Folia Iuridica Universitatis Wratislaviensis

Wrocław, dated ..............................

Statement on granting a non-exclusive licence

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Licensor's name and surname                                                                                                                                                                                .............................................................................................................................................................................
residing at

as the author (hereinafter referred to as the Licensor) of the Work ………………………………………………….………………………………………………………………………………………………………………………………….
Work title

published (in the form of electronic publication) in the publishing company of the Faculty of Law, Administration and Economics, e-Wydawnictwo, as an element of a collective work of the Licensor edited by prof. dr hab. Leonard Górnicki “Folia Iuridica Universitatis Wratislaviensis” vol. …. no. …/21…., I represent that I hereby grant the University of Wrocław – the Faculty of Law, Administration and Economics (hereinafter referred to as "Licensee”) – the licence to use the Work – non-exclusive, free of charge, unlimited in time and territory, thereby the agreement is concluded between the Parties pursuant to the terms and conditions specified below as "The rules of granting a non-exclusive licence”.

The Licensor represents and assures that he is entitled to proprietary copyrights and moral rights in the scope included in this Agreement, and in particular its conclusion and fulfilment is possible actually and legally, nor it constitutes or will constitute the violation of third parties' rights, including copyrights and personal interests as well as other binding legal regulations such as personal data protection. The statements includes both the text of the Work as well as other elements included in it by the Licensor, such as diagrams, drawings and charts, as well as other works, pieces not being works or their fragments performed by the Licensor in person or through other persons.

The rules of granting a non-exclusive licence:

1. In order to fulfil the Agreement, the Licensor grants the Licensee the licence for using the Work in the scope specified in detail in points 3-8. Moreover, within 1 month from the date of signing the statement, he shall hand over to the Licensee the copy (physical carrier) of the Work in the form of text files (in an electronic form in an open /possible to proofread/ file by e-mail or on the carrier (CD, DVD, USB).

2. With the reservation of the provisions of points 9-13, the Licensee represents that they will spare no efforts so that the Work was published and distributed pursuant to the rules agreed in this statement, not later than within 6 months from the day of accepting it.

3. The Licensor grants the Licensee the licence – non-exclusive and not limited territorially – to use the Work during the term of this Agreement specified in points 17-18.

4. This licence is free of charge and irrevocable in the scope in which it will be used and fulfilled by the Licensee during the term of this Agreement, and as a consequence the Licensor shall not acquire any claims for the payment of any remuneration for the use of the Work by the Licensee and for the fulfilment by that Party any other rights in the scope included herein.

5. Licensee shall have the right to use the Work within his statutory purpose (including library activities of the University of Wrocław) in the following fields of use:
a) multiplying the work digitally (digitalization),
b) introducing the work, as a part or a whole, to the memory of a publicly available computer,
c) introducing the Work to the memory of a computer made available on the premises of the library of the Licensee and the entities cooperating with it pursuant to separate agreements, and permitting for multiplying it in the form of computer printout by those who use it within permitted personal use,
d) distributing the Work online:
- making it available in the Internet for everyone without limitations,
- making it available online to students of the University of Wrocław or other entities pursuant to agreements concluded by the Licensee in this scope.

6. The Licensee shall be entitled, without limitation, to transfer the rights and obligations resulting herefrom onto any third parties.

7. The Licensor shall each time, in the case of publishing the Work in some other publication or publishing it additionally separately, include in an explicit way (e.g. as a footnote of the title) the information about first publication completed pursuant to this Agreement by providing its bibliographical note.

8. The Author acknowledges that in accordance with the binding rules pertaining to Digital Object Identifiers (DOI), the DOI number received by the Licensee will be assigned permanently to the Work on an exclusive basis, hence any potential further publications of the Work online may only be done with that marking. The Work under that DOI number will be revealed permanently in the Repository of the University of Wrocław, and also in the Digital Library of the University of Wrocław.

9. The Licensee shall – when fulfilling this Agreement – bear the costs of publication of the Work in the form specified herein, with the reservation that the Work had been approved for publishing in e-Wydawnictwo, within the publishing plan pertaining to electronic publications of the Faculty of Law, Administration and Economics of the University of Wrocław.

10. Within the obligation mentioned in point 9, the Licensee shall publish or order the publishing of the text in the scope including the following elements: title page, footer with the Licensee's copyrights, reserving the right to copy, ISBN, (Polish) language proofreading as well as typesetting and page makeup.

11. It is mutually agreed that the editorial form of the Work shall solely be specified by the Licensee.

12. The Work, pursuant to the general rules pertaining to analogous publications, shall be promoted within Legal and Economic Digital Library and Repository of the University of Wrocław. The information pertaining to the work shall be sent to other legal libraries in Poland pursuant to the same rules.

13. The Licensor consents to the Licensee's publishing, at their discretion, promotional information, advertisements and other information on the cover and on special promotional sheets placed inside the publication of the Work in electronic form.

14. The Licensor shall have the right and the obligation to do the author’s proofreading within appropriate time however not longer than 7 days from the day of providing him/her with the Work for that purpose; in the case when proofs for which the Licensor is responsible should exceed 10% of total publication preparation costs, the costs might be imposed on the Licensor.

15. Moreover, it is reserved that the Licensor shall, before handing back the Work for publication, if it appears to be necessary, adjust its content to the current legal and actual state of affairs.

16. Licensor hereby consents to the technically justified changes of ways of expressing the Work, including the change of document format in which the work had originally been saved, without the change of its contents, in the scope that is justified by the use of the work pursuant to this licence.

17. This Licence is hereby granted for an indefinite period of time. However, it is reserved that it cannot be terminated by the Licensor within five years from the day of concluding it, and after that period, without the need for additional statements, it shall be successively extended for subsequent 12-month periods, if it is not be terminated by the Parties in the manner specified below in point 18.

18. With the reservation of the provisions of point 17, each Party may terminate this Agreement in writing with observing the 12-month notice period which shall expire at the end of a calendar year.

19. The Licensor consents to having his personal data processed for the purposes connected with the fulfilment of this Agreement.

20. Any changes and amendments hereto shall require the consent of the Parties and shall be made in writing, otherwise null and void.

21. For any matters not provided for herein the relevant provisions of the Copyright and Related Rights Act dated 4 February 1994 (i.e. the [Journal of Laws] of 2019, item 1231) and the relevant provisions of the Civil Code shall respectively apply.

22. The Parties mutually declare that any disputes or doubts that will be the result of this Agreement shall be settled amicably by way of direct negotiations. Should it be impossible to reach an agreement in this manner, any resultant disputes shall be settled by the court of competent jurisdiction for the Licensee's registered office.

23. The Agreement shall take effect at the moment of signing this statement by the Licensor. 

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Licensor's signature