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FRONTIERS WHO's WHO
License Agreement

FRONTIERS IN NEUROSCIENCE LICENSE AGREEMENT
March 2007
Copyright (©) 2007 Frontiers Research Foundation

Preamble
1. Definitions and Applicability

1.1 The following definitions shall apply in these Conditions: Article means each article submitted to Frontiers for publication. Author means the author or authors of an Article. The Fee means the aggregate of the Review Fee and the Publication Fee. Frontiers means Frontiers Research Foundation, the Swiss foundation responsible for managing the Journal and the Web site The Journal means the journal, published by Frontiers, in which the Article will be published (if Frontiers agrees to publish the Article). Parties means Frontiers and the Author. Publication fee means the fee payable in advance of publication of the Article. The amount of the publication fee is as published by Frontiers on its Website. Reviewer or Reviewers means the reviewer or reviewer(s) who will carry out the review of the Article. Review Fee means the fee payable in advance of review process of the Article. The amount of the publication fee is as published by Frontiers on its Website. Unacceptable Forum means any journal or other forum promoting racist or extremist views, hatred and/or violence. Website means the Frontiers website in which the Article will be published (if Frontiers agrees to publish the Article).

1.2 These Conditions, together with all Frontiers manuals, operating procedures and other rules, regulations and documents posted on the Website, as amended from time to time ("Rules"), which are agreed to be incorporated into these Conditions by this reference, constitute the entire agreement between Frontiers and the Author concerning the Article. No other agreement, promise, term or condition applies between the parties concerning the Article unless explicitly and validly accepted by both parties in writing or via click-through on the Website.


2. Application of these Conditions

2.1 By submitting any article or other material to Frontiers for publication the Author (1) accepts that these Conditions (including the Rules) apply to the exclusion of all other conditions unless specifically accepted in writing by Frontiers, and (2) undertakes to comply with all rules and operating procedures of Frontiers, as posted on the Website and as may be amended by Frontiers from time to time.

2.2 By submitting an article or other material to Frontiers which has been created jointly by two or more co-authors, the person accepting these Conditions via click-through or any other method warrants that (s)he has been empowered to act in the names of any co-authors who do not themselves effect a click-through acceptance of these Conditions.


3. The Article; Decision to Publish

3.1 The decision as to publication of the Article shall be at Frontiers' entire discretion. The Author agrees that, if selected by Frontiers for potential publication, the Article shall be submitted to review by one or more Reviewers of Frontiers' choice. The Author undertakes to cooperate with the review process by promptly reviewing all changes and corrections advised by the Reviewer(s) and acting reasonably and in good faith regarding such changes and corrections.

3.2 The review process has the following functions and objectives: - to ensure the Article is of sufficient basic quality for consideration for publication in the Journal - to ensure that the Article does not contravene Frontiers' ethical principles and standards - to eliminate errors and optimise the Article to ensure it is of the quality level required for publication in the Journal.

3.3 Subject to the requisite number of Reviewers agreeing to review the Article, Frontiers will review the Article and, subject to the Author cooperating with the review process , including consulting his/her/their Frontiers mailbox at least every three days during the review process, complete the review process in accordance with its own procedures. If Frontiers accepts the Article for review, Frontiers will publish an abstract as soon as the Reviewers release it. Subject to successful completion of the review process the Article will be published in the next edition of the Journal in which there is space for the Article, subject to timely fulfilment by the Author of all his/her/their obligations under these Conditions.

3.4 For a period starting on the date of submission of the Article and ending on the date on which Frontiers notifies the Author that the Article will not be published by Frontiers or the date on which the Article first appears as a published Article on the Website, the Author undertakes not to submit the Article, or any article substantially reproducing or repeating the themes and arguments of the Article, for publication to any other journal. This shall not prevent the author from issuing abstracts to conferences in accordance with usual academic practice. Following the earlier of definitive refusal for publication by Frontiers and the date of publication on the Website, the Author may publish the Article and any abstract or précis of the Article in any other journal or forum he chooses, other than an Unacceptable Forum if the Article has been published by Frontiers. Any publication following a first publication at Frontiers must clearly and prominently state that first publication was in the Journal.

