License to Publish: Green Open Access
In recognition of the author(s)’ desire to publish the manuscript identified above (the “Manuscript”) and any supplemental material in the constituent journals (the "Journal": Journal of Cell Biology (JCB), Journal of Experimental Medicine (JEM), or Journal of General Physiology (JGP)) and the desire of the Rockefeller University Press (“RUP”) to publish the Manuscript as quickly as possible, the Manuscript will be considered for publication on the following terms:
1. Corresponding Author Designation: The Corresponding Author has been designated by any and all co-Authors of the Manuscript (each an “Author” and collectively the “Authors”) to sign this Agreement on their behalf. If the Manuscript was prepared jointly, the Corresponding Author agrees to inform any and all co-Authors of the terms of this Agreement and to obtain all co-Authors’ permission to sign on their behalf.
2. Representations and Warranties: Each of the Authors represents and warrants that:
(a) the Manuscript was created by and is original to the Authors; (b) the Authors own or have the right to license the Manuscript to RUP pursuant to this agreement; (c) if any person other than the Authors contributed to any prior version of the Manuscript, the Authors have obtained from such person(s) all permissions and consents necessary for the submission of the Manuscript to RUP and the exercise by RUP of the rights granted in this agreement; (d) the Manuscript does not and will not infringe upon, violate, misappropriate or give rise to any adverse claim with respect to any intellectual property right or other personal, proprietary or contractual right of any third party, or defame any person, or violate any law or regulation; (e) the Authors have the full right, power and authority to enter into this agreement and to grant to RUP all rights granted in this agreement, free and clear of any and all adverse claims, encumbrances or other interests of any third party; (f) the Authors have not previously granted any rights in the Manuscript to any third party except as permitted pursuant to the section entitled “Prior Publication” below; and (g) when executed and delivered, this agreement will constitute a legal, valid and binding obligation of each Author. Each Author will indemnify and hold RUP and The Rockefeller University harmless with respect to any claim or liability resulting from any breach of any of Author’s representations or warranties in this agreement or any assertion that is contrary to any such representations or warranties.
3. Author Contributions and Identification: Each of the Authors represents and warrants that the Author has contributed significantly to the content and preparation of the Manuscript and that the Author has seen and approved the content of the Manuscript and the manner in which the Authors are identified in connection with the Manuscript (including, without limitation, the order in which the Authors are listed and any identification of the respective contributions of the Authors).
4. Prior Publication: Each of the Authors represents and warrants that neither the Manuscript nor any paper or article containing content similar to the Manuscript has previously been published in any article listed in a public citation database or in a book identified with an ISBN. The Authors represent and warrant that the Manuscript is not currently under consideration for publication by any person or entity other than RUP and agree not to submit or permit the Manuscript to be submitted for publication elsewhere. If the Manuscript or a prior version of the Manuscript has been published or made available via a “preprint server,” the Authors shall notify RUP in writing of the same at the time of submission of the Manuscript to RUP and each of the Authors represents and warrants that neither the Authors nor any third party has granted any license or authorization in connection with the same that conflicts with any of the terms of this agreement or the rights granted to RUP in this agreement. Upon publication by RUP of the edited and formatted version of the Manuscript (such edited and formatted version, including all forms of supplemental material and any images used for cover art or for any other journal feature, the “Final Published Article”), the Authors shall request that the preprint server acknowledge publication of the Final Published Article and provide a citation to the Final Published Article and a link to the DOI associated with the Final Published Article.
5. No Competing Financial Interests: Each of the Authors represents and warrants that all commercial affiliations or arrangements, stock or equity interests or patent-licensing arrangements that could be considered to pose a conflict of interest regarding the submitted article have been disclosed in writing to RUP.
6. Permissions: The Authors are responsible for obtaining permission for the use of any copyrighted material that is owned by any third party. If the Manuscript contains any copyrighted material that is owned by a third party, the Authors shall at the time of submission of the Manuscript notify RUP in writing of the same and submit to RUP copies of all such permissions. If the Manuscript includes any material provided by others that is in the public domain or otherwise not subject to copyright protection, the Authors shall at the time of submission of the Manuscript notify RUP in writing of the same and submit to RUP copies of all permission letters or other agreements relating to such material.
7.Copyright and License:
a. Copyright Ownership: Authors retain ownership of copyright in the Author Accepted Manuscript, subject to the grant of rights to RUP set forth in this agreement. “Author Accepted Manuscript” means the version of the Manuscript that is editorially accepted for publication by RUP, prior to editing, formatting and production of the Final Published Article.
b. Retained Rights: Authors have the right to deposit the Author Accepted Manuscript with any repository if they are required to do so pursuant to a grant or funding agreement. If the Author Accepted Manuscript is subject to “open access” policies of a grantor, funder or employer that require distribution of the Author Accepted Manuscript under a CC BY license, Authors may apply the CC BY license to the Author Accepted Manuscript.
c. License to RUP: The Authors hereby grant to RUP the exclusive right to (i) edit, revise, supplement and format the Manuscript as deemed necessary by RUP in connection with the creation of the Final Published Article; (ii) publish, reproduce, distribute, display and store the Final Published Article in all media and formats whether now or later known or developed; (iii) translate the Final Published Article into other languages, create adaptations, summaries and extracts of the Final Published Article and other derivative works based on the Manuscript and exercise all of the rights set forth in (i) and (ii) above in connection with such translations, adaptations, summaries, extracts and derivative works; and (iv) license others to do any or all of the above.
d. License to Authors: RUP hereby grants to the Authors the non-exclusive right, after initial publication of the Final Published Article by RUP, to: (i) post the Final Published Article on the official website(s) of the academic institutions with which the Authors are affiliated, in newsletters associated with such institutions, on the Authors’ personal websites and in any Author’s personal correspondence, (ii) include the Final Published Article in any Author’s dissertation or doctoral thesis; (iii) use, and authorize any nonprofit academic institution with which any Author is affiliated to use, the Final Published Article in an educational setting without any charge to any reader specifically for access to the Final Published Article; and (iv) include in future works by any of the Authors figures and tables created by the Author for the Final Published Article. In connection with any publication of the Final Published Article by or authorized by any of the Authors, the Authors shall ensure that the Final Published Article is accompanied by a citation to the Final Published Article and a link to the DOI associated with the Final Published Article.
e. Distribution to Public: On or about the date that is 12 months after the initial publication by RUP of the Final Published Article, or at such earlier time as RUP may determine in its discretion, RUP will make the Final Published Article accessible to the public, free to read, on RUP’s website. If the Final Published Article consists of “front matter” such as reviews or commentary, RUP will make the Final Published Article available on a free to read basis at the time of publication by RUP. RUP will have the right to cease providing free-to-read access as determined by RUP at its discretion. In addition, RUP will have the right to make the Final Published Article available to the public for use in a dissertation or doctoral thesis or in an educational setting where the Final Published Article will not be sold for profit.
f. Special Notice for Governmental Works and Works for Hire: RUP acknowledges that if the Manuscript was prepared under a United States Government contract or by employees of a foreign or domestic government and is subject to government publication rights, then the above license is made subject to those rights. If an Author is unable to retain copyright in a Manuscript because the Author is an employee under a “work for hire” arrangement, the Author is responsible for ensuring that the Author’s employer grants to RUP the above license rights and has authorized the Author to sign this license.
In cases where a manuscript is NOT accepted, the portions of this agreement regarding licensing shall be null and void.
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