. Distribution of the electronic or printed copies of the Works and/or parts thereof.
1.4. Making the Works available to the public in full or in part (including by posting them on the websites www.rsl.ru and www.нэб.рф), so that anyone can access an electronic copy of the Works and information about the Licensor from any place and at any time of their own choice.
1.5. Making translations of the Works into any languages of the world or processing the Work in other ways, that is, making any changes to the Work, including editing the text, providing illustrative and / or textual materials (in the necessary amount at the discretion of the Licensee), that do not lead to a change in the meaning of the text and / or distortion of its content.
1.6. Providing to third parties, at the discretion of the Licensee, the right to use the Works within the specified methods of use, i.e. the Licensor consents to the conclusion of sublicense agreements by the Licensee. Such right shall be granted to the Licensee from the moment of acceptance of the author’s offer, and it shall not require payment of additional remuneration, conclusion of additional agreements and issuance of permissions. The sublicensee shall be liable to the Licensor for the actions of the sublicensee.
2. Rights and obligations of the parties:
2.1. The Licensor shall be bound to:
2.1.1. Prepare the manuscript of the Works in accordance with the requirements specified on the official website of the Licensee on the Internet.
2.1.2. Transfer to the Licensee the manuscript of the Works in electronic form by way identified in the requirements specified on the official website of the Licensee on the Internet.
2.1.3. Provide the Licensee with summary information about the Licensor in electronic form to the extent and in the way set out in the requirements listed on the official website of the Licensee on the Internet. The Licensor shall grant the Licensee the right to store and process the transferred personal data without any time limit (the full list of the transferred personal data and the purpose of their processing are specified in the requirements on the official website of the Licensee).
2.1.4. Read clean proofs of the Works at the request of the Licensee, without remuneration, within the agreed timeframes, taking into account the technological schedules of preparation of publications.
2.2. The Licensee shall be bound to:
2.2.1. Publish the Works received by the Licensee within 4 (four) years from the date of delivery of the Works in the proper form.
2.2.2. Use the Works in the ways listed in Paragraph 1.
2.3. The Licensor shall have the right to:
2.3.1. Obtain information on the Licensee’s workflow on the manuscripts of his/her Works.
2.3.2. Place the announcement on the Works, including on the Internet, without additional coordination with the Licensee, with obligatory indication of the Licensee’s name and the link to the official website of the Licensee.
2.4. The Licensee shall have the right to:
2.4.1. Edit the text of the Works, make changes to the title and volume of the Works, coordinating the corrections with the Licensor.
2.4.2. Forward the manuscripts of the Works for review, without informing the Licensor on the reviewer. According to the results of the review or upon the decision of the Editorial Board, the Licensee shall have the right to waive publishing of the Works without explanation of the reasons to the Licensor.
2.5. Upon agreement of the final text and the title of the Works, neither party shall have the right to make changes to them without written consent of the other party.
3. Warranties of the parties:
3.1. The Licensor guarantees to the Licensee that:
- The authorship right for the Works in virtue of creation belongs to the Licensor, and he/she owns the exclusive right for the Works;
- The exclusive right to the Works is not alienated, not challenged in court, not pledged, not burdened by other legal means, and the exclusive license for the right to use the Works by ways specified in Paragraph 1 is not granted to other parties;
- The Works were not created by the Licensor under a government or municipal contract or within the labour duties established for him/her, and it is not a work for hire;
- The conclusion of the license agreement does not violate the rights and legitimate interests of third parties;
- The works do not contain information, access to which is restricted or prohibited in the manner prescribed by the current legislation of the Russian Federation.
3.2. The Licensee guarantees that it will ensure compliance with the personal non-property rights of the authors of the Works and the exclusive right of the copyright holders to the Works.
4. The terms of use of the Works and other conditions:
4.1. This invitation to make offers contains the essential terms of the license agreement. If the terms are agreed upon, the Licensor sends the Licensee an offer to conclude a license agreement (the author’s offer). The moment of acceptance is when the Licensee includes the Works in the publishing plan of the corresponding publication. After inclusion in the publishing plan, the notification of acceptance is sent by the Licensee’s authorized person to the Licensor by e-mail and (or) other contacts specified in the Licensor’s offer. Prior to the inclusion of the Works in the publishing plan of the corresponding publication, no other negotiations between the Licensor and the Licensee are bound to the moment of acceptance.
4.2. The right to use the Works is granted for the duration of the exclusive right to the Works.
4.3. The author’s offer is deemed not accepted in cases of violation of the terms of Paragraph 2.1., the warranties contained in Paragraph 3.1., as well as in the case specified in Paragraph 2.4.2.
4.4. The manuscripts of the Works are deemed received by the Licensee if they are executed in accordance with the requirements of the Licensee. The manuscripts of the Works are deemed delivered in the proper form if the Licensee has not submitted any claims to the Licensor for their re-execution within 10 (ten) working days after receipt.
4.5. The right to use the Works is granted to the Licensee without charge.
4.6. The right to use the Works is granted to the Licensee on the territory all over the world.
4.7. The right to use the Works specified in Paragraph 1 is granted from the moment of acceptance of the author’s offer and does not require the conclusion of additional documents (acts of acceptance, etc.).
4.8. The license agreement can be terminated by mutual written consent of the parties or by a court judgment.
4.9. All disputes arising from the terms of the license agreement shall be settled by means of negotiations.
4.10. The party dissenting with the outcome of the negotiations is obliged to send a written claim to the other party by registered mail or to hand it over to the other party under the signature.
4.11. The party that received the claim is obliged to give a reasoned response to it within 15 (fifteen) working days by sending the response to the other party either by registered mail or by delivering it to the party under the signature. In case of failure to reach an agreement between the parties, the disputes are subject to judicial procedure in accordance with the current legislation of the Russian Federation.
Director General,
Federal State Budgetary Institution "Russian State Library"
V.V. Duda
The English translation of INVITATION TO MAKE OFFERS presented below is for informative purposes only. In case of conflict between the Russian original and the English translation, the Russian original prevails.