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Open Access License Agreement
This OPEN ACCESS LICENSE AGREEMENT (this “Agreement”),
dated as of.
_____________________________________
DATE
(theEffective Date), by and between Wolters Kluwer
Health, Inc., operating as Medical Research / Lippincott
Williams & Wilkins, a Delaware corporation, having its
principal place of business at Two Commerce Square, 2001
Market Street, Philadelphia, PA 19103 (the “Publisher”), and
the corresponding author listed on Schedule A to this
Agreement (the “Author”, and together with the Publisher,
the “Parties”).
1. Grant of License
The Author hereby grants to the Publisher and its Affiliates
the exclusive, worldwide, royalty free, perpetual (for the
duration of the applicable copyright) right and license to use
the Work for all commercial or educational purposes,
including, but not limited to, publishing, reproducing,
marketing, distributing (themselves and through distributors),
sublicensing, and selling copies of the Work throughout the
world for the Term. If the Author is a United States
government employee, such license grant shall be limited to
the extent the Author is able to grant such license.
2. Warranties, Indemnification, and Limitation of Liability
a. The Author represents and warrants that:
(i) it has the right and power to enter into this
Agreement, to grant the rights and licenses granted pursuant
to this Agreement, and to perform all of its other obligations
contained in this Agreement;
(ii) it has not previously assigned, transferred or
otherwise encumbered the rights or licenses granted
pursuant to this Agreement; and that the person executing
this Agreement on the Authors behalf is authorized to do
so;
(iii) the Work and the licenses granted herein do not
and will not infringe upon, violate or misappropriate any
intellectual property rights or any other proprietary right,
contract or other right or interest of any third party;
(iv) if the Work is a multi-authored Work, the Author
has obtained written permission from each author of the
Work to enter into this Agreement on behalf such author,
and each such author has read, understands and has agreed
to the terms of this Agreement; and
(v) the Author has obtained any necessary releases
and permissions to quote from other sources in the Work
and to include any works and materials in the Work and all
such releases and permissions are in full force and effect.
b. The Author hereby indemnifies the Publisher and its
directors, officers, employees, agents, and representatives
and agrees to defend and hold them harmless from and
against any and all liability, damage, loss, costs or expenses
(including reasonable attorney’s fees and costs of settlement)
incurred by any such party arising out of, or relating to any
misrepresentation in, or breach or alleged breach of the
Authors representations or warranties in this Agreement. If
the Author fails to promptly or diligently pursue any defense
of any indemnified party, the indemnified parties, or any of
them, may assume such defense at the Author’s expense.
The obligations of this indemnification will survive any
termination or expiration of this Agreement.
c. The Publisher represents and warrants that it has the right
and power to enter into this Agreement and to perform its
obligations contained in this Agreement, and that the person
executing this Agreement on the Publisher’s behalf is
authorized to do so.
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d. The Publisher hereby indemnifies the Author and agrees
to defend and hold the Author harmless from and against
any and all liability, damage, loss, costs or expenses
(including reasonable attorney’s fees and costs of settlement)
incurred by the Author arising out of, or relating to any
misrepresentation in, or breach or alleged breach of the
Publisher’s representations or warranties in this Agreement.
If the Publisher fails to promptly or diligently pursue any
defense of the Author, the Author may assume such defense
at the Publisher’s expense. The obligations of this
indemnification will survive any termination or expiration of
this Agreement.
e. EXCEPT AS OTHERWISE SET FORTH IN THIS AGREEMENT,
NEITHER PARTY MAKES ANY OTHER, AND HEREBY
DISCLAIMS ALL OTHER, REPRESENTATIONS AND
WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED,
STATUTORY OR OTHERWISE, INCLUDING, WITHOUT
LIMITATION, WARRANTIES OF TITLE, MERCHANTABILITY,
FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT,
OR THE ABSENCE OF LATENT OR OTHER DEFECTS,
ACCURACY, OR THE PRESENCE OR ABSENCE OF ERRORS,
WHETHER OR NOT DISCOVERABLE.
f. EXCEPT TO THE EXTENT REQUIRED BY APPLICABLE LAW,
IN NO EVENT WILL EITHER PARTY BE LIABLE TO THE OTHER
PARTY BASED UPON ANY LEGAL THEORY FOR ANY SPECIAL,
INCIDENTAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY
DAMAGES ARISING OUT OF THIS LICENSE OR THE USE OF
THE WORK, EVEN IF A PARTY HAS BEEN ADVISED OF THE
POSSIBILITY OF SUCH DAMAGES.
3. Creative Commons License.
Creative Commons Licenses are subject to items selected in
item 1, 2 and 3 in the Schedule B.
a. CCBY-NC-ND – NonCommercial-NonDerivitives Creative
Commons License
The Author acknowledges and agrees that the Work will be
published by the Publisher in (the “Journal) and made freely
available to users under the terms of the Attribution-
NonCommercial-NoDerivs 4.0 Creative Commons License, as
currently displayed at
http://creativecommons.org/licenses/by-nc-nd/4.0/legalcode
(theCC BY-NC-ND). The Author acknowledges and agrees
that that Publisher is the exclusive “Licensor”, as defined in
the CC BY-NC-ND, of the Work and that the Publisher may
make the Work freely available to all users under the terms