3.5 In any other publications by the Author (or with the Author's consent) in which reference to the Article is made, the Author undertakes to acknowledge, or to procure that the publisher acknowledges, the Journal as the place of first publication of the Article.


4. Fee and Payment

4.1 Subject as provided in these Conditions, the Author agrees to pay the Review Fee and the Publication Fee, and any other applicable payment, by PayPal or such other method as may be used by Frontiers for receiving payments from time to time.

4.2 No fee shall be payable until the requisite number of Reviewers has confirmed that they are prepared to act as reviewers of the draft Article. Upon such confirmation, the Author will be notified and the Review Fee shall become payable. The review process will not commence until payment in full of the Review Fee has been received. The Review Fee is non-refundable except as otherwise provided in these conditions.

4.3 Upon successful finalisation of the review process the Author will be notified that the Article is ready for publication and that the Publication Fee is payable. The Publication Fee shall be payable immediately upon the giving of such notification to the Author. The Article will not be published prior to payment of all instalments of the Fee. If Frontiers, in its discretion, decides to publish the Article prior to payment of all or any part of the Fee, that fact shall not relieve the Author of his/her/their obligation to pay the Fee.

4.4 If, during the review process, the Author refuses to accept changes to the Article requested by the Reviewers, the Reviewers may reject the Article. In such a case, the matter will be automatically notified to the Editorial Board. The Author may require mediation in accordance with the rules and regulations of Frontiers. Frontiers shall not be obliged to make any refund of all or any part of the Fee unless so ordered by the mediators.

4.5 If, following a successful end to the review process, the Author having been notified that the Article is ready for publication and having paid the Publication Fee, Frontiers fails to publish the Article without providing any objective and reasonable justification, it shall refund the Fee. SUCH REFUND SHALL REPRESENT THE ENTIRE OBLIGATION OF FRONTIERS IN RESPECT OF SUCH FAILURE TO PUBLISH. NO OTHER OR FURTHER AMOUNTS SHALL BE DUE FROM FRONTIERS OR ANY ENTITY CONNECTED WITH FRONTIERS IN CONNECTION WITH ANY FAILURE TO PUBLISH.

4.6 The current Fees applicable to the submission and publication of the Article are published by Frontiers on its Website and are subject to change periodically. Frontiers shall publish any modifications to its fees and/or fee structure on the Website. Any modification of the Fee shall become effective on the day following its publication on the Website and shall affect any Articles submitted as from that point.

4.7 The Fee covers only the review and publication of the Article. Any other services, including raw data examples, deposition of raw data into databases, visualisations of the results of the Article, translations and any other services, are subject to further charges in accordance with Frontiers' usual charges for such services as amended from time to time.


5. Publication Dates, Deadlines

5.1 Author undertakes to comply with any reviewing and editing deadlines set out on the Website and/or as notified to him by Frontiers or any person acting for Frontiers.

5.2 The draft Article, as well as any supporting graphics and other related materials, must be in formats acceptable to Frontiers.


6 Intellectual Property Rights; Grant of Licence to Frontiers

6.1 By submitting the Article to Frontiers, the Author grants to Frontiers a free, paid up, irrevocable worldwide licence over the Author's copyright and all other rights of the Author in the Article, including the right to publish in any format and in or on any medium, republish, commercialise, receive income in respect of the Article, archive, modify, copy, adapt, merge, translate, summarise, introduce hyperlinks in the Article, sublicense and/or diffuse the Article or in whole or in part and/or to take any other action in respect of an Article which a publisher acting in good faith may wish to take. These rights are (subject to the other provisions of these Conditions) granted to Frontiers for the whole duration of the Author's own copyright.

