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picture1_Agreement Sample 202004 | Sample Addendum 0


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File: Agreement Sample 202004 | Sample Addendum 0
this document is the addendum developed for harvard fas faculty in association with the harvard fas open access policy of february 12 2008 the two paragraphs in italics are optional ...

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                              This document is the addendum developed for Harvard FAS faculty in 
                              association with the Harvard FAS open access policy of February 12, 
                              2008. The two paragraphs in italics are optional paragraphs used at the 
                              author's discretion. 
                                                               
                                    ADDENDUM TO PUBLICATION AGREEMENT 
               1.  This Addendum modifies and supplements the attac  hed publication agreement (the 
                   "Publication Agreement") concerning the article titled ______________ (including any 
                   supplementary materials, the "Work") in ______________. 
               2.  The parties to the Publication Agreement as modified and supplemented by this Addendum 
                   are: ______________  (corresponding author) and any other authors listed on the Work 
                                                                    E
                   (individually or, if more than one author, collectively, "Author") and ______________  
                   ("Publisher"). 
               3.  The parties agree that wherever there is any conflict between this Addendum and the 
                   Publication Agreement, the provisions of this Addendum will control and the Publication 
                   Agreement will be construed accordingly.         L
               4.  Notwithstanding any terms in the Publication Agreement to the contrary, Author and 
                   Publisher agree as follows: 
                      a.  All of the terms and conditions of the Publication Agreement, including but not 
                          limited to all grants, agreements, representations and warranties, are subject to and 
                                                                    P
                          qualified by a non-exclusive license previously granted by Author to Harvard 
                          University. Under that license, Harvard may make the Work available and may 
                          exercise all rights under copyright relating to the Work, and may authorize others to 
                          do the same, provided that the Work is not sold for a profit. In the exercise of that 
                          license, Harvard may use the Author’s final manuscript of the Work (including all 
                          modifications from the peer review process), but will not use a facsimile of the final 
                          published version of the Work unless Publisher permits use of that version. When 
                                                                    M
                          Harvard makes the Work available in an on-line repository under that license, 
                          Harvard will cite to Publisher’s definitive version of the Work, and will link to 
                          Publisher’s version if it is available on-line. 
                      b.  In addition to any rights retained by or granted to Author in the Publication 
                          Agreement, Author retains the non-exclusive right to make the Work available and to 
                          exercise all rights under copyright relating to the Work, in any medium, in connection 
                          with Author's teaching, conference presentations, lectures, other works of authorship, 
                          and professional activities, and to authorize others to do the same. 
                      c.  Where applicable, all of the terms and conditions of the Publication Agreement, 
                          including but not limited to all grants, agreements, representations and warranties, are 
                                                                    SA
                          subject to and qualified by non-exclusive rights previously granted, or required to be 
                          granted, by Author to a funding entity that financially supported the research reflected 
                          in the Work as part of an agreement between Author or Author's employing 
                          institution and such funding entity, such as an agency of the United States 
                          government, and/or to Author's employing institution. 
                                                                                                  v.2 1/27/09 
                                    d.  Publisher agrees to provide to Author within 14 days of first publication and at no 
                                          charge an electronic copy of the published Work in a format, such as the Portable 
                                          Document Format (.pdf), that preserves final page layout, formatting and content of 
                                          the final published version. No technical restriction, such as security settings, will be 
                                          imposed to prevent copying or printing of that copy. The Publisher permits a copy of 
                                          the final published version to be used in the exercise of the rights and licenses 
                                          referred to in the paragraphs above. 
                                    e.  Nothing in the Publication Agreement will impose any limitation on the rights and 
                                          licenses referred to in the paragraphs above or any obligation in connection with their 
                                          exercise. Neither the existence nor the exercise of those rights and licenses will be 
                                          deemed to violate any representation or warranty or to breach the Publication 
                                          Agreement. 
                        5.  Either publication of the Work or Publisher's signature below will constitute Publisher's 
                              acceptance of and agreement to this Addendum. 
                        AUTHOR                                                                              PUBLISHER 
                         
                        __________________________________                                                   ___________________________________ 
                        (corresponding author on behalf of all authors)                                                   
                        __________________________________                                                   ___________________________________ 
                        Date                                                                                Date 
                                                                                                                                                                  v.2 1/27/09 
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