of the CC BY-NC-ND.
b. CCBY – Creative Commons License
The Author acknowledges and agrees that the Work will be
published by the Publisher in (the “Journal”) and made freely
available to users under the terms of the Attribution 4.0
Creative Commons License, as currently displayed at
http://creativecommons.org/licenses/by/4.0/legalcode (the
“CC BY”). The Author acknowledges and agrees that that
Publisher is the exclusive “Licensor”, as defined in the CC BY,
of the Work and that the Publisher may make the Work
freely available to all users under the terms of the CC BY.
c. CCBY-NC – NonCommercial Creative Commons License
The Author acknowledges and agrees that the Work will be
published by the Publisher in (the “Journal) and made freely
available to users under the terms of the Attribution-
NonCommercial 4.0 Creative Commons License, as currently
displayed at http://creativecommons.org/licenses/by-
nc/4.0/legalcode (the “CC BY-NC”). The Author
acknowledges and agrees that that Publisher is the exclusive
“Licensor”, as defined in the CC BY-NC, of the Work and that
the Publisher may make the Work freely available to all users
under the terms of the CC BY-NC.
4. Royalties.
The Author acknowledges and agrees that this Agreement
entitles the Author to no royalties or fees. To the maximum
extent permitted by law, the Author waives any and all rights
the Author may have to collect royalties or other fees in
relation to the Work or in respect of any use of the Work by
the Publisher or its sublicensees.
5. Miscellaneous.
a. Assignment. This Agreement may not be assigned or
transferred, in whole or in part, by either party without the
prior written consent of the other party. Notwithstanding
the above, the Publisher may assign this Agreement without
the written consent of the Author (i) to an entity succeeding,
whether by sale, merger or other corporate reorganization,
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to substantially all of the Publisher’s assets and business
activity, or (ii) to a corporation or organization that obtains
the right to publish the Journal from the Publisher. The
Publisher may assign this Agreement to any of its affiliates.
This Agreement will be binding upon and inure to the
benefit of the parties hereto and their respective successors
and permitted assigns.
b. Counterparts. This Agreement may be executed in two or
more counterparts, each of which shall be deemed an
original, but all of which together shall constitute one and
the same document. Facsimile or Portable Document
Format (PDF) signatures will be deemed original signatures
for purposes of this Agreement.
c. Entire Agreement; Amendment. This Agreement sets forth
the entire agreement of the parties on the subject hereof
and supersedes all previous or contemporaneous oral or
written representations or agreements relating to the rights
and duties provided herein, and may not be modified or
amended except by written agreement of the parties.
d. Force Majeure. Neither party shall be liable for any
default or delay on its part in performing any obligation
under this Agreement if such default or delay is caused by
natural disaster, accident, war, civil disorder, strike or any
other cause beyond the reasonable control of such party. In
the event that either party is prevented by such an
occurrence or circumstance for a period of more than ninety
(90) days from fulfilling its obligations under this Agreement,
the other party may terminate this Agreement upon thirty
(30) days’ written notice.
e. Governing Law. This Agreement shall be governed in all
respects according to the laws of the State of New York
without giving effect to the principles of conflict of law
thereof.
f. Headings. All headings are for reference purposes only
and shall not affect the meaning or interpretation of any
provision hereof.
g. Severability. If any provision of this Agreement is held to
be illegal, invalid, or unenforceable under the present or
future laws, then such provision shall be revised by a court
of competent jurisdiction to be enforceable if permitted
under applicable law, and otherwise shall be fully severable.
In any event, this Agreement shall be construed and
enforced as if such illegal, invalid, or unenforceable provision
had never comprised a part of this Agreement, and the
remaining provisions of this Agreement shall remain in full
force and effect and shall not be affected by the illegal,
invalid, or unenforceable provision or by its severance from
this Agreement.
h. Status of the Parties. The parties are independent
contractors. Nothing in this Agreement is intended to or
shall be construed to constitute or establish any agency,
joint venture, partnership or fiduciary relationship between
the parties, and neither party has the right or authority to
bind the other party nor shall either party be responsible for
the acts or omissions of the other.
i. Waiver; Amendment. The waiver by either party of or the
failure by either party to claim a breach of any provision of
this Agreement shall not be, or be held to be, a waiver of
any subsequent breach or affect in any way the further
effectiveness of any such provision. No term or condition of
this Agreement may be waived except by an agreement by
the parties in writing.
j. Waiver of Jury Trial. EACH PARTY HEREBY WAIVES ITS
RIGHT TO A JURY TRIAL IN CONNECTION WITH ANY
DISPUTE OR LEGAL PROCEEDING ARISING OUT OF THIS
AGREEMENT OR THE SUBJECT MATTER HEREOF.
[Signature Page Follows]
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ScheduleA
ThisScheduleAmustbecompletedbyAuthorinitsentirety.ThePublisherisunabletopublishtheWorkunless
thisScheduleAiscompletelyfilledout.

ArticleTracking#

ArticleTitle(the“Work”)

CorrespondingAuthorName(the“Author”)

CopyrightOwner’sName

NameofJournalinwhichWorkistobePublished
ScheduleB
ThisScheduleBmustbecompletedbyAuthorin itsentirety.ThePublisherisunabletopublish theWorkunless
thisScheduleBiscompletelyfilledout.
MANDATEDFUNDINGPOLICYDISCLOSURE
1. Chooseafunderfromthedropdownlist.IfanyofthefollowingareselectedpleasecompleteItem2.
NOTE:If you area World Health Organization Employeeand are required to publish under theCreative CommonsCCBY IGO
license, then do not complete this form. Instead, please contact the Editorial Office for the separate WHO Employee license
agreement.
2. Ifyouhaveselectedfundingfromtheabovelistin1.,pleasedisclosetheOpenAccessoptiontowhichthe
Workwillbesubject.Selecting“GoldRoute”willensurethatyourworkispublishedundertheCreative
CommonsCCBYlicense.
Goldroute
Greenroute
NOTE:Ifthe“Gold”routehasbeenselected,Section3.b.oftheAgreementwillapplytotheWork,andneitherSection3.a.nor
Section3.c.oftheAgreementwillapplytotheWork.Ifthe“Green”routehasbeenselected,Section3.c.oftheAgreementwill
applytotheWorkafteranembargo,andneitherSection3.a.norSection3.b.oftheAgreementwillapplytotheWork.
Please select the appropriate funder
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3. ThisScheduleBisinapplicabletotheWork.
NOTE:IfauthorhasselectedItem3,Section3.a.ontheAgreementwillapplytotheWork,andneitherSection3.b.norSection
3.c.oftheAgreementwillapplytotheWork.
GOVERNMENTEMPLOYEES
4.
Thisworkwascreatedinthecourseofanauthor’semploymentbytheUnitedStatesGovernment
IftheWorkoraportionofithasbeencreatedinthecourseofanyauthor'semploymentbytheUnitedStates
Government,checkthe"Government"boxattheendofthisform.A
workpreparedbyagovernmentemployeeas
partofhisorherofficialdutiesiscalleda"workoftheU.S.Government"andisnotsubjecttocopyright.Ifitisnot
preparedaspartoftheemployee'sofficialduties,itmaybesubjecttocopyright.
If“Government”ischosen,
pleasedonotchooseaCreativeCommonsLicense.Theworkwillbepublishedwith
“WrittenworkpreparedbyemployeesoftheFederalGovernmentaspartoftheirofficialdutiesis,undertheU.S.
CopyrightAct,a“workoftheUnitedStatesGovernment”forwhichcopyrightprotectionunderTitle17ofthe
UnitedStatesCodeisnotavailable.Assuch,copyrightdoesnotextendtothecontributionsofemployeesofthe
FederalGovernment.”
NOTE:IfauthorhasselectedItem4,Section3.ontheAgreementwillnotapplytotheWork.
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SIGNATURE PAGE
TheCorrespondingAuthoracknowledgesandagreesthattheCorrespondingAuthorisenteringinto,andhas
executed,theAgreementonbehalfoftheCorrespondingAuthorandeachotherauthornamedas
contributingtotheArticle(eachsuchauthor,an“Author”,andcollectively,the“Authors”).TheCorresponding
Authorrepresentsandwarrantsthatthe
CorrespondingAuthorhasobtainedpermissionfromeachAuthorto
enterintotheAgreementonbehalfofsuchAuthorandtheCorrespondingAuthorandeachAuthorhasread,
understands,andhasagreedtothetermsoftheAgreement,including,withoutlimitation,theterms
containedintheAgreementwithrespecttoauthorized
reuseoftheArticle.
INWITNESSWHEREOF,theAuthorhasexecutedthisLicense,effectiveasoftheEffectiveDate.
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