6.2 Until the earlier of (1) written notification by Frontiers to the Author of definitive refusal of the Article for publication and (2) the date of first publication of the finalised Article in the Journal, the licence granted to Frontiers shall be an exclusive licence. By submitting the Article to Frontiers, the Author undertakes not to grant any rights over the Article or any part of its contents to any other person for the entire period of Frontiers' exclusive licence.

6.3 By submitting the Article to Frontiers, the Author grants to visitors to the Website a free worldwide licence under the Author's copyright and under all other rights of the Author in the Article if published, to download, copy, use and archive, subject to such users indicate when using the article the name(s) of the Author and the following information plus a copyright statement as directed by Frontiers. These rights are (subject to the other provisions of these Conditions) granted to such visitors for the whole duration of the Author's own copyright.

6.4 Upon written notification by Frontiers to the Author of definitive rejection of the Article for publication, Frontiers' licence over the Article shall automatically terminate and Frontiers shall have no further rights in any respect over the Article. Frontiers shall in such circumstances not disclose the Article to any third party and shall delete it from the Website.

6.5 Upon first publication by Frontiers of the Article in the Journal, Frontiers' worldwide, irrevocable licence over the Article and its contents shall automatically become non-exclusive. As of such date the Author may reproduce, re-publish or submit for publication to any other journal or forum the same Article, provided that the Author may not publish or cause to be published the Article or any extract, précis or reference to the Article in any Unacceptable Forum. Any authorised publication of the Article or any reference to the Article or its contents must be accompanied by a clear and prominent acknowledgement that the Article was first published in the Journal.

6.6 Frontiers may grant sublicences and/or assign its licence in the Article and its contents to its licensees and subcontractors engaged in any aspect of the management or production of the Journal and/or the Website.


7. Warranties of the Author

7.1 The author hereby warrants and represents to Frontiers as follows:
  • the information given to Frontiers via the registration process concerning the Author (and all persons constituting the Author) is accurate, complete, up to date and not misleading.
  • the Article is entirely his/her/their original work, with all references and sources appropriately and adequately acknowledged and all necessary customary permissions and authorisations obtained in writing prior to first submission of the Article for reviewing and editing.
  • no person other than the Author has contributed to the Article in any way which would, customarily or otherwise, entitle such person to be named as author or co-author or, if other persons have contributed to the Article, each co-author has empowered the Author to act on his/herbehalf.
  • the Author has the entire and unconditional right to deal in the intellectual property rights in the Article in the manner required by these Conditions.
  • all statements, results and other contents have been verified in accordance with the highest generally accepted scientific or other relevant standards in the relevant subject domain.
  • the Article has not been published in any other journal and is not currently under consideration by any other journal. If published by Frontiers, such publication will be the first publication.
  • the firt place of publication of the Article will be Frontiers.
  • the Article contains no defamatory material or statement, no racist or extremist political message and does not incite discrimination, hatred or violence, and does not support any grouping or party which espouses such views.
  • the Author has disclosed in writing to Frontiers any other relevant fact or information concerning the Author, the Article, its authorship or its sources.
7.2 In the event of any of the above warranties being false or misleading, the Author undertakes (jointly and severally where the Author is more than one person) to indemnify and hold harmless Frontiers against any damage suffered by Frontiers as a result thereof.


8. Promotional Materials; Links to and from Other Websites

8.1 Frontiers may publish extracts and précis of the Article and may refer to the Author in promotional materials.

8.2 Frontiers may incorporate links on the Journal's website and on off-line documents to other journals and other websites, and may create and/or permit links on such other websites to the Article.


