AUTHOR LICENSE AGREEMENT FOR THE JOOMLA! COMMUNITY MAGAZINEWritten by Paul Orwig | Monday, 21 June 2010 16:16 |
1. Publication Rights
Along with your new article submission form, you are providing OSM with one or more articles, essays, comments, literary works, or other written materials or content, or subsequent revisions to your Work that you have written (the ìWorkî). The terms of this Agreement will apply to all Works that you submit to the JCM. In the event that you submit other materials to OSM in connection with the Works, including without limitation, images, photographs, motion pictures, videos, music, audio files, or PDFs (collectively, ìMaterialsî), the terms of this Agreement will also apply to such Materials. For Works not previously published, you grant to OSM the exclusive, irrevocable, royalty-free, transferable and worldwide right to electronically publish and distribute the Work and accompanying Materials for the first time in the JCM and on the internet for a period of 30 days. For as long as the JCM and related archives are in existence, you grant to OSM the non-exclusive, irrevocable, royalty-free, transferable, and worldwide right to: (a) publish, republish, reproduce, store, translate, display, transmit, and distribute the Work and any accompanying Materials (in whole or in part) in hard copy print format and electronically in all media now known or hereafter created, including (without limitation) in the JCM, on the internet, CD-ROM, in databases and archives, books, journals, magazines, and newsletters; and (b) use and distribute the Work and any accompanying Materials (in whole or in part) in advertising and promotional materials for the JCM, in print and/or electronic formats. In connection with the rights granted in this Agreement, you also grant to OSM the right to use your name, image, likeness and biographical information solely in conjunction with the Work and all related advertising and promotion of the Work. Upon request, you will provide OSM with your photograph and appropriate biographical information for such use. All other rights, including the copyright in the Work, are expressly reserved by you. OSM and/or CLT reserves the right to remove your Work and Materials from the JCM website at any time in its sole discretion.
2. Acceptance/Editorial Changes
You understand that your submission of a Work does not guarantee that it will be published in the JCM. OSM and/or the Joomla! Comunity Leadership Team (CLT) will determine whether a Work is acceptable in its commercially reasonable discretion and notify you of any revisions. Prior to publication of the Work, OSM and/or CLT will provide to you any proposed edits to the Work for review and approval, which will not be unreasonably withheld. Your review will be conducted on a timely basis prior to the deadline provided by OSM and/or CLT so as not to cause delays in the JCMís publication schedule. In the event that OSM and/or CLT does not receive written disapproval from you prior to the relevant deadline, all OSM and/or CLT edits will be deemed approved. You agree that you will not have the right to withhold your approval due to any changes in structure, wording, style, or grammar. The terms and conditions of this Agreement will apply to each revision of the Work. Upon request, you will provide OSM and/or CLT with all sources, research and documentation used in creating the Work for the purpose of verifying all statements of fact.
You release OSM, its employees, directors, officers, agents, affiliates, successors and assigns from any and all claims of damages for infringement, libel, slander, invasion of privacy or any other claim whatsoever based on use of the Work. You will not assert any moral rights in the Work against OSM or any licensees or transferees.
4. Representations and Warranties
You represent and warrant that: (a) you are the original author of the Work and the sole owner of all copyright and other proprietary rights in the Work; (b) the Work and the use of the accompanying Materials do not infringe any copyright, proprietary or personal of any third party; (c) the Work has not been previously published, or if published in another source, you have disclosed all relevant information to OSM; (d) you have the right, power, and authority to grant the rights set forth in this Agreement and have obtained any necessary permissions related to the Work and any accompanying Materials; (e) this Agreement does not conflict with or result in a breach of any other contracts or agreements to which you are a party; (f) all facts contained in the Work are true and accurate; and (g) you have disclosed to OSM any financial or non-financial interest the you may directly or indirectly have in any security, company, or product, which is the subject matter of the Work.
You agree to defend, indemnify and hold harmless OSM and its respective officers, directors, agents, employees, affiliates, successors and assigns from and against any and all suits, actions, claims, judgments, obligations, or any other liability of any kind or nature whatsoever (collectively, ìclaimsî), and all costs, including reasonable attorneysí fees, incurred by OSM in connection with, arising out of or relating to any misrepresentation or breach of any representation, warranty, covenant or agreement contained herein.
These terms may be revised from time to time by OSM. In that event the change will be posted on the JCM web site and notice will be sent to the e-mail addresses you provided to OSM. Any Works submitted after such notice will be subject to the revised terms.
You will not assign, sublicense or otherwise transfer this agreement or any of your rights and obligations hereunder. OSM will have the right to assign, sublicense or otherwise transfer any and all of its rights under this Agreement, or any portion thereof, to an affiliate, successor in interest, or any third party whatsoever. Subject to the foregoing, these terms will inure to the benefit of, and will be binding upon, the parties, their respective successors and permitted assigns. This Agreement will be governed by the laws of the State of New York irrespective of any choice of law rules that might apply. OSM may seek injunctive or other equitable relief in any jurisdiction in order to protect its proprietary rights. If any of these terms is or becomes unenforceable, that will not affect the enforceability of any other terms, and all other terms will, to whatever extent possible, give force to the unenforceable language. This Agreement will not be deemed to constitute the parties hereto as partners, joint venturers, nor will it be deemed to create any agency or employer/employee relationship. Each party will bear its own costs, expenses, taxes and other charges whatsoever incurred in connection with the execution and performance of this Agreement. This agreement supersedes any prior agreements regarding your submission to the JCM.
Paul is a freelance web solutions provider based in Parker, Colorado, USA. He is the President of the board of directors for Open Source Matters, a former member of the Joomla! Community Leadership Team, a former Webmaster for the Joomla! community portal, and he was the founding Lead Editor for the Joomla! Community Magazine.