9. Author's Data, Data Protection

9.1 The Author's data collected during the registration process is kept for identification purposes and for Frontiers' and its licensees and subcontractors' use only. The data collected may be kept and used by Frontiers and Frontiers' licensees and subcontractors outside Switzerland. The data collected will not be communicated to third parties, except for Frontiers' licensees and subcontractors, unless authorised by the Author during the registration process. The Author may withdraw his authorisation or widen his authorisations at any time by modifying his/her/their profile

9.2 Measures are implemented to prevent unauthorised access to such data.

9.3 The parties agree to comply with Frontiers' Privacy policy as in force from time to time.

9.4 The Author is responsible for maintaining the accuracy of Author data and the security of his/her/their account and password; and for all activity that occurs on the Author's account (even when content is posted by others under the Author's Account). The Author undertakes: (i) to notify Frontiers immediately of the discovery of any unauthorised use of any password or account or any other known or suspected breach of security; and (ii) to report to Frontiers immediately and use reasonable efforts to stop immediately any unauthorised activity known or suspected. The address for notification is the following: Info@frontiers.com


10. Governing Law and Jurisdiction

10.1 These Conditions are governed by Swiss law.

10.2 The Author agrees to submit any dispute or disagreement concerning the Article or arising out of or in connection with its submission, review, publication or any other aspect of the parties' relationship concerning the Article in any way to Frontiers' mediation process, and to follow the mediation process in good faith and to act in good faith in deciding whether to accept the result of such process.

10.3 All disputes arising out of or in connection with these Conditions which the mediation process referred to above has failed to resolve satisfactorily shall be subject to the exclusive jurisdiction of the courts of the Canton de Vaud, Switzerland.

10.4 The election of the governing law and jurisdiction will not be affected by any modification of a Party's residence, place of work or server location.

10.5 The Author consents and will consent to any application by Frontiers to stay court proceedings brought by the Author in contravention of the provisions of this Article.


11. Frontiers In Neuroscience Publications

11.1 Frontiers In Neuroscience will search for your publication information from variety of sources. These publications are then displayed on your profile page. While all care has been taken in optimizing the searching and filtering process, Frontiers In Neuroscience can not provide any guarantees that the search results will be accurate. BY CLICKING THIS BOX, YOU AGREE THAT FRONTIERS IN NEUROSCIENCE CAN NOT BE HOLD RESPONSIBLE FOR ANY IN ACCURACIES IN YOUR PUBLICATION LIST.


12. Miscellaneous

12.1 LIMITATION OF LIABILITY: SAVE AS STATED IN THESE CONDITIONS, THE MAXIMUM AGGREGATE LIABLITY OF FRONTIERS TO THE AUTHOR SHALL BE LIMITED TO REPAYMENT OF ANY FEES PAID BY THE AUTHOR TO FRONTIERS. FRONTIERS SHALL NOT BE LIABLE FOR ANY INDIRECT, CONSEQUENTIAL, SPECIAL OR OTHER DAMAGES, EVEN IF INFORMED OF THE POSSIBILITY OR LIKELIHOOD OF SUCH DAMAGES. THE PRECEDING LIMITATION AND EXCLUSION OF LIABILITY SHALL NOT APPLY TO THE EXTENT THAT APPLICABLE LAW DOES NOT PERMIT LIABILITY TO BE LIMITED OR EXCLUDED AS DESCRIBED IN THIS PARAGRAPH.

12.2 The Author may not assign its rights or any part of its rights to any third party. Frontiers may assign its rights or any part of its rights to any person or entity to whom management of the Journal and/or the Website has been assigned.

12.3 No failure of either party to seek remedy for a breach of these Conditions shall constitute a waiver of a subsequent breach. No delay in enforcing these Conditions shall constitute a waiver of any breach.

12.4 If any provision of these Conditions is found to be illegal, invalid or unenforceable under applicable law, such provision shall not form any part of these Conditions and Frontiers shall seek to replace such provision which is legal, valid and enforceable and which as nearly as possible reflects the intention of the parties.

12.5 Neither party shall be liable to the other for failure to fulfil his/her/its obligations under these Conditions to the extent that such failure is due to circumstances beyond the control of that party. If such circumstances subsist for a period of more than six months, the other party may terminate the Agreement constituted by these Conditions in respect of the Article by written